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Dissertations / Theses on the topic 'Property rights; Land law'
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1
O'Connor, Pamela Anne. "Security of property rights and land title registration systems." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/7726.
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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.
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Harun, Azmi. "Land acquisition : a comparative study of English and Malaysian law." Thesis, University of Reading, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360715.
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Howe, Helena Rebecca. "Developing constraints on property rights in the community interest : concepts of ownership and the limitation of property rights in land and copyright law." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/538.
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There is a dominant ideology of property in land law, the ‘liberal model’, in which the rights of the property owner are perceived as being absolute. However, there is an alternative model, the ‘stewardship model’, in which property rights are intrinsically limited by obligations to the community. The community can be understood as having certain claims in respect of privately-owned land. The accommodation of these ‘community claims’ necessitates the imposition of constraints on the rights of the property owner. Whichever model of property is dominant will have a significant impact on the development of constraints on property rights that can accommodate the community claims effectively. Whilst Locke’s theory of property has traditionally been used to support the liberal model, a more holistic reading of this theory indicates a closer resemblance to the stewardship model. As such, its use to support the liberal model should be re-considered. Although various constraints on property in land do exist, the influence of the liberal model has meant that many of these constraints have failed to develop into tools which could accommodate the community claims effectively. In the context of copyright law the community has claims to access and use copyright works that are analogous to the community claims in the context of land. Copyright law has long been influenced by the law of property in land. It is currently being influenced strongly by the liberal model, which is undermining the development of limitations on the rights of the copyright owner which would be necessary to accommodate these community claims. It is suggested that the liberal model is, to some extent, being replaced by the stewardship model as the dominant ideology of property in land. The stewardship model provides a more sympathetic environment for the development of constraints on property rights that could accommodate the community claims effectively. If copyright law adopted the stewardship model as the dominant ideology of property, in place of the liberal model, this would facilitate the development of limitations in copyright law.
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Kaunda, Moses. "Land policy in Zambia : evolution, critique and prognosis." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/251635.
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Musole, Maliti. "Land policy and the urban land market in Zambia : property rights, transaction costs, and institutional change." Thesis, University of Glasgow, 2007. http://theses.gla.ac.uk/4951/.
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This study examines, comparatively, the effects of Zambia's post-colonial (1975 and 1995) land policy reforms on the urban land market transactions. It focuses on land delivery, land transfer and exchange, and land valuation and pricing. The central thesis of the study is that land policy reforms matter even for the urban land market. Proceeding from this premise, the study conceptualises the effects of land policy on the land market as one set of institutions (namely, land policy reforms) modifying or radically restructuring (and, hence, impacting on) the other set of institutions (viz. property rights and the land market generally). Grounded in the new institutional economics approach, the conceptual framework focuses on property rights, transaction costs and institutional change. The philosophical framework is post-positivist. Methodologically, the research design is largely qualitative and employs a multiple data collection and analysis strategy. Central to this methodological approach are the concepts of critical multiplism and triangulation. The overall research findings suggest, overwhelmingly, that land policy reforms matter to urban land market transactions. More specifically, the study finds that, in so far as land delivery is concerned, both the 1975 and 1995 reforms had a similar detrimental impact. However, their effects differed markedly in specific areas with regard to land transfer and exchange, on the one hand, and land valuation and pricing, on the other. In patticular, the latter reforms were less pernicious than the former. Consequently, the study recommends land policy reforms that minimise the policy-generated detrimental effects identified in the land market operations. The effects in question naturally revolve around property rights and transaction costs.
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Maxwell, Douglas. "Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.
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This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
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Grattan, Donald Scott Law Faculty of Law UNSW. "The logos of land: economic and proprietarian conceptions of statutory access rights." Awarded by:University of New South Wales. Law, 2006. http://handle.unsw.edu.au/1959.4/24368.
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Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.
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Davis, C. J. "The effects of estoppel, waiver and the doctrine of benefit and burden on property interests in land." Thesis, University of Nottingham, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.380963.
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Pappa, Marianthi. "The unbalanced protection of private rights in land and maritime delimitation : the necessity of an equilibrium." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237933.
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Paasch, Jesper M. "Standardization of Real Property Rights and Public Regulations : The Legal Cadastral Domain Model." Doctoral thesis, KTH, Fastighetsvetenskap, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-96760.
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The objective of this thesis is to develop a conceptual model for classification of real property rights and public regulations. The model is called the Legal Cadastral Domain Model. The model is intended to be a terminological framework for cross-border exchange of cadastral information. Parties exchanging cadastral information via the model do not require detailed knowledge of the legal system in which the right or regulation is created. The model is based on the principle that real property rights and public regulations influence real property ownership by being either beneficial or encumbering for the real property owner. The theoretical departure of the research presented in this thesis is in comparative legal theory and terminology. Real property rights and public regulations are important parts of real property legislation as they describe and secure the use and other exploitation of land, water and air. The research is conducted through studies in real property legislation and associated literature. The model has been developed through case studies on real property rights in Portugal, Germany, Ireland, the Netherlands and Sweden and public regulations in Portugal and Sweden. The generated results show that it seems possible to describe real property rights and public regulations regardless of their legal origin, at least in Western legal systems. The thesis also includes a discussion of terminological aspects concerning definitions of three-dimensional (3D) real property. The thesis consists of a summary and 6 papers.QC 20120629
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Bekele, Melaku. "Forest property rights, the role of the state, and institutional exigency : the Ethiopian experience /." Uppsala : Dept. of Rural Development Studies, Swedish Univ. of Agricultural Sciences, 2003. http://epsilon.slu.se/a409-ab.html.
