Property Rights From Below

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Property Rights from Below

Author : Olivier De Schutter,Balakrishnan Rajagopal
Publisher : Unknown
Page : 288 pages
File Size : 52,8 Mb
Release : 2020
Category : Business & Economics
ISBN : 1315621460

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Property Rights from Below by Olivier De Schutter,Balakrishnan Rajagopal Pdf

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Belowquestions the trend towards treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Belowdemonstrates that alternatives to this model often emerge from social innovations supported by local communities, and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

Property Rights from Below

Author : Olivier De Schutter,Balakrishnan Rajagopal
Publisher : Routledge
Page : 386 pages
File Size : 51,8 Mb
Release : 2019-12-06
Category : Business & Economics
ISBN : 9781317220022

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Property Rights from Below by Olivier De Schutter,Balakrishnan Rajagopal Pdf

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

Property Matters

Author : James V. DeLong
Publisher : Simon and Schuster
Page : 410 pages
File Size : 46,8 Mb
Release : 1997
Category : Law
ISBN : 9780684874371

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Property Matters by James V. DeLong Pdf

Which matters more--spotted owls or the right to cut timber on your own land? Who has a greater right to the water of the Colorado River--California farmers, Denver housewives, or whitewater rafters? The vitally important right to property--from land to copyrights--is threatened by overzealous bureaucrats, ecological extremists, and an arbitrary judiciary.

Property Without Rights

Author : Michael Albertus
Publisher : Cambridge University Press
Page : 417 pages
File Size : 55,7 Mb
Release : 2021-01-07
Category : Business & Economics
ISBN : 9781108835237

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Property Without Rights by Michael Albertus Pdf

A new understanding of the causes and consequences of incomplete property rights in countries across the world.

Public Interest, Private Property

Author : Anneke Smit,Marcia Valiante
Publisher : UBC Press
Page : 304 pages
File Size : 48,7 Mb
Release : 2015-12-15
Category : Social Science
ISBN : 9780774829342

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Public Interest, Private Property by Anneke Smit,Marcia Valiante Pdf

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.

The Idea of Property

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
Page : 216 pages
File Size : 46,8 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.

Property Law in a Globalizing World

Author : Amnon Lehavi
Publisher : Cambridge University Press
Page : 301 pages
File Size : 44,8 Mb
Release : 2019-01-17
Category : Law
ISBN : 9781108425124

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Property Law in a Globalizing World by Amnon Lehavi Pdf

Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency

International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime

Author : Keith E. Maskus,Jerome H. Reichman
Publisher : Cambridge University Press
Page : 952 pages
File Size : 41,7 Mb
Release : 2005-06-08
Category : Law
ISBN : 1139444336

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International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime by Keith E. Maskus,Jerome H. Reichman Pdf

Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.

Economic Analysis of Property Rights

Author : Yoram Barzel
Publisher : Cambridge University Press
Page : 180 pages
File Size : 46,7 Mb
Release : 1997-04-13
Category : Business & Economics
ISBN : 0521597137

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Economic Analysis of Property Rights by Yoram Barzel Pdf

This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.

Foundations of Property Law

Author : Christian von Bar
Publisher : Oxford University Press
Page : 481 pages
File Size : 51,8 Mb
Release : 2023-08-25
Category : Law
ISBN : 9780198885429

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Foundations of Property Law by Christian von Bar Pdf

Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

The Great Property Fallacy

Author : Frank K. Upham
Publisher : Cambridge University Press
Page : 165 pages
File Size : 49,8 Mb
Release : 2018-02
Category : Business & Economics
ISBN : 9781108422833

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The Great Property Fallacy by Frank K. Upham Pdf

Explains the role of property law in growth and development over five centuries and across several different countries and cultures.

Planning and Development Law in the Netherlands. An Introduction

Author : F.A.M. Hobma & P. Jong
Publisher : Instituut voor Bouwrecht
Page : 154 pages
File Size : 55,6 Mb
Release : 2016-07-12
Category : Land use
ISBN : 9789463150125

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Planning and Development Law in the Netherlands. An Introduction by F.A.M. Hobma & P. Jong Pdf

‘Planning and Development Law in the Netherlands’ seeks to be an accessible introduction to the extensive field of planning law. The book covers both the ‘planning side’ (the formal system) and the ‘development side’ (including the interrelations between municipalities and developers). It is primarily intended for Dutch and international students. But also researchers and practitioners outside the Netherlands seeking information about Dutch Planning and Development Law may find this a useful introduction to this complex, yet highly relevant field. Fred Hobma and Pieter Jong are lecturers in Planning and ­Development Law.

Property Rights and Social Justice

Author : Rachael Walsh
Publisher : Cambridge University Press
Page : 321 pages
File Size : 50,8 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108426930

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Property Rights and Social Justice by Rachael Walsh Pdf

Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.

Aboriginal Customary Law: A Source of Common Law Title to Land

Author : Ulla Secher
Publisher : Bloomsbury Publishing
Page : 534 pages
File Size : 44,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253761

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Aboriginal Customary Law: A Source of Common Law Title to Land by Ulla Secher Pdf

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Proportionality and Deference Under the UK Human Rights Act

Author : Alan D. P. Brady
Publisher : Cambridge University Press
Page : 311 pages
File Size : 52,8 Mb
Release : 2012-05-03
Category : Law
ISBN : 9781107013001

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Proportionality and Deference Under the UK Human Rights Act by Alan D. P. Brady Pdf

A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.