Keio Institute for Global Law and Development

Common Topic for Summer Seminar 201913 September 2019, at Hanoi Law University
Hiroshi Matsuo, Professor, Director of KEIGLAD
Program for Asian Global Legal Professions (PAGLEP)
http://keiglad.keio.ac.jp/en/paglep/(Ver.1, 8 July 2019)1

Keio Institute for Global Law and Development

Common Topic
Takings of land for the Public Project
and Protection of the Rights of People2Keio Institute for Global Law and Development[Case] A, the Road Agency, made a plan to construct a highway of thirty kilometers which
will connect City P and City Q. It is expected to improve the transportation between thosecities and promote the production of industries in them.
B owns a piece of land (300 m2), on which he owns a three-story house. B lives there withhis wife and a child. One room of the house is lent to M with the rent of USD 1000 per
month. B’s land is located within the project area of the highway.
C owns a piece of land (1000 m2) on which 10 possessors without title (N1 to N10) live forten years. C’s land is located within the project area of the highway.
D1 to D10 (ten people) are a group of indigenous people who own their land and houses
which are located very close to the project area of the highway. There is a small mountainnear their houses. It is the sacred mountain for them and the important object of theirtraditional and original belief. They pray every day by facing the direction of the mountain.
The mountain is owned by the local community E where D1 to D10 live. A negotiated with E
and acquired the mountain, because it is within the project area of the highway. A will cut
down the mountain and open a tunnel through the mountain for the construction of thehighway. However, it will change the sacred figure of the mountain for D1 to D10.
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B (Owns 300m2M

Keio Institute for Global Law and Development

land and house )Lent a house
1000 USD/month
City Q

C (Owns 1000m2 land)

N1~N103mk
0

Haw
igh

onitcurstnocy

ALocal Community(Owns the mountain)

Possessors

D1~D10City P

Indigenous people

Road Agency

Keio Institute for Global Law and Development[Question 1] A asked B to sell B’s land and B agreed with A. What compensation shall bemade to B? How about the compensation to M?
[Question 2] A asked C to sell C’s land and C agreed with A. However, N1 to N10 refuse tovacate C’s land. What compensation shall be made to C? What measure can A take topromote the project against N1 to N10? Does A need to make any compensation to N1 toN10 when A will vacate them from C’s land?
[Question 3] D1 to D10 would not agree with A to cut down the mountain and open a tunnel
through it. What claim can they make against A to stop the change of the mountain? Whatmeasure can A take to promote the project against the opposition movement by D1 to D10?
Does A need to make any compensation to D1 to D10 when A will promote the project?

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Discussion Points
Keio Institute for Global Law and Development[Question 1]
How to calculate the amount of compensation for B’s land?
How to calculate the amount of compensation for B’s house?
Is it necessary to make any compensation for M? If it is, how to calculate the amount ofcompensation for the interest of the tenant M?

[Question 2]
How to calculate the amount of compensation for C’s land?
Is it necessary to make any compensation for N1 to N10? If it is, how to make the compensation
for the interest of the possessors without title?
[Question 3]
What kind of right do D1 to D10 have to the mountain?
What kind of process do A need to follow for the promotion of the project which would affectthe interests of the indigenous people?
Is it necessary to make any compensation for D1 to D10? If it is, how to make the6compensation for the interest of the indigenous people?

Reference:
Kayano et al. v. Hokkaido Expropriation Committee,
The Nibutani Dam Decision, issued on March 27, 1997
1598 Hanrei Jiho 33; 938 Hanrei Times 75
Translated by Mark A. Levin,
38 International Legal Material 397, 1999

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Keio Institute for Global Law and Development

Presentation Guide• Presenters: 7 groups (Hanoi, Ho Chi Minh City, Cambodia,Laos, Thailand, Myanmar and Japan)• Time Schedule (TBT)
9:00~11:00 (4 group presentation)
12:30~14:00(3 group presentation)
14:00~16:00 (Discussion)• Length of Presentation: Should not over 30 minutes
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Keio Institute for Global Law and Development

Presentation Guide• Style and Content
Prepare one presentation from each university.
Present how Q1-Q3 are solved by applying your country law.

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