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Despite the absence of a comprehensive global pact on the subject, the human right to property protection—a right of property but only rarely to specific property—exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War's omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights advocates, as well as by many across the political spectrum from many on the left (who associate property rights with misguided "Western" models for economic development) to some on the right (who see it as yet another intrusion on sovereign discretion sought by global elites). It is also resisted by U.S. courts which continue to assert that international law regulates the treatment of foreign property but not of "domestic takings" involving actions directed at a state's own citizens. This Article surveys the reality of internationalized property rights protections outside the usual context in which it is addressed, namely to protect the property of foreign investors in the host states in which they operate. It canvasses the policy and jurisprudential objections to the idea of a treaty-based human right of property, addresses how the U.S. has contributed to the internationalization of this human right, and contrasts the property caselaw of the Inter-American Court of Human Rights with the ways U.S. courts have largely resisted the idea that the international human right of property exists. It addresses how human rights treaties respond to objections to property rights writ large and uses, inter alia, the property rulings of the Inter-American Court of Human Rights to advance a non-instrumentalist defense of the human right to property protection based on "moral intuitions" of what human dignity requires. Finally, the Article defends the fragmented nature of the distinct international regimes that protect property from those who would seek to harmonize its contours either through a global agreement or by recognizing its status as customary law.

AbstractThe two main theses of "The Natural Right of Property" are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an "inherent feature" conception of the actions through which (initial) rights over extra-personal objects arise with a "practice" conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights.

The basis of discussion on antitrust policy — the property rights theory — is identified in the article. The author analyses both some aspects of the new institutional theory and value judgments that are used in defining goals of state economic policy. He concludes that the tasks of antitrust policy should be changed and proposes some directions for such correction.

AbstractThis article contends that liberalism in America underwent a fundamental transformation during the Progressive Era. This transformation took place, partly, through the Progressives' reinterpretation of the doctrine of property rights that had served as a foundation for founding-era liberalism. Progressives rejected the eighteenth-century, natural-rights principles which had privileged individual rights to life, liberty, and property as the fundamental aims of any just government, and argued instead that America at the turn of the twentieth century was beset by a tyranny of the minority which was employing property rights to inhibit genuine freedom for the bulk of the population. This article examines the character of founding-era liberalism and points to the connection between the political theory of the Declaration of Independence and John Locke'sSecond Treatise of Government. It then provides an account of the Progressive critique of this original version of American liberalism. The Progressive critique is shown to take two forms: a rejection of property rights in principle, followed by a rejection of them in practice.

Selected theme, aims to highlight some of the current issues concerning the right of property as one of the fundamental human rights. Although the Albanian Constitution provides and guarantees the right of ownership , there are a lot of problems regarding the practical effectiveness of these arrangements, the executive titles of ownership and prior compensation in the case of the removal of this right Consequently , the current situation clearly shows that, there is still superposition of these ownership titles and very little legal protection , because the transactions remain informal action apparently by law.According to the analysis of ECHR decisions and EC's recommendations, in some cases, there is a "gap" between law and practice of the Albanian courts and international directions, causing crash between European standards and Albanian legal culture. In the context of respect and guarantee of the fundamental human rights, it's necessary a great commitment to complete and consolidate the system of property in general and essentially not violated these rights .The consolidation and guarantee of ownership it's closely related to the consolidation of the democratic state .

Hauptbeschreibung Die Fälle der osteuropäischen Deutschen und der Palästinenser zeigen, dass sich Flüchtlinge und Vertriebene in der zwischenstaatlich dominierten Welt nach 1945 nicht erfolgreich auf einen menschenrechtlichen Eigentumsrechtsschutz berufen konnten. These der Dissertation ist, dass sich das Recht auf Eigentum von Flüchtlingen und Vertriebenen jedoch zu Beginn des 21. Jahrhunderts zu einem universellem Menschenrecht zumindest hinsichtlich seiner abwehrrechtlichen Komponente gewohnheitsrechtlich verfestigt hat. Zur Begründung werden neben bedeutsamen regionalen Entwickl.

1. Introduction -- 2. Property rights -- 3. The argument from first occupancy -- 4. The labor theory of property acquisition -- 5. Arguments from utility -- 6. The argument from political liberty -- 7. Considerations of moral character -- 8. Anti-property arguments -- 9. The justification of property rights.

Hauptbeschreibung: Die Fälle der osteuropäischen Deutschen und der Palästinenser zeigen, dass sich Flüchtlinge und Vertriebene in der zwischenstaatlich dominierten Welt nach 1945 nicht erfolgreich auf einen menschenrechtlichen Eigentumsrechtsschutz berufen konnten. These der Dissertation ist, dass sich das Recht auf Eigentum von Flüchtlingen und Vertriebenen jedoch zu Beginn des 21. Jahrhunderts zu einem universellem Menschenrecht zumindest hinsichtlich seiner abwehrrechtlichen Komponente gewohnheitsrechtlich verfestigt hat. Zur Begründung werden neben bedeutsamen regionalen Entwicklungen zugun

This article explores concubinage, a widespread form of quasi-marriage in Qing China (1644–1911), and its relationship with motherhood and social mobility. By examining legal codes and court records, this research challenges the academic paradigm, mainly based on literati writings, that portrays concubines as reproductive tools for their husband-masters and their husband-masters' wives. It shows that bearing or raising sons or daughters helped concubines achieve upward social mobility recognized and protected by law and that motherhood remained the major source of power and security for concubines in the Qing. After household divisions, concubine-mothers gained lifelong custodial rights of property, which formally consolidated concubine-mothers' upward mobility from daughters or widows in lower-class families to matriarchs in well-to-do households.

The standard neoclassical model of economics is incapable of explaining why one form of organisation arises over another. It is a model where transaction costs are implicitly assumed to not exist; however, transaction costs are here defined as the costs of strengthening a given distribution of economic property rights, and they always exist. This book presents a study of how individuals organise resources to maximise the value of their economic rights over these resources. It offers a unified theoretical structure to deal with exchange, rights formation, and organisation that traditional economic theory often ignores. It explains how transaction costs can be reduced through reorganisation and, in the end, how the distribution of property rights that exists is the one that maximises wealth net of these transaction costs.