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The cunning of rights : law, life, biocultures
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ISBN: 0199086540 Year: 2016 Publisher: New Delhi : Oxford University Press,

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Abstract

This work analyses the theoretical and philosophical frames of new (biotic) property, and assesses how its altered metaphysics inscribes itself in the politics of genetic resources. It probes how rights get framed within and by law and attempts to uncover the cunning or duplicitous nature of these rightsthe chasm between their intended benefits and their actual outcomes.


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The constitutional protection of private property in China : historical evolution and comparative research
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ISBN: 1316468658 1316468909 1316469158 1316470407 1316410560 1316469409 1108721818 1316470156 110712543X 1316467155 9781316410561 9781316470404 9781107125438 9781316468654 9781316468906 9781316469156 9781316469408 9781107125438 Year: 2016 Publisher: Cambridge : Cambridge University Press,

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This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines - public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.


Book
Environmental and property protection in Europe
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ISBN: 9089521674 9789089521675 9789089521682 9089521682 Year: 2016 Volume: 12 Publisher: Groningen Europa Law Publishing

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Imagine a factory that pollutes the air. If government closes it down, can the operator allege undue encroachment on his property? If government remains inactive, can the neighboring farmer demand that his/her property must be protected? The two questions point to two dimensions of interrelation between environmental concerns and property interests. Property is either used as a barrier to or as a quest for environmental protection. This book examines how the weighing up of property and environmental protection interests is determined by law. It discusses solutions found in EU Member States and the EU looking both at regulatory and constitutional law. It is based on national reports guided by a common list of questions. Cross-cutting contributions highlight commonalities and differences with a view to develop a European ius commune. This is framed by analyses of the pertinent jurisdiction of the European Court of Human Rights, of the Court of Justice of the EU, and of Investor-State Arbitration.--

The invisible line : land reform, land tenure security, and land registration
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ISBN: 9781351887427 1351887424 9780754636373 9781351887410 1351887416 9781315238890 9781351887403 9781138258709 1138258709 1315238896 Year: 2016 Publisher: London : Routledge,

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