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Chi, Young-hae. "By what right do we own things? : a justification of property ownership from an Augustinian tradition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:5555bb1d-9d5c-4260-b2bc-3c04c61ecb31.
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The justification of property ownership based on individual subjective rights is tightly bound to humanist moral perspectives. God is left out as irrelevant to the just grounds of ownership, which is established primarily on the basis of human self-referential, moral capacity. This thesis aims at developing an alternative justification, both for property as an institution and as a private holding, with a view to bringing God back into the centre stage and thereby placing property ownership on the objective concept of right. A tradition hitherto generally left unnoticed, yet uncovered here as the source of inspiration, vests the whole project with a moral-teleological tone. The tradition, enunciated by St. Augustine and developed by St. Bonaventure and John Wyclif, invites us to see property from the perspective of a moral end: it ought to be used for the love of God and neighbours, and as such it can be owned only by the just. In spite of important insights into the moral nature of property, the Augustinian thesis not only fails to spell out what ‘use for love’ means but also suffers from elitism. Nor does it offer an adequate justification of private property. Such weaknesses call for revision. When we reinterpret the Augustinian thesis through the concept of the divine imperative of service coupled with a proper understanding of human work, property acquires a distinctive justification. Property, as an institution, is justified as a requisite for carrying out God’s redemptive work towards the world. From this general justification ensues the particular justification. We hold property as specifically ‘mine,’ since each person’s ordained mission to participate in God’s work requires a uniquely personal material means, although the recognition and fulfilment of individual mission still demands communal efforts. The duty to carry out the God-commanded mission at first allows us to possess private property only in a non-proprietorial and non-exclusive manner. Yet in the prevailing condition of economic scarcity and human greed, civil jurisdiction must provide a structure of rights to enforce property institution. As God’s invitation for the transformation of the world is a universal command, everybody should have a minimum of property, and yet in differentiation of the scope and kinds commensurate with the particularities of individual mission.
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Souza, Leonardo Barifouse de. "A legitimação do direito de propriedade." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=4893.
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A partir da identificação de fraturas no discurso dogmático do direito de propriedade, o trabalho propõe uma nova sistematização em torno do marco teórico da legitimação. Para tanto, serão utilizados as metodologias da análise do discurso, do estruturalismo e do funcionalismo. Num primeiro momento, haurem-se as estruturas que emolduram a discussão dominial no discurso ideológico de legitimação da propriedade. Tais estruturas servirão, numa etapa final, para dar coerência ao novo discurso dogmático. Após, apresenta-se o conflito entre o discurso dogmático tradicional do direito de propriedade, descrito conforme as lições dos manuais e tratados clássicos, e os elementos indicativos de um novo discurso. Embora a infiltração dos novos elementos discursivos tenha ocorrido de forma difusa, tenta-se traçar suas relações ocultas. Por fim, apresenta-se uma proposta de novo discurso dogmático, mais adequado às estruturas do discurso ideológico e ao atual contexto social, baseado, principalmente, em dois fatores de legitimação: a função individual e a função social da propriedade.<br>From the identification of fractures in the property rights dogmatical discourse, the work proposes a new systematization around the theoretical mark of legitimation. For this intent, the methodologies of the discourse analysis, the structuralism and the functionalism will be used. In a first moment, the structures that frame the property discussion are drawn in the property legitimations ideological discourse. These structures will be useful to give coherence to the new dogmatical discourse in a final stage. Later, the work presents the conflict between the property rights traditional dogmatical discourse, described following the lessons in classical manuals and treaties, and the elements which indicates a new discourse. Although the infiltration of the new discursive elements has occurred in a diffuse way, it tries to trace their hidden relations. In the end, it offers a proposal for a new dogmatical discourse, more adequate to the ideological discourses structures and to the present social context, based, mainly, in two legitimation factors: the individual function and the social function of property.
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Lewis, Matthew. "A Conception of Human Dignity : A study about human dignity as a guiding moral principle in the implementation and conflict of human rights." Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411680.
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The purpose of this study is to develop a fruitful conception of human dignity, a conception that can be used as a guiding moral principle when trying to resolve the conflict of rights. Specifically, the question that this study attempts to answer is what is a fruitful conception of human dignity and how can it be used to deal with concrete issues pertaining to human rights? Two reports from special rapporteurs propose two different courses of action regarding the implementation of the right to protection of property, and this is the conflict that the proposed conception of human dignity tries to resolve. To develop a conception of human dignity a broad conception of human dignity is initially developed, through the usage of a Rawlsian reflective equilibrium, and it is further developed through a combination of a reflective equilibrium, examination of the conception in relation to overall coherence with the human rights tradition, and a consequence analysis. The latter is done by utilizing a consequence analysis with the aforementioned courses of action being applied in a specific case, the case of Tanzania. By using a consequence analysis, a proposed conception of human dignity and a reflective equilibrium the conception of human dignity could be developed further and contribute to resolve the specific conflict of rights that could be found in the reports of the special rapporteurs. The conclusion drawn was that both of the proposed courses of action, regarding the implementation of the right to the protection of property and in relation to the proposed conception of human dignity, had desirable and less desirable consequences. Therefore, a third way was proposed that sought to bridge the gap between both courses of action, by combining elements of both, and to strengthen the condition-dignity for the parties affected.
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Cá, Luís Domingos Pereira. "Quotas individuais transferíveis e reforma da Política Comum de Pescas." Master's thesis, Instituto Superior de Economia e Gestão, 2017. http://hdl.handle.net/10400.5/15065.
