Skip to main content

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

Buy Article:

$51.00 plus tax (Refund Policy)

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.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1540-5893.2011.00434.x

Affiliations: Department of Business Law and Taxation at Monash University, Australia

Publication date: 2011-06-01

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more