Download Free Legal Perspectives On Native Customary Land Rights In Sarawak Book in PDF and EPUB Free Download. You can read online Legal Perspectives On Native Customary Land Rights In Sarawak and write the review.

From 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.
This 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
This 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 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.
“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.
Oil 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.
Environmental Policies in Asia highlights the environmental challenges Asian planners and policymakers face as the continent undergoes rapid economic growth in the 21st Century. Edited by Jing Huang and Shreekant Gupta, with contributions from leading Asian scholar practitioners, this timely and unique volume is the first of its kind to look at environmental policies and governance from the perspective of seven dynamic Asian countries. These include developed economies of Japan and Singapore, emerging giants such as China and India and rapidly developing nations such as Vietnam, Indonesia and Malaysia. The volume discusses environmental challenges that stem from issues as local as poor recycling practices, to ones that are as vast and complex as global climate change. Engaging, accessible, and pan-Asian in scope, the essays also present creative ways in which these challenges are being addressed. This book is valuable to anyone who is keen on understanding Asia, its growth, and whether its rise is environmentally sustainable.
Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.