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Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation. Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.
Questions of who can access land and who is excluded from it underlie many recent social and political conflicts in Southeast Asia. Powers of Exclusion examines the key processes through which shifts in land relations are taking place, notably state land allocation and provision of property rights, the dramatic expansion of areas zoned for conservation, booms in the production of export-oriented crops, the conversion of farmland to post-agrarian uses, “intimate” exclusions involving kin and co-villagers, and mobilizations around land framed in terms of identity and belonging. In case studies drawn from seven countries, the authors find that four “powers of exclusion”—regulation, the market, force and legitimation—have combined to shape land relations in new and often surprising ways. Land debates are often presented as a conflict between market-oriented land use with full private property rights on the one side, and equitable access, production for subsistence, and respect for custom on the other. The authors step back from these debates to point out that any productive use of land requires the exclusion of some potential users, and that most projects for transforming land relations are thus accompanied by painful dilemmas. Rather than counterposing “exclusion” to “inclusion,” the book argues that attention must be paid to who is excluded, how, why, and with what consequences. Powers of Exclusion is a path-breaking book that draws on insights from multiple disciplines to map out the new contours of struggles for land in Southeast Asia. The volume provides a framework for analyzing the dilemmas of land relations across the Global South and beyond.
Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.
This book looks at major contemporary conflicts —intra and interstate— in Southeast Asia from a conflict management perspective. Starting with the view that the conventional ASEAN conflict-management methods have ceased to be effective, it looks for new conflict-management patterns and trends by investigating seven contemporary cases of conflict in the region. Focusing on the incompatibilities involved in each case and examining how they have been managed—whether by integration, co-existence, elimination or maneuvering around the conflict—the book sheds new light on the significance of managing conflict in achieving and maintaining the stability of the Southeast Asian region. It makes a significant theoretical contribution to the field of peace and conflict studies by proposing the concept of “mediation regime” as the key to understanding current conflict management within ASEAN.
Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
This book presents a systematic study of transboundary, regional and local water conflicts and resistance across several river basins in South Asia. Addressing hydro-socio-economic aspects in competing water sharing and transfer agreements, as well as conflicting regimes of legal plurality, property rights and policy implementation, it discusses themes such as rights over land and natural resources; resettlement of dam-displaced people; urban–rural conflicts over water allocation; peri-urbanisation, land use conflicts and water security; tradeoffs and constraints in restoration of ecological flows in rivers; resilience against water conflicts in a river basin; and irrigation projects and sustainability of water resources. Bringing together experts, professionals, lawyers, government and the civil society, the volume analyses water conflicts at local, regional and transboundary scales; reviews current debates with case studies; and outlines emerging challenges in water policy, law, governance and institutions in South Asia. It also offers alternative tools and frameworks of water sharing mechanisms, conflict resolution, dialogue, and models of cooperation and collaboration for key stakeholders towards possible solutions for effective, equitable and strategic water management. This book will be useful to scholars and researchers of development studies, environment studies, water studies, public policy, political science, international relations, conflict resolution, political economy, economics, sociology and social anthropology, environmental law, governance and South Asian studies. It will also benefit practitioners, water policy thinktanks and associations, policymakers, diplomats and NGOs.
This Handbook examines the theory and practice of international relations in Asia. Building on an investigation of how various theoretical approaches to international relations can elucidate Asia's empirical realities, authors examine the foreign relations and policies of major countries or sets of countries.
Southeast Asia has been portrayed as a key site in the global land grab. Featuring leading scholars in the field, this collection critically examines the nature and extent of land grabbing in Southeast Asia, and seeks to locate this phenomena in broader agrarian and environmental transitions (AET). The individual contributions suggest that there is little evidence of a global land grab in Southeast Asia, but that over the last ten years the surge of plantations and processes of land grabbing has been a key feature in the region. The collection considers how broader AET processes may be brought more clearly into focus by decentring land grabbing, including consideration of its absence as well presence. The diversity of cases in this collection coalesces around the productive tension in land grab studies between global capitalist processes on the one hand, and context-specificity and contingent motivations fuelling the expansion of large-scale plantations for oil palm, rubber, cassava and other cash crops, on the other hand. The contributors further broaden the entry points to consider cross-sectoral AET processes such as enclosures for mining, conservation and hydropower and explore the contingencies that help to maintain smallholder production. The chapters originally published as a special issue in The Journal of Peasant Studies.
Half of Indonesia’s massive population still lives on farms, and for these tens of millions of people the revolutionary promise of land reform remains largely unfulfilled. The Basic Agrarian Law, enacted in the wake of the Indonesian revolution, was supposed to provide access to land and equitable returns for peasant farmers. But fifty years later, the law’s objectives of social justice have not been achieved. Land for the People provides a comprehensive look at land conflict and agrarian reform throughout Indonesia’s recent history, from the roots of land conflicts in the prerevolutionary period and the Sukarno and Suharto regimes, to the present day, in which democratization is creating new contexts for people’s claims to the land. Drawing on studies from across Indonesia’s diverse landscape, the contributors examine some of the most significant issues and events affecting land rights, including shifts in policy from the early postrevolutionary period to the New Order; the Land Administration Project that formed the core of land policy during the late New Order period; a long-running and representative dispute over a golf course in West Java that pitted numerous local farmers against the government and local elites; Suharto’s notorious “million hectare” project that resulted in loss of access to land and resources for numerous indigenous farmers in Kalimantan; and the struggle by Bandung’s urban poor to be treated equitably in the context of commercial land development. Together, these essays provide a critical resource for understanding one of Indonesia’s most pressing and most influential issues. Contributors: Afrizal, Dianto Bachriadi, Anton Lucas, John McCarthy, John Mansford Prior, Gustaaf Reerink, Carol Warren, and Gunawan Wiradi.