Property and Human Rights in a Global Context

Description

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. Volume 20: Human Rights Law in Perspective Preface Contents List of Contributors Table of Cases Table of Legislation Introduction: Property and Human Rights in a Global Context I. Engaging Property with Human Rights: A Clash
of Paradigms? II. The Concepts of Property III. The Reach of Property IV. The Reach of Human Rights V. Structure of the Book 1. Property, Human Rights
and Communities I. Introduction II. Resources Collectively Used by Communities III. Communities Defined by Locality IV. Collective Resource Use by Communities V. Indeterminate and Determinate Communities VI. Scope of Human Rights to Property VII. Communal Property Rights And Customary Use VIII. Communities as Right-holders IX. Human Rights to Property for Communities X. Implementing the Community's Human
Rights to Property 2. Cultural Property and Community Rights to Cultural Heritage I. Introduction: Cultural Heritage in International Law II. The Concept of Cultural Heritage III. From Cultural Heritage to Cultural Property IV. Cultural Property versus Intellectual Property V. Conclusion: Resisting the Privatisation of Everything 3. Constitutional Law, Social Justice and the Redistribution of Land I. Introduction II. Liberal, Socialist and Social Democrat
Constitutional Theories at Independence III. Judicial Interpretation of the Property
Clauses after Independence IV. The (Temporary) Decline of Liberalism V. Revival of the Liberal Right to Property VI. Globalism, Comparative Law
and the Right to Property VII. Conclusion 4. Property in Persons: Prohibiting Contemporary Slavery as a Human Right I. Moments in Time II. Slavery in International Human Rights Law III. Property Law at the Service of a Human Right IV. Conclusion Appendix 5. Property in Human Bodies,
Self-Preservation
and Human Rights I. Introduction II. Human Body, Dignity and Human Rights III. The Justification of Property in Human Bodies in Classics IV. Property: A Flexible Concept V. Re-evaluating the Meanings of Self-ownership VI. Conclusion 6. Reconciling Lockean Copyright with the Human Right to Education I. Introduction II. Locke and Copyright III. Locke and Human Rights IV. Conclusion 7. Filling the Institutional Void Between Fundamental Rights and the Legal Purchase of Goods: What Role for Consumocratic Law? I. Introduction II. The Institutional Void between Fundamental Rights and the Purchase of Goods III. What Role for Non-state Labelling Systems? IV. Conclusion 8. Development, Property
and International Investment:
The Double-edged Sword
of Human Rights I. Development and Trade: Markets and Property II. Investment, Ownership and Protection of Property III. A Property-Human Rights Conflict? A Case Study IV. Conclusion 9. The Reach of Human Rights I. UN Principles II. Globalisations and Finance III. The Neo-liberal State IV. A Case Study: UK Housing V. Conclusions 10. Communal Property Rights in International Human Rights Instruments: Implications for
De Facto Expropriation I. Introduction: De Facto Expropriation
and the Limits of Expropriation Law II. Human Rights and Property Rights: Transcending
the Boundaries III. Communal Property Rights in Regional
Human Rights Instruments IV. Conclusion: Implications for De Facto Expropriation 11. Property Right to Rural Land in Ethiopia: A Human
Rights Perspective I. Introduction II. Human Right to Land III. Current Certification Processes in Ethiopia IV. Implications on Women and Pastoralist Communities V. Conclusion 12. Customary Land Rights, Indigenous Rights and Land Expropriation
in Cameroon: Ecosystem Services
as a Possible New Approach in Valuing Compensation I. Introduction II. 'Value' of Expropriated Forest Land III. Compensation and Indigenous Cultures IV. The Concept of Ecosystem Services and the Value of Land V. 'Just and Equitable' Compensation and Human Rights VI. Valuing Compensation for Land Expropriation under Cameroonian Law VII. Legality of the Customary Interest in Land VIII. Conclusion Bibliography Index