Land Law in the Age of Globalization and Land Grabbing

Comparative Property Law: Global Perspectives, M. Graziadei & L. Smith eds. (Edward Elgar Publishing, 2017), 290-310.

21 Pages Posted: 8 Jan 2015 Last revised: 6 Feb 2017

See all articles by Amnon Lehavi

Amnon Lehavi

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law

Date Written: January 27, 2017

Abstract

Is land becoming a global commodity? Who are the actors shaping such a cross-border market for real estate and who remains excluded from participating in it? Which types of interrelations do local and supranational legal systems have in ordering property rights and other legal interests in what is otherwise considered the quintessential location-fixed asset? How are law, economics, politics, and culture likely to interact in the context of land in an age of increasing globalization?

This chapter underscores the tension between the conceptual oddity and practical significance of cross-border effects of land law, and shows how the scope and nature of such extraterritorial implications have changed significantly over the past few decades in view of certain political, economic, and social processes. This turn of events constantly puts pressure on national legal systems that had traditionally viewed this field as literally embodying the law of the land. At the same time, current market trends toward globalization are far from resulting in clear-cut convergence among legal systems or in a shift of the mainstay of legal ordering to the supranational realm. This chapter analyzes the inherent dilemmas and challenges that land law faces in adequately addressing the changing landscape of real estate in the age of globalization.

Keywords: agriculture, European Union, globalization, human rights, investment, international law, land grab, land law, markets, property, real estate, tribal land

JEL Classification: F6, K11, O2, Q1

Suggested Citation

Lehavi, Amnon, Land Law in the Age of Globalization and Land Grabbing (January 27, 2017). Comparative Property Law: Global Perspectives, M. Graziadei & L. Smith eds. (Edward Elgar Publishing, 2017), 290-310.. Available at SSRN: https://ssrn.com/abstract=2545844

Amnon Lehavi (Contact Author)

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel
972 9 9602765 (Phone)
972 9 9568605 (Fax)

HOME PAGE: http://www.idc.ac.il

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