The diverse range of contributions to this thought-provoking book offers a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.
Libertarianism attempts to establish a set of property rights as a complete political morality, its argument proceeding from liberty tout court, as the unique foundational aspect of well being that grounds rights. In this book, Attas presents a sympathetic reconstruction of the libertarian argument and then brings to bear a critical evaluation leading to an ultimate rejection of libertarianism. Exposing the limitations of libertarianism and disclosing its errors, Attas argues that the rights which libertarians adopt with respect to persons (self-ownership), natural resources (original acquisition) and products are indefensible given what liberty must be.
The first attempt to address comparative property law in a common integrative framework, this study discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets. Basic Principles of Property LaW was produced to offer a common framework for the discussion of the law of property within countries in transition, thus it has its basis, not on just one legal system, but on the institutional commonalties that make western property law a working market institution. It offers a major challenge to conventional thinking that in property law the differences between common law and civil law are so important that common core research is impossible. Mattei hopes to guide the reader to think comparatively about property by shedding many preconceived formalistic abstractions. The substance of property law, he argues, is much more common throughout the Western legal tradition than legal scholars would have us believe. Through a set format and accessible writing, this book looks at national legal traditions as responses to common economic problems. It sets the foundations for further much needed integrative comparative legal research in the domain of property law.
This is a thorough exploration of the evolution of the commercial property investment and development markets from the mid-nineteenth century to the present day. It explains how the current investment scene emerged and fills an important gap in the literature on the property market.
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