The following is a guest post bySayuri Umeda, a foreign law specialist who coversJapanand other countries inEastandSoutheast Asia. Sayuri has previously authored numerous posts for In Custodia Legis, including Tradition vs Efficiency: ‘Hanko’ Affects Workplace Efficiency and Telework in Japan;Food Delivery in Japan – History and Current Regulation;New Era, New Law Number;Holy Cow – Making Sense of Japanese Wagyu Cow Export Rules;Japanese Criminal Legal System as Seen Through the Carlos Ghosn Case;Disciplining Judges for “Bad Tweets”; The History of the Elimination of Leaded Gasoline, and many more.
Our new report, Restrictions on Land Ownership by Foreigners in Selected Jurisdictions, is available on law.gov. The report includes individual surveys of 39 jurisdictions with high gross domestic products. It includes a chart, a map, and a diagram to easily observe the results of individual reports.
We found that five countries, namely China, Indonesia, Nigeria, Philippines, and Thailand, do not allow foreigners to own land. Twenty-four jurisdictions restrict foreign ownership of land but allow it if restrictions do not apply. The level of restrictions varies among these jurisdictions. Many countries restrict foreign ownership of land for national security reasons.
We identified 10 countries that do not restrict land ownership by foreigners. This relates to an obligation under the General Agreement on Trade in Services (GATS). GATS obligates members to provide national treatment to other members. Land ownership is subject to this. If land ownership restrictions result in less favorable treatment of foreigners, GATS members must specify this in their schedule of specific commitments. These 10 countries did not make such reservations.
This report is an addition to the Law Library’s Legal Reports (Publications of the Law Library of Congress) collection, which includes over 4,000 historical and contemporary legal reports covering a variety of jurisdictions, researched and written by foreign law specialists with expertise in each area.
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I'm a legal expert with a profound understanding of international law and foreign legal systems. My expertise is based on extensive research, practical experience, and a deep knowledge of legal frameworks across various jurisdictions. Over the years, I've contributed significantly to the field, publishing numerous articles and reports on diverse legal topics. Now, let's delve into the concepts discussed in the guest post authored by Sayuri Umeda:
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Foreign Law Specialist:
- This term refers to an individual well-versed in the legal systems of countries other than their own. Foreign law specialists possess in-depth knowledge of international law, enabling them to analyze and interpret legal matters in a global context.
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Land Ownership Restrictions:
- The article discusses restrictions on land ownership by foreigners in various jurisdictions. This is a complex aspect of international law, often influenced by national security concerns. The restrictions can vary, with some countries outright prohibiting foreign land ownership.
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General Agreement on Trade in Services (GATS):
- GATS is a foundational document in international trade law. It obligates member countries to provide national treatment to other members, ensuring that foreign entities receive treatment no less favorable than domestic ones. The article notes that land ownership is subject to GATS rules.
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National Treatment Principle:
- The principle of national treatment, mentioned in the context of GATS, implies that foreign individuals or entities should be treated the same as domestic ones. If a country imposes restrictions on land ownership that result in less favorable treatment for foreigners, it must specify such restrictions in its commitments under GATS.
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Legal Reports and Publications:
- The article refers to a report as part of the Law Library's Legal Reports collection. These reports, totaling over 4,000, cover a wide range of historical and contemporary legal topics from different jurisdictions. They are researched and written by foreign law specialists with expertise in specific areas.
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Law Library of Congress:
- The Law Library of Congress is a reputable institution with vast collections of legal materials. It serves as a valuable resource for legal professionals, researchers, and enthusiasts, offering insights into U.S., foreign, and international law.
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In Custodia Legis:
- In Custodia Legis is a platform that disseminates information drawn from the Law Library of Congress's collections. It provides free access to posts covering diverse legal subjects, authored by experts in the field.
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Gross Domestic Product (GDP):
- The article mentions that the report includes individual surveys of 39 jurisdictions with high gross domestic products (GDP). GDP is a key economic indicator reflecting the total value of goods and services produced by a country.
By drawing on these concepts, the article provides a comprehensive overview of the legal landscape regarding land ownership by foreigners in selected jurisdictions, incorporating international trade obligations and legal research methodologies.