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Mestrado em Economia e Políticas Públicas<br>Tem sido apontado à PCP falhas na resolução da sobre-exploração da pesca e da sobrecapacidade da frota. O que coloca sempre em aberto a utilização de outros instrumentos que permitam melhorar e tornar a gestão da pesca mais sustentável. Nesse sentido, surgem habitualmente associados os ITQ ou outros instrumentos de gestão baseados nos direitos de propriedade privada. A teoria económica apresenta estes instrumentos como solução para a "tragédia dos comuns", ou seja, bens de propriedade comum.
Apresentados os estudos de caso da Islândia e da Nova Zelândia, pretende-se demonstrar os efeitos práticos da implementação dos ITQ nas pescas.
Através da realização de entrevistas semiestruturada aos agentes ligados ao setor das pescas, em Portugal, foi possível aferir a sua perceção sobre a possível implementação dos ITQ nas Pescas Europeias.
Conclui-se que, de um modo geral, os agentes não concordam com a possível implementação dos ITQ na PCP.
Para investigações futuras indicam-se possíveis questões tais como: Qual a perceção dos agentes sobre a obrigação de descarga imposta pela nova PCP? Que efeitos terão ao nível da PCP as Alterações Climatéricas? E por último, a realização de um estudo aprofundado sobre a real situação da pequena pesca costeira em Portugal, como sobrevivem?<br>CFP has been criticized for being unable to resolve fishing over-exploitation and fleet overcapacity. This led to the use of other instruments to improve fisheries management and make it more sustainable. In this sense, it is usually associated with ITQs or other management tools based on private property rights.
Economic theory presents these instruments as solution's to solve the "tragedy of the commons", that is, common property.
Case studies of Iceland and New Zealand were presented to demonstrate the practical effects of the implementation of ITQs in fisheries.
Through semi-structured interviews with fishery agents in Portugal, it was possible to gauge their perception on the possible implementation of ITQs in European fisheries.
In general, the agents do not agree with the possible implementation of the ITQs in the CFP.
Future investigations suggests questions such as "what are the agents' perception on the discharge requirement imposed by the new CFP?";"What effects will climate change have on the CFP?"
Lastly, it requires an in-depth study on the real situation of small-scale coastal fishing in Portugal: how do they manage to survive?<br>info:eu-repo/semantics/publishedVersion
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Schmaltz, Benoît. "Les personnes publiques propriétaires." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30069/document.
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Comme la propriété privée, la propriété publique a été confondue avec les biens qui n’en sont que les objets. En droit privé, comme en droit public, il est possible, pourtant, de considérer que la propriété n’est pas un bien. Droit subjectif, la propriété est la puissance que le sujet exerce sur les biens. Formellement, elle est le droit de jouir et de disposer des choses conformément au droit objectif. Matériellement, elle variera en fonction du statut de droit objectif qui habilite le sujet de la propriété, le propriétaire. Les personnes publiques, sujets de l’action publique, sont propriétaires sur le fondement d’une compétence que leur assigne immédiatement l’obligation d’agir dans l’intérêt public. La compétence attribue aux personnes publiques un droit de propriété public, affecté au service du seul intérêt public. Envisager les personnes publiques propriétaires au lieu de la propriété des personnes publiques, aura permis de contribuer à la théorie des ordres juridiques partiels comme représentation de la distinction du droit public et du droit privé. Cela conduit à proposer une définition juridique de l’action publique : l’ensemble d’activités mises en œuvre à partir de l’exercice, par les personnes publiques, de leurs droits subjectifs publics, de puissance et de propriété<br>As it is the case for private property, the public property was long time confused with the goods that are its objects. However, in public law as in private law, we should consider that property right is not a good. Being an individual right, the property stands for the power exerted by a subject over goods. Formally, it is the right to enjoy and dispose of goods according to law. Materially, it will vary depending on the applicable law which empowers the owner, subject of the property. Public entities, subjects of public action, are owners based on a competency immediately assigned to them by their duty to act in the public interest. This competency grants to public entities a right to public property only affected to the public interest. Focusing on the public persons as owners instead of considering only their property helps contributing to the theory of partial legal orders (“théorie des ordres juridiques partiels”) as a representation of the distinction between public and private law. This finally leads to suggest a legal definition of the public action as a set of activities implemented by the public persons in the exercise of their subjective rights of property
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Waldron, Jeremy. "The right to private property /." Oxford : Clarendon press, 1990. http://catalogue.bnf.fr/ark:/12148/cb355769636.
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Banning, Theo Robert Geerten van. "The human right to property /." Antwerpen : Intersentia, 2002. http://catalogue.bnf.fr/ark:/12148/cb39070177x.
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Schroeder, Jeffrey S. "Right grantors and right seekers : a theory for understanding the comparative development of intellectual property rights /." view abstract or download file of text, 2001. http://wwwlib.umi.com/cr/uoregon/fullcit?p3004002.
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Thesis (Ph. D.)--University of Oregon, 2001.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 260-272). Also available for download via the World Wide Web; free to University of Oregon users.
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Scolnicov, Anat. "Freedom of religion or belief : group right or individual right?" Thesis, London School of Economics and Political Science (University of London), 2006. http://etheses.lse.ac.uk/1925/.
