開催日／Date
October 22nd 2021
時間／Time
AM10:00－12:00 (Japanese time)
会場／Venue
Online
その他／Other
| information | This seminar introduces the newly published book which is a unique product of international collaboration of the scholars who have led the studies of comparative land law in Asia, under the auspice of the Kobe University Center for Social System Innovation. |
|---|---|
| Purpose | Land law in Asia has faced numerous protests raised by the people claiming what they believe to be justice against the formal legal regime that institutionalize various state apparatus as a means of lawful deprivation of their land. The ultimate aim of this volume is to identify the exact legal mechanisms causing land-related disputes in Asia, through a legal analysis on the formal designs of state apparatus established by the land law reforms that are constantly guided toward the “development” goal set by the modernist development economics aiming at the “takeoff” from the subsistence economy. Currently, under the new definition of “development” set by the “Sustainable Development Goals (SDGs),” an alternative to land law reform should be in our hand. By the collaboration of vanguard scholars who know the law, history, and social reality of disputes from the inside of Asia, this volume aims at searching out such an alternative. |
| Language | English (with Japanese simultaneous interpretation) |
| Registration | Free to participate by the registration at the following website: https://forms.gle/ckumhhVZLZkt3v8t5 |
| Organizer | Kobe University Center for Social System Innovation (KUSSI) |
- Presentations (tentative):
Part 1: Model conflict in land law and civil code drafting
- Origin of land disputes: reviving colonial apparatus in land law reforms (Yuka Kaneko)
- Registration of land-ownership in Cambodia: protection of private rights in development (Issei Sakano)
- Civil code and land law debate in Laos (Kenzo Okawa)
- Land law reform and civil code drafting in Vietnam: how to balance the conflicting needs for land (Nguyen Hong Hai)
Part II: land taking for “development” and beyond
- Takings for private use/private interest and livelihood compensation in Japan (Narufumi Kadomatsu)
- What enables a private party to expropriate an individual from an estate in Korea? (Jin-Sik Yoo and NooRi Se)
- Public-interest requirements of zone expropriation in Taiwan (Lee Ming-Chih)
- Land expropriation and compensation in China (Shu Jiao and Yashu Yang)
Part III: securing commons in the old and new property regime
- Vacant properties in Japan: a new challenge for the study of the commons and land laws in Asia (Gakuto Takamura)
- Securing adat land rights in Indonesia: From constitutional justice to legislation making (Rudy Lukman)
- History of Japanese common rights; Iriai-ken: social, judicial and academic overview (Sachihiko Muroi)
- The concept of juridical personality and the autonomy of villagers’ committees in China (Mikiko Matsumoto)
Part IV: land law toward alternative “development”
- State-centered land regimes and the struggle for customary land in East Asia (John Gillespie)
- Administrative court in Vietnam in solving land disputes: legal and political boundary (Pham Duy Nghia)
- Land law and disputes in Myanmar: a historical struggle for redefining the property rights (Yuka Kaneko & Ye Naing Lin)
- Asian land conflicts and the great transformation: fallacy of the law and development long-term view (Brian Z. Tamanaha)
Q&A
