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Books > Law > International law > Public international law > Treaties & other sources of international law
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The International Law of Property (Hardcover)
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The International Law of Property (Hardcover)
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Does a right to property exist under international law? The
traditional answer to this question is no: a right to property can
only arise under the domestic law of a particular nation. But the
view that property rights are exclusively governed by national law
is obsolete. Identifiable areas of property law have emerged at the
international level, and the foundation is now arguably being laid
for a comprehensive international regime. This book provides a
detailed investigation into this developing international property
law. It demonstrates how the evolution of international property
law has been influenced by major economic, political, and
technological changes: the embrace of private property by former
socialist states after the end of the Cold War; the globalization
of trade; the birth of new technologies capable of exploiting the
global commons; the rise of digital property; and the increasing
recognition of the human right to property. The first part of the
book analyzes how international law impacts rights in specific
types of property. In some situations, international law creates
property rights, such as rights in aboriginal lands, deep seabed
minerals, and satellite orbits. In other areas, it harmonizes
property rights that arise at the national level, such as rights in
intellectual property, rights in foreign investments, and security
interests in personal property. Finally, it restricts property
rights that may be recognized at the national level, such as rights
in celestial bodies, contraband, and slaves. The second part of the
book explores the thesis that a global right to property should be
recognized as a general matter, not merely as a moral precept but
rather as an entitlement that all nations must honour. It
establishes the components of such a right, arguing that the right
to property at the international level should be seen in the
context of five key components of ownership: acquisition, use,
destruction, exclusion, and transfer. This highly innovative book
makes an important contribution to how we conceptualize the
protection of property and to the understanding that much of this
protection now takes place at the international level.
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