Download or read book Legal Strategies for the Development and Protection of Communal Property written by Ting Xu and published by Oxford University Press, USA. This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst historically communal property has had very different meanings and functions in the UK, China, and other regions of the world, parallel developments are emerging, and modern perceptions are converging even as each region faces its own unique challenges in the management of land and natural resources. These developments have raised an important question: What legal strategies are most likely to promote the development and protection of communal property? Answers to this question will not only guide domestic debates on resource governance and community development, but also provoke global discussions and help to formulate global guidelines to address pressing challenges. Contributions to Legal Strategies for the Development and Protection of Communal Property focus on legal strategies for the development and protection of communal property as it relates to land and other natural resources, considering how these strategies 'map' over different jurisdictions (England and Wales, Scotland, South Africa, Cameroon, Italy, Israel, and China) and through different jurisprudential approaches. Legal Strategies for the Development and Protection of Communal Property looks at property beyond the traditional, individualist, and exclusive ownership model, placing the focus on communal property from different standpoints and linking the empirical perspective with the theoretical perspective. In doing so, it challenges the theory of communal property through empirical case studies, not only linking theory with practice but also linking the local with the global.
Download or read book Principles of Property Law written by Alison Clarke and published by Cambridge University Press. This book was released on 2020-06-11 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.
Download or read book Private Property Community Development and Eminent Domain written by Robin Paul Malloy and published by Routledge. This book was released on 2016-04-15 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.
Download or read book Property Meeting the Challenge of the Commons written by Ugo Mattei and published by Springer Nature. This book was released on 2023-03-23 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
Download or read book The Social Lives of Land written by Michael Goldman and published by Cornell University Press. This book was released on 2024-06-15 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the shaping of new homelands in the Cherokee Nation to the export of sand from Cambodia to shore up urban expansion in Singapore, The Social Lives of Land reveals the dynamics of contemporary social and political change. The editors of this volume bring together contributions from across multiple disciplines and geographic locations. The contributions showcase novel theoretical and empirical insights, analyzing how people are living on, with, and from their land. From Mozambique to India, Indonesia, Ecuador, and the colonial United States, the scholars in this collection uncover histories and retell stories with a focus on the lived experiences of rural and urban land dispossession and repossession. Contributors: Kati Álvarez, Clint Carroll, Flora Lu, Richard Mbunda, Gregg Mitman, Paul Nadasdy, Robert Nichols, Andrew Ofstehage, Laura Schoenberger, Kirsteen Shields, Emmanuel Sulle, Erik Swyngedouw, Gabriela Valdivia, Katherine Verdery, Callum Ward, Ciara Wirth, Emmanuel King Urey Yarkpawolo
Download or read book Research Handbook on the Sociology of Law written by Jiří Přibáň and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Download or read book Regulatory Property Rights written by Christine Godt and published by BRILL. This book was released on 2016-11-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Download or read book Research Handbook on Property Law and Theory written by Chris Bevan and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Download or read book Riparian Areas written by National Research Council and published by National Academies Press. This book was released on 2002-10-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.
Download or read book Natural Resources and Human Rights written by Jérémie Gilbert and published by . This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.
Download or read book Labour Law Utopias written by Nicolas Bueno and published by Oxford University Press. This book was released on 2024-08-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive work approach is used to question the centrality of economically productive work and its regulation in labour laws. The chapters in this book take a progressive approach and discuss whether and how labour law can contribute to the emancipation of work from the constraints of growth and productivity by revisiting the value, organization, and impact of work. With these utopian ideas for labour law, the contributions in this book present inspirational 'dots on the horizon' that could guide the direction of changes in labour law as it navigates issues such as the implementation of digital and green solutions, the energy crisis, migration, rising inequality, and precariousness. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
Download or read book Strategies for Resolving Environmental Land Use Disputes written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategies for Resolving Environmental Land Use Disputes is an authoritative, insider's perspective on advising clients in handling outstanding environmental issues, liabilities, and risks involved in land use development. Featuring partners and chairs from some of nation's leading law firms, these experts guide the reader through the variety of environmental issues that arise in land use disputes and define the responsibilities placed on the environmental attorney in these situations, including explaining compliance issues, helping establish corporate policies, and devising innovative green solutions. From the cleanup of contaminated property and the real estate purchase of this land to the development of brownfields and the push for greener construction practices, the authors explain the role environmental issues play in real estate transactions and development projects and provide advice for resolving these issues before they turn into complex and protracted disputes. Additionally, these leaders reveal their strategies for working with government agencies, preparing for new legislation, and staying on top of new developments in land, air, and water use. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field. Inside the Minds provides readers with proven business intelligence from C-level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an easy/thought leadership piece and is future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C -level standing within the professional community. Book jacket.
