Open Access
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.

The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.
Restricted Access

The Right to Development and Sustainable Development

The Perspective of the 2030 Agenda for Sustainable Development

Series:

In The Right to Development and Sustainable Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development.
Instead of excessive emphasis on the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among economy, environment and society.
Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, Local knowledge in South Africa and practice model in Peru on the implementation of the right to development, and put forward the idea of building a version of human rights criterion in the South.
Restricted Access
This series focuses on environmental and sustainable development in Southeast Asia and the wider Asia-Pacific region, where many scientific, governance, and societal questions emerge at the local, national, regional and global levels. Such questions call for research and publications with theoretical perspectives, as well as studies that provide rich empirical and comparative analysis originated from the region.

The volumes will explore the political ecology in the context of local, regional and global governance, either dealing with the interaction between global agreements and their implementation and the roles that multi-level institutions play in the decision-making process, or the engagement and impact of societal stakeholders, including NGOs, civil society organizations, and citizens, which are critical to the success of long-term sustainable development, thus very relevant to this series.

The series welcomes contributions from the social sciences, including political science, economics, geography, sociology, anthropology, development studies and law, as well as inter-disciplinary work with the natural sciences.

For more information concerning the series and the manuscript submission process, please contact series editor Ronald Holzhacker at r.l.holzhacker@rug.nl or Brill acquisitions editor Chunyan Shu at shu@brill.com.
Restricted Access
This collection of articles selected from Blue Book of Chinese Education 2015, published in Chinese, reviews the condition of China’s education development in 2014. The wide range of topics covered in this volume fall under two major themes: reform and equity. Chapters on reform focus on the college entrance exam (“ Gaokao”), secondary vocational education, senior high school education, provincially and locally-funded colleges, private universities and junior high school admissions policies. Chapters in the second half of the book provide readers with an in-depth account of efforts made to improve equity in special and early childhood education, study-abroad preparation classes, and rural education. The appendix includes a report of budgetary expenditure on education and chronology of major events.
Restricted Access

Various Authors & Editors

Brill's Companions to Asian Studies Online is an expanding e-book collection of specially commissioned research companions to various key aspects of Asian history, culture and religion. Almost all volumes are published in Brill’s prestigious series Handbook of Oriental Studies (HdO). Peer reviewed and written by experts, they offer balanced accounts at an advanced level, along with an overview of the state of scholarship and a synthesis of debate, pointing the way for future research. Designed for students and scholars, the books explain what sources there are, what methodologies and approaches are appropriate in dealing with them, what issues arise and how they have been treated, and what room there is for disagreement. All volumes are in English.

“In the fast-paced world of the twenty-first century the impressive and expanding list of titles in Brill's Companions to Asian Studies Online answers the need for students and researchers to gain immediate access to high-quality academic work. Overviewing the current state of research on a range of topics while opening up pathways for future inquiry, this e-book collection represents an invaluable reference tool and a unique contribution to the field of Asian Studies.”
Barbara Watson Andaya, University of Hawai‘i
Leonard Y. Andaya, University of Hawai‘i
Restricted Access

Timothy Lubin

Abstract

This article reviews the main scholastic norms relevant to property and land rights in ancient and medieval India, and then surveys a range of inscriptions that illustrate the contours of land law in practice. The evidence suggests that India developed a sophisticated concept of landed property from earliest history, with conceptual tools and legal instruments to define the rights of owners vis-à-vis rulers, rival claimants, and holders of subordinate interests (such as tenants, cultivators, mortgagees, etc.). It further shows that although earlier inscriptions deployed those tools and instruments in a narrow range of transfers between rulers and Brahmins or other religious groups, subsequent periods provide evidence of an increasingly wider application, including gifts by non-elite donors, ordinary contractual land transfers, and resolution of property disputes. In some cases, the implication seems to be that the legal framework was more widespread in practice but generated durable records (in metal or stone) only for elite actors; in many cases, it seems likely that elite legal resources became more widely available over time. This survey also notes how documents bring to the fore aspects of property law—the role of councils and arbitrators in administering the law (rather than the king or his officers), or the use of documents to carve out special rights—that are less prominent in scholastic treatments such as Dharmaśāstra.

Restricted Access

Bhavani Raman

Abstract

From the late eighteenth century struggles over untitled and unassessed land in Madras became completely entangled with the East India Company’s efforts to craft its sovereign powers. These lands could not be leached of their social meanings and use and instead, competing ideas of ownership incarnated sovereignty as eviction and the Company as a pre-eminent land developer.

Restricted Access

Sudev Sheth

Abstract

The meaning of land revenue farming in Indian history has eluded consensus. Some view it as an administrative aberration indicating weak state control, while others see it as a strategy for consolidating authority. This essay traces the historical development of iqṭāʻ and ijārah, two Perso-Arabic terms frequently translated from the sources as ‘revenue farming estate’. I then suggest that existing perspectives do not capture the broader structure and significance of various entitlements to land revenue. Instead, I suggest that entitlements be schematized according to how regularized the right was, whether it was permanent, and how duty-bound the right holder was. In this formulation, revenue farm refers to a complex of rights and duties secured by contract in which a sovereign transferred the temporary exploitation of a holding for rent in advance. It was one of four tenurial complexes under which entitlements fell, the others being estates from bureaucratic assignment, hereditary occupation or possession by grant/gift, and tributary or chieftaincy.

Restricted Access

Faisal Chaudhry

Abstract

The introductory essay to this special double issue on “Repossessing Property in South Asia: Land, Rights and Law Across the Early Modern/Modern Divide” reviews existing historical scholarship on land control and proprietary right in the Indian subcontinent in order to contextualize the contribution made by the articles that follow. Dividing earlier writings—by historians and anthropologists since the 1950s—into three phases/thematics, the introduction shows how work on South Asia has long grappled with property both as a material relation and as an alien cultural category. Making the case that we must think about property’s conceptual history as being necessitated by more than just the critique of Eurocentrism, the essay clarifies how the articles that follow both continue and extend past discussion. Overall, it argues that by providing integrated perspectives on property’s material and ideational dimensions, our articles will be illuminating both to scholars of Afro-Asia and those interested in law, political economy and political culture more generally.

Restricted Access

Farhat Hasan

Abstract

Critiquing the commodity-centered frames of reference, this paper looks at property not within an economic logic, but as a set of practices that served to structure and reconfigure social relations. Based on a study of property documents and court papers, the essay argues that property was not simply an index of wealth, but a medium through which social relations were affirmed, reproduced and contested. Owing to the identification of property with the honor of families and caste groups, transactions in property were socially regulated activities that bore the imprint of local power relations. Property documents were imbued with a plethora of meanings, and this was because the scribal-literate tradition in Mughal India co-existed with an oral-performative culture. Writing was used by social actors in a wide variety of ways, and for different sets of objectives, sometimes to reinforce the social order, on other occasions to disrupt it.