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Author: John G. Sprankling
Publisher: Oxford University Press
ISBN: 0199654549
Category : Law
Languages : en
Pages : 433
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Book Description
International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.
Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Category : Law
Languages : en
Pages : 400
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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 But the view that property rights are exclusively governed by national law is obsolete.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: John G. Sprankling
Publisher: Oxford University Press
ISBN: 0199654549
Category : Law
Languages : en
Pages : 433
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Book Description
International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 0521199697
Category : Law
Languages : en
Pages : 559
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Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: Anthony D'Amato
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 696
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Book Description
Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.
Author: Henning Grosse Ruse-Khan
Publisher: Oxford University Press, USA
ISBN: 9780199663392
Category : Law
Languages : en
Pages : 0
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Book Description
Considers the approach to IP under international trade, bio-diversity and climate change law, reviewing the different answers these systems offer to legal questions on the protection of IP and how these approaches may be recognised within the international IP system.
Author: Amnon Lehavi
Publisher: Cambridge University Press
ISBN: 1108425127
Category : Law
Languages : en
Pages : 301
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Book Description
Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency
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:
Publisher: BRILL
ISBN: 9004511431
Category : Law
Languages : en
Pages : 440
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Book Description
This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.
Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
ISBN: 0857930303
Category : Political Science
Languages : en
Pages : 417
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Book Description
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Author: Janeen M. Carruthers
Publisher: Oxford Private International L
ISBN: 9780199271474
Category : Law
Languages : en
Pages : 0
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Book Description
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.
