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

Law and Society Review, Volume 45, No. 2, pp. 241-275, 2011

36 Pages Posted: 13 Mar 2012 Last revised: 27 May 2012

John Gillespie

Monash University - Department of Business Law & Taxation; Monash University

Date Written: January 1, 2011

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.

Keywords: Property rights, court reform, socialist Asia, Vietnam, China

Suggested Citation

Gillespie, John, Exploring the Limits of the Judicialization of Urban Land Disputes in Vietnam (January 1, 2011). Law and Society Review, Volume 45, No. 2, pp. 241-275, 2011. Available at SSRN: https://ssrn.com/abstract=2020095

John S. Gillespie (Contact Author)

Monash University - Department of Business Law & Taxation ( email )

Caulfield Campus
26 Sir John Monash Drive
Caulfield East, Victoria 3084
Australia

Monash University ( email )

Wellington Road
Victoria, Roodepoort 3145
Australia

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