The Scottish Parliament,Regulation and Land Use Planning

Constitutional reforms are taking place in Scotland, Wales and Northern Ireland. These offer the opportunity to bring about a more effective policy framework for a range of policy areas including land use planning. In Scotland, the introduction of the Scottish Parliament in 1999 could allow the improvement of spatial planning policy and practice in a variety of ways, including bringing a more strategic approach at regional level, introducing a national plan and ensuring greater links with innovative community planning exercises. Such improvements could ensure a more sustainable environment as well as a more inclusive society and could offer lessons for similar practice in other contexts.     

The Changing Regime: Forest Property and Reformasi in Indonesia

This article explores the dominant explanations of the failure of forest management in Indonesia within the public discourse of the late New Order period. Drawing on a review of salient literature and relevant case studies, the major part of the article discusses the underlying historical, institutional and political causes of the failure of the state property regime. By taking a narrow view of the issues, public discourse during the New Order (1966–98) avoided discussion of the structure of property relations and the power relations that supported them. However, the forest fires of 1997–8 and the ensuing ecological crisis have revealed that the forest policy that allocated property rights over vast areas of the nation’s forests to well-connected conglomerates and politico-business families was inequitable and lacked legitimacy. While new legislative initiatives open up possibilities for co-management, the reforms so far barely engage with the underlying structure of property rights. These issues will need to be more thoroughly addressed if Indonesia is to tackle the bitter legacy of the Suharto period.     

Rule of Law Expedited: Land Title Reform and Justice in Burma (Myanmar)

Abstract

The development of rule of law is touted as one of the most important considerations in Burma (Myanmar) today, yet its meaning is highly contested after fifty years of military rule. This paper will examine how the rule of law in Burma’s transitional political environment has been influenced by the legacies of military rule and the government’s development policies since 2011. A series of laws introduced by the Thein Sein government under the rubric of rule of law and good governance had a significant impact upon small hold farmers across the country. While some laws specifically related to farmers and their land, others encouraged private investment in the land used by farmers. The combined effect of these laws was to formalise the pattern of land grabbing that had developed under the previous government and to encourage land speculation. Moreover, they show how an expedited procedural rule of law incited conflict and further injustice. Any progress towards substantive justice and a more democratic rule of law must keep pace with improvements in the country’s limited administrative and judicial capacities. Whether, and how far, Burma can develop and move beyond a thin or procedural rule of law will be tested as the country experiences life under the NLD government.