Property and human rights in a global context / edited by Ting Xu and Jean Allain.

Format:

Book

Contributor:

Allain, Jean, 1965- editor.

Xu, Ting, 1982- editor.

Series:

Human rights law in perspective ; Volume 20.

Human rights law in perspective ; v. 20

Language:

English

Subjects (All):

Human rights--Congresses.

Human rights.

Right of property--Congresses.

Right of property.

Physical Description:

1 online resource (353 p.)

Place of Publication:

Oxford ; Portland, OR : Hart Publishing Ltd, 2015.

Language Note:

English

Summary:

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

Contents:

Introduction: property and human rights in a global context

Ting Xu and Jean Allain

Property, human rights and communities

Alison Clarke

Cultural property and community rights to cultural heritage

Fiona Macmillan

Constitutional law, social justice and the redistribution of land

Tom Allen

Property in persons: prohibiting contemporary slavery as a human right

Jean Allain

Property in human bodies, self-preservation and human rights

Elena Beltrán

Reconciling lockean copyright with the human right to education

Leonardo Machado Pontes

Filling the institutional void between fundamental rights and the legal purchase of goods : what role for consumocratic law?

P Martin Dumas

Development, property and international investment : the double-edged sword of human rights

Bruce Wardhaugh

The reach of human rights

Dave Cowan and Sally Wheeler

Communal property rights in international human rights instruments : implications for de facto expropriation

Ting Xu and Wei Gong

Property right to rural land in Ethiopia : a human rights perspective

Belachew Fikre

Customary land rights, indigenous rights and land expropriation in Cameroon : ecosystem services as a possible new approach in valuing compensation

Walters Nsoh.

Notes:

Book originated in a panel "The Engagement between Property and Human Rights in a Global Context" at the 26th World Congress of Philosophy of Law and Social Philosophy, held at the Federal University of Minas Gerais (UFMG), Belo Horizonte, Brazil, in July 2013.-- ECIP Preface.

Includes bibliographical references and index.

ISBN:

9781474202596

1474202594

9781509901739

1509901736

OCLC:

930703387