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Freedom of religious and belief is a recognized right in international law. In order to understand, interpret, develop and implement this right, it is important to go back and analyse the fundamental reasoning behind this right. Freedom of religion and belief is a contradictory right: a freedom for self-constraint. It is a double-sided right, a right of expression and a right of identity, two aspects related to individual and group perceptions of this right. Therefore, this right must be understood through a conflict between competing conceptions of individual and group rights. International law should protect the religious freedoms of individuals, and should protect groups only as derivative from the rights of individuals, and never in contravention of them, and generally does so. Current tendencies towards recognising group rights raise concerns, highlighting the importance of this determination. The conceptual analysis of the right serves as a critical tool for discussion of specific conflicts of rights regarding religious freedom, in different area of legal regulation. Different state constitutional structures concerning religion have important implications for analysis of the group/individual conflict. A categorization of constitutional arrangements shows that each presents problems for guaranteeing religious freedom. The constitutional analysis shows religions have public characteristics, and so must abide by human rights norms. The recognition of group rights compromises state neutrality, central to liberal theory. Whatever their constitutional arrangement, states must allow participation in religious communities while protecting individual rights. Particular conflicts are analysed: A conflict between group and individual rights exists between community religious autonomy and women's rights. While international law has been decisive in mandating supremacy of individual rights in this conflict, it has not addressed some of the root causes undermining women's individual rights. Children's religious freedom, in conflict between state, religious group, family, and child, has not always been amply protected in international law, due to absence of differentiation between group and individual interests. Lastly, use of speech by individuals directed against, or in conflict with, religious groups, such as blasphemy, proselytism or hate speech, is addressed. Discussion of these conflicts examines difficulties created, and shows that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, ultimately only an individualistic approach of international law is a coherent way of protecting religious freedom as a human right.
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Waldron, Jeremy James. "Right-based arguments for private property." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385804.
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Jetzinger, Daniela. "Begriff, Bedeutung und Handhabung des Grundrechtes auf Eigentum in den Transitionsstaaten des Balkan, verdeutlicht anhand der Rechtslage und Spruchpraxis in Serbien und Montenegro, Bosnien und Herzegowina, Kroatien sowie Bulgarien /." München : GRIN Verlag, 2006. http://deposit.d-nb.de/cgi-bin/dokserv?id=2849664&prov=M&dok_var=1&dok_ext=htm.
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Ulvsbäck, Anna. "Standardizing individual environmental protection as a human right /." Zürich [u.a.] : Schulthess, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/391432400.pdf.
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Olivetti, Alfred M. "Protecting property rights in America." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=770.
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Thesis (Ph. D.)--West Virginia University, 1999.<br>Title from document title page. Document formatted into pages; contains vi, 187 p. : ill. (some col.), map Includes abstract. Includes bibliographical references (p. 166-176).
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Schlee, Günther. "Collective identities, property relations, and legal pluralism /." Halle/Saale : Max Planck Institute for Social Anthropology, Max-Planck-Gesellschaft, 2000. http://www.eth.mpg.de/pubs/Working%20Paper%201.pdf.
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Del, Risco Sotil Luis Felipe. "The surface right." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123347.
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This article addresses over the regulation of the surface right in the Peruvian Law along with its main points of contact with other important institutions in the field of real estate. The author points the evolution of this figure in the Peruvian legislation and determinates its legal nature and its characteristics, establishing its relation with the principle of real estate accession property and the implications of the transitional division that the surface generates. In other relevant aspects, the article addresses the ways of acquisition of such ownership, the role of inscription in the configuration of the surface, the reimbursement of the value of the buildings and the extinction of this property right.<br>Este artículo trata sobre la regulación del derecho real de superficie en el Derecho peruano y sus principales puntos de contacto con otras importantes instituciones en el ámbito inmobiliario. El autor aborda la evolución de dicha figura en la legislación peruana y determina la naturaleza jurídica y características del referido derecho, estableciendo su relación con el principio de accesión inmobiliaria y las implicancias de la división transitoria predial que genera la superficie. En otros aspectos relevantes, en este artículo se desarrollan las formas de adquisición de dicha titularidad, el papel de la inscripción en la configuración de la superficie, el reembolso del valor de las edificaciones y la extinción de este derecho real.
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Lai, Lawrence Wai-chung, and 黎偉聰. "Property rights analysis of zoning." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31234240.
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Lai, Lawrence Wai-chung. "Property rights analysis of zoning /." Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13829865.
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Paul, Ana Carolina Lobo Gluck. "Limites à autonomia privada." Pontifícia Universidade Católica de São Paulo, 2008. https://tede2.pucsp.br/handle/handle/8078.
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Previous issue date: 2008-05-28<br>Private autonomy is one of the main principles of Civil Law and it indicates the power
given by juridical order to people to rule their own juridical relationships. The private
autonomy concept itself reveals that this power isn t absolute. It means that people s
will must be conformed to public order rules and good behavior. Some of theses
limits are easy to be applied because they are detailed by law. However, there are
limits in juridical order that are general clauses, and other limits that even have
express determination, but are given by the dynamic of the system. In theses
hypothesis, its complex to define private autonomy limits, due to the inexistence of a
generic formula that can be applied to every situation. In these cases, the limits are
extract case by case, taking into consideration elements that, sometimes, are beyond
juridical order. This work aims to study private autonomy limits that are
consequences of the general clauses, the property social function, the contract social
function, the good-faith and from the conflict between private autonomy and
individual rights<br>A autonomia privada é um dos princípios estruturantes do Direito Civil e consiste no
poder que as pessoas têm de regulamentar suas relações jurídicas, nos limites
fixados pelo ordenamento jurídico. O próprio conceito de autonomia privada revela
que esse poder não é absoluto, o que significa que a vontade dos sujeitos deve
estar conformada a normas de ordem pública e aos bons costumes. Alguns desses
limites são de fácil aplicação por estarem detalhados na própria lei. Há, porém,
limites que estão contidos no ordenamento sob a forma de cláusulas gerais e outros
que sequer contam com determinação expressa, mas são depreendidos pela
dinâmica do sistema. Nessas hipóteses, a determinação dos limites à autonomia
privada é mais complexa, pois não há uma formulação abstrata aplicável a todas as
situações, devendo os limites ser extraídos caso a caso, levando em consideração
fatores que, às vezes, transcendem o próprio ordenamento jurídico. O propósito
dessa dissertação é estudar os limites à autonomia privada, decorrentes das
cláusulas gerais da função social da propriedade, função social do contrato, boa-fé
objetiva e da colisão entre a autonomia privada e os direitos individuais
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Hu, Yongming. "Shi chang jing ji yu chan quan gai ge." Beijing : Zhongguo ren min da xue chu ban she, 1993. http://books.google.com/books?id=_A4yAAAAMAAJ.
