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Author | : Stuart Wilson |
Publisher | : |
Total Pages | : 180 |
Release | : 2021-06-30 |
Genre | : |
ISBN | : 9781485138228 |
Download Human Rights and the Transformation of Property Book in PDF, ePub and Kindle
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 | : Theo R. G. van Banning |
Publisher | : Intersentia nv |
Total Pages | : 468 |
Release | : 2002 |
Genre | : Human rights |
ISBN | : 9050952038 |
Download The Human Right to Property Book in PDF, ePub and Kindle
3 Framework for research
Author | : Philip Alston |
Publisher | : Oxford University Press |
Total Pages | : 577 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0190239492 |
Download The Transformation of Human Rights Fact-finding Book in PDF, ePub and Kindle
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
Author | : Christophe Geiger |
Publisher | : Edward Elgar Publishing |
Total Pages | : 753 |
Release | : 2015-02-27 |
Genre | : Law |
ISBN | : 1783472421 |
Download Research Handbook on Human Rights and Intellectual Property Book in PDF, ePub and Kindle
Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re
Author | : F. W. Grosheide |
Publisher | : Edward Elgar Publishing |
Total Pages | : 329 |
Release | : 2010-01-01 |
Genre | : Political Science |
ISBN | : 1849802041 |
Download Intellectual Property and Human Rights Book in PDF, ePub and Kindle
. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.
Author | : Scott Leckie |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-09 |
Genre | : Housing |
ISBN | : 9781032468013 |
Download Housing, Land and Property Rights Book in PDF, ePub and Kindle
"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"--
Author | : Abdullahi An-Na'im |
Publisher | : Zed Books |
Total Pages | : 0 |
Release | : 2002-07-01 |
Genre | : Political Science |
ISBN | : 9781842770917 |
Download Cultural Transformation and Human Rights in Africa Book in PDF, ePub and Kindle
The authors of this volume seek to contribute to the clarification of the very difficult conceptual and practical questions surrounding the legitimization and permanent protection of human rights in non-Western cultural contexts, specifically in this case Africa. The contributors try to clarify thinking about what ought to constitute human rights in an African context as well as strategies for realizing them within communities and countries. These issues are particularly contentious when the specific point at issue is the promotion and protection of economic, social and cultural rights, and even more so in relation to the rights of women. The underlying premise is that there are possibilities for the local promotion of what ought to be universal human rights through processes of cultural transformation over time. While conceding the difficulties and constraints of the relationship between local cultures and the notion of the universality of human rights, the contributors believe that it is both necessary and possible to address these issues by making use of creative possibilities within specific countries. Several of the contributors explore these questions of cultural transformation and human rights generally. The African Charter of Human and People's Rights is examined to see if there is a case for recognizing a specifically African cultural contribution to conceptualizations of human rights which have been originally formulated in a European social context. The volume then proceeds to translate the general issues at stake into the particular question of women's rights - especially their ability to own, control and have access to land and other property rights. This thoughtful set of explorations by African scholars and human rights activists adds significantly to our understanding of the complex relationships that exist between culture, religion, law and human rights.
Author | : Jill Marshall |
Publisher | : Routledge |
Total Pages | : 337 |
Release | : 2014-06-20 |
Genre | : Law |
ISBN | : 1134443331 |
Download Human Rights Law and Personal Identity Book in PDF, ePub and Kindle
This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
Author | : Deborah Rook |
Publisher | : |
Total Pages | : 428 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
Download Property Law and Human Rights Book in PDF, ePub and Kindle
This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act. The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.
Author | : Ugo Mattei |
Publisher | : Edward Elgar Publishing |
Total Pages | : |
Release | : 2018-10-26 |
Genre | : LAW |
ISBN | : 1786435187 |
Download The Turning Point in Private Law Book in PDF, ePub and Kindle
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.