Foreword
As the world's population grows there are increasing and competing pressures being placed on land and resources worldwide. Within states, these pressures are increasingly leading to conflicts between different national groups over land and associated resources. Despite occurring within the boundaries of particular nations, more and more such conflicts are becoming internationalised, even while the disputed land and natural resources remain essentially the property of the State in which they are located. This situation is nowhere better illustrated than in Southeast Asia. As global interdependence grows, appeals to international law to resolve conflicts at various levels are increasing. International laws and procedures are correspondingly developing to meet the increasing calls made upon them. However, many states are still reluctant to utilise either international law or international procedures in the resolution of conflict, typically because they wish to avoid outside interference in internal affairs. This concern is voiced frequently by Southeast Asian governments, particularly in respect of conflicts over land and resource use and tenure. This book examines a representative range of conflicts over land and resources in Southeast Asia, and standards and laws that the international community has devised which could be relevant to their resolution, with particular emphasis on human rights and environmental laws. This discussion reveals that even a conflict between villages has several levels of context (ethnic, national, regional and global) which may be relevant, and where the utilisation of international law may assist in resolution. The book describes and analyses several case studies of conflicts over land and resource tenure and management in Southeast Asia. These show that such conflicts occur at a variety of levels within a regional and global context that has a range of legal, political and economic dimensions. In all cases, an international dimension is apparent which encompasses standards relevant to resolution of the dispute. However, the study also illustrates how international law, which develops in response to perceived needs, is not yet sufficient to address all of the issues which arise in such situations. The international law in the areas of human rights and the environment need significant further development if they are to be of real benefit to the resolution of such conflicts. It is hoped that this book will contribute to both the development of these laws and compliance with them by states, and thereby help to prevent and resolve conflicts over land and resources at the national level.
About The Book
Land Conflicts in Southeast Asia: Indigenous Peoples, Environment and International Law deals with the competing pressures being placed on land and resources worldwide as the world's population grows. Within states, these pressures are increasingly leading to conflicts over land and associated resources and these conflicts are increasingly becoming internationalised. This situation is nowhere better illustrated than in Southeast Asia. This book brings together a wide range of both academic and practical expertise. It examines and analyses a range of conflicts over land and resources in Southeast Asia and makes recommendations for their resolution. The case studies discuss situations in Indonesia, Malaysia, the Philippines and Thailand. They address development due to industrialisation, mining, logging and tourism. They cover different groups of peoples directly affected by such development. These include indigenous and tribal peoples, other forest dwellers, peasant farmers, villagers, those who are encroaching on forest lands and those whose lands are being encroached upon. The book then focuses on the intenational legal and political frame-work which applies to the various conflicts described. Importantly, it examines international standards and laws, particularly human rights and environmental laws. Finally, the editors make helpful suggestions for the prevention and resolution of such conflicts at both the national and international level. This requires a range of strategies pursued at different levels, espe-cially if we are to attain a sustainable future for not only Southeast Asia but also the planet as a whole.
About The Author
Malcolm Hollick, PhD, is a Senior Lecturer in the Department of Environmental Engineering, Centre for Water Research, The University of Western Australia. He has diverse interests and has contributed to several fields besides peace studies. These include water harvesting, environmental impact assessment, environmental law, project evaluation, water resource policy and management, and the integration of land and water management. Malcolm coordinated the interdisciplinary proposal for the establishment of the Indian Ocean Centre for Peace Studies, and served on its Advisory Committee until the Centre closed in 1995. He also coordinated the Centre's program on conflict over land and environmental resources on which this book is based. His current interest may best be described as sustainable development in all its dimensions: environmental conservation, peace, third world development, and social breakdown.
Catherine Iorns Magallanes (BA (Hons), Well.; LLM, Yale; JSD Candidate, Yale) is a Senior Lecturer in Law at Waikato University, Hamilton, New Zealand. She currently teaches indigenous peoples' rights in international and comparative law. She has also taught Aboriginal Legal Issues and Public International Law courses at Murdoch University, Western Australia. Her current research interests are on indigenous peoples' rights in international and comparative law, including her doctoral dissertation on international rights of indigenous peoples to national political representation. Her past publications include the international law article "Indigenous Peoples and Self-Determination: Challenging State Sovereignty".
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