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Property and Human Rights in a Global Context (Paperback)
Loot Price: R1,270
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Property and Human Rights in a Global Context (Paperback)
Series: Human Rights Law in Perspective
Expected to ship within 9 - 15 working days
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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.
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