Journal of Maritime Law and Commerce最新文献_第2页

Land Laws and Foreign Direct Investment in Myanmar: Why American Investors Need to Reconsider the Customary Rights of Smallholder Farmers 土地法与缅甸的外国直接投资:为什么美国投资者需要重新考虑小农的习惯权利

Q2 Social Sciences

Journal of Maritime Law and Commerce

Pub Date : 2022-12-15 DOI: 10.5195/jlc.2022.241

Alvin Hoi-Chun Hung

This article looks into the issue of the government’s usage of land laws to release land from the smallholder farmers in Myanmar, which is considered not just a matter of striking a delicate balance between an individual’s customary rights of land tenure versus the need for more efficient land redistribution to sustain the country's economic development, but also about how social stability of the rural villages in Myanmar are uprooted when the agricultural livelihood and homes of those smallholder farmers are taken away by the government’s new land policies, and how cultivation flexibility and labor employment of small-scale agriculture have been sacrificed for the introduction of large-scale farming. Given the ample investment opportunities available at both ends of the supply chain in Myanmar, American investors have to be aware of the need to sustain their corporate social responsibilities by avoiding unnecessary suffering being done to smallholder farmers in Myanmar when their lands have been confiscated to accommodate the spatial needs of foreign direct investment (FDI). This article provides recommendations to help American investors maintain their ethical stance and reputation when operating their cross-border businesses in Myanmar.

本文探讨了缅甸政府利用土地法从小农手中释放土地的问题，这不仅仅是一个在个人土地使用权的习惯权利与更有效的土地再分配以维持国家经济发展的需要之间取得微妙平衡的问题。同时也讲述了当政府的新土地政策夺走了小农的农业生计和家园时，缅甸农村的社会稳定是如何被连根拔起的，以及小规模农业的种植灵活性和劳动力就业是如何为大规模农业的引入而牺牲的。鉴于缅甸供应链两端都有充足的投资机会，美国投资者必须意识到维持企业社会责任的必要性，避免在缅甸小农的土地被没收以适应外国直接投资(FDI)的空间需求时给他们带来不必要的痛苦。本文提供了一些建议，以帮助美国投资者在缅甸经营跨境业务时保持道德立场和声誉。

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