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Basajjasubi, Allan Nsubuga. "Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25203.
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Prior to the advent of the Constitution and constitutional democracy land policies of the apartheid state secured resource ownership and control of land exclusively for the white minority, whilst dispossessing large communities of black, coloured and Asian people and banishing them to designated "native reserves". Shortly before the transition to democracy liberation groups together with the old apartheid regime, sought to negotiate on land policies which not only constitutionalized property rights but which also constitutionalized a priority to land reform in order to redress the injustices of the past. This paper examines whether the law, as captured in s 25 of the bill of rights, stood in the way of government inn unfolding a progressive programme of land reform. As a contribution to the debate surrounding issues on the appropriateness of the expropriation of land as a means of accelerating the pace of land reform, this papers offers a critical lens through which the state's current land reform policies are evaluated against the Constitution's transformative agenda of facilitating for an equitable system of land rights that provide development opportunities for black and coloured South Africans. Through an analysis of constitutional jurisprudence-including academic literature and legislation- this paper aims to investigate whether section 25 by reason of a lacking of sufficient expropriation and redistribution, as mechanisms for accelerating land reform, is anti-transformation. By deconstructing section 25 (the property clause) my paper offers insight into the controversial and rebuttable presumption that it is in fact not the Constitution but the state, that is responsible for frustrating and impeding the pace of transformation via constitutionally permissible land reform.
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Zenzile, Mlamli Lennox. "A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures /." [S.l. : s.n.], 2007. http://eprints.ru.ac.za/1294/.
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Moyo, Kerbina. "Women's Access to Land in Tanzania : The Case of the Makete District." Doctoral thesis, KTH, Fastighetsvetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-202913.
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Access to land is crucial for combating discrimination. Women who are denied such access tend to be disadvantaged, a pattern that results in economic powerlessness. Tanzana is among the most undeveloped nations in the world, where gender inequalities with respect to accessing land are central problems. This study consequently aims at investigating women's access to land through customary land tenure in the Makete district in Tanzania. A case study strategy was adopted to address the research problem, whereby interviews, focus group discussions and documentary reviews were the main data collection methods. The findings indicate that the majority of women within villages are illiterate; unaware of any existing entitlements and lacking insufficient assets to fight for their rights, and that their involvement in land administration institutions is limited. At the familiy level, daughters and women are deprived of any right to possess land through inheritance because relatives believe they will be married to other families from which they will then gain access to land. This generally has been proven not to be the case. After marriage, women commonly are apportioned land strictly for crop cultivation (usufruct rights). Consequently, there are many challenges in realising women's property rights in Tanzania. These challenges include the dualisim of the property rights system: customary tenure operates alongside statutory tenure; inadequate knowledge about women's property rights by both women and men; negative attitudes towards women's influence, position, capability and reputation; outdated customs; archaic and conflicting interests in laws; and lack of legal capacity (empowerment) as to property rights. The most important tools for meeting these challenges include education and awareness campaigns that are designed to build the capacity of citizens as to the necessity of equity in access to property rights (land) using various legal tools at varying levels. Other measures include amending and repealing outdated laws, including provisons dicriminating against women's property rights and contradicting constitutional provisons and other international instruments. Other avenues are advocacy and working for behavioural chages can also be invoked by empowering individuals at all stages of life, supporting their involvement in productive activities and creating group networks, and facilitating the formation of community-based organisations as well as building capacity by mainstreaming land adminstration institutions.QC 20170315
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Dube, Phephelaphi. "Reconsidering historically based land claims." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1836.
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Thesis (LLM (Public Law))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: The 1996 Constitution provides in s 25(7) that individuals and communities who had been dispossessed of rights in land after 19 June 1913, as a result of past discriminatory laws, may claim restitution or equitable redress. The Restitution of Land Rights Act 22 of 1994 reiterates the 1913 cut-off date for restitution claims. The cut-off date appears to preclude pre-1913 land dispossessions. Various reasons are cited for this date, the most obvious being that it reflects the date on which the Black Land Act came into effect. The Richtersveld and Popela decisions of the lower courts appear to confirm the view that historically based land claims for dispossessions that occurred prior to 1913 are excluded from the restitution process. In Australia and Canada restitution orders have been made possible by the judicially crafted doctrine of aboriginal land rights. However, historical restitution claims based on this doctrine are constrained by the assumption that the Crown, in establishing title during colonisation, extinguished all existing titles to land. This would have meant that the indigenous proprietary systems would have been lost irrevocably through colonisation. In seeking to overcome the sovereignty issue, Australian and Canadian courts have distinguished between the loss of sovereignty and the loss of title to land. In this way, the sovereignty of the Crown is left intact