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Foreign Land Acquisitions In Madagascar: Competing Jurisdiction Of Access Claims

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Chapter Summary

This chapter examines the possibilities to regulate the agricultural investments in Madagascar within a context of competing jurisdictions asserting control over land. It aims to analyze how actors mobilise and interpret the lex fori and lex loci rules in order to negotiate land deals or react to them. The chapter discusses the conflicting directions of two dominant policies currently at work in relation to investment and land issues in Madagascar, one aiming to promote private investment, the other to secure local land rights. On the basis of the investors' land access strategies, it analyses the "social working of law" . It studies how officials, intermediaries, and stakeholders react to this legislation and why, in the end, local land rights are at risk. The chapter presents and explains why overt social reactions at the local level are few in number in contrast to the large protest against Daewoo.

Keywords: agricultural investments; Daewoo; land rights; Madagascar



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