Property Rights And Sovereign Rights

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Property and Sovereignty

Author : James Charles Smith
Publisher : Routledge
ISBN 13 : 1317074688
Total Pages : 336 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Property and Sovereignty by : James Charles Smith

Download or read book Property and Sovereignty written by James Charles Smith and published by Routledge. This book was released on 2016-04-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

The Meaning of Property

Author : Jedediah Purdy
Publisher : Yale University Press
ISBN 13 : 0300156162
Total Pages : 240 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Meaning of Property by : Jedediah Purdy

Download or read book The Meaning of Property written by Jedediah Purdy and published by Yale University Press. This book was released on 2010-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.

The Sovereignty of Human Rights

Author : Patrick Macklem
Publisher : Oxford University Press
ISBN 13 : 0190267321
Total Pages : 200 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Sovereignty of Human Rights by : Patrick Macklem

Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

The Politics of Oil

Author : Dag Harald Claes
Publisher :
ISBN 13 : 9781785360176
Total Pages : 0 pages
Book Rating : 4.3/5 (61 download)

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Book Synopsis The Politics of Oil by : Dag Harald Claes

Download or read book The Politics of Oil written by Dag Harald Claes and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Oil brings together legal studies, economics, and political science to illustrate how governments gain and exercise control over oil resources and how political actors influence the global oil market, both individually and in cooperation with each other. The author also investigates the role of oil in preserving regime stability, in civil wars and in inter-state conflicts, as well as discussing the possible implications for the oil industry from policies to combat climate change.

The Right of Sovereignty

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191072044
Total Pages : 296 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Right of Sovereignty by : Daniel Lee

Download or read book The Right of Sovereignty written by Daniel Lee and published by Oxford University Press. This book was released on 2021-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 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 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.

Natural Resources Code

Author : Texas
Publisher :
ISBN 13 :
Total Pages : 924 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Natural Resources Code by : Texas

Download or read book Natural Resources Code written by Texas and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Permanent Sovereignty over Natural Resources

Author : Marc Bungenberg
Publisher : Springer
ISBN 13 : 3319157388
Total Pages : 234 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Permanent Sovereignty over Natural Resources by : Marc Bungenberg

Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Sovereign Debt and Human Rights

Author : Ilias Bantekas
Publisher : Oxford University Press, USA
ISBN 13 : 019881044X
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Sovereign Debt and Human Rights by : Ilias Bantekas

Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by Oxford University Press, USA. This book was released on 2019-01-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

Property

Author : Hanoch Dagan
Publisher : Oxford University Press
ISBN 13 : 0199876320
Total Pages : 352 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Property by : Hanoch Dagan

Download or read book Property written by Hanoch Dagan and published by Oxford University Press. This book was released on 2011-03-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one particular value, notably efficiency. Dagan argues that property can, and should, serve a pluralistic set of liberal values. These property values include not only autonomy and utility, which are emphasized by many contemporary scholars, but also labor, personhood, community, and distributive justice. Dagan claims that property law, at least at its best, tailors different configurations of entitlements to different property institutions, with each such institution designed to match the specific balance between property values best suited to its characteristic social setting. Dagan develops this theoretical account and applies it to key doctrinal contexts. In particular, he analyzes the normative underpinnings of the doctrines regulating the interactions between landowners and governments (both eminent domain and regulatory takings doctrines) and those regulating the governance of property owned by multiple owners (such as co-ownership, marital property, and the law of common interest communities).

Law and Economics of Possession

Author : Yun-chien Chang
Publisher : Cambridge University Press
ISBN 13 : 1316033384
Total Pages : 365 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Law and Economics of Possession by : Yun-chien Chang

Download or read book Law and Economics of Possession written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2015-05-21 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.

The Cornell Law Quarterly

Author :
Publisher :
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.:/5 (47 download)

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Book Synopsis The Cornell Law Quarterly by :

Download or read book The Cornell Law Quarterly written by and published by . This book was released on 1916 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

The Oxford Handbook of Hobbes

Author : A.P. Martinich
Publisher : Oxford University Press
ISBN 13 : 0190600578
Total Pages : 680 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Hobbes by : A.P. Martinich

Download or read book The Oxford Handbook of Hobbes written by A.P. Martinich and published by Oxford University Press. This book was released on 2016-03-07 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Hobbes collects twenty-six newly commissioned, original chapters on the philosophy of the English thinker Thomas Hobbes (1588-1679). Best known today for his important influence on political philosophy, Hobbes was in fact a wide and deep thinker on a diverse range of issues. The chapters included in this Oxford Handbook cover the full range of Hobbes's thought--his philosophy of logic and language; his view of physics and scientific method; his ethics, political philosophy, and philosophy of law; and his views of religion, history, and literature. Several of the chapters overlap in fruitful ways, so that the reader can see the richness and depth of Hobbes's thought from a variety of perspectives. The contributors are experts on Hobbes from many countries, whose home disciplines include philosophy, political science, history, and literature. A substantial introduction places Hobbes's work, and contemporary scholarship on Hobbes, in a broad context.

Stress Testing the Law of the Sea

Author : Stephen Minas
Publisher : BRILL
ISBN 13 : 9004352929
Total Pages : 377 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Stress Testing the Law of the Sea by : Stephen Minas

Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, leading UNCLOS practitioners and scholars examine key developments in dispute resolution and the impacts on ocean law of climate change, disasters and expanding energy exploration.

Property Theory

Author : James Penner
Publisher : Cambridge University Press
ISBN 13 : 110842242X
Total Pages : 253 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Property Theory by : James Penner

Download or read book Property Theory written by James Penner and published by Cambridge University Press. This book was released on 2018-08-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.