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Author : Theo R. G. van Banning
Publisher : Intersentia nv
ISBN 13 : 9050952038
Total Pages : 468 pages
Book Rating : 4.0/5 (59 download)
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
Author : Florence Wagman Roisman
Publisher :
ISBN 13 : 9780890893524
Total Pages : 0 pages
Book Rating : 4.8/5 (935 download)
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.
Author : Stuart Wilson
Publisher :
ISBN 13 : 9781485138228
Total Pages : 180 pages
Book Rating : 4.1/5 (382 download)
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.
Author : Abdon Rwegasira
Publisher : African Books Collective
ISBN 13 : 9987081525
Total Pages : 442 pages
Book Rating : 4.9/5 (87 download)
Download or read book Land as a Human Right written by Abdon Rwegasira and published by African Books Collective. This book was released on 2012 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the importance of judicial independence.
Author : Laurence R. Helfer
Publisher : Cambridge University Press
ISBN 13 : 1139496913
Total Pages : 567 pages
Book Rating : 4.1/5 (394 download)
Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author : Duncan Matthews
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931245
Total Pages : 305 pages
Book Rating : 4.8/5 (579 download)
Download or read book Intellectual Property, Human Rights and Development written by Duncan Matthews and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat – and the principal contribution – of this book. . . The book marks a major contribution for the empirical material alone.' – Ken Shadlen, Journal of Development Studies 'Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs' relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers' rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.' – Susan K. Sell, George Washington University, US 'One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.' – Peter Drahos, Australian National University 'This book reveals how non-governmental organizations helped developing countries to better understand and mitigate the impact of the new standards of intellectual property protection that those countries were forced to adopt in the context of trade negotiations. Based on comprehensive and rigorous research, the author offers an outstanding piece that will not only be important for academics, policy-makers and students working in the area of intellectual property, but also for those more broadly interested in the implementation of human rights, coalition-building scenarios and framing strategies.' – Carlos Correa, University of Buenos Aires, Argentina 'This is a valuable corrective to a debate that is too often premised on the perspective of rich and developed countries. Focussing on the network of NGOs that supports developing countries, Duncan Matthews fills a major gap in the analysis of international disputes about intellectual property. His analysis rightly demolishes the position that developing countries have remained helpless in the face of developments in the global governance of IPRs, and helps explain how the global politics of IPRs is shifting.' – Christopher May, Lancaster University, UK This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.
Author : John G. Sprankling
Publisher : OUP Oxford
ISBN 13 : 0191502529
Total Pages : 400 pages
Book Rating : 4.1/5 (915 download)
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.
Author : Paul Torremans
Publisher :
ISBN 13 : 9789041158369
Total Pages : 0 pages
Book Rating : 4.1/5 (583 download)
Download or read book Intellectual Property Law and Human Rights written by Paul Torremans and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.
Author : F. W. Grosheide
Publisher : Edward Elgar Publishing
ISBN 13 : 1849802041
Total Pages : 329 pages
Book Rating : 4.8/5 (498 download)
Download or read book Intellectual Property and Human Rights written by F. W. Grosheide and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.
Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
ISBN 13 : 9251072779
Total Pages : 48 pages
Book Rating : 4.2/5 (51 download)
Download or read book Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-10-03 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.
Author : Olivier De Schutter
Publisher : Routledge
ISBN 13 : 1317220021
Total Pages : 386 pages
Book Rating : 4.3/5 (172 download)
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.
Author : Muireann Quigley
Publisher : Cambridge University Press
ISBN 13 : 1108570461
Total Pages : 363 pages
Book Rating : 4.1/5 (85 download)
Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
Author : Christophe Geiger
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472421
Total Pages : 752 pages
Book Rating : 4.7/5 (834 download)
Download or read book Research Handbook on Human Rights and Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re
Author : Svetozar Pejovich
Publisher :
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.:/5 (321 download)
Download or read book The Economics of Property Rights: Property rights and economic performance written by Svetozar Pejovich and published by . This book was released on 2001 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rachael Walsh
Publisher : Cambridge University Press
ISBN 13 : 110842693X
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author : David Boaz
Publisher : Cato Institute
ISBN 13 : 1935308262
Total Pages : 699 pages
Book Rating : 4.9/5 (353 download)
Download or read book Cato Handbook For Policymakers written by David Boaz and published by Cato Institute. This book was released on 2009-02-19 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its seventh edition, the Cato Handbook for Policymakers sets the standard in Washington for reducing the power of the federal government and expanding freedom. The 63 chapters—each beginning with a list of major policy recommendations—offer issue-by-issue blueprints for promoting individual liberty, free markets, and peace. Providing both in-depth analysis and concrete recommendations, Cato's Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty and limiting government.
