Property and Human Rights in a Global ContextTing Xu, Jean Allain 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. |
Contents
1 | |
1 Property Human Rights and Communities | 19 |
2 Cultural Property and Community Rights to Cultural Heritage | 41 |
3 Constitutional Law Social Justice and the Redistribution of Land | 63 |
Prohibiting Contemporary Slavery as a Human Right | 93 |
5 Property in Human Bodies SelfPreservation and Human Rights | 121 |
6 Reconciling Lockean Copyright with the Human Right to Education | 139 |
What Role for Consumocratic Law? | 161 |
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1926 Slavery Convention African Article Cambridge University Press Cameroon capital Chagos Islanders communal property communal property rights comparative law compensation concept of property Constitution consumocratic context corporate countries Covenant cultural property customary Declaration economic ecosystem services Edward Elgar erty Ethiopia European example expropriation finance forced labour forest fundamental global Honoré housing human body human rights law ibid India individual infrastructure Intangible Cultural Heritage Intellectual Property interests international human rights international law investment investors Journal land certificate land reform Law Review Locke Locke’s London Oxford pastoralists person Philippines Policy political polygamy powers attaching Private Finance Initiative private property property and human property law protection recognised regarding right of ownership right to property Rights of Indigenous rural land sector self-ownership social justice Society theory tion trade UNESCO UNESCO Convention United Nations