The Human Right To Property
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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
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.
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.
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 Law And Human Rights
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Author : Deborah Rook
language : en
Publisher:
Release Date : 2001
Property Law And Human Rights written by Deborah Rook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Civil rights categories.
This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act.
The Economics Of Property Rights Property Rights And Economic Performance
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Author : Svetozar Pejovich
language : en
Publisher:
Release Date : 2001
The Economics Of Property Rights Property Rights And Economic Performance written by Svetozar Pejovich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Right of property categories.
Intellectual Property Human Rights And Development
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Author : Duncan Matthews
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Intellectual Property Human Rights And Development written by Duncan Matthews and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
'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.
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.
The Human Right To Property
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Author : Douglas Maxwell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-14
The Human Right To Property written by Douglas Maxwell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-14 with Law categories.
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.
Self Ownership Property Rights And The Human Body
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Author : Muireann Quigley
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Self Ownership Property Rights And The Human Body written by Muireann Quigley 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 2018-04-19 with Law categories.
How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.