Property As A Human Right

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The Human Right To Property

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Author : Theo R. G. van Banning
language : en
Publisher: Intersentia nv
Release Date : 2002

The Human Right To Property written by Theo R. G. van Banning and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Human rights categories.

3 Framework for research

Property And The Human Rights Act 1998

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Author : Tom Allen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-10-01

Property And The Human Rights Act 1998 written by Tom Allen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Law categories.

By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.

Land As A Human Right

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Author : Abdon Rwegasira
language : en
Publisher: African Books Collective
Release Date : 2012

Land As A Human Right written by Abdon Rwegasira and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.

On the importance of judicial independence.

Property And Human Rights In A Global Context

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Author : Ting Xu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-03-24

Property And Human Rights In A Global Context written by Ting Xu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Law categories.

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.

Property And Human Rights

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Author : Florence Wagman Roisman
language : en
Publisher:
Release Date : 2012

Property And Human Rights written by Florence Wagman Roisman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Human rights categories.

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.

Property And The Human Rights Act 1998

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Author : Tom Allen
language : en
Publisher:
Release Date : 2005

Property And The Human Rights Act 1998 written by Tom Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Electronic books categories.

By giving further effect to the European Convention on Human Rights, the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of p.

New Perspectives On Property Law

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Author : Alastair Hudson
language : en
Publisher: Routledge Cavendish
Release Date : 2016-11-30

New Perspectives On Property Law written by Alastair Hudson and has been published by Routledge Cavendish this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-30 with categories.

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.

Human Rights And The Transformation Of Property

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Author : Stuart Wilson
language : en
Publisher:
Release Date : 2021-06-30

Human Rights And The Transformation Of Property written by Stuart Wilson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-30 with categories.

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 European Convention On Human Rights And Property Rights

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Author : Laurent Sermet
language : en
Publisher: Council of Europe
Release Date : 1998-01-01

The European Convention On Human Rights And Property Rights written by Laurent Sermet and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Political Science categories.

Human Rights And Intellectual Property

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Author : Laurence R. Helfer
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-07

Human Rights And Intellectual Property written by Laurence R. Helfer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-07 with Law categories.

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.