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Dittmer, Timothy. "A property rights approach to antitrust analysis /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/7501.
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Ndlovu, Nokuthula. "Realising the right to property for women in rural Lesotho." University of Western Cape, 2021. http://hdl.handle.net/11394/8366.
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Magister Legum - LLM<br>The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human and Peoples’ Rights as well as the Maputo Protocol. The right to property is further guaranteed under various Constitutions. However, despite the guarantee to the right to property, many women in Africa are deprived of their property rights.
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Kittrich, Jan. "The Right of Individual Self-Defense in Public International Law /." Berlin : Logos Berlin, 2008. http://d-nb.info/989123898/04.
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Na, Renhua, and 娜仁花. "Property rights analysis of building material pricing." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193493.
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The institution of property rights, as an important category of constraints or restrictions on human behaviour, provides rules of competition, and delineates the social and legal relationship between a resource owner and the others throughout the world. Forms of ownership rights to resources affect the efficiency of their use. The consensus is that in a real world with significant transactions costs and scarce resources, private property right systems lead to more efficient resource allocation than the others do.
Previous studies about economic implications of non-exclusive resources have focused on the problems of resource misallocations. A few studies also worked on the effects that alternate property rights structures have on the prices and variations in prices of non-exclusive resources. However, the economic analysis of property rights attribute of natural resources used as building materials, such as natural sand and wood, is still an unexplored research area.
The objective of the whole research is to empirically verify Angello and Donnelley's (1975) property rights thesis, as reinterpreted by Lai (1993a) and Lai and Yu (1995), that the variations in prices of non-exclusive resources are much greater than those under more exclusive ownership; and to identify, alternatively, the factors that might have affected ownership rights, inferred from changes in the variations in prices of the resources.
In this thesis, published historical data of natural sand, Total declared costs of new buildings completed, Gross & Usable floor area, Gross value of construction work, and published government data of prices for selected buildings materials, namely Portland cement, sand, hardwood, and plywood, were used. The prices of captured and cultured shrimps, which are collected from super market and street market by the author, were also checked and used. These resources are subject to different degrees of access restrictions and, hence, are good candidates for testing the hypotheses.
Basically, the hypotheses formulated in this research are strongly supported. The main findings are that the variations in prices of non-exclusive resources are greater than those of exclusive resources; for the same resource, the price ratios of exclusive resource and non-exclusive resource would fall over time.
This is an original contribution to the theory of property rights.
The originality of this dissertation lies in its exploration of the economic relationship between property rights ownership and selected building materials, as well as in the application of variances to the research of building materials. This is a novel contribution to research on Hong Kong’s sustainable development as she heavily relies on the real estate market for economic development.<br>published_or_final_version<br>Real Estate and Construction<br>Doctoral<br>Doctor of Philosophy
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Geho, Medard Lucas. "An analysis of individual property performance and data constraints in the UK commercial property market." Thesis, University of Reading, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363707.
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Arakchaa, Tayana. "Household and property relations in Tuva." [Boise, Idaho] : Boise State University, 2009. http://scholarworks.boisestate.edu/td/38/.
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Cakuls, Tom. "The individual, property and discursive practice in Burton and Locke /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56959.
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This thesis attempts a critical analysis of modern individualism through an examination of its origins in the seventeenth century. In this thesis I discuss the notion of autonomous and self-responsible individuality as a culturally constructed and culturally specific idea. Furthermore, I describe autonomy as only one of a complex of related features of the modern individual, including a withdrawn and objectifying stance toward the natural world, values and other human beings.<br>In this thesis, I examine two seventeenth-century authors--Robert Burton and John Locke--each of whom represents a different conception of individuality. Burton emulates communal conceptions of identity characteristic of the Middle Ages and Renaissance, while Locke describes an essentially modern, analytical individuality based on the control and possession of an objectified "other".<br>The theoretical framework for this analysis is derived from Michel Foucault and Timothy Reiss' description of the transition from the Renaissance to the seventeenth century as a transition between different epistemes or discourses. Throughout this thesis, I supplement this essentially structuralist approach with perspectives from Medieval, Renaissance and seventeenth-century cosmology, literary theory, political theory and epistemology.
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Carver, Peter John. "Millar v. Taylor (1769) and the new property of the eighteenth century." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28822.
