Property Power And Human Rights

Author : Stuart Wilson
Publisher : Unknown
Page : 180 pages
File Size : 41,8 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.

Author : Laura Dehaibi
Publisher : Edward Elgar Publishing
Page : 283 pages
File Size : 53,5 Mb
Release : 2024-02-12
Category : Political Science
ISBN : 9781035313914

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Property, Power and Human Rights by Laura Dehaibi Pdf

Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, lived universalism, that draws on lived experience in the margins to give rights a subversive and emancipatory meaning.

Author : Theo R. G. van Banning
Publisher : Intersentia nv
Page : 468 pages
File Size : 54,6 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

Author : Svetozar Pejovich
Publisher : Unknown
Page : 696 pages
File Size : 52,8 Mb
Release : 2001
Category : Right of property
ISBN : UCSC:32106016942424

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The Economics of Property Rights: Property rights and economic performance by Svetozar Pejovich Pdf

Author : Robé, Jean-Philippe
Publisher : Policy Press
Page : 416 pages
File Size : 43,9 Mb
Release : 2020-10-05
Category : Law
ISBN : 9781529213188

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Property, Power and Politics by Robé, Jean-Philippe Pdf

Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.

Author : Laura Dehaibi
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 47,9 Mb
Release : 2024-02-20
Category : Law
ISBN : 1035313901

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Property, Power and Human Rights by Laura Dehaibi Pdf

Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, drawing on lived experience in the margins to give rights a subversive and emancipatory meaning. Chapters analyse the sources of international human rights law, in particular examining the drafting of the Universal Declaration of Human Rights, and provide a thorough review of regional case law on the right to property. Dehaibi illustrates the inadequacy of the current liberal approach to human rights, showing that stories of belonging and human suffering matter greatly when interpreting and enforcing these rights. Ultimately, this book argues for a crucial realignment of the concept of universalism around social participation, contributing to a wider reconsideration of the sources of power in law. Property, Power and Human Rights will be essential reading for students and scholars in human rights, social justice, property and international law. Taking a novel perspective on the interpretation and enforcement of human rights, it will also be invaluable for regional practitioners and activists seeking to strengthen human rights protections.

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
Page : 216 pages
File Size : 54,7 Mb
Release : 2003
Category : Language Arts & Disciplines
ISBN : 0199254184

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The Idea of Property by Laura S. Underkuffler Pdf

Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 48,9 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Thomas Risse,Thomas Risse-Kappen,Steve C. Ropp,Stephen C. Ropp,Kathryn Sikkink
Publisher : Cambridge University Press
Page : 373 pages
File Size : 43,8 Mb
Release : 2013-03-07
Category : Political Science
ISBN : 9781107028937

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The Persistent Power of Human Rights by Thomas Risse,Thomas Risse-Kappen,Steve C. Ropp,Stephen C. Ropp,Kathryn Sikkink Pdf

This book offers a unique combination of quantitative and qualitative research arguing for the persistent power of human rights norms.

Author : Laurence R. Helfer,Graeme W. Austin
Publisher : Cambridge University Press
Page : 567 pages
File Size : 45,5 Mb
Release : 2011-03-07
Category : Law
ISBN : 9781139496919

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Human Rights and Intellectual Property by Laurence R. Helfer,Graeme W. Austin Pdf

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.

Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 343 pages
File Size : 41,5 Mb
Release : 2021-04-15
Category : Business & Economics
ISBN : 9781108418546

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A Liberal Theory of Property by Hanoch Dagan Pdf

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Author : Ting Xu,Jean Allain
Publisher : Bloomsbury Publishing
Page : 319 pages
File Size : 47,7 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.

Author : Jérémie Gilbert
Publisher : Oxford University Press
Page : 248 pages
File Size : 42,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192515186

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Natural Resources and Human Rights by Jérémie Gilbert Pdf

Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.

Author : Clifford Bob
Publisher : Princeton University Press
Page : 274 pages
File Size : 50,5 Mb
Release : 2021-05-04
Category : Law
ISBN : 9780691216881

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Rights as Weapons by Clifford Bob Pdf

Bob looks at how political forces use rights as rallying cries: naturalizing novel claims as rights inherent in humanity, absolutizing them as trumps over rival interests or community concerns, universalizing them as transcultural and transhistorical, and depoliticizing them as concepts beyond debate. He shows how powerful proponents employ rights as camouflage to cover ulterior motives, as crowbars to break rival coalitions, as blockades to suppress subordinate groups, as spears to puncture discrete policies, and as dynamite to explode whole societies. And he demonstrates how the targets of rights campaigns repulse such assaults, using their own rights-like weapons: denying the abuses they are accused of, constructing rival rights to protect themselves, portraying themselves as victims rather than violators, and repudiating authoritative decisions against them.

Author : James W. Nickel
Publisher : Univ of California Press
Page : 276 pages
File Size : 42,5 Mb
Release : 1987
Category : Philosophy
ISBN : 0520059948

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Making Sense of Human Rights by James W. Nickel Pdf

This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.