Wednesday, February 25, 2015
As students start selecting topics for spring semester papers or Notes, many will want to explore the burgeoning issues around land grabbing. Don't let them re-invent the wheel! Jootaek Lee, of Northeastern Law School, has written a useful and timely research guide on land grabbing. The paper, titled "Contemporary Land Grabbing, Research and Bibliography," will appear in the forthcoming Law Library Journal, v. 107 (Spring 2015). Meanwhile, the complete paper can be downloaded from SSRN. Here is the abstract:
Researching contemporary land grabbing issues is complicated and more difficult than traditional land grabbing research which covered between the colonial period and the early twenty-first century. Contemporary land grabbing research is difficult for researchers because of the complex reasons and motivations behind the contemporary land grabbing, the number of stakeholders involved, the interdisciplinary nature of research, the many different types of legal sources to search — international treaties, custom, jurisprudence, soft law, and domestic statutes and customary law — lack of empirical evidence, and scattered resources in many different places. The research is a mixture of international and domestic legal research and legal and non-legal research. In this article, I will first investigate the contemporary land grabbing and land alienation and their definitions and identify the difficulties of research. Next, I will delineate various mechanisms and international principles which can be useful for the protection of the rights of indigenous and local people from the attack of State and non-State actors. Finally, I will selectively review several books and articles with annotations which I believe will provide great starting points for contemporary land grabbing research.