while restitution orders are rendered possible. South African courts do not have to grapple with the sovereignty issue since post-apartheid legislation authorises the land restitution process. The appeal decisions in Richtersveld and Popela recognised that some use rights survived the colonial dispossession of ownership. This surviving right was later the subject of a second dispossession under apartheid. By using this construction, which is not unlike the logic of the doctrine of aboriginal title in fragmenting proprietary interests, the second dispossession could then be said to meet the 1913 cut-off date, so that all historically based land claims are not necessarily excluded by the 1913 cut-off date. However, it is still possible that some pre-1913 dispossessions could not be brought under the umbrella of the Richtersveld and Popela construction, and the question whether historically based restitution claims are possible despite the 1913 cut-off date will resurface, especially if the claimants are not accommodated in the government’s land redistribution programme
AFRIKAANSE OPSOMMING: Die 1996 Grondwet bepaal in a 25(7) dat individue en gemeenskappe wat na 19 Junie 1913 van ‘n reg in grond ontneem is, as gevolg van rasgebaseerde wetgewing en praktyke, geregtig is om herstel van sodanige regte of gelykwaardige vergoeding te eis. Die Wet op Herstel van Grondregte 22 van 1994herhaal die 1913-afsnydatum vir grondeise. Dit lyk dus asof die afsnydatum die ontneming van grond voor 1913 uitsluit. Verskeie redes word vir hierdie datum aangevoer, waarvan die bekendste is dat dit die datum is waarop die Swart Grond Wet in werking getree het. Dit beslissing van die laer howe in beide die Richtersveld- en die Popela-beslissings bevestig blykbaar dat ontneming van grond of regte in grond voor 1913 van die restitusie-proses uitgesluit word. In Australië en Kanada is restitusiebevele moontlik gemaak deur die leerstuk van inheemse grondregte. Historiese restitusie-eise in hierdie jurisdiksies word egter aan bande gelê deur die veronderstelling dat die Kroon, deur die vestiging van titel gedurende kolonialisering, alle vorige titels op die grond uitgewis het. Dit sou beteken dat die inheemsregtelike grondregsisteme onherroeplik verlore geraak het deur kolonialisering. Ten einde die soewereiniteitsprobleem te oorkom het die Australiese en Kanadese howe onderskei tussen die verlies van soewereiniteit en die verlies van titel tot die grond. Op hierdie wyse word die soewereiniteit van die Kroon onaangeraak gelaat terwyl restitusiebevele steeds ‘n moontlikheid is. Suid-Afrikaanse howe het nie nodig gehad om die soewereiniteitskwessie aan te spreek nie omdat post-apartheid wetgewing die herstel van grondregte magtig. Die appélbeslissings in Richtersveld en Popela erken dat sekere gebruiksregte die koloniale ontneming van eiendom oorleef het. Die oorblywende gebruiksregte is later ‘n tweede keer ontneem as gevolg van apartheid. Deur gebruikmaking van hierdie konstruksie, wat dieselfde logika volg as die leerstuk van inheemsregtelike regte en berus op fragmentasie van eiendomsaansprake, kan gesê word dat die tweede ontneming van grond wel binne die 1913-afsnydatum val. Gevolglik sal alle historiese restitusie-eise nie noodwendig deur die 1913- afsnydatum uitgesluit word nie. Dit is steeds moontlik dat sommige pre-1913 ontnemings nooit onder die vaandel van die Richtersveld- en Popela-beslissings gebring sal kan word nie, en die vraag of histories gebaseerde eise moontlik is ongeag die 1913-afsnydatum sal daarom weer opduik, veral indien die grondeisers nie geakkommodeer word in die grondherverdelingsprogram van die staat nie.
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Haas, Johanna Marie. "Law and Property in the Mountains: A Political Economy of Resource Land in the Appalachian Coalfields." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1204466619.
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Yanou, Michael A. "Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1003214.
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This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
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Ntwasa, Bayanda. "Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/134.
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This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
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Slade, Bradley Virgill. "The justification of expropriation for economic development." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71965.
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Thesis (LLD)--Stellenbosch University, 2012.ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and public interest in terms of the 1996 Constitution. This leads to a discussion of whether third party transfers for economic development purposes are generally for a public purpose or in the public interest. The legitimacy of the purpose of both the expropriation and the transfer of property to third parties in order to realise the purpose is considered. Conclusions from a discussion of foreign case law dealing with the same question are used to analyse the South African cases where third party transfers for economic development have been addressed. Based on the overview of foreign case law and the critical analysis of South African cases, the dissertation sets out guidelines that should be taken into account when this question comes up again in future. The dissertation also considers whether an expropriation can be set aside if alternative means, other than expropriating the property, are available that would also promote the purpose for which the property was expropriated. Recent decisions suggest that alternative and less invasive measures are irrelevant when the expropriation is clearly for a public purpose. However, the dissertation argues that less invasive means should be considered in cases where it is not immediately clear that the expropriation is for a valid public purpose or in the public interest, such as in the case of a third party transfer for economic development. The role of the public purpose post-expropriation is considered with reference to purposes that are not realised or are abandoned and subsequently changed. In this regard the dissertation considers whether the state is allowed to change the purpose for which the property was expropriated, and also under which circumstances the previous owner would be entitled to reclaim the expropriated property when the public purpose that justifies the expropriation falls away. It is contended that the purpose can be changed, but that the new purpose must also comply with the constitutional requirements.
