Title: Land disputes and the ongoing development of the substantive rule of law in Myanmar (Burma)

Authors: Nathan Willis

Addresses: School of Law and Justice, Southern Cross University, P.O. Box 157, Lismore, NSW, 2480, Australia

Abstract: The Myanmar Parliament has passed the Farmland Law and the Vacant, Fallow, and Virgin Lands Management Law. Both pieces of legislation form part of a legislative response as Myanmar (Burma) emerges from a sixty-year period of chronic armed conflict. Part 2 of this paper outlines the underlying grievances associated with land disputes with a focus upon Kayin (Karen) and Rakhine (Arakan) states. Part 3 critically analyses the relevant constitutional and legislative framework and the role of parliamentary bodies in light of these underlying grievances. Part 4 adopts a comparative stance and considers the approach taken in Kenya as it has sought to address similar issues. Finally, Part 5 reflects upon the role that constitutional and legislative reform in relation to land disputes plays in the ongoing development of the substantive rule of law in Myanmar (Burma).

Keywords: Myanmar; land disputes; constitutional reform; Farmland Law; substantive rule of law; Burma; land management; Kenya; legislative reform.

DOI: 10.1504/IJPLAP.2014.065208

International Journal of Public Law and Policy, 2014 Vol.4 No.4, pp.321 - 335

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 16 Oct 2014 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article