International Adjudication of Land Disputes: For Development and Transnationalism
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Perry S. Bechky
Abstract
This short article offers two observations about international adjudication of land disputes. First, the article shows that such adjudication is intended to further development, but that this goal is served better, if counter-intuitively, by rejecting the so-called Salini contribution-to-development test in favor of case-by-case adjudication on the merits. Second, the article locates such adjudication within the modern trend toward transnationalism, a trend that unites international investment law with human rights law. In light of these observations, the article concludes that international adjudication of land disputes may contribute to such human values as development, human rights, and the rule of law.
Acknowledgment
I thank the organizers of the 2013 Law and Development Conference, particularly Yong-Shik Lee and Andreas Neef, for inviting me to participate, as well as Tom Antkowiak and David Faber for their helpful comments. All mistakes are my own.
©2014 Law and Development Review
Articles in the same Issue
- Frontmatter
- Editorial
- Law and Development Implications of Transnational Land Acquisitions: Introduction
- Articles
- The Law and Land Grabbing: Friend or Foe?
- Arab Acquisitions in Sub-Saharan Africa: Partners in Development?
- The Media Discourse of Land Grabbing and Resistance During Myanmar’s Legal Reformation: The Monywa Copper Mine
- International Adjudication of Land Disputes: For Development and Transnationalism
- Managing Foreign Investment in Agricultural Land in Africa: The Role of Bilateral Investment Treaties and International Investment Contracts
- Regulations of Large-Scale Acquisitions of Land: The Case of the Voluntary Guidelines on the Responsible Governance of Land, Fisheries and Forests
- Questioning the “Regulatory Approach” to Large-Scale Agricultural Land Transfers in Ethiopia: A Legal Pluralistic Perspective
- What Can Be Expected from International Frameworks to Regulate Large-Scale Land and Water Acquisitions in Sub-Saharan Africa?
Articles in the same Issue
- Frontmatter
- Editorial
- Law and Development Implications of Transnational Land Acquisitions: Introduction
- Articles
- The Law and Land Grabbing: Friend or Foe?
- Arab Acquisitions in Sub-Saharan Africa: Partners in Development?
- The Media Discourse of Land Grabbing and Resistance During Myanmar’s Legal Reformation: The Monywa Copper Mine
- International Adjudication of Land Disputes: For Development and Transnationalism
- Managing Foreign Investment in Agricultural Land in Africa: The Role of Bilateral Investment Treaties and International Investment Contracts
- Regulations of Large-Scale Acquisitions of Land: The Case of the Voluntary Guidelines on the Responsible Governance of Land, Fisheries and Forests
- Questioning the “Regulatory Approach” to Large-Scale Agricultural Land Transfers in Ethiopia: A Legal Pluralistic Perspective
- What Can Be Expected from International Frameworks to Regulate Large-Scale Land and Water Acquisitions in Sub-Saharan Africa?
