4 THE PHILIPPINES’ UNDERPERFORMANCE IN COMPARATIVE PERSPECTIVE: PAST DIVERGENCE … FUTURE CONVERGENCE?

2019 ◽  
Vol 42 (3) ◽  
Author(s):  
Daniel Fitzpatrick ◽  
Caroline Compton ◽  
Joseph Foukona

Australian lawyers often extol the virtues of the Torrens system as a means to secure property in land. Yet, the comparative evidence of benefits is mixed and context-dependent, particularly in terms of the nature, provenance and capacity of the state. This article analyses ways in which positivist land laws, including Torrens systems of title by registration, create legal understandings of property that are tied closely to projections or assumptions of state territorial authority. The intertwining of property and sovereignty constructs allodial conceptions of property based on possession or custom as subordinate, if not illegal, simply because they exist in social orders that lie beyond the administrative systems of the state. As a result, there is a chronic fragmentation of legal and social understandings of property in areas of the world with Torrens law and large numbers of informal settlements. The case studies include the Philippines and the Solomon Islands.


Author(s):  
Geoffrey Robinson

The second half of the twentieth century was marked by the phenomenon of state-sponsored violence against secessionist rebellions. That was certainly true in Asia in newly independent states, including India, Sri Lanka, Pakistan, Burma, Thailand, Indonesia, and the Philippines, which all sought to quell one or more armed movements for autonomy or independence by resorting to violence. This article examines, from a comparative perspective, four instances of such violence. Focusing on East Pakistan, the Karen areas of Burma, West Papua in Indonesia, and East Timor, it begins with an empirical account of each case, examining the origins and dynamics of the violence, the perpetrators, and the victims.


2002 ◽  
Vol 17 (S2) ◽  
pp. S27
Author(s):  
Teodoro Javier Herbosa

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