Description
Book SynopsisProperty 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.
Table of ContentsIntroduction: Property and Human Rights in a Global Context
Ting Xu and Jean Allain Part One: Shifts in the Public – Private Divide 1. Property, Human Rights and Communities
Alison Clarke 2. Cultural Property and Community Rights to Cultural Heritage
Fiona Macmillan 3. Constitutional Law, Social Justice and the Redistribution of Land
Tom Allen Part Two: The Market versus Social Justice 4. Property in Persons: Prohibiting Contemporary Slavery as a Human Right
Jean Allain 5. Property in Human Bodies, Self-Preservation and Human Rights
Elena Beltrán 6. Reconciling Lockean Copyright with the Human Right to
Leonardo Machado Pontes 7. Filling the Institutional Void Between Fundamental Rights and the Legal Purchase of Goods: What Role for Consumocratic Law?
Martin Dumas 8. Development, Property and International Investment: The Double-edged Sword of Human Rights
Bruce Wardhaugh 9. The Reach of Human Rights
Dave Cowan and Sally Wheeler Part Three: Community and Human Rights 10. Communal Property Rights in International Human Rights Instruments: Implications for De Facto Expropriation
Ting Xu and Wei Gong 11. Property Right to Rural Land in Ethiopia: A Human Rights Perspective
Belachew Fikre 12. Customary Land Rights, Indigenous Rights and Land Expropriation in Cameroon: Ecosystem Services as a Possible New Approach in Valuing Compensation
Walters Nsoh
