Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law.
This collection starts the conversation between human rights lawyers and property lawyers an explores analytical approaches to the increasin relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and rage across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.
Introduction: Property and Human Rights in a Global Context
págs. 1-15
págs. 19-39
págs. 41-62
págs. 63-90
págs. 93-119
págs. 121-137
págs. 140-160
Filling the Institutional Void Between Fundamental Rights and the Legal Purchase of Goods: What Role for Consumocratic Law?
págs. 162-174
Development, Property and International Investment: The Double-edged Sword of Human Rights
págs. 175-195
págs. 197-221
Communal Property Rights in International Human Rights Instruments: Implications for De Facto Expropiation
págs. 225-246
Property Right to Rural Land in Ethiopia: A Human Rights Perspective
págs. 247-267
Customary Land Rights, Indigenous Rights and Land Expropiation in Cameroon: Ecosystem Services as a Possible New Approach in Valuing Compensation
págs. 269-290
© 2001-2024 Fundación Dialnet · Todos los derechos reservados