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The reception of copyright in the English common law in the eighteenth century provides a unique opportunity to study the jurisprudential concept of property rights at a moment of change. While copyright, or to use the contemporary term, the "right of copy", had been in the process of development since the introduction of the printing press into England in 1476, it was not until 1709 that Parliament enacted the first copyright statute, the Statute of Anne 8 Anne, c. 19. Sixty years later in Millar v. Taylor 4 Burr 2303, 98 Er 202, the Court of King's Bench considered the nature and purpose of copyright for the first time. The case arose in the course of the "literary property debate", a commercial struggle between rival booksellers for predominance in the emerging book trade.
This paper proceeds through a detailed study of the genesis and theoretical background of Millar v. Taylor to address two questions: (1) in what sense did copyright constitute a "new property" in the common law, and how did it contribute to a conceptual change in property rights; (2) how did English courts conceive of "authorship" during the evolution of copyright, and how, in turn, did copyright as it emerged from the literary property debate alter the role of the author ?
The judgments of Justice Joseph Yates and of William Murray, Lord Mansfield, offered particular insights into each
of these questions. Justice Yates, in dissent, perceived that copyright posed a challenge to traditional property theory, especially to arguments grounded in natural law. As its subject matter was the intangible of literary ideas and expression, he argued the need for limits to be imposed on copyright in the interests of the public domain. The property right could not be derived from value, as it was the right itself which created value. Lord Mansfield adopted a natural law approach, but located it largely in the personal, as opposed to proprietary, interests which copyright served. The author's interests in privacy and in controlling the product of his intellectual labour formed, for him, a principal justification for the property right.
The paper explores these ideas, first, by giving a close reading to the precedent cited in Millar v. Taylor (1769), and tracing back through precedent cited therein to the roots of intellectual property in English law. Second, the insights of Justice Yates and Lord Mansfield are taken forward through subsequent developments in legal theory and copyright.
In particular, the recognition, which followed Millar v. Taylor and vindicated Justice Yates' position, of copyright as a statutory property designed and limited by political choice is shown as characterising the leading theoretical approaches to property rights-- including utilitarian, Realist and critical approaches—which now predominate in jurisprudence. Further, Lord Mansfield's understanding of the dual purpose of
copyright is examined in relation to a personhood justification of property, and in terms of the evolution of copyright as a property regime for protecting factual works of information, and fictional works of imagination. The paper endeavours to highlight both the concern for public domain and for personal interests of authors which had such significance in the early development of copyright.<br>Law, Peter A. Allard School of<br>Graduate
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Cotula, Lorenzo. "Property rights, negotiating power and foreign investment : an international and comparative law study on Africa." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/3235.
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Property rights are crucial in shaping foreign investment and its socio‐economic outcomes. Their allocation, protection and regulation influence the way the risks, costs and benefits of an investment are shared. For investors, the protection of property rights is a tool to shelter their business interests from arbitrary host state interference. For local people affected by an investment project, it may offer an avenue to secure their livelihoods, through providing safeguards against arbitrary land takings. Tensions may arise between different sets of property rights, as host state regulation to strengthen local resource rights may raise project costs and interfere with investors’ rights ‐ for example, under the international‐law regulatory taking doctrine, or “stabilization clauses” in investor‐state contracts. While there are vast literatures about the international law on foreign investment, the human right to property, and national law on investment, land and natural resources in Africa, this study analyses in an integrated way how the different sets of property rights involved in an investment project are legally protected under applicable law, whether national, international or “transnational”. The study explores whether the property rights of foreign investors and affected local people tend to enjoy differentiated legal protection; and, if so, whether the legal protection of “stronger” property rights may constrain efforts to strengthen “weaker” ones. This research question has both theoretical and practical implications. Differences in the strength of legal protection may affect negotiating power. Weak legal protection and negotiating power make local resource users vulnerable to arbitrary dispossession of their lands. From a theoretical standpoint, linking legal analysis to an analysis of negotiating power in foreign investment projects can provide insights on the relationship between law and power ‐ in a globalised world, does the law serve more powerful interests, can it be used to empower disadvantaged groups, or is it rather irrelevant?.
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Lučinski, Dariuš. "Nuosavybės teisės objekto problema doktrinoje ir teismų praktikoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_153835-86748.
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In this study author analyzes definition of object of property right in different legal doctrines and judiciary practice and offers how to solve this problem. The object of the property right is described through relationships with other legal categories: object of civil right, object of thing right, object of obligation. Also author analyzes the definitions of property and things and their relations with property right. Author unfolds signs of things and discoveries property definition.
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Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.
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Nie, Zhigang Albert, and 聶致鋼. "Property rights implications on the development of urban villages in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197557.
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History may show that in complex social economic systems, should other conditions be controlled, different initial settings of property rights may bring different results. This thesis will test if different initial property rights settings in urban villages have resulted in different forms of housing development. Empirical data collected from three Chinese cities (Shenzhen, Guangzhou, and Xi'an) showed that the absence of clear and enforceable private property rights in these urban villages has led to high density housing developments uncontrolled by regulations. As a result, rents collected from these villages were lower, which, in turn, led to the earlier renewal of each development. The underlying mechanism is illustrated using an integrated property rights and transaction cost framework, which is testable against empirical observations. Major contributions of the thesis should include the empirical identification of different existing outcomes, the theoretical explanation of the conditions leading to variations in those outcomes, and the testing of various implications (e.g. the effect of high negotiation costs on high building density, the effect of rent increases on the promotion of legal renewals, and the effect of high policing costs on illegal projects).<br>published_or_final_version<br>Real Estate and Construction<br>Doctoral<br>Doctor of Philosophy
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謝建煌 and Kin-wong Che. "On the formation of property rights." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31976487.
