Comparative Property Law
Comparative Property Law

Author: Michele Graziadei

Publisher: Edward Elgar Publishing

Published: 2017-01-27

Total Pages: 515

ISBN-13: 1785369164

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Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

Territorial Sovereignty
Territorial Sovereignty

Author: Anna Stilz

Publisher:

Published: 2019

Total Pages: 303

ISBN-13: 0198833539

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This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.

Land Law and Policy in Israel
Land Law and Policy in Israel

Author: Haim Sandberg

Publisher: Indiana University Press

Published: 2022-07-05

Total Pages: 268

ISBN-13: 0253060478

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As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.

Between Fragmentation and Democracy
Between Fragmentation and Democracy

Author: Eyal Benvenisti

Publisher: Cambridge University Press

Published: 2017-08-31

Total Pages: 247

ISBN-13: 1108267319

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Between Fragmentation and Democracy explores the phenomenon of the fragmentation of international law and global governance following the proliferation of international institutions with overlapping jurisdictions and ambiguous boundaries. The authors argue that this problem has the potential to sabotage the evolution of a more democratic and egalitarian system and identify the structural reasons for the failure of global institutions to protect the interests of politically weaker constituencies. This book offers a comprehensive understanding of how new global sources of democratic deficits increasingly deprive individuals and collectives of the capacity to protect their interests and shape their opportunities. It also considers the role of the courts in mitigating the effects of globalization and the struggle to define and redefine institutions and entitlements. This book is an important resource for scholars of international law and international politics, as well as for public lawyers, political scientists, and those interested in judicial reform.

African Land Reform Under Economic Liberalisation
African Land Reform Under Economic Liberalisation

Author: Shinichi Takeuchi

Publisher: Springer Nature

Published: 2021-10-10

Total Pages: 215

ISBN-13: 9811647259

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This open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting. Countries such as Rwanda and Mozambique have utilised land reform to strengthen state control over land, but other countries, such as Ghana and Zambia, have seen the rise in power of traditional chiefs in managing the land. The comparative perspective of this book clarifies new features of African social changes, which are carefully investigated by area experts. Providing new perspectives on recent land reform, this book will have a considerable impact on scholars as well as policymakers.

Governing Global Land Deals
Governing Global Land Deals

Author: Wendy Wolford

Publisher: John Wiley & Sons

Published: 2013-09-30

Total Pages: 301

ISBN-13: 1118688244

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This collection of essays in Governing Global Land Deals provides new empirical and theoretical analyses of the relationships between global land grabs and processes of government and governance. Reframes debates on global land grabs by focusing on the relationship between large-scale land deals and processes of governance Offers new theoretical insights into the different forms and effects of global land acquisitions Illuminates both the micro-processes of transaction and expropriation, as well as the broader structural forces at play in global land deals Provides new empirical data on the different actors involved in contemporary land deals occurring across the globe and focuses on the specific institutional, political, and economic contexts in which they are acting

Property Law in a Globalizing World
Property Law in a Globalizing World

Author: Amnon Lehavi

Publisher: Cambridge University Press

Published: 2019-01-17

Total Pages: 301

ISBN-13: 1108587372

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Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.

Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal
Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal

Author: V. Warikandwa

Publisher: African Books Collective

Published: 2017-09-26

Total Pages: 575

ISBN-13: 9956763225

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One of the fundamental challenges in deconstructing, rethinking and remaking the world from a Pan African vantage point is that some captives have tended to delight in the warmth of the [imperial] predators mouth. In other words, some captives forget that the imperial predators mouth gets warm because empire is eating and heating up from prey on the continent. (De-)Militarisation, Transnational Land Grabs and Restitution in an Age of the New Scramble for Africa: A Pan African Socio-Legal Perspective is a book that knocks on key aspects relating to land, militarisation, a PostAfrican World Order and a chaotic Post-God World Order, which require critical scholarly and policy attention in the quest to free Africa from centuries-old imperial depredations. The book carefully navigates the imperial entrapments which are designed to focus African attention only on decolonising African minds without also engaging in the [imperially more unsettling] decolonisation of African materialities.

Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal
Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal

Author: Warikandwa, Tapiwa V.

Publisher: Langaa RPCIG

Published: 2017-09-26

Total Pages: 575

ISBN-13: 9956762598

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One of the fundamental challenges in deconstructing, rethinking and remaking the world from a Pan African vantage point is that some captives have tended to delight in the warmth of the [imperial] predator’s mouth. In other words, some captives forget that the imperial predator’s mouth gets warm because empire is eating and heating up from prey on the continent. (De-)Militarisation, Transnational Land Grabs and Restitution in an Age of the New Scramble for Africa: A Pan African Socio-Legal Perspective is a book that knocks on key aspects relating to land, militarisation, a PostAfrican World Order and a chaotic Post-God World Order, which require critical scholarly and policy attention in the quest to free Africa from centuries-old imperial depredations. The book carefully navigates the imperial entrapments which are designed to focus African attention only on decolonising African minds without also engaging in the [imperially more unsettling] decolonisation of African materialities.

A Liberal Theory of Property
A Liberal Theory of Property

Author: Hanoch Dagan

Publisher: Cambridge University Press

Published: 2021-04-15

Total Pages: 343

ISBN-13: 1108311067

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Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.