Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam

TitleExploring the Limits of the Judicialization of Urban Land Disputes in Vietnam
Annotated RecordNot Annotated
Year of Publication2011
AuthorsGillespie J
Secondary TitleLaw and Society Review
Volume45
Issue2
Pagination241-276
Key themesAccessToJustice, CivilSociety-Donors, Formalisation-titling, Policy-law, Urban
Abstract

Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism? I conclude that reforms designed to increase rule formalism in the courts may have the unintended consequence of reducing the capacity for judges to find lasting solutions to land disputes.

URLhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2020095
Availability

Available for download

Countries

Vietnam

Document Type

Journal Article