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Delibasis, D. "The right of states to individual self-defense in information warfare operations." Thesis, University of Westminster, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.434366.
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Bornschein, Peter. "Right-Libertarianism and the Destitution Objection." Bowling Green State University / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1462900713.
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Donziger, Alan J. "Property rights the issue of eminent domain, a legal and constitutional analysis /." Click here for download, 2007. http://proquest.umi.com/pqdweb?did=1276419901&sid=1&Fmt=2&clientId=3260&RQT=309&VName=PQD.
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Condon, Andrew Michael. "Property rights and the investment behavior of U.S. Agricultural Cooperatives." Diss., This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-09162005-115032/.
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Shum, Wing-hung Alex. "The housing reforms in Shanghai the structural change of property rights /." Click to view the E-thesis via HKUTO, 2003. http://sunzi.lib.hku.hk/hkuto/record/B31969197.
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Erten, Mustafa Guven. "Property Problems In Post- Earthquake Urban Redevelopment Process: A Case Study In City Of Adapazari." Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12605621/index.pdf.
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This thesis investigates the underestimated ownership constraints in built-up urban areas as the determining characteristic of the urban redevelopment process after the Marmara Earthquake. In the first part of the study, public provisions for permanent housing have been surveyed. It is observed that relocation of the survivors entitled to such housing sites considerably far away from existing urban areas has generated the need for many adjustments on the property patterns. Without any framework for the remaining ownership and development rights in those damaged urban areas, nearly 43 000 housing units have been developed mostly by the state in order to compensate for the lost properties of disaster survivors. On the other hand, municipalities could not commence any considerable redevelopment framework in damaged urban areas after the earthquake. They were restricted to revising their development plans with respect to new geological surveys and to redefining the ideal building regulations with low building heights. Adaptation of these renewed plans to existing conditions has necessitated an immense amount of property readjustments. However, this is nearly impossible with existing plan implementation instruments which are incapable of mandating the exchange mechanisms for the reduced development rights. Lack of three dimensional property adjustment and purchasing methods different from constructions option engendered the implementation problem of these development plans prepared after the earthquake.
In this framework, a field survey has been carried out in the city of Adapazari and the post-earthquake urban redevelopment process is investigated. Transformation of the properties are plotted in Ç<br>ark Street, where the required resharing of reduced development rights with respect to new development plan can be partially observed.
Besides, the success of the forthcoming urban planning process in Turkey, which is composed of urban rehabilitation and risk mitigation works, again depends upon the capacity to realize ownership and development right transformation in urban environments. As a result, the Marmara Earthquake presents the necessary inputs and justification to restructure the property institution in urban planning.
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Rostill, Luke. "Fundamentals of property law : possession, title and relativity." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:11453d68-6492-422b-b555-db2b2215fa80.
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This thesis is concerned with the doctrine of title by possession and the doctrine of relative title. Many property lawyers believe that these doctrines are elementary, important and interesting. But, while virtually everyone accepts that possession of land or chattels is a source of title and that titles are relative, the doctrines have long been a focus of debate. The nature of possession, the nature of the possessor's title, and the relationships between possession, relative title and ownership have been particularly contentious. Accordingly, this thesis seeks to provide sound answers to the following questions: (1) what, in this context, is possession? (2) What is the nature of the title that is acquired by taking possession of land or chattels? (3) Does English law recognise landownership and chattel-ownership?-and, if it does, is a person who acquires, by virtue of his or her possession, a title to land or chattels the (or an) owner of the land or chattels? It is argued in Chapter 2 that, for the purposes of the doctrine of title by possession, the general rule is that a person is in possession of land or chattels if and only if she has: (i) a sufficient degree of exclusive physical control; and (ii) an intention to possess. Chapters 3-5 are concerned with the second question. It is argued that, upon obtaining possession, a person acquires, in cases involving land, an estate in fee simple absolute in possession and, in cases involving chattels, a general property interest. Chapter 6 is concerned with the third question. It is argued that English law does recognise landownership and chattel-ownership; and that a person who acquires a title by obtaining possession of land or chattels owns the land or chattels if her title is supreme but not if it is inferior.
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Gómez-Martinez, Osvaldo. "Property rights, growth and development : an in-depth cross-national comparative analysis." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708486.
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Birdyshaw, Edward Leon. "Property rights and the environmental Kuznets' curve /." view abstract or download file of text, 2004. http://wwwlib.umi.com/cr/uoregon/fullcit?p3147814.
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Thesis (Ph. D.)--University of Oregon, 2004.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 91-96). Also available for download via the World Wide Web; free to University of Oregon users.
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Lu, Fujia. "Bureaucratic corruption and institutional changes in China : a property rights view /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.
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Fails, Matthew David Krieckhaus Jonathan Tabor. "The political economy of property rights institutions, interests, and economic prosperity /." Diss., Columbia, Mo. : University of Missouri--Columbia, 2009. http://hdl.handle.net/10355/6972.
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Title from PDF of title page (University of Missouri--Columbia, viewed on Feb 26, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. Jonathan Krieckhaus. Vita. Includes bibliographical references.
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Golton, Christina Jane. "From yesterday's house to tomorrow's home : changes to dwellings by right to buy purchasers." Thesis, University of Salford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360398.
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Stubbs, Matthew Thomas. "The eminent domain in Australia: the ’individual rights’ approach to s 51 (xxxi) of the Australian Constitution." Thesis, 2011. http://hdl.handle.net/2440/71494.
