MJIEL Vol 8 Issue 1 2011 - Article 4

Abstract: Traditionally the matter of land ownership, in particular the right to acquire, has been regarded as a matter of domestic law. International law scholars have seldom touched upon this issue. This paper offers an account of the international law relating to the treatment of aliens’ land ownership, from the perspective of international economic agreements. It evaluates how measures on land ownership are regulated at the levels of multilateral, plurilateral and bilateral integration, in terms of the effectiveness of the measures in facilitating trade and investment, and the implications of measures with different trade values for further treaty negotiations. Based upon these multilateral and regional arguments, it provides an analysis by linking these commitments with the national policy objectives which motivate the commitments, primarily political, economic and national security concerns. This paper seeks any possibilities to modify or eliminate restrictions in the negotiating process that may help to produce more meaningful results than are contained in the existing offers.

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