AFRIKAANSE OPSOMMING: Artikel 25(2) van die Grondwet van 1996 vereis dat `n onteining slegs vir `n openbare doel of in die openbare belang mag plaasvind, en dat vergoeding betaalbaar is. In die proefskrif word die openbare doel en openbare belang geanaliseer in die lig van onlangse regspraak wat veral verband hou met die onteining van grond wat oorgedra word aan derde partye vir doeleindes van ekonomiese ontwikkeling. Die openbare doel vereiste word geanaliseer in die lig van respraak voor die aanvang van die grondwetlike bedeling om beide die openbare doel en openbare belang in terme van die Grondwet van 1996 te verstaan. Op grond van hierdie bespreking word die vraag ondersoek of die onteiening van grond vir ekonomiese ontwikkeling en die oordrag daarvan aan derde partye vir `n openbare doel of in die openbare belang is. Gevolgtrekkings uit `n oorsig van buitelandse respraak waarin dieselfde vraag reeds behandel is dien as maatstaf vir die Suid-Afrikaanse regspraak oor die vraag te evalueer. Op grond van die kritiese analise van die buitelandse regspraak word sekere aanbevelings gemaak wat in ag geneem behoort te word indien so `n vraag weer na vore kom. Die vraag of `n onteiening ter syde gestel kan word omdat daar `n alternatiewe, minder ingrypende manier is om die openbare doel te bereik word ook in die proefskrif aangespreek. In onlangse regspraak word aangedui dat die beskikbaarheid van ander, minder ingrypende maniere irrelevant is as die onteiening vir `n openbare doel of in die openbare belang geskied. Daar word hier aangevoer dat die beskikbaarheid van alternatiewe metodes in ag geneem behoort te word in gevalle waar dit onduidelik is of die onteining vir `n openbare doel of in die openbare belang geskied, soos in die geval van oordrag van grond aan derde partye vir ekonomiese ontwikkelingsdoeleindes. Ter aansluiting by die vraag of die onteining van grond vir oordrag aan derdes vir ekonomiese ontwikkeling geldig is, word die funksie van die openbare doel na onteiening ook ondersoek. Die vraag is of die staat geregtig is om die doel waarvoor die eiendom onteien is na afloop van die onteiening te verander. Die vraag in watter gevalle die vorige eienaar van die grond teruggawe van die grond kan eis word ook aangespreek. Daar word aangevoer dat die staat die doel waarvoor die eiendom benut word kan verander, maar dat die nuwe doel ook moet voldoen aan die grondwetlike vereistes.
South African Research Chair in Property Law, sponsored by the Department of Science and Technology, administered by the National Research Foundation and hosted by Stellenbosch University
Cuicci bursary fund
Faculty of Law Stellenbosch University
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Umejesi, Ikechukwu. "Land use, compensational justice and energy resource extraction in Nigeria: a socio-historical study of petroleum and coal mining communities." Thesis, University of Fort Hare, 2010. http://hdl.handle.net/10353/344.
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Scholarly and public analyses of state-community conflict in resource-rich communities, especially in Nigeria, often portray the compensational practices of the state and extractive enterprises as unjust and unsustainable. According to this view, at least three issues foreground the “unjustness”, namely: a) Inadequate compensation of land owners when land is expropriated or degraded in the process of natural resource exploration and production; b) inadequate periodic rents paid by extractive firms to land owners; and c) lack of, or inadequate socio-economic infrastructure in the host communities of extractive operations. Most analysts have therefore argued for a revamp of the compensation system and have presented the inadequacy of compensation as the underlying cause of conflict in Nigeria‟s mining communities (see Frynas, 2000b:208; Okoji, 2002:205). This thesis subjects the compensation discourse to a closer examination, especially against the backdrop of underdevelopment, pervasive poverty, environmental damage and continuing corporate-community conflict in Nigeria‟s resource-rich rural communities. The main argument is that, because of some of its underlying neoliberal assumptions, much of the compensation discourse is flawed – which is why the discourse obscures the true character of state-community and corporate-community conflict. This more so, because the discourse relies mainly on post-colonial (that is, post-1960) experiences and contemporary advocacy literature, ignores the interplay between history and contemporary developments in state-community relations, and treats compensation as an independent variable. Drawing on the concept of collective memory, and utilising historical, ethnographic and survey data from two of Nigeria‟s oldest petroleum and coal-mining communities, the thesis examines how the evolution of the Nigerian state and collective memory about aspects of that evolution have shaped state-community relations in the extractive sector. It situates state- iii community resource-related conflict within the wider socio-historical matrix of state and community contestations for ecological and natural resource sovereignty. The key finding of the thesis is that within the context of socio-ecological rights, compensation demands by local communities are textured. In the case of the communities selected for the study, such demands are often made outside, rather than within, local ethnographic ideas of “justness” and “fairness”. Hence, land-related grievances associated with natural resource extraction persist, regardless of whether or not local demands for compensation are “adequately” met by the state and extractive corporations. The thesis enriches and extends our understanding of natural resource conflict by privileging both the sociological and historical contexts of the conflict and raising questions about the dominance the state enjoys over local communities and indigenous ecological spaces.
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Du, Plessis Wilhelmina Jacoba (Elmien). "Compensation for expropriation under the constitution." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1078.
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Bucht, Martin. "Markanknutna gemensamma nyttigheter : en analysmodell för byggande, underhåll, användning och finansiering." Doctoral thesis, KTH, Fastighetsvetenskap, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-4139.