Download or read book Building Property Rights written by Jordan Luc Gans-Morse and published by . This book was released on 2011 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of property rights to economic and political development is widely recognized. Yet it remains unclear why institutions for protecting property rights often fail to emerge. Many scholars focus on leaders' incentives and assume that if institutions are "supplied," then firms will automatically use them. By contrast, this study emphasizes that firms often circumvent or subvert newly created institutions. Consequently, theories of property rights formation should not focus exclusively on whether or not leaders create institutions. They must also explain the conditions under which firms actually use formal institutions for protection. This study analyzes firms' strategies for protecting property rights in Russia and identifies conditions under which firms rely on state institutions. Observers of Russia frequently focus narrowly on high-profile property rights disputes and mistakenly conclude that the lawlessness of the 1990s persists. However, my original survey of Russian enterprises and in-depth interviews with firms, lawyers, and private security agencies reveal a remarkable shift in firms' strategies over time: Whereas Russian firms in the 1990s used illegal coercion -- such as mafia rackets -- to protect property, today they increasingly utilize law and formal institutions. To examine this shift in firms' strategies, I develop an analytical framework based on evolutionary game theory. The framework draws attention to several key characteristics of institutional development: (1) The expected payoffs to firms' strategies for protecting property depend on the interplay of direct effects (i.e., exogenous factors that determine the benefits and costs of a given strategy) and interactive effects (i.e., the extent to which other firms in an economy use a given strategy). (2) Over time, more effective strategies become predominant, due to mechanisms such as natural selection or adaptive learning. (3) A tipping point exists, at which society begins to break from a vicious cycle to a virtuous cycle. Relatively small changes can therefore initiate self-reinforcing cycles with large effects. Based on this analytical framework, the study investigates the sources of change in firms' strategies. Over the past decade, an incentive transformation has occurred. Firms now recognize that law is a more effective tool for protecting property than alternatives, such as private security agencies or informal connections with government officials. Three types of factors have shifted the benefits and constraints of illegal versus legal strategies in favor of law: (1) organizational changes within firms, such as the evolution of firm ownership structures; (2) changes in other institutional spheres, including the development of the tax administration and banking sector; and (3) changes from outside the domestic political and economic system, including the inflow of foreign investment. Incentive structures also explain variation across firms' strategies for protecting property. The nature of threats and available resources shape the relative benefits and constraints of using illegal versus legal strategies. Analysis of these two factors predicts the types of firms most likely to use legal strategies: (1) medium-sized firms rather than small or large firms; (2) firms that produce physical products rather than services; (3) firms that operate in large-scale rather than exclusively local markets; and (4) firms that lack informal connections to government officials. This study's conclusion explores pathways to the rule of law in transition and developing countries, with specific reference to Russia. Whether the rule of law will take root in Russia depends on the outcome of two conflicting tendencies: (1) increasing demand for law by firms; and (2) decreasing supply of law by predatory state officials.
Download or read book Incorporating the Digital Commons written by Benjamin J. Birkinbine and published by University of Westminster Press. This book was released on 2020-02-26 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of ‘the commons’ has been used as a framework to understand resources shared by a community rather than a private entity, and it has also inspired social movements working against the enclosure of public goods and resources. One such resource is free (libre) and open source software (FLOSS). FLOSS emerged as an alternative to proprietary software in the 1980s. However, both the products and production processes of FLOSS have become incorporated into capitalist production. For example, Red Hat, Inc. is a large publicly traded company whose business model relies entirely on free software, and IBM, Intel, Cisco, Samsung, Google are some of the largest contributors to Linux, the open-source operating system. This book explores the ways in which FLOSS has been incorporated into digital capitalism. Just as the commons have been used as a motivational frame for radical social movements, it has also served the interests of free-marketeers, corporate libertarians, and states to expand their reach by dragging the shared resources of social life onto digital platforms so they can be integrated into the global capitalist system. The book concludes by asserting the need for a critical political economic understanding of the commons that foregrounds (digital) labour, class struggle, and uneven power distribution within the digital commons as well as between FLOSS communities and their corporate sponsors.
Download or read book Concessionaires Financiers and Communities written by Kinnari Bhatt and published by Cambridge University Press. This book was released on 2020-03-19 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The untold story of how concessionaires, financiers and hidden private legal devices, implement and shape Indigenous peoples' rights to land.
Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Download or read book Patenting of Pharmaceuticals and Development in Sub Saharan Africa written by POKU ADUSEI and published by Springer Science & Business Media. This book was released on 2012-10-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically investigates the patent protection of medication in light of the threats posed by HIV/AIDS, malaria and tuberculosis epidemics to the citizens of countries in Sub-Saharan Africa (hereinafter “SSA” or “Africa”). The book outlines the systemic problems associated with the prevailing globalized patent regime and the regime’s inability to promote access to life-saving medication at affordable prices in SSA. It argues that for pharmaceutical patents to retain their relevance in SSA countries, human development concepts must be integrated into global patent law- and policy-making. An integrative approach implies developing additional public health and human development exceptions/limitations to the exercise of patent rights with the goal of scaling up access to medication that can treat epidemics in SSA. By drawing on multiple perspectives of laws, institutions, practices, and politics, the book suggests that SSA countries adopt an evidence-based approach to implementing global patent standards in domestic jurisdictions. This evidence-based approach would include mechanisms like local need assessments and the use of empirical data to shape domestic patent law-making endeavors. The approach also implies revising patent rules and policies with a pro-poor and pro-health emphasis, so that medication will be more affordable and accessible to the citizens of SSA countries. It also suggests considering the opinions of individuals and pro-access institutions in enacting crucial pieces of health-related statutes in SSA countries. The approach in this book is sensitive to the public health needs of the citizens affected by epidemics and to the imperative of building local manufacturing facilities for pharmaceutical research and development in SSA.
