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Author: Jean Ho
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262
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Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.
Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Category : Law
Languages : en
Pages : 457
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Book Description
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Author: Jean Ho
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262
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Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.
Author: Roger Tennant Fenton
Publisher:
ISBN: 9781877511493
Category : Personal property
Languages : en
Pages : 946
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Book Description
The two-volume 7th edition of the highly regarded GARROW AND FENTON'S LAW OF PERSONAL PROPERTY IN NEW ZEALAND provides in-depth coverage of personal property securities as well as all other types of personal property. The 7th edition enlarges the role of previous editions, examining recent developments in a wholly modern context. The only comprehensive and completely up-to-date treatment of the topic of personal property in New Zealand. The two-volume work comprises over 2000 pages of commentary, allowing for in-depth treatment of the relevant topics. Continuation of a well-known and long-established book in the New Zealand market. A must-have title for anyone practising in a commercial or general practice. Written by Dr Roger Fenton, a highly regarded expert in this area of law. Volume 1 covers all types of personal property and includes detailed commentary on ownership of goods or tangible things, fixtures, gifts, bailment, liens, ships (including maritime liens), choses in action, and special forms of choses in action and incorporeal property. It also includes an overview of personal property securities.
Author: Alberto Costi
Publisher:
ISBN: 9781877511042
Category : International law
Languages : en
Pages :
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Book Description
Public International Law: A New Zealand Perspective is a major work for students of the public international law elective, practitioners and large firms with global practices. This book examines the events and cases that have affected New Zealand as a nation and as a Pacific island, and espouses the fundamental principles of international law from this perspective. New Zealand experience and interests with international law differ from the European- or US-centric studies for reasons of geographical and regional needs. This book looks at developing understanding of compliance with, rather than enforcement of, international law principles, with each chapter containing a case study and list of additional readings that can aid understanding of the topic covered. The author panel is overflowing with New Zealand international law experts, who have provided academically rigorous content relevant to New Zealand and the Pacific Rim.
Author: James J. Fawcett
Publisher: Oxford University Press
ISBN: 019955658X
Category : Law
Languages : en
Pages : 1056
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Book Description
This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author: Rudolf Dolzer
Publisher: Oxford University Press
ISBN: 019267241X
Category : Law
Languages : en
Pages : 582
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Book Description
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 1847319696
Category : Law
Languages : en
Pages : 1140
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Book Description
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.
Author: Monique Sasson
Publisher: Kluwer Law International B.V.
ISBN: 9041161104
Category : Law
Languages : en
Pages : 435
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Book Description
This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
Author: Graeme B. Dinwoodie
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1496
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Book Description
This clearly-written casebook discusses public international intellectual property law (the obligations regarding intellectual property protection undertaken and imposed on states) found in treaties and similar instruments. It also includes extensive discussion of the acquisition and enforcement of intellectual property rights internationally by private rights holders. This latter discussion encompasses treatment of international and regional industrial property registration agreements. The authors include materials relating to all forms of intellectual property: patents, copyrights and related rights, trademark and unfair competition, trade secrets, geographical indications, and industrial designs.