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This thesis deals with appropriate legislation concerning common utilities, such as infra-structural facilities and natural resources, which can regulate construction, maintenance, use and financing. Appropriate legislation can be viewed in the two main perspectives, effi-ciency and equity, and the thesis concerns primarily on efficiency. The purpose is to develop an analytical model, which can be used to facilitate structured assessments concerning the management of common utilities. The problem field concerned is of great complexity, and the model is therefore to be viewed as a support for decision-making, not as an instrument capable of delivering ready-made solutions. To structure the problem area it’s divided into three parts, the social, physical and institu-tional environments. The social environment is concerned with factors, such as group size and amount of trust and social capital, which can influence the feasibility of co-operation. The analysis leads to a classification of three social groups: Close-knit, loosely-knit and anonymous. The physical environment is concerned with characteristics of utilities, which influences need for, and feasibility of, co-operation. Rivalry of use and excludability are identified as important factors in this aspect. By combining them six types of goods can be identified: Private goods, club goods, common pool resources, toll goods, public goods and local pub-lic goods. The institutional environment is concerned with rules, which can control the use of com-mon utilities. Two concepts are identified as pivotal: property rights regimes and decision-making procedures. There are four property rights regimes: Individual rights, group rights, public rights (limited and unlimited) and no rights. Furthermore there are three decision-making procedures: Market regulation, group decision-making and public decision-making. A fourth possibility is no decision making-forum. By linking together social groups and types of goods a matrix is obtained in which each square represents a unique combination of social and physical environment. In this analyti-cal framework it is analysed which combinations of property rights regimes and decision-making procedures that are best suited to each square. In the end, Swedish legislation on roads, water and sewerage installations and aesthetic design of buildings is analysed with aid of the analytical model.QC 20100825
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Razulytė, Sonata. "Žemės nuosavybės teisės įgyjimo, disponavimo ir gynimo ypatumai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20070102_123029-68224.
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Land in its nature and destination is a peculiar real estate. Issues of land ownership are topical to all, as most of us were affected by problems of property right restoration, others wish to acquire new land lots for private building. Land belongs not to private persons, but to the state, municipalities. Persons owning land lots according to title are interested in the opportunity to conclude real estate transactions. The appearing disagreement and disputes regarding title are settled in the manner prescribed by laws. In the present Master theses the ways and conditions of acquiring land for ownership are discussed, private land ownership right is considered and also the right of state and municipalities to have land in their ownership is analyzed. In another chapter the law of disposal of land, land transactions peculiarities are analyzed comparing them with other real estate transactions. In the third part the inviolability of ownership right and protection of land ownership law consolidated in the Constitution is analyzed.
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Adrian, Angela. "Property rights and personality rights in a virtual world." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/203.
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Personality rights and property rights are not adequately protected by End User License Agreements (EULAs). This thesis explains how they may be safeguarded by expanding traditional intellectual property rules and developing more cohesive rules for user-generated content. Currently virtual property is governed under a system where initial rights are allocated to traditional intellectual property rights holders, and subsequent rights are governed by EULAs. The traditional intellectual property rights holders have been systematically eliminating any emerging or potential virtual property rights to which game players may be entitled. This is causing an imbalance in resources and rights. The law of contract and the law of property have traditionally balanced each other. The law of contract permits parties to realize the value of idiosyncratic preferences through trades. The law of property traditionally limits the burdens that parties may place on the productive use or marketability of high-value resources by means of contract. Presently, emergent useful property forms in cyberspace are being eliminated by contract. Property law theories provide strong grounds for recognizing that property rights should inhere in virtual assets. Intellectual property rights, specifically copyright, protect the author’s expression of his ideas. The question remains who is creating what? Is it the games company who provide the backdrop and venue or the players who provide the dialogue, action, and plot? The structure and building-blocks are the legal property of the creator-company; however, each character is the embodiment of a player’s story. The fair use doctrine creates a “breathing space” for certain subsidiary or derivative uses of a work by declining to recognize the copyright holder’s entitlement to control (or exploit) the markets for these uses. In determining which of these uses fall into this breathing space, the courts will use a sliding scale.
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Bhattacharya, Raja. "Intellectual property rights in outer space." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78203.
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Private entities, investing billions of dollars, as a matter of reasonable commercial corporate expectations, want to be protected against undue use, exploitation and copying of their technology and inventions which they have put into their space ventures (often termed as 'theft') by any third party. States, to secure an environment friendly to such generation, use and transfer of intellectual property rights (IPRs) in outer space, have initiated applying and/or extending their national IP laws into outer space either in form of a statute or a multilateral agreement. This may have both commercial and political significance.This thesis deals with IP issues in international perspective (with reference, however, to some leading national IP legislation when and where it is necessary) with special reference to the contemporary legal regime governing outer space. While emphasizing the existing legal regime relating to IPRs in outer space, it explores the possibility of commercial exploitation of IPRs made in space and on ground through the existing international trade system. The increasing importance of cooperation between the World Intellectual Property Organization and World Trade Organization in this regard is also examined, against the back drop of space activities and the outer space legal regime relating to IPRs. (Abstract shortened by UMI.)
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Zenzile, Mlamli Lennox. "A study of the Amathole District Municipality's settlement plan in the light of the land reform and spatial planning measures." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1003215.
