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In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.
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Vietnamese Evangelicals and Pentecostalism

The Politics of Divine Intervention

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Vince Le

This book offers an analysis of the historical, theological, and social conditions that give rise to the growth of pentecostalism among contemporary Vietnamese evangelicals. Emerging from the analysis is an understanding of how underprivileged evangelicals have utilized the pentecostal emphasis on divine intervention in their pursuit of the betterment of life amid religious and ethnic marginalization. Within the context of the global growth of pentecostalism, Vietnamese Evangelicals and Pentecostalism shows how people at the grassroots marry the deeply local-based meaning dictated by the particularity of living context and the profoundly universal truth claims made by a religion aspiring to reach all four corners of the earth to enhance life.
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Regaining Paradise Lost: Indigenous Land Rights and Tourism

Using the UNGPs on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry

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Mary Kristerie A. Baleva

Mary Kristerie A. Baleva’s M Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community’s 15-year struggle for recognition of their ancestral domains in Boracay Island, the region’s premiere beach destination.
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Nguyen Manh Dzung and Nguyen Thi Thu Trang

Integration into the global market brings both challenges and opportunities for the Vietnamese legal system. As investment dispute prevention and settlement has not received much attention from the Vietnamese government, Vietnam experienced difficulties in dispute resolution when faced with investment claims. The reluctance to recognise and enforce foreign arbitral awards in Vietnam to protect local parties has resulted in a number of commercial disputes escalating into investment treaty claims. These experiences have, however, allowed Vietnam to identify defects in its legal framework, human resources and governance, and prompted the government to take measures to reduce the risk of being sued by foreign investors. Even though the effectiveness of these measures has not yet been proven, investment disputes have brought opportunities as well as challenges for Vietnam.

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Anselmo Reyes

Recent trends in Philippine growth and fdi reveal only modest achievements, when compared with other asean countries, and little impact on income inequality. These outcomes are attributed to the policy of economic nationalism in the Philippines’ constitutional and legislative framework for fdi, whereby government reserves ‘strategic’ fields to Filipinos, while foreigners face hurdles in making investments. The account doubts whether foreign nationals can safeguard investments by recourse to Philippine bits as those reinforce economic nationalism by requiring fdi to comply with Philippine law. Poulsen’s observation that developing countries entered into bits oblivious of the risks does not seem applicable to the Philippines, which has deftly used bits to advance economic nationalism. Litigation before domestic courts is not an alternative for protecting investor rights, but international commercial arbitration may become so in due course. The account concludes with proposals for future policy.

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Sufian Jusoh, Muhammad Faliq Abd Razak and Mohamad Azim Mazlan

Malaysia is an important destination for foreign direct investment and has signed more than 70 investment guarantee agreements. Most allow investor-state dispute settlement (isds) and Malaysia has been subject to three claims, including two fully argued cases: Philippe Gruslin and Malaysian Historical Salvor. Yet Malaysian companies have also utilised isds provisions: in mtd Equity Bhd v Chile, Telekom Malaysia v Ghana, and Ekran Berhad v China (the first-ever isds claim against China). These cases provide lessons for Malaysia in becoming better prepared to negotiate newer generations of investment treaties, and to defend further potential cases. Malaysia has not reacted negatively to investment treaties despite the cases filed against the country. In fact, in light of its evolving interests Malaysia has become more of a rule-maker in international investment law rather than a rule-taker. Malaysia thereby continues to liberalise its investment regime and provide better transparency – the best defence against claims.