Download or read book Property and Sovereignty written by James Charles Smith and published by Routledge. This book was released on 2016-04-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Download or read book Property Rights and Natural Resources written by Richard Barnes and published by Bloomsbury Publishing. This book was released on 2009-04-22 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
Download or read book The Meaning of Property written by Jedediah Purdy and published by Yale University Press. This book was released on 2010-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
Download or read book Indirect Sovereignty Through Property Rights written by Andreas Rahmatian and published by . This book was released on 2017 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space -- notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and in public law needs to be broadened. In particular, the forms of exercising de facto sovereignty are no longer confined to specific nation states but can increasingly be found with multinational corporations, and the legal instruments are situated more in private and commercial law (scientifically justified by mainstream economics) than in traditional public law and public international law.
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Download or read book Laws of Property Form 14 018 written by Sovereignty Education and Defense Ministry and published by Sovereignty Education and Defense Ministry (SEDM). This book was released on 2023-05-29 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary of the laws of property.
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Download or read book The Right of Sovereignty written by Daniel Lee and published by Oxford University Press. This book was released on 2021-08-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.
Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
Download or read book Sovereignty as Property written by Rene Uruena and published by . This book was released on 2013 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the right to property share a common function, and may be seen as equivalent. This paper intends to argue such equivalence. In order to do so, it builds on COASE's economic theory of property, and shows a close relation between COASE's Theorem and the work of Thomas Hobbes, which has, in turn, set much of the basic framework of modern international law. This interjection serves as the starting point for comparing Hobbes' Commonwealth with property rights, but finds considerable differences in their nature. However, these differences are not present when comparing property with the Commonwealth's main feature: sovereignty. By applying certain methodological tools of comparative law, these similarities lead us to conclude that sovereignty and property, as legal institutions, follow the same logic, a conclusion that will be useful for further theorization on international law & economics.
Download or read book Government Instituted Slavery Using Franchises Form 05 030 written by Sovereignty Education and Defense Ministry (SEDM) and published by Sovereignty Education and Defense Ministry (SEDM). This book was released on 2020-02-06 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the primary mechanism abused by the government to destroy the constitutional rights and sovereignty of the people.
Download or read book Contracting States written by Alexander Cooley and published by Princeton University Press. This book was released on 2009-05-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the middle of the 20th century, the cessation of sovereignty, either partial or complete, has become a commonplace of international relations. This volume examines how states divide & transfer sovereignty & functions, in particular how 'incomplete contracts' have come to assume a central role in the process.
Download or read book Human Rights and Sovereign Debts in the Context of Property and Creditor Rights written by Arturo C. Porzecanski and published by . This book was released on 2017 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-War conceptions of human rights have evolved independently of long-established theory and practice of property and creditor rights, to the detriment of the development and implementation of human rights law. This chapter attempts to build a first bridge between these two fields of law. It begins by recalling the strikingly different origin and implementation of 'human' versus property and creditor rights, because the differences have significant implications. Human rights laws are more honoured in the breach than in the observance in most parts of the world, principally because states accepted international standards governing the treatment of their own nationals in their own territory while reserving to themselves the sovereign right to enforce those rights as they saw fit. In sharp contrast, when it comes to property and creditor rights, there are few gaps between principled intentions, legal mandates, and actual enforcement. Property and creditor rights are important for the attainment of other human rights, especially those of an economic nature, and many human rights are connected to, and are rather inseparable from, broadly conceived property rights. There follows a discussion of the still wide gap between aspirational human rights and economic reality. The time has come for human rights scholars to ratchet down their expectations to match the very limited capacity of low-income and formerly communist countries most prone to human rights deficiencies to import the Western European welfare state model. The final section focuses on the poorly understood interconnections between sovereign debts and human rights. Neglect of property and creditor-rights considerations has led many contemporary human rights advocates down an infertile, if not inappropriate, intellectual and policy path. Speculation that contracts governing cross-border debts and investments may not be sufficiently compelling, at least relative to human rights commitments, is unwarranted and counterproductive.
Download or read book Property Rights from Below written by Olivier De Schutter and published by Routledge. This book was released on 2019-12-06 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.
Download or read book The Cornell Law Quarterly written by and published by . This book was released on 1916 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sovereignty as Exchange of Political Property Rights written by Alexander William Salter and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I develop a positive theory of sovereignty that is rooted in political exchange. The key concept I use to characterize sovereignty is self-enforcing exchange of political rights. I conclude that a sovereign is an individual or body party to political exchange that does not rest on third-party enforcement. Importantly, sovereignty is an emergent phenomenon, defined in the process of bargains between holders of political power. I describe how political bargains within and across polities influences the distribution of political rights characterized by sovereignty, and I conclude by showing how my conception of sovereignty is compatible with theoretical understanding, and practical existence, of polycentric governance.
