Human Rights And The Transformation Of Property
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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 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
Housing Land And Property Rights
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Author : Scott Leckie
language : en
Publisher:
Release Date : 2023-09
Housing Land And Property Rights written by Scott Leckie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09 with Housing categories.
"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 Property Regimes And Transitional Justice In Central Eastern Europe
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Author : Liviu Damşa
language : en
Publisher: Springer
Release Date : 2017-01-03
The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe written by Liviu Damşa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Law categories.
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.
Regulatory Property Rights
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Author : Christine Godt
language : en
Publisher: BRILL
Release Date : 2016-12-01
Regulatory Property Rights written by Christine Godt and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation offers fresh impetus for rethinking modern property theory.
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.
The Routledge Handbook Of Property Law And Society
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Author : Nicole Graham
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-14
The Routledge Handbook Of Property Law And Society written by Nicole Graham and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-14 with Law categories.
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Cultural Transformation And Human Rights In Africa
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Author : Abdullahi An-Na'im
language : en
Publisher: Zed Books
Release Date : 2002-07-01
Cultural Transformation And Human Rights In Africa written by Abdullahi An-Na'im and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-07-01 with Political Science categories.
The authors of this volume seek to contribute to the clarification of the very difficult conceptual and practical questions surrounding the legitimization and permanent protection of human rights in non-Western cultural contexts, specifically in this case Africa. The contributors try to clarify thinking about what ought to constitute human rights in an African context as well as strategies for realizing them within communities and countries. These issues are particularly contentious when the specific point at issue is the promotion and protection of economic, social and cultural rights, and even more so in relation to the rights of women. The underlying premise is that there are possibilities for the local promotion of what ought to be universal human rights through processes of cultural transformation over time. While conceding the difficulties and constraints of the relationship between local cultures and the notion of the universality of human rights, the contributors believe that it is both necessary and possible to address these issues by making use of creative possibilities within specific countries. Several of the contributors explore these questions of cultural transformation and human rights generally. The African Charter of Human and People's Rights is examined to see if there is a case for recognizing a specifically African cultural contribution to conceptualizations of human rights which have been originally formulated in a European social context. The volume then proceeds to translate the general issues at stake into the particular question of women's rights - especially their ability to own, control and have access to land and other property rights. This thoughtful set of explorations by African scholars and human rights activists adds significantly to our understanding of the complex relationships that exist between culture, religion, law and human rights.
The Transformation Of Human Rights Fact Finding
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Author : Philip Alston
language : en
Publisher: Oxford University Press
Release Date : 2016
The Transformation Of Human Rights Fact Finding written by Philip Alston and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Taiwan And International Human Rights
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Author : Jerome A. Cohen
language : en
Publisher: Springer
Release Date : 2019-05-16
Taiwan And International Human Rights written by Jerome A. Cohen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
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.