Amnon Lehavi


Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the forces of "globalization," we must come to terms with the particularly difficult institutional and jurisprudential constraints involved in moving away from the traditional local basis of land laws. Thus, in order to systematically succeed in intensifying cross-border land law rules, global and national actors need to construct more comprehensive supranational institutions, prevent normative over-fragmentation within each legal system, and pay close attention to localized interplays between law, politics, economics, and culture.