Unresolved Border, Land and Maritime Disputes in Southeast Asia


Book Description

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.




Land Conflicts in Southeast Asia


Book Description

This material was originally published as three chapters in the book (now out of print) of the same name. The book examines a representative range of conflicts of land and resources in Southeast Asia, and standards and laws that the international community has devised which could be relevant to their resolution. It emphasises in particular relevant standards concerning human rights and environmental protection. This excerpt contains the Introduction, the chapter by Catherine Iorns on international law, and the book's Conclusion. The Introduction outlines the then current conflicts over land and resources in Southeast Asia, factors which lead to their internationalisation, the relevance of international laws, and the analytical framework that the various contributors in the book use in order to discuss the conflict case studies. The chapter on international law outlines the international legal framework in relation to ownership and use of land and resources within states. It discusses state sovereignty and limitations on it that are relevant to the matters raised in the book. It discusses the rights of indigenous peoples to land and resources, as conflict over these was a feature common to several of the case studies. It also discusses relevant aspects of international environmental law. The Conclusion utilises the analytical framework to make comments across the case studies about the levels at which disputes arise and the use of international dispute resolution mechanisms. It makes comments about the relevance and utility of international law for such disputes. And it makes suggestions for non-violent action at national and international levels for prevention and resolution of such domestic conflicts.







Powers of Exclusion


Book Description

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.




Ethnic Conflicts in Southeast Asia


Book Description

Potentially destabilizing ethnic conflicts continue to challenge nation-states worldwide: The countries of Southeast Asia are no exception. Globalization, population movements and historical and political fault-lines in a tremendously ethnically diverse region, coupled with continuing uneven access to economic development, have seen the resurgence of old conflicts or the flaring up of new ones. Along with violence and the loss of life and livelihood there are also longer-term cross-border impacts to consider in the form of refugees or displaced persons, illegal migrant labour, as well as drug and arms smuggling. Written by country experts, this volume examines ethnic configurations as well as conflict avoidance and resolution in five Southeast Asian countries: Indonesia, Malaysia, Myanmar, the Philippines and Thailand. Ethnic Conflicts in Southeast Asia is a resource for scholars, policy-makers, NGO personnel, analysts and others who wish to deepen their understanding of the region, or develop strategies to prevent, modulate and resolve such conflicts.




Land Law and Disputes in Asia


Book Description

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.




Contemporary Conflicts in Southeast Asia


Book Description

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.




The Limits of Tradition


Book Description

"CENTER FOR SOUTHEAST ASIAN STUDIES, KYOTO UNIVERSITY"--T.p.




Fighting Armed Conflicts in Southeast Asia


Book Description

This Element seeks to make sense of Southeast Asia's numerous armed conflicts. It makes four contributions. First, this study provides a typology, distinguishing between revolutionary, secessionist, and communal conflicts. The first two are types of insurgencies, while the latter are ethnic conflicts. Second, this study emphasizes the importance of ethnicity in shaping conflict dynamics. This is true even for revolutionary conflicts, which at first glance may appear unrelated to ethnicity. A third contribution relates to broad conflict trends. Revolutionary and secessionist conflicts feature broad historical arcs, with clear peaks and declines, while communal conflicts occur more sporadically. The fourth contribution ties these points together by focusing on conflict management. Just as ethnicity shapes conflicts, ethnic leaders and traditions can also promote peace. Cultural mechanisms are especially important for managing communal conflicts, the lone type not declining in Southeast Asia.




Autonomy and Ethnic Conflict in South and South-East Asia


Book Description

This book uses empirical evidence from various case studies to examine the relationship between territorial and regional autonomy, the nation-state and ethnic conflict resolution in South and South-East Asia. The concept of territorial or regional autonomy holds centre stage in the literature on ethnic conflict settlement because it is supposed to be able to reconcile two paradoxical objectives: the preservation of the territorial integrity and sovereignty of the state, and the satisfaction of ethnic minorities’ right to national self-determination. Critics argue, however, that autonomy may not be the panacea for ethnic conflict in all cases. The contributing authors begin with the concept of territorial or regional autonomy and subject it to a rigorous empirical analysis, which provides reliable evidence regarding the suitability of the autonomy solution to intractable ethnic conflicts. Drawing upon case studies from Kashmir, Assam, Sri Lanka, Aceh, Mindanao and Southern Thailand, this edited volume argues that autonomy arrangements may at best work to resolve only a handful of separatist ethnic conflicts in South and South-East Asia. This book will be of much interest to students of South and South-East Asia, Asian security, ethnic conflict, peace studies and IR in general.