Human Rights And The Transformation Of Property

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Human Rights and the Transformation of Property

Author : Stuart Wilson
Publisher :
ISBN 13 : 9781485138228
Total Pages : 180 pages
Book Rating : 4.1/5 (382 download)

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Book Synopsis Human Rights and the Transformation of Property by : Stuart Wilson

Download or read book Human Rights and the Transformation of Property written by Stuart Wilson and published by . This book was released on 2021-06-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discusses how they interact. It shows how recent developments in the law of eviction, rental housing, mortgage and consumer credit have opened up new spaces in which unlawful occupiers, tenants and debtors are challenging the power of landlords and financial institutions to dispossess them. By triggering a radical restructuring of property law, Wilson argues, the Constitution may yet keep the promise of a South Africa that belongs to all who live in it. Human Rights and The Transformation of Property offers the most up-to-date critical account of recent developments in residential lease law, mortgage bond law and eviction law, and provides a policy rationale for these developments. It will be a valuable teaching text for law students and a reference guide for law and humanities academics, legal practitioners, NGOs and activists.

The Human Right to Property

Author : Theo R. G. van Banning
Publisher : Intersentia nv
ISBN 13 : 9050952038
Total Pages : 468 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis The Human Right to Property by : Theo R. G. van Banning

Download or read book The Human Right to Property written by Theo R. G. van Banning and published by Intersentia nv. This book was released on 2002 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 Framework for research

Property and Human Rights

Author : Florence Wagman Roisman
Publisher :
ISBN 13 : 9780890893524
Total Pages : 0 pages
Book Rating : 4.8/5 (935 download)

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Book Synopsis Property and Human Rights by : Florence Wagman Roisman

Download or read book Property and Human Rights written by Florence Wagman Roisman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains materials regarding intersections of property law with civil and human rights claims in the United States and internationally. The chapters cover The Nature of Property, The Development of Civil Rights Principles in the U.S., International Human Rights Law, and Human Rights in the U.S. Roisman addresses homelessness, expropriation, and discrimination on the bases of race, sex, sexual orientation, disability, and other characteristics. Among the recent cases presented are the U.S. Supreme Court's 2004 decision rejecting a claimed property interest in the recognition of a protective order, a South African case enforcing a right to housing, a 2003 Maryland decision assessing the need for just cause for eviction in Low Income Housing Tax Credit developments, a 2002 9th Circuit opinion regarding disability discrimination, and the Michigan Supreme Court decision overturning Poletown. A teacher's manual will detail suggested ways of presenting these materials in the property course.

Housing, Land and Property Rights

Author : Scott Leckie
Publisher :
ISBN 13 : 9781032468013
Total Pages : 0 pages
Book Rating : 4.4/5 (68 download)

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Book Synopsis Housing, Land and Property Rights by : Scott Leckie

Download or read book Housing, Land and Property Rights written by Scott Leckie and published by . This book was released on 2023-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author's suggestions for creating a new World Restitution Agency, expanding our understanding of the term 'internationally wrongful act' to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to re-distribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policy-makers working in the areas of International Human Rights Law, Housing, Land and Property issues, Humanitarian issues and Climate Change"--

The Transformation of Human Rights Fact-finding

Author : Philip Alston
Publisher : Oxford University Press
ISBN 13 : 0190239492
Total Pages : 577 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Transformation of Human Rights Fact-finding by : Philip Alston

Download or read book The Transformation of Human Rights Fact-finding written by Philip Alston and published by Oxford University Press. This book was released on 2016 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.

Property and Human Rights in a Global Context

Author : Ting Xu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901744
Total Pages : 319 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Property and Human Rights in a Global Context by : Ting Xu

Download or read book Property and Human Rights in a Global Context written by Ting Xu and published by Bloomsbury Publishing. This book was released on 2016-03-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range 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.

New Perspectives on Property Law

Author : Alastair Hudson
Publisher : Routledge Cavendish
ISBN 13 : 9781138159402
Total Pages : pages
Book Rating : 4.1/5 (594 download)

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Book Synopsis New Perspectives on Property Law by : Alastair Hudson

Download or read book New Perspectives on Property Law written by Alastair Hudson and published by Routledge Cavendish. This book was released on 2016-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts.

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Regulatory Property Rights

Author : Christine Godt
Publisher : BRILL
ISBN 13 : 9004313524
Total Pages : 259 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Regulatory Property Rights by : Christine Godt

Download or read book Regulatory Property Rights written by Christine Godt and published by BRILL. This book was released on 2016-11-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.