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This study concerns the analysis of policy, and the statutory and regulatory impact of spatial planning on the land reform programme with emphasis on the land reform settlement plan (LSRP) of the Amathole District Municipality (ADM). There is a brief historical overview of the effect of the policy of spatial segregation in both rural and urban areas of the ADM. This study demonstrates, inter alia, the challenges faced by the ADM in both consolidating and physically integrating communities that were hitherto divided across racial lines. The critical question is whether the ADM has the ability to produce a Spatial Development Framework (SDF), which will be responsive to the needs of the region and serve as a catalyst in reversing the physical distortions caused by the land-planning legislation of the apartheid past. The greatest challenge lies in meeting the developmental aspirations of the Development Facilitation Act, 1995, the Local Government: Municipal Systems Act, 2000 and the National Spatial Development Perspective, 2003. Chapter 1 deals with the purpose, research problem and the method of research, as well as the definition of terms used in this research and literature review. Chapter 2 deals with the evolution of central themes of spatial planning and land reform, spatial development plans and integrated development plans (IDPs), the alignment of Amathole SDF and Eastern Cape Spatial Development Plan and the co-ordination of spatial frameworks. Chapter 3 deals with the composition of the ADM and the evolution of the LRSP, as well as land-tenure reform programmes impacting on the Amathole Municipality region. This chapter analyses the settlement plan against spatial planning legislation, the issue of institutional arrangements and mechanisms of consolidated local planning processes. Chapter 5 deals with the thorny issue of participation of traditional leaders in municipal planning and the government’s land-reform programme. Despite the existence of legislation in this regard, implementation seems to pose some difficulties. This chapter also deals with the co-operative governance framework. Chapter 6 is a concluding chapter dealing with the gaps discovered in the Amathole Municipality in the light of existing legislation. Reference to cases is made to demonstrate the challenges confronting the ADM. One notable aspect is the issue of urban-rural dichotomy and how the two worlds are positioned in their competition for the use of space. It is evident from this research that the post-1994 policy and legislative framework and implementation machinery lacks capacity to change the current form of the apartheid city-planning paradigm, something which impacts immensely on the sustainability of the current human-settlement development programmes. Population dynamics in terms of migration are hugely driven by search for employment opportunities and better services. The efficiency and ability of the municipal spatial evelopment frameworks in directing and dictating the identification of development nodes in its juristic boundary informed by the overarching national policy and legislative framework is key in building a better South Africa.
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Akhter, Tasneem. "The role of property rights for land degradation and land use conflicts." Doctoral thesis, Humboldt-Universität zu Berlin, Landwirtschaftlich-Gärtnerische Fakultät, 2011. http://dx.doi.org/10.18452/16285.
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Bodendegradation ist ein wachsendes Problem von Pakistan, die Biomasse Verlust verursacht und hat einen schlechten Einfluss auf die Wirtschaft des Landes. Nordöstlich von der Provinz Punjab, die berühmt für die Reisanbau ist, leidet auch mit diesem Problem. Zusammen mit einigen anderen Gründen, sind institutionelle Aufbau in den Regionen und der Landnutzungsänderungen der Hauptgründe für diesen Abbau. Obwohl das Land ist, die privaten Eigentümern, aber wegen der Störung der bestehenden Eigentumsrechte und die jüngste Stadterweiterung in der Region hat interfamiliären Konflikte zwischen Grundbesitzern im Zusammenhang mit Entfremdung Land provoziert. Diese Konflikte haben ein Potenzial von gefährden ländlichen Setup und der landwirtschaftlichen Produktion des Landes. Das Ziel der Studie ist es, diese Konflikte Ansatz, den Schwerpunkt auf die Notwendigkeit des institutionellen Wandels für die Nutzung von landwirtschaftlichen degradierten Flächen und mögliche Governance-Struktur für Land Umwandlung in Pakistan. Die Organe der Sustainability Framework von Hagedorn et al (2002) wird verwendet werden, und einige politische Empfehlungen gehen abgeleitet werden.Land degradation is a growing problem of Pakistan, which causes biomass loss and has a bad effect on the economy of the country. Northeast of Punjab province, which is famous for the rice cultivation, is also suffering with this problem. Along with some other reasons, institutional setup in the regions and the land-use change are the main reasons of this degradation. Although the land is owned by private owners, but because of the malfunctioning of existing property rights and the recent urban expansion in region has provoked interfamily conflicts between landowners related to land alienation. These conflicts have a potential of jeopardising rural setup and agriculture production of the country. The aim of the study is to approach these conflicts, focus on the need of institutional change for the use of agricultural degraded lands and possible governance structure for land conversion in Pakistan. The Institutions of Sustainability Framework of Hagedorn et al (2002) will be employed and some policy recommendations are going to be derived
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Velev, Ivan Mitev. "Property rights and market institutions: The case of Russian property reform." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2002. http://wwwlib.umi.com/cr/syr/main.
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Dirimanova, Violeta. "Economic effects of land fragmentation property rights, land markets and contracts in Bulgaria." Aachen Shaker, 2007. http://d-nb.info/988177374/04.
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Dirimanova, Violeta. "Economic effects of land fragmentation : property rights, land markets and contracts in Bulgaria /." Aachen : Shaker, 2008. http://www.gbv.de/dms/zbw/562087699.pdf.
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Hackett, Petal Jean. "Essays on intellectual property rights policy." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7934.
