Contested Properties
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| Author | : Britta Rutert |
| Publisher | : transcript Verlag |
| Total Pages | : 355 |
| Release | : 2020-02-29 |
| Genre | : Social Science |
| ISBN | : 3839447941 |
This book deals with the values of medicinal plants and associated knowledge(s) in the field of bioprospecting in post-apartheid South Africa. Bioprospecting, the use of genetic or biological resources for commercial purposes, is a profit-oriented enterprise facing new challenges with the rise of human rights and biodiversity politics. This new situation has led to claims for political leverage made by indigenous communities, as well as to claims for national and local cultural identity and heritage. The picture presented here contributes to the widely discussed yet so far unresolved question of how to appropriately share benefits, and how to protect indigenous knowledge in this field.
| Author | : Britta Rutert |
| Publisher | : Transcript Verlag, Roswitha Gost, Sigrid Nokel u. Dr. Karin Werner |
| Total Pages | : 300 |
| Release | : 2020 |
| Genre | : |
| ISBN | : 9783837647945 |
This book deals with the values of medicinal plants and associated knowledge(s) in the field of bioprospecting in post-apartheid South Africa. The picture presented here contributes to the widely discussed yet so far unresolved question of how to appropriately share benefits, and how to protect indigenous knowledge in this field.
| Author | : Brigitta Hauser-Schäublin |
| Publisher | : Routledge |
| Total Pages | : 260 |
| Release | : 2016-06-10 |
| Genre | : Social Science |
| ISBN | : 1317281837 |
Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.
| Author | : Maja Hojer Bruun |
| Publisher | : Routledge |
| Total Pages | : 372 |
| Release | : 2017-12-01 |
| Genre | : Law |
| ISBN | : 1351362097 |
Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.
| Author | : Rochelle Cooper Dreyfuss |
| Publisher | : Cambridge University Press |
| Total Pages | : 491 |
| Release | : 2014-06-19 |
| Genre | : Law |
| ISBN | : 1139916416 |
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
| Author | : Debbie Becher |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2014-08-12 |
| Genre | : Social Science |
| ISBN | : 0199322562 |
News media reports on eminent domain often highlight outrage and heated protest. But these accounts, Debbie Becher finds, obscure a much more complex reality of how Americans understand property. Private Property and Public Power presents the first comprehensive study of a city's acquisitions, exploring how and why Philadelphia took properties between 1992 and 2007 for private redevelopment. Becher uses original data-collected from city offices and interviews with over a hundred residents, business owners, community leaders, government representatives, attorneys, and appraisers-to explore how eminent domain really works. Surprisingly, the city took over 4,000 private properties, and these takings rarely provoked opposition. When conflicts did arise, community residents, businesses, and politicians all appealed to a shared notion of investment to justify their arguments about policy. It is this social conception of property as an investment of value, committed over time, that government is responsible for protecting. Becher's findings stand in stark contrast to the views of libertarian and left-leaning activists and academics, but recognizing property as investment, she argues, may offer a solid foundation for more progressive urban policies.
| Author | : Lee M. Caplan |
| Publisher | : |
| Total Pages | : 1261 |
| Release | : 2022-03-10 |
| Genre | : Law |
| ISBN | : 1316510905 |
Makes the Tribunal's most recent work publicly available, including an award resolving a large dispute between Iran and the US.
| Author | : Lee M. Caplan |
| Publisher | : Cambridge University Press |
| Total Pages | : 1262 |
| Release | : 2022-03-10 |
| Genre | : Law |
| ISBN | : 1009041436 |
The Iran–US. Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. The 40th volume of the Iran–US Claims Tribunal Reports makes available to the public the Tribunal's most recent work, including an important award in a large dispute between Iran and the United States. This volume of the Reports is a critical contribution to the field of international arbitration that will inform and guide the practice of international arbitration practitioners from around the world.
| Author | : Sherry Hutt |
| Publisher | : Routledge |
| Total Pages | : 370 |
| Release | : 2016-12-05 |
| Genre | : Social Science |
| ISBN | : 1315415313 |
The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer’s Committee on Cultural Heritage Preservation.
| Author | : William Musyoka |
| Publisher | : African Books Collective |
| Total Pages | : 409 |
| Release | : 2006-12-29 |
| Genre | : Law |
| ISBN | : 9966530037 |
This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the magistrate and judge, and the law student. Some of the key areas covered include; Testate Succession; Intestacy; Post-Mortem alterations among many others. It is currently the only text on succession law in Kenya.
