Human Rights And The Transformation Of Property

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Human Rights and the Transformation of Property

Stuart Wilson
Human Rights and the Transformation of Property Book PDF

Author : Stuart Wilson
Publisher : Unknown
Page : 180 pages
File Size : 51,5 Mb
Release : 2021-06-30
Category : Electronic
ISBN : 1485138221

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Human Rights and the Transformation of Property by Stuart Wilson Pdf

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

Theo R. G. van Banning
The Human Right to Property Book PDF

Author : Theo R. G. van Banning
Publisher : Intersentia nv
Page : 468 pages
File Size : 43,6 Mb
Release : 2002
Category : Human rights
ISBN : 9789050952033

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The Human Right to Property by Theo R. G. van Banning Pdf

3 Framework for research

Regulatory Property Rights

Christine Godt
Regulatory Property Rights Book PDF

Author : Christine Godt
Publisher : BRILL
Page : 259 pages
File Size : 55,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004313521

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Regulatory Property Rights by Christine Godt Pdf

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

Ting Xu,Jean Allain
Property and Human Rights in a Global Context Book PDF

Author : Ting Xu,Jean Allain
Publisher : Bloomsbury Publishing
Page : 319 pages
File Size : 49,9 Mb
Release : 2016-03-24
Category : Law
ISBN : 9781509901746

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Property and Human Rights in a Global Context by Ting Xu,Jean Allain Pdf

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.

Housing, Land and Property Rights

Scott Leckie
Housing Land and Property Rights Book PDF

Author : Scott Leckie
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2023-09
Category : Housing
ISBN : 1032468017

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Housing, Land and Property Rights by Scott Leckie Pdf

"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"--

Women's Property Rights Under CEDAW

José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder
Women s Property Rights Under CEDAW Book PDF

Author : José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder
Publisher : Oxford University Press
Page : 433 pages
File Size : 43,7 Mb
Release : 2024
Category : Law
ISBN : 9780197751879

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Women's Property Rights Under CEDAW by José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder Pdf

For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

Liviu Damşa
The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe Book PDF

Author : Liviu Damşa
Publisher : Springer
Page : 311 pages
File Size : 48,5 Mb
Release : 2017-01-03
Category : Law
ISBN : 9783319485300

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The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by Liviu Damşa Pdf

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.

Worlds of Human Rights

Bill Derman,Anne Hellum,Kristin Sandvik
Worlds of Human Rights Book PDF

Author : Bill Derman,Anne Hellum,Kristin Sandvik
Publisher : BRILL
Page : 352 pages
File Size : 43,8 Mb
Release : 2013-04-15
Category : Social Science
ISBN : 9789004250130

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Worlds of Human Rights by Bill Derman,Anne Hellum,Kristin Sandvik Pdf

This book engages with contemporary African human rights struggles including land, property, gender equality and legal identity. Through ethnographic field studies it situates claims-making by groups and individuals that have been subject to injustices and abuses, often due to different forms of displacement, in specific geographical, historical and political contexts. Exploring local communities’ complexities and divided interests it addresses the ambiguities and tensions surrounding the processes whereby human rights have been incorporated into legislation, social and economic programs, legal advocacy, land reform, and humanitarian assistance. It shows how existing relations of inequality, domination and control are affected by the opportunities offered by emerging law and governance structures as a plurality of non-state actors enter what previously was considered the sole regulatory domain of the nation state.

Neo-Socialist Property Rights

Cheuk-Yuet Ho
Neo Socialist Property Rights Book PDF

Author : Cheuk-Yuet Ho
Publisher : Lexington Books
Page : 241 pages
File Size : 51,6 Mb
Release : 2015-07-15
Category : Social Science
ISBN : 9781498506847

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Neo-Socialist Property Rights by Cheuk-Yuet Ho Pdf

Neo-Socialist Property Rights: The Predicament of Housing Ownership in China examines how urban dwellers’ practices of acquiring and defending property rights reshape state-property-family relationality in China. Ubiquitous housing ownership has emerged together with a pervasive yet particularized rights discourse and practice in the past two decades. Cheuk Yuet Ho considers them to be a condensation and vindication of the principles of family values and emergent “neo-socialist” governance. However, there are manifested and latent contradictions between rights as interests and rights as a moral principle. The book concludes that private property rights are at once enabling and disabling when understood in the light of both the rigorous pursuit of well-being in a market economy and the contestation by those who resist forced eviction or the infringement of owners’ rights. In this book, Ho provides rarely available ethnographic record of the encounters between evictees and evictors engaged in housing demolition and approaches the topic of urban housing ownership from the investing perspective in contrast to most anthropologists’ consumption-focus analysis. Neo-Socialist Property Rights links property rights practice to the broader human rights discourse as both a working hypothesis and a historical question.