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The interpretation of ‘acquisition of property on just terms’ in s 51(xxxi) of the Australian Constitution is contested. This thesis re-evaluates the historical, theoretical and comparative contexts of the placitum, and comprehensively examines the High Court’s s 51(xxxi) jurisprudence since Federation, in order to identify the best interpretation of the placitum – that is, one which is contextually coherent, doctrinally consistent and capable of resolving current interpretive controversies. The genesis of s 51(xxxi) is traced to two traditions: the English constitutional protection of private property expressed in the theory of Locke and Blackstone, as reflected in nineteenth century legislative practice in England and the Australian Colonies; and the European public law theory of eminent domain, as constitutionalised in the United States. Both traditions required full market-value compensation in every individual case when private property was appropriated. This was the understanding of s 51(xxxi) reflected in the Convention Debates and other relevant historical materials, and these contexts were habitually referenced by the Framers of the Australian Constitution. To the extent that the American experience contained a more robust justification for the requirement of compensation, and had been rigorously enforced by the Courts, s 51(xxxi) followed the American model. This is the interpretation of s 51(xxxi) adopted by the High Court for the first forty
years: one focussed on the placitum’s purpose of protecting ‘individual rights’, and not on its role in conferring a ‘legislative power’. This changed after World War Two, when Justice (and later Chief Justice) Dixon led the Court away from its earlier jurisprudence and from the contextual understanding of s 51(xxxi), replacing the focus on the individual with a dominant concern to maximise legislative power. The s 51(xxxi) jurisprudence has never fully recovered from this deviation, despite increasing instances of reversion to aspects of the ‘individual rights’ approach over the ensuing years. To the extent that agreed difficulties remain in the Court’s interpretation of s 51(xxxi), this thesis demonstrates that the complete adoption of the ‘individual rights’ approach is the only contextually coherent and doctrinally consistent solution to those difficulties, given the historical, theoretical and comparative contexts of s 51(xxxi) and the development of the High Court’s jurisprudence interpreting the placitum.<br>Thesis (Ph.D.) -- University of Adelaide, Law School, 2011
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Lopes, Alice Neves de Brito. "O Exercício do Direito de Reversão face às Expropriações por Utilidade Pública." Master's thesis, 2018. http://hdl.handle.net/10316/85717.
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Dissertação de Mestrado em Direito: Especialidade em Ciências Juridico-Forenses apresentada à Faculdade de Direito<br>Esta Dissertação, realizada no âmbito do segundo ciclo de Estudos em Direito – Mestrado em Ciências Jurídico Forenses, tem como intuito a exploração da figura do Direito de Reversão numa visão garantística e constitucionalmente consagrada do mesmo.O Direito de Reversão afigura-se como uma das garantias que o Código das Expropriações confere ao particular face à atividade expropriativa da Administração. Assim, pretendemos alicerçar a função deste direito como primordial garantia do particular perante a atuação autoritária e intrusiva da Administração no cumprimento da sua árdua tarefa de prossecução do superior interesse público, encontrando o seu corolário no Direito Fundamental de matriz constitucional do Direito à Propriedade Privada. Há que entender que a prossecução de fins de utilidade pública pela Administração, por vezes, não é possível sem que colida com os direitos dos cidadãos. O técnico toma o território como o seu objecto que procurará ordenar urbanísticamente de maneira a atingir o seu aproveitamento ótimo; mas, sobre esse território existirão sempre direitos privados, maxime a propriedade. Estes direitos surgirão, tendencialmente como impedimentos à obtenção dos objectivos urbanísticos e como obstáculos à racionalidade técnica . Se em alguns casos é possível acordar com estes termos dessa prossecução de interesses públicos, noutros é necessário recorrer a formas autoritárias, possibilitando-se que um determinado direito ou bem seja adquirido por uma outra entidade sem o consentimento do titular do direito.Contudo, devem ser evitados os extremismos e buscar um ponto de equílibrio: se não se deve tomar as posições patrimoniais assumidas como interesse único a tutelar, pondo em causa a comunidade, também não se deve seguir cegamente uma mentalidade tecnológica pura. Há que tentar chegar à maior medida de satisfação dos vários interesses que se debatem.Assim, nesta busca pelo alcance do ponto médio, de equílibrio perfeito, entre a função social da propriedade e a proteção do direito do particular, pretendemos encontrar o pressuposto que legitima a atuação administrativa naquilo que são as suas atribuições e competências. Procuramos aqui demonstrar que este fundamento se encontra na vinculação da atividade administrativa aos princípios conformadores da sua atuação, nomeadamente ao princípio da proporcionalidade, no seu sub-princípio da necessidade. Só em honra deste princípio se justifica a imposição de sacrifícios ao particular, e sem ele a manutenção daquele sacrifício não mais pode ser imposto.Para um melhor entendimento da temática que serve de base ao Direito de Reversão, iremos versar brevemente sobre o Direito à Propriedade Privada, a sua consagração como figura constitucional e o impacto constitucional do Direito do Urbanismo. As referências à natureza dos Direitos Fundamentais, assim como à sua subspécie de Direitos Liberdades e Garantias, contudo, serão reduzidas às necessárias para um enquadramento no tema, pois bem o sabemos que uma abordagem mais profunda a essa matéria de Direito Constitucional seria tema para várias teses e levaria a um afastamento do tema.Assim, visa-se demonstrar que o Direito de Reversão, como garantia da salvaguarda do direito privado, deve ser garantido de forma coesa e efetiva durante todo o procedimento expropriativo. Pretendemos com isto delimitar este mesmo procedimento, perfilhando que este direito do particular de reaver o bem deve ser exercido em qualquer momento e qualquer que seja a forma e via de transferência do direito de propriedade do bem para o domínio da Entidade Expropriante.