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

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 and Human Rights in a Global Context

Author : Ting Xu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901736
Total Pages : 352 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 352 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.

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: This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as 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.

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 2016-12-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation offers fresh impetus for rethinking modern property theory.

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

Author : Liviu Damşa
Publisher : Springer
ISBN 13 : 331948530X
Total Pages : 311 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 311 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.

The Rights Of Man Today

Author : Louis Henkin
Publisher : Routledge
ISBN 13 : 100030518X
Total Pages : 195 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Rights Of Man Today by : Louis Henkin

Download or read book The Rights Of Man Today written by Louis Henkin and published by Routledge. This book was released on 2019-09-30 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the evolution of the idea of human rights, the "universalization" of human rights as reflected in the spread of "constitutionalism" to almost all states. It focuses on the conditions that must exist if the rights of men and women are to be more secure in the future.

The Last Utopia

Author : Samuel Moyn
Publisher : Harvard University Press
ISBN 13 : 0674256522
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Last Utopia by : Samuel Moyn

Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

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 in Question

Author : Caroline Humphrey
Publisher : Routledge
ISBN 13 : 1000180603
Total Pages : 270 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 270 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.

The International Law of Property

Author : John G. Sprankling
Publisher : OUP Oxford
ISBN 13 : 0191502529
Total Pages : 400 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The International Law of Property by : John G. Sprankling

Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Women's Property Rights Under CEDAW

Author : José E. Alvarez
Publisher : Oxford University Press
ISBN 13 : 0197751873
Total Pages : 433 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis Women's Property Rights Under CEDAW by : José E. Alvarez

Download or read book Women's Property Rights Under CEDAW written by José E. Alvarez and published by Oxford University Press. This book was released on 2024 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Worlds of Human Rights

Author : Bill Derman
Publisher : BRILL
ISBN 13 : 9004250131
Total Pages : 352 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Worlds of Human Rights by : Bill Derman

Download or read book Worlds of Human Rights written by Bill Derman and published by BRILL. This book was released on 2013-04-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with contemporary African human rights struggles including land, property, gender equality and legal identity. Through ethnographic field studies it situates claims-making by groups and individuals that have been subject to injustices and abuses, often due to different forms of displacement, in specific geographical, historical and political contexts. Exploring local communities’ complexities and divided interests it addresses the ambiguities and tensions surrounding the processes whereby human rights have been incorporated into legislation, social and economic programs, legal advocacy, land reform, and humanitarian assistance. It shows how existing relations of inequality, domination and control are affected by the opportunities offered by emerging law and governance structures as a plurality of non-state actors enter what previously was considered the sole regulatory domain of the nation state.

Property and Freedom

Author : Richard Pipes
Publisher : Vintage
ISBN 13 : 0307427358
Total Pages : 346 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Property and Freedom by : Richard Pipes

Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2007-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.