Realizing Property Rights

Hernando de Soto,Francis Cheneval
Realizing Property Rights Book PDF

Author : Hernando de Soto,Francis Cheneval
Publisher : Wynkin Deworde
Page : 319 pages
File Size : 42,8 Mb
Release : 2006
Category : Business & Economics
ISBN : 3907625250

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Realizing Property Rights by Hernando de Soto,Francis Cheneval Pdf

Cultural Writing. Political Science. Hernando de Soto and Francis Cheneval have edited a collection of ground-breaking cases as part of the Swiss Human Rights Book series which deal with property rights as human rights. Topics include Resource Conflict in the Sudan, Land Reform in Zimbabwe, Rural Property in China, Land Rights for Rural Women, etc.

Land as a Human Right

Abdon Rwegasira
Land as a Human Right Book PDF

Author : Abdon Rwegasira
Publisher : African Books Collective
Page : 442 pages
File Size : 43,7 Mb
Release : 2012
Category : Law
ISBN : 9789987081523

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Land as a Human Right by Abdon Rwegasira Pdf

On the importance of judicial independence.

The Routledge Handbook of Property, Law and Society

Nicole Graham,Margaret Davies,Lee Godden
The Routledge Handbook of Property Law and Society Book PDF

Author : Nicole Graham,Margaret Davies,Lee Godden
Publisher : Taylor & Francis
Page : 449 pages
File Size : 41,8 Mb
Release : 2022-11-14
Category : Law
ISBN : 9781000737554

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The Routledge Handbook of Property, Law and Society by Nicole Graham,Margaret Davies,Lee Godden Pdf

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.

Earth into Property

Anthony Hall
Earth into Property Book PDF

Author : Anthony Hall
Publisher : McGill-Queen's Press - MQUP
Page : 934 pages
File Size : 44,5 Mb
Release : 2010-08-23
Category : Social Science
ISBN : 9780773590885

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Earth into Property by Anthony Hall Pdf

Earth into Property: The Bowl with One Spoon, Part Two explores the relationship between the dispossession of Indigenous peoples and the making of global capitalism. Beginning with Christopher Columbus's inception of a New World Order in 1492, Anthony Hall draws on a massive body of original research to produce a narrative that is audacious, encyclopedic, and transformative in the new light it sheds on the complex historical processes that converged in the financial debacle of 2008 and 2009.

Property in Question

Caroline Humphrey,Katherine Verdery
Property in Question Book PDF

Author : Caroline Humphrey,Katherine Verdery
Publisher : Routledge
Page : 270 pages
File Size : 43,8 Mb
Release : 2020-06-08
Category : Social Science
ISBN : 9781000180602

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Property in Question by Caroline Humphrey,Katherine Verdery Pdf

How has it come about that indigenous cultures, body parts, and sequences of musical notes are considered property? How has the movement from collective to privatized systems affected notions of property? At what point in transaction chains do native cultures, indigenous medicines, or cyberdata become objects and therefore propertized, and what are the social, economic, and ethical considerations for such transformations? Addressing these hotly contested issues and many more, Property in Question interrogates the very concept of property and what is happening to it in the contemporary world, in case studies ranging from Romania to Kazakhstan, Africa to North America. The book examines not only the changing character of the property concept, but also its ideological foundations and political usages. Authors address bio-transactions, music copyright, cyberspace, oil prospecting, debates over privatization of land and factories, and dilemmas arising with new forms of ownership of businesses. Offering a fresh perspective on contemporary economic transformation, this volume is a long overdue investigation of the power of the private property concept, as well as an exploration of how the global economy may be subtly, even invisibly, changing what property means and how we relate to it.

Housing in African Cities

Margot Rubin,Sarah Charlton,Neil Klug
Housing in African Cities Book PDF

Author : Margot Rubin,Sarah Charlton,Neil Klug
Publisher : Springer Nature
Page : 252 pages
File Size : 53,8 Mb
Release : 2023-12-29
Category : Social Science
ISBN : 9783031374081

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Housing in African Cities by Margot Rubin,Sarah Charlton,Neil Klug Pdf

This edited collection from across the African continent offers a diverse set of analytical accounts that engage with the urban governance dynamics, drivers and impacts of a wide variety of housing initiatives. These include insights into the relationships between parties and actors undertaking developments, or whose housing activities impact on the city. The book illustrates issues of power distribution, the visions or agendas motivating these actions, and the instruments used to advance them. It considers the rise of mega housing projects; private sector driven residential developments; unobtrusive transformations of existing building stock, establishment and upgrading of informal settlements; and state driven low cost housing schemes. It surfaces the contestation, collaborations and conflicts as well as the power relations that operate within cities and which are made visible on cityscapes. Housing and human settlement scholars as well as those interested in urban politics and governance dynamics in the global south and across the African continent will find much to appreciate in this volume.