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This dissertation will take a theoretical approach to analyzing certain challenges in the design of intellectual property rights (`IPR') policy. The first essay looks the advisability of introducing IPR into a market which is currently only very lightly protected - the US fashion industry. The proposed Innovative Design Protection and Piracy Prevention Act is intended to introduce EU standards into the US. Using a sequential, 2-firm, vertical differentiation framework, I analyze the effects of protection on investment in innovative designs by high-quality (`designer') and lower-quality (`mass-market') firms when the mass-marketer may opt to imitate, consumers prefer trendsetting designs and firms compete in prices. I show that design protection, by transforming mass-marketers from imitators to innovators, may reduce both designer pro ts and welfare. The model provides possible explanations for the dearth of EU case law and the increase in designer/mass-marketer collaborations. The second essay contributes to the literature on patent design and fee shifting, contrasting the effects of the American (or `each party pays') rule and English (or `losing party pays') rule of legal cost allocation on optimal patent breadth when innovation is sequential and firms are differentiated duopolists. I show that if litigation spending is endogenous, the American rule may induce broader patents and a higher probability of infringement than the English rule if R&D costs are sufficiently low. If, however, R&D costs are moderate, the ranking is reversed and it is the English rule that leads to broader patents. Neither rule supports lower patent breadth than the other over the entire parameter space. As such, any attempts to reform the US patent system by narrowing patents must carefully weigh the impact on firms' legal spending decisions if policymakers do not wish to adversely affect investment incentives. The third and final essay analyzes the effects of corporate structure on licensing behaviour. Policymakers and legal scholars are concerned about the potential for an Anticommons, an underuse of early stage research tools to produce complex final products, typically arising from either blocking or stacking. I use a simple, one-period differentiated duopoly model to show that if patentees have flexibility in corporate structure, Anticommons problems are greatly reduced. The model suggests that if the patentee owns the single (or single set) of essential IPR and goods are of symmetric quality, Anticommons issues may be entirely eliminated, as the patentee will always license, simply shifting its corporate structure depending on the identity of the downstream competitor. If the rival produces a more valuable good, Anticommons problems are reduced. Further, if the patentee holds 1 of 2 essential patents, the ability to shift its corporate structure may reduce total licensing costs to rival firms. However the analysis offers a cautionary note: while spin-offs by the patentee help to sustain downstream competition, they may restrict market output, and therefore welfare. Thus the inefficiency in the patent system may be in the opposite direction than is currently thought - there may be too much technology transfer, rather than too little.
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Ang, Steven. "The moral dimensions of intellectual property rights." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9008.
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The Moral Dimensions of Intellectual Property Rights explores the various aspects of IPRs in which moral evaluation and claims play a role. According to R M Hare, moral concepts and reasoning are characterized by the universalization of prescriptions. Universalization links the various dimensions in a way that rationally forces us to revise the moral basis of the various claims we make for, about and of IPRs, and ultimately provides grounds for their reform. The method of reflective equilibrium is focused in the first place on Hare’s meta- ethics, to derive a reformulation which is herein called fundamental prescriptivism. This requires a foundational set of moral principles to work. Our expectation that moral principles and values must serve to guide us, and resolve conflict between us, with objective rational force, provides the basis for adopting such a set of fundamental prescriptions. These sum up in the equal right to freedom and well- being as the ultimate basis for moral evaluation of our institutions. An implication of this right is that property in IPR systems must be balanced with participation rights (moral and legal) of the public to a public domain which allows individuals to have access to, and use, objects of intellectual property. When, in seeking reflective equilibrium, this is applied to the various aspects of IPRs, the result is an exploration of the inter-connectedness of following: justification of IPRs based on this equal right to freedom and well-being; explanation of the function of, and justification for, the presence of moral concepts and terms in national and international IPR rules; the commitments implied by use of these moral ideas for our obligations in respect of the way we enjoy, exploit and enforce our IPRs, and, ultimately, our duty to reform of IPRs in ways that respects the participation rights implied by this principle.
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Samartzi, Vasiliki. "Digital rights management and the rights of end-users." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.
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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.
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Li, Ling-hin. "The privatisation of land use rights in China : an evaluation of land price behaviour in Shanghai's land market /." [Hong Kong] : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B16121521.
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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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Modum, Uche Ifeoma. "Legal reform of the Land Use Act : protection of private property rights to land in Nigeria." Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/legal-reform-of-the-land-use-act-protection-of-private-property-rights-to-land-in-nigeria(c4445757-7efd-489b-a16e-9ed7b5e244ff).html.
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Strong private property rights to land are recognised as fundamental to the economic growth of a country's legal system. Legal reform of inadequate and inefficient property rights laws is therefore essential. My thesis aims to address the lack of legal reform of the laws governing property rights to land in Nigeria. It does this by critically examining the Land Use Act set up as the primary body of legislation governing property rights in Nigeria.The thesis seeks to offer meaningful insights by proposing an institutional analysis of the limitations to reform of existing laws governing property rights to land in Nigeria. Several approaches of new institutionalism are explored in analysing identified constraints which exist within formal and informal institutions. Explanations of the absence of legal reform are addressed through themes examining formal and informal institutional structures which limit reform. Analyses of institutional structures highlight the significant role played by institutions in the etablishment and development of property right laws in Nigeria. An in-depth look at Nigerian private property laws and legally recognised interests on land exposes fundamental limitations to private property rights protection of individuals within the Nigerian state. The thesis provides valuable insights and addresses institutional limitations through consideration of strategies which would enable and assist legal reform of Nigeria's property rights laws. The study concludes by exploring three aspects. First, it offers reform proposals and analyses the functionality of the proposed reform suggestions. Second, it highlights principles of policy-making redesign within formal institutions. Finally, it offers strategies to assist reform within informal instituional structures.In short, the thesis focuses on enabling legal reform of Nigerian property rights laws to ensure the amendment, modification or excision of bad, inefficient laws in order to offer better protection of individuals' property rights to land.
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Tassano, Velaochaga Hebert Eduardo. "The convergence between competition law and intellectual property rights." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116244.
