Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law

Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law PDF Author: H. van Houtte
Publisher:
ISBN: 9780521898287
Category : Claims
Languages : en
Pages : 672

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Book Description

Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law

Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law PDF Author: H. van Houtte
Publisher:
ISBN: 9780521898287
Category : Claims
Languages : en
Pages : 672

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Book Description


Post-war Restoration of Property Rights Under International Law

Post-war Restoration of Property Rights Under International Law PDF Author: Hans Van Houtte
Publisher:
ISBN:
Category :
Languages : en
Pages : 377

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Book Description


Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume

Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume PDF Author: Hans Van Houtte
Publisher: Cambridge University Press
ISBN: 9780521898317
Category : Law
Languages : en
Pages : 728

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Book Description
Several international mass claims programmes have recently been established to process individual claims arising from armed conflicts. These entities possess specific institutional and structural features allowing for an effective and efficient resolution of claims. Moreover, violation of international law protecting property during war gives rise to inter-State and individual reparation, mostly partial, for which monetary compensation is more frequent than return of property. These programmes have also developed specific procedures to handle the administration of evidence and new techniques to decide all of the claims within a reasonable period of time. This 2-volume set reviews modern-day mass claims practice. Volume I shows how new mass claims programmes have built upon traditional dispute resolution mechanisms, and also examines the substantive law rules protecting property rights. Volume II focuses on the administration of evidence and the techniques developed to decide mass claims, including the use of statistical sampling.

Post-war Restoration of Property Rights Under International Law: Procedural aspects

Post-war Restoration of Property Rights Under International Law: Procedural aspects PDF Author: H. van Houtte
Publisher:
ISBN: 9780521898300
Category : Claims
Languages : en
Pages : 672

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Book Description


Post-conflict Administrations in International Law

Post-conflict Administrations in International Law PDF Author: Eric de Brabandere
Publisher: BRILL
ISBN: 9004180826
Category : Law
Languages : en
Pages : 352

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Book Description
Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.

New Directions in International Economic Law

New Directions in International Economic Law PDF Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191437
Category : Law
Languages : en
Pages : 612

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Book Description
Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.

Research Handbook on International Claims Commissions

Research Handbook on International Claims Commissions PDF Author: Chiara Giorgetti
Publisher: Edward Elgar Publishing
ISBN: 1839103795
Category : Law
Languages : en
Pages : 365

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Book Description
International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.

The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons PDF Author: Anneke Smit
Publisher: Routledge
ISBN: 1136331433
Category : Law
Languages : en
Pages : 268

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Book Description
The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.

The International Law of Property

The International Law of Property PDF 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.

Research Handbook on International Conflict and Security Law

Research Handbook on International Conflict and Security Law PDF Author: Nigel D. White
Publisher: Edward Elgar Publishing
ISBN: 1849808570
Category : Political Science
Languages : en
Pages : 699

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Book Description
ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.