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Resolving Land Disputes in East Asia
Exploring the Limits of Law

John Gillespie, Hualing Fu, Frank Upham, Lei Chan, Jie Cheng, Eva Pils, Xin He, Hau Shao, Susan Whiting, Changdon Zhang, Christopher Heurlin, Toan Le, Nguyen Hung Quang, Po-Fang Tsai, Duan Lin, Say H. Goo, Alice Lee
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  • Date Published: July 2014
  • availability: Available
  • format: Hardback
  • isbn: 9781107066823


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About the Authors
  • Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.

    • Actor-focused understanding of land disputes in East Asia shifts attention from law-based responses to the myriad ways in which state agencies, investors and land users conceptualize land disputes in East Asia
    • Provides different theoretical approaches to the interpretation of land disputes in East Asia, thereby offering different insights into the complex interactions which underlie land disputes
    • Covers multiple jurisdictions in East Asia, including an examination of China's transition pains and authoritarian resilience
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    Product details

    • Date Published: July 2014
    • format: Hardback
    • isbn: 9781107066823
    • length: 458 pages
    • dimensions: 235 x 157 x 28 mm
    • weight: 0.77kg
    • contains: 2 b/w illus. 12 tables
    • availability: Available
  • Table of Contents

    1. Resolving land disputes in East Asia: exploring the limits of law John Gillespie and Hualing Fu
    Part I. Theorizing Land Disputes in Socialist Asia:
    2. Property rights, commodification, and land disputes in contemporary Socialist Asia Frank Upham
    Part II. China Case Studies:
    3. Legal and institutional analysis of land expropriation in China Lei Chan
    4. The judicial role in land-taking cases Jie Cheng
    5. Contending conceptions of ownership and property in urbanizing China Eva Pils
    6. What does Wukan offer? Land-taking, law, and dispute resolution Hualing Fu
    7. Protest-supported housing demolition litigation and social change in China Xin He
    8. Courts and political stability: mediating rural land disputes Hau Shao and Susan Whiting
    9. Power and rule by law in rural China: state-initiated mediation in land disputes Changdon Zhang and Christopher Heurlin
    Part III. Vietnam Case Studies:
    10. An historical overview of Vietnamese land law and dispute resolution Toan Le and Nguyen Hung Quang
    11. Narrating law disputes in three Vietnamese communities John Gillespie
    Part IV. Taiwan Case Studies:
    12. An overview of Taiwanese land law and dispute resolution Po-Fang Tsai and Duan Lin
    13. Customary law and modern society: land disputes of Jisigongye (ancestral worship property) in Taiwan Duan Lin and Po-Fang Tsai
    Part V. Hong Kong Case Studies:
    14. An overview of Hong Kong land law and dispute resolution Say H. Goo
    15. The small house policy and Tso and Tong land: finding the interface between State and customary land in Hong Kong Say H. Goo
    16. Flexibly applying the law to regulate illegal buildings in Hong Kong Alice Lee.

  • Editors

    Hualing Fu, The University of Hong Kong
    Hualing Fu is a Professor of Law in the Faculty of Law of the University of Hong Kong, where his research interests include public law, human rights and legal institutions in China.

    John Gillespie, Monash University, Victoria
    John Gillespie is a Professor of Law and Director of the Asia Pacific Business Regulation Group at Monash University, Melbourne, Australia. He specialises in law and development, regulatory theory and socialist-transforming Asia.


    John Gillespie, Hualing Fu, Frank Upham, Lei Chan, Jie Cheng, Eva Pils, Xin He, Hau Shao, Susan Whiting, Changdon Zhang, Christopher Heurlin, Toan Le, Nguyen Hung Quang, Po-Fang Tsai, Duan Lin, Say H. Goo, Alice Lee

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