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Vol 21 No 11 Nov/Dec 2016

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Property and Human Rights in a Global Context

Edited by: Ting Xu, Jean Allain

ISBN13: 9781849467261
Published: January 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction: Property and Human Rights in a Global Context Ting Xu and Jean Allain

Part One: Shifts in the Public - Private Divide
1. Property, Human Rights and Communities Alison Clarke
2. Cultural Property and Community Rights to Cultural Heritage Fiona Macmillan
3. Constitutional Law, Social Justice and the Redistribution of Land Tom Allen

Part Two: The Market versus Social Justice
4. Property in Persons: Prohibiting Contemporary Slavery as a Human Right Jean Allain
5. Property in Human Bodies, Self-Preservation and Human Rights Elena Beltran
6. Reconciling Lockean Copyright with the Human Right to Leonardo Machado Pontes
7. Filling the Institutional Void Between Fundamental Rights and the Legal Purchase of Goods: What Role for Consumocratic Law? Martin Dumas
8. Development, Property and International Investment: The Double-edged Sword of Human Rights Bruce Wardhaugh
9. The Reach of Human Rights Dave Cowan and Sally Wheeler

Part Three: Community and Human Rights
10. Communal Property Rights in International Human Rights Instruments: Implications for De Facto Expropriation Ting Xu and Wei Gong
11. Property Right to Rural Land in Ethiopia: A Human Rights Perspective Belachew Fikre
12. Customary Land Rights, Indigenous Rights and Land Expropriation in Cameroon: Ecosystem Services as a Possible New Approach in Valuing Compensation Walters Nsoh

Series: Human Rights Law in Perspective

Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509905867
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Governing (Through) Rights ISBN 9781849467391
Published July 2016
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Governing (Through) Rights (eBook) ISBN 9781509903832
Published July 2016
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Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
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Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
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Health and Human Rights ISBN 9781841138046
Published August 2013
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Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
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Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
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Rights in Divided Societies ISBN 9781849461009
Published July 2012
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Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
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Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
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Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
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Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
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£50.00
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Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
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£65.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
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Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
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£61.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
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Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
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£61.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
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£60.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
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£40.00
Corporations and Transnational Human Rights Litigation ISBN 9781841134574
Published August 2004
Hart Publishing
£41.00