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Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.El Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (IndecopI) tiene entre sus funciones tanto la defensa de la libre competencia como la protección de la propiedad intelectual. Este diseño institucional tiene la ventaja de permitir apreciar con mayor claridad cuáles son los puntos de convergencia entre ambas materias, armonizarlos y conseguir los objetivos que tienen en común. Dentro de esta convergencia, existen temas sensibles, como el otorgamiento de licencias obligatorias, por lo que en el presente trabajo se destaca su carácter de medida excepcional y se plantea que, para considerar su otorgamiento, el Estado debe contar con un procedimiento que brinde confianza y predictibilidad a la ciudadanía y con definiciones claras sobre qué debemos entender por interés público, emergencia y seguridad nacional. Finalmente, se propone que su otorgamiento tenga justificación en un análisis costo beneficio que arroje como resultado que, en efecto, era la opción más adecuada.
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Kenneally, Michael Edward. "Intellectual Property Rights and Institutions: A Pluralist Account." Thesis, Harvard University, 2014. http://dissertations.umi.com/gsas.harvard:11509.
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Debates over intellectual property's justifications tend to treat natural rights and utilitarian accounts as competitors, but they should be seen as complements instead. Lockean and Kantian theories of intellectual property highlight the strong interests that intellectual property creators have in profiting from and exercising some degree of control over their work, but neither theory gives sufficient justification for the full assortment of rights that intellectual property owners have under current law. Utilitarian accounts provide an essential supplement to these natural rights theories by focusing on society's interests in the production of useful information and creative expression, but that does not mean intellectual property law should single-mindedly strive only to maximize social welfare. Developing both natural rights-based and utilitarian justifications, this dissertation advances a pluralist account of intellectual property that understands different features of copyright, patent, and trademark law to be serving different normative interests.Philosophy
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Delicostopoulou, A. "Intellectual property rights as a barrier to world trade." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286577.
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Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.
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Ge, Muyang. "Three Essays on Land Property Rights, Water Trade, and Regional Development." DigitalCommons@USU, 2019. https://digitalcommons.usu.edu/etd/7492.
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This dissertation explores how property rights to a natural resource affect economic decisions for investment or sale, and how these decisions may in turn impact other areas of the economy. The first essay focuses on how incomplete land ownership on Indian Reservations in the United States affects landowner incentives to engage in agricultural production. The second essay explores how the transfer of water in arid regions via water right sales affects local labor markets and environmental outcomes. The third essay seeks to understand how shale-gas drilling has affected organic food production. This dissertation provides several policy implications. First, the findings suggest that the key to improving lagging agricultural development on American Indian land is to improve tribal farmers’ access to capital, so they can invest in agricultural systems (including irrigation) at the level of their neighbors enjoying fee-simple title. Second, while a potentially effective solution to reduce costly water shortfalls among high-value urban users, water sales from agricultural to urban users appear to simultaneously decrease employment and environmental quality in the water exporting region. Third, Drilling activities appear to discourage organic farming in Colorado. While farmers with mineral ownership benefit, identifying the direct causes of lost organic certification can inform policy that regulates negative externalities on organic farms caused by drilling.
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Dirimanova, Violeta [Verfasser]. "Economic Effects of Land Fragmentation : Property Rights, Land Markets and Contracts in Bulgaria / Violeta Dirimanova." Aachen : Shaker, 2008. http://d-nb.info/1164342541/34.
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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.
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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.Department of Political Science
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MacLeod, Rebecca Frances. "Property law in Jersey." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6299.
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Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitably, there are gaps in the sources and some way of addressing these has to be determined before a systematic account of the law is possible. Juristic writing and modern caselaw demonstrate consistent recourse to the laws of other jurisdictions when gaps are encountered. Norman law, modern French law, and English law (to a much lesser extent and mainly where it conforms to Roman law) are used in the cases on property law, and thus also in this thesis. Reference is also made to the law of Guernsey (Jersey’s sister jurisdiction) but the difficulties encountered in researching Jersey law are no less evident there. In areas such as the law of servitudes, Roman law is often referred to explicitly by the Jersey jurists and by the commentators on Norman law. The influence of Roman law is also evident in the division between real rights and personal rights, sometimes barely visible in Jersey law, and is also a general backdrop to the rules on classification of things. Norman feudal law remains vestigially in place but the structure of the law and its individual rules bear many civilian characteristics. For this reason, in addition to Jersey sources, Norman law, modern French law, and any other materials used by the courts, other jurisdictions with civilian systems of property law are also referred to, specifically mixed jurisdictions, of which Jersey is one.
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Hardcastle, Rohan John. "Law and the human body property rights, ownership and control /." Oxford ; Portland (Or.) : Hart, 2007. http://www.sciences-po.eblib.com/EBLWeb/patron/?target=patron&extendedid=P_317926_0.
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Hamilton, Neil James. "The impact of equitable estoppel on rights in land." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293585.
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Park, Daniel H. "The Development of United States Property Rights." Thesis, Boston College, 2007. http://hdl.handle.net/2345/498.
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Thesis advisor: Dennis HaleThe right to property is debatably the most fundamental American right, and its breadth and strength is more controversial today than ever before. Thus it is more important than ever to understand that its development was not accidental but has had a long and fascinating history. Such a conception of property was theoretically formed by John Locke, recognized by the Founding Fathers in the U.S. Constitution, and developed through case law. The purpose of this thesis is to show the significance of the idea of private property for America and its citizens, the development and history of that idea through past cases, and the implications of the idea and its development of the future of America
Thesis (BA) — Boston College, 2007
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science
Discipline: College Honors Program
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Mbiba, Beacon. "Urban property ownership and the maintenance of communal land rights in Zimbabwe." Thesis, University of Sheffield, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310777.
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