Legal Perspectives on Native Customary Land Rights in Sarawak
Author: Ramy Bulan
Publisher:
Published: 2009
Total Pages: 172
ISBN-13: 9789832523529
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Divers Paths to Justice
Author: Marcus Colchester
Publisher: Forest Peoples Programme
Published: 2011
Total Pages: 361
ISBN-13: 6169061170
DOWNLOAD EBOOKAn Endogenous Theory of Property Rights
Author: Peter Ho
Publisher: Routledge
Published: 2018-10-15
Total Pages: 301
ISBN-13: 1351623486
DOWNLOAD EBOOKFrom a neo-liberal, neo-classical paradigm, secure, formal and private property rights are crucial to fostering sustained development. Institutions that fail to respond to shifting socio-economic opportunities are thus forced to make new arrangements. The enigma is posed by developments on the ground. Why would the removal of authoritarian institutions during the Arab Spring or Iraq War not increase market efficiency but rather cause the reverse, while China and India, despite persisting insecure, informal and common institutions, featured sustained growth? This collection posits that understanding these paradoxes requires a refocusing from form to function, detached from normative assumptions about institutional appearance. In so doing, three things are accomplished. First, starting from case studies on land, it is ascertained that the argument can be meaningfully extended to labour, capital and beyond. Second, the argument validates the ‘Credibility Thesis’ – that is, once institutions persist, they fulfil a function. Third, the collection studies ‘development, broadly construed’, by including the modes of production and beyond, the rural and urban, the developed and developing. This is why it reviews property rights from China and India, to Turkey, Mexico and Malaysia, covering issues such as customary rights and privatization, mining and pastoralism, dam-building and irrigation, but also state-owned banks, trade unions and notaries. This book was originally published as a special issue of The Journal of Peasant Studies.
Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts
Author: Bertus de Villiers
Publisher: BRILL
Published: 2021-08-30
Total Pages: 295
ISBN-13: 9004461663
DOWNLOAD EBOOKThis book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Property And Politics In Sabah, Malaysia
Author: Amity A. Doolittle
Publisher: University of Washington Press
Published: 2005
Total Pages: 252
ISBN-13: 9780295985398
DOWNLOAD EBOOKThis very welcome book offers important insights into the logic of development in Malaysia, as well as its impact on local struggles for land rights. Amity Doolittle has written an exemplary work that utilizes ethnography, political economy, and historical analysis. An impressive, well-written, and well-researched book. - American Anthropologist
The Impact of Climate Change Mitigation on Indigenous and Forest Communities
Author: Maureen F. Tehan
Publisher: Cambridge University Press
Published: 2017-10-26
Total Pages: 443
ISBN-13: 1108505880
DOWNLOAD EBOOKThe international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed contribution to contemporary understanding of this topic.
Pluralism, Transnationalism and Culture in Asian Law
Author: Gary F Bell
Publisher: Flipside Digital Content Company Inc.
Published: 2018-02-14
Total Pages: 290
ISBN-13: 9814786675
DOWNLOAD EBOOKThis book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
The Constitution of Malaysia
Author: Andrew Harding
Publisher: Bloomsbury Publishing
Published: 2022-05-19
Total Pages: 287
ISBN-13: 1509927441
DOWNLOAD EBOOK“This book should find its place in every person's library...[it is] a resource for engagement and vital critical discourse.” Philip T. N. Koh, Star2 This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law.
Gender and Land Tenure in the Context of Disaster in Asia
Author: Kyoko Kusakabe
Publisher: Springer
Published: 2015-06-30
Total Pages: 116
ISBN-13: 3319166166
DOWNLOAD EBOOKThis book explores an interdisciplinary field at the intersection of gender and development studies, disaster and land tenure policy. It is well known that women generally have weaker claims to land. But how does that translate to increased vulnerability during disaster? Using case studies from Asia, this book argues that land tenure is a key factor in mitigating the impact of disasters on women. The scale and frequency of disasters have been increasing in recent decades due to human impact on the landscape and climate. Unsustainable farming and land management systems have increased environmental risks and social vulnerabilities. However, around the world the costs of disasters are disproportionately borne by women, due largely to their reduced mobility and lack of control over assets. In post-disaster settings, women’s vulnerabilities increase due to gendered rescue and rehabilitation practices. As such, a gendered approach to land rights is critical to disaster preparedness and recovery.
Social impacts of oil palm in Indonesia
Author: Tania Murray Li
Publisher: CIFOR
Published: 2015-05-07
Total Pages: 61
ISBN-13: 6021504798
DOWNLOAD EBOOKOil palm plantations and smallholdings are expanding massively in Indonesia. Proponents highlight the potential for job creation and poverty alleviation, but scholars are more cautious, noting that social impacts of oil palm are not well understood. This report draws upon primary research in West Kalimantan to explore the gendered dynamics of oil palm among smallholders and plantation workers. It concludes that the social and economic benefits of oil palm are real, but restricted to particular social groups. Among smallholders in the research area, couples who were able to sustain diverse farming systems and add oil palm to their repertoire benefited more than transmigrants, who had to survive on limited incomes from a 2-ha plot.