Taiwan and International Human Rights

Author : Jerome A. Cohen
Publisher : Springer
ISBN 13 : 9811303509
Total Pages : 706 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Taiwan and International Human Rights by : Jerome A. Cohen

Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Property in Question

Author : Caroline Humphrey
Publisher : Routledge
ISBN 13 : 1000182843
Total Pages : 320 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Property in Question by : Caroline Humphrey

Download or read book Property in Question written by Caroline Humphrey and published by Routledge. This book was released on 2020-06-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has it come about that indigenous cultures, body parts, and sequences of musical notes are considered property? How has the movement from collective to privatized systems affected notions of property? At what point in transaction chains do native cultures, indigenous medicines, or cyberdata become objects and therefore propertized, and what are the social, economic, and ethical considerations for such transformations? Addressing these hotly contested issues and many more, Property in Question interrogates the very concept of property and what is happening to it in the contemporary world, in case studies ranging from Romania to Kazakhstan, Africa to North America. The book examines not only the changing character of the property concept, but also its ideological foundations and political usages. Authors address bio-transactions, music copyright, cyberspace, oil prospecting, debates over privatization of land and factories, and dilemmas arising with new forms of ownership of businesses. Offering a fresh perspective on contemporary economic transformation, this volume is a long overdue investigation of the power of the private property concept, as well as an exploration of how the global economy may be subtly, even invisibly, changing what property means and how we relate to it.

Property Rights from Below

Author : Olivier De Schutter
Publisher : Routledge
ISBN 13 : 1317220021
Total Pages : 386 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Property Rights from Below by : Olivier De Schutter

Download or read book Property Rights from Below written by Olivier De Schutter and published by Routledge. This book was released on 2019-12-06 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

The Protection of Property Rights in Comparative Perspective

Author : Sabrina Praduroux
Publisher :
ISBN 13 : 9789089521330
Total Pages : 0 pages
Book Rating : 4.5/5 (213 download)

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Book Synopsis The Protection of Property Rights in Comparative Perspective by : Sabrina Praduroux

Download or read book The Protection of Property Rights in Comparative Perspective written by Sabrina Praduroux and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe. This approach explores the tensions between the European and the national level. This is done by highlighting the different understanding of the constitutional role of property within different legal cultures and legal orders. The interaction and dialogue between national law and supranational human rights law in the area of property law is therefore at the center of the work. The book concentrates on the emerging conflicts between fundamental rights, the horizontal effect, and the positive obligations of states in the area of property law, but also provides new insights on what the protection of property rights at the European level implicates for national legal orders. Investigating the constitutional dimension of private property, which currently appears to be particularly fragmented and complex due to the ever-increasing influence of European human rights law over national laws, the book thus contributes to a critical understanding of the dynamic of property law in Europe today. ** About the author: Sabrina Praduroux holds a PhD in Comparative Law from the University of Palermo and in May 2012 she was granted a PhD from the Faculty of Law of the University of Helsinki. Her experiences as a trainee at both the European Court of Human Rights and the European Agency for Fundamental Rights, as well as a period as Visiting Scholar at McGill University, were of considerable value in writing this book. Her main fields of interest concern European human rights law and private law, and much of her work is comparative and interdisciplinary. (Series: European Studies in Private Law - Vol. 6)

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

Author : Liviu Damşa
Publisher : Springer
ISBN 13 : 331948530X
Total Pages : 325 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by : Liviu Damşa

Download or read book The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe written by Liviu Damşa and published by Springer. This book was released on 2017-01-03 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Realizing Property Rights

Author : Hernando de Soto
Publisher : Wynkin Deworde
ISBN 13 : 9783907625255
Total Pages : 319 pages
Book Rating : 4.6/5 (252 download)

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Book Synopsis Realizing Property Rights by : Hernando de Soto

Download or read book Realizing Property Rights written by Hernando de Soto and published by Wynkin Deworde. This book was released on 2006 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Writing. Political Science. Hernando de Soto and Francis Cheneval have edited a collection of ground-breaking cases as part of the Swiss Human Rights Book series which deal with property rights as human rights. Topics include Resource Conflict in the Sudan, Land Reform in Zimbabwe, Rural Property in China, Land Rights for Rural Women, etc.

Property Rights and Human Rights

Author : Stephen Eric Barton
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (39 download)

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Book Synopsis Property Rights and Human Rights by : Stephen Eric Barton

Download or read book Property Rights and Human Rights written by Stephen Eric Barton and published by . This book was released on 1987 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights Transformation in Practice

Author : Tine Destrooper
Publisher : University of Pennsylvania Press
ISBN 13 : 0812295463
Total Pages : 293 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Human Rights Transformation in Practice by : Tine Destrooper

Download or read book Human Rights Transformation in Practice written by Tine Destrooper and published by University of Pennsylvania Press. This book was released on 2018-10-02 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally—and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities. In Human Rights Transformation in Practice, editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing. Contributors: Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.