`Gathering together essays by leading commentators, Professor Willem Grosheide's timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. The relationship between intellectual property and human rights is, or should be, central to the thinking of everyone concerned with some of the most profound problems with which individual nations and the international community must now contend - including scientific, technological, and cultural development, public health, access to culture, education, freedom of expression, rights of indigenous peoples and the rights of creative workers. Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues.' ---Graeme Austin, University of Arizona, USA
Housing, land and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the UN and others seeking to build long-term peace. This book analyses the ubiquitous HLP challenges present in all conflict and post-conflict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace and conflict studies but will have a wider readership among practitioners working for international institutions such as the United Nations and the World Bank, non-governmental organizations, and national agencies in the developing world.
Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development. But his work also has been controversial, and some of his arguments have received sustained criticism. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy. Yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship. And although his work has been widely discussed in the context of property in developing countries, it has not had the same impact on the property issues that arise in mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.
This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole.
State Accountability under International Law sets forth a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established with emphasis being given to practical examples ranging from the accountability of Germany and Japan after WWII to the current attempts to prevent impunity by Sudan and Zimbabwe. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable for a breach of jus cogens norms.
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