<br>This dissertation, carried out within the scope of the second cycle of Studies in Law - Masters in Forensic Legal Sciences, aims to explore the figure of the Right of Reversal in a guaranteed and constitutionally consecrated vision of the same.The Right of Reversal appears as one of the guarantees that the Code of Expropriations confers on the individual against the expropriative activity of the Administration. Thus, we intend to base the function of this right as the primary guarantee of the individual before the authoritarian and intrusive action of the Administration in fulfilling its arduous task of pursuing the superior public interest, finding its corollary in the Fundamental Law of constitutional matrix of the Right to Private Property.It must be understood that the pursuit of public utility purposes by the Administration is sometimes not possible without it interfering with the rights of citizens. The technician takes the territory as its object that will seek to order urbanistically in order to achieve its optimal use; but on this territory there will always be private rights, maxime the property. These rights will arise, tending as impediments to the achievement of urban objectives and as obstacles to technical rationality. If in some cases it is possible to agree with these terms of this pursuit of public interests, in others it is necessary to resort to authoritarian forms, making it possible for a given right or property to be acquired by another entity without the consent of the right holder.However, extremism must be avoided and a point of balance must be sought: if one does not take the patrimonial positions assumed as a single interest to protect, by questioning the community, one should not blindly follow a pure technological mentality. We must try to reach the greatest satisfaction of the various interests that are being discussed.Thus, in this search for the reach of the midpoint, perfect equilibrium, between the social function of property and the protection of the right of the individual, we intend to find the presupposition that legitimizes the administrative action in what are its attributions and competences. We seek here to demonstrate that this foundation lies in the linking of administrative activity to the principles that shape its performance, namely the principle of proportionality, in its sub-principle of necessity. Only in honor of this principle justifies the imposition of sacrifices to the individual, and without it the maintenance of that sacrifice can no longer be imposed.For a better understanding of the theme that underlies the Right of Reversal, we will briefly discuss the Right to Private Property, its consecration as a constitutional figure and the constitutional impact of Urbanism Law. The references to the nature of Fundamental Rights, as well as to its subspecies of Rights Freedoms and Guarantees, however, will be reduced to those necessary for a framing in the subject, since we know that a deeper approach to this matter of Constitutional Law would be the theme for several thesis and would lead to a departure from the theme.Thus, it aims to demonstrate that the Right of Reversion, as a guarantee of the safeguard of private law, must be guaranteed in a cohesive and effective manner throughout the expropriation procedure. We intend to delimit this same procedure, stating that this right of the individual to recover the good must be exercised at any time and regardless of the form and way of transferring the property right from the property to the domain of the Expropriating Entity.
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Yeh, Ling-yin, and 葉玲吟. "Intellectual property right." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/10104631010033216625.
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碩士<br>東吳大學<br>經濟學系<br>85<br>The intellecttual property rights(IPR) has raised varised
arguments and issues in developed and developing countries since
1980s. We have recently faced a pressure from the United States
in protecting its intellectual property rights,and a challenge
of joining the World Trade Organization. This study consists of
the American Institute in Taiwan and the Coorgination Council of
North American Affairs(AIT-CCNAA) to improve the protection of
IPR, establishingdomestic index of IPR excution, and analyzing
and researching the execution of IPR in Taiwan.The result of
this study are summarized as follows:1.The IPR has been
significantly proteced in judiaial side under the pressurefrom
the United Stutes.2.The factors affected the degree of IPR
include the economic growth or recession,the unemployment, the
pressyre from the U.S. under the special 301,and the index of
execution on IPR.3.The empirical results indicate the political
influence (i.e. the pressyre fromthe U.S.) plays an importment
role in the degree of protection of IPR and thejudicial decision
in Taiwan.
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Lin, Yan-hong, and 林彥宏. "Coase Theorem Under Imperfect Property Right." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/53430068643363335652.
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碩士<br>國立高雄大學<br>應用經濟學系碩士班<br>103<br>The main feature of this thesis is to explore Coase Theorem under imperfect property right. The so called imperfect property right means a property can be acquired by either voluntary transaction or seizure (law-breaking). Based on Schmitz (2001) model, we first verify the Coase Theorem with cost being full information. Then we discuss the case when law-breaking cost is private information. We found that with only imperfect property right not only can efficiency be achieved but the distribution is also improved.
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Chiou, Hueih-Lih, and 邱惠立. "A Study on the Intellectual Property Right Securitization—From the Viewpoint of the Intellectual Property Right Management." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/4uk6xr.
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Thurk, Jeffrey Michael. "Quantitative analyses of intellectual property right protection." Thesis, 2010. http://hdl.handle.net/2152/ETD-UT-2010-05-1185.
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Research has demonstrated that the effects of intellectual property right (IPR) protection on firm research and competitive strategies are varied. This dissertation quantifies the dynamic effects of IPR protection along different dimensions. First, I show that countries choose different levels of IPR protection and develop a model to replicate these differences. This model enables me to assess the quantitative effects of trade, as well as the welfare impacts of global harmonization to a single IPR standard. Second, I explore whether IPR protection in the US is too strong. I develop a model in which firms make production and innovation decisions conditional on endogenous technological spillovers. I fit the model to key moments from US data and show that weakening patent protection is welfare decreasing. Thirdly, I show that changing US IPR standards during the 1980s had little real effect on the US Semiconductor industry vis-a-vis exogenous changes in market demand.<br>text