The International Law of Property

Hardcover | June 1, 2014

byJohn G. Sprankling

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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas ofproperty law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property lawhas been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; andthe increasing recognition of the human right to property.The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights thatarise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The secondpart of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at theinternational level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas ofproperty law have emerged at the internatio...

John G. Sprankling is an authority on property law and a Distinguished Professor of Law at the University of the Pacific, McGeorge School of Law. His books on property law have been used by scholars, attorneys, and students around the world; two have been translated into Chinese. He has also taught at Stanford Law School, UC Hastings C...

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Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.01 inPublished:June 1, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199654549

ISBN - 13:9780199654543

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Table of Contents

Part I: Introduction1. The Concept of International Property Law2. The Human Right to PropertyPart II: Principles of International Property Law3. Chattels4. Intangible Property5. Land6. Oceans7. AtmospherePart III: Components of International Property Law8. Toward Global Property Rights9. The Right to Acquire10. The Right to Possess and Use11. The Right to Destroy12. The Right to Exclude13. The Right to TransferPart IV: Outlook14. The Future of International Property Law