Divers Paths to Justice


Book Description




An Endogenous Theory of Property Rights


Book Description

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.




Property And Politics In Sabah, Malaysia


Book Description

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




The Impact of Climate Change Mitigation on Indigenous and Forest Communities


Book Description

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.




Pluralism, Transnationalism and Culture in Asian Law


Book Description

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 Constitution of Malaysia


Book Description

“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


Book Description

This 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


Book Description

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.




Good Governance and the Sustainable Development Goals in Southeast Asia


Book Description

This book discusses management and governance initiatives undertaken by agencies and stakeholders towards achieving the Sustainable Development Goals (SDGS) in the Southeast Asian region, specifically Malaysia, Indonesia, Thailand and Singapore. It highlights the theories, methodologies and action plans involved in implementing the goals in these countries and the importance of developing a positive relationship between the public and government agencies. With contributors coming from a range of disciplines and backgrounds across the Association of Southeast Asian Nations (ASEAN) region, this edited collection provides a holistic quantitative and qualitative approach to achieving the SDGs. In order to realise these development objectives, it argues that a strong understanding of the basic principles of governance across all levels is required, supported by effective citizen participation and conflict resolution. It provides a detailed overview of the importance of governance at the country level, addressing the key elements of an integrated framework to support sustainable transitions. Regional case studies highlight processes and recommendations for improving governance and risk management and elevating citizen awareness and participation. Good Governance and the Sustainable Development Goals in Southeast Asia is a comprehensive and valuable companion for researchers, government agencies, and professionals with an interest in the SDGs in Southeast Asia and beyond.