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Articles 1 - 14 of 14
Full-Text Articles in Law
An Analysis Of Article 28 Of The United Nations Declaration On The Rights Of Indigenous Peoples, And Proposals For Reform, David Fautsch
An Analysis Of Article 28 Of The United Nations Declaration On The Rights Of Indigenous Peoples, And Proposals For Reform, David Fautsch
Michigan Journal of International Law
The purpose of this Note is two-fold: first, to demonstrate why the standards set out in Article 28 require further clarification, and second, to propose reforms (both inside and outside of the United Nations framework) that might benefit indigenous peoples claiming land rights.
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Michigan Journal of International Law
Countries like those in Southern Africa will never emerge from the indomitable shadow of inequity and the serious threat of backlash unless real property is redistributed; but, the conception of property these countries explicitly or implicitly adopt can adversely affect their ability to redistribute. Under the classical conception of real property (the classical conception), redistribution is difficult because title deed holders are a privileged group who are given nearly absolute property protection. Strangely, the classical conception is ascendant in many transitional states where redistribution is essential. The specific question this Article addresses is: for states where past property dispossession has …
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Michigan Journal of International Law
A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …
Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels
Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels
Michigan Journal of International Law
This Article attempts to revive the consideration of condominium as a possible solution to contemporary boundary disputes. Part I describes specific historic instances of condominia and derives relevant lessons from each instance. Part II notes that some critics of condominium have in fact confused condominium with other forms of joint dominion over territory. This Part proceeds, therefore, to distinguish condominium from these other arrangements. Next, Part III discusses how experiences with common property regimes over common resources (such as water supplies) might inform the contemporary use of condominium. Finally, informed by lessons articulated in Parts I through III, Part IV …
Compensation For Porperty Under The European Convention On Human Rights, Tom Allen
Compensation For Porperty Under The European Convention On Human Rights, Tom Allen
Michigan Journal of International Law
This Article asks whether the right to property, as a human right, serves the same general purpose as other human rights. The Article does so by examining the standards relating to compensation for deprivations of property under the European human rights system. If the system protects property for similar reasons as other fundamental rights, the interpretation of the right to property should draw upon the principles developed in relation to the interpretation of other rights. However, if the right to property is distinct from other human rights, then perhaps guidance on its interpretation should come from comparative law, specifically in …
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Re-Examining The Role Of Private Property In Market Democracies:Problematic Ideological Issues Raised By Land Registration, Joel M. Ngugi
Michigan Journal of International Law
In the post-1989 world, the primacy of private property is taken for granted. The final fall of communism, it would seem, is an adequate commentary of the supremacy of private property arrangements in facilitating economic development. Debates pitting plan (with its associated appetite for communal or collective property) against market (with its avowed belief in private property) are now considered superfluous. As far as the "Western world" was concerned, it seemed that the task of persuading the rest of the world that private property is the key to efficient market performance and economic development had finally been accomplished. The only …
Reforming The State-Enterprise Property Relationship In The People's Republic Of China: The Corporatization Of State-Owned Enterprises, Deborah Kay Johns
Reforming The State-Enterprise Property Relationship In The People's Republic Of China: The Corporatization Of State-Owned Enterprises, Deborah Kay Johns
Michigan Journal of International Law
Part I of this Note first describes the problems that have prodded China to restructure its SOEs and then explains the root of those problems - the state-enterprise property relationship. This part concludes with a description of the unsuccessful attempts to date to reform that relationship. To understand why these efforts have met with little success, Part II explores the way in which most transition economies have attempted to address the ambiguity in the state-enterprise property relationship, by abolishing it through privatization. Although privatization is neither economically nor ideologically suited to China, experience with privatization does hold one lesson for …
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Michigan Journal of International Law
In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Michigan Journal of International Law
This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
Michigan Journal of International Law
This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
Michigan Journal of International Law
This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.
The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll
The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll
Michigan Journal of International Law
The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …
The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman
The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman
Michigan Journal of International Law
This Note will examine the current state of international law concerning property rights to all types of wrecks discovered in international waters. It will show that a multilateral convention is needed to establish an international framework for property rights to shipwrecks of historical and archaeological value, to wrecks of military vessels, and to wrecks of commercial ships such as the Titanic. There may be obstacles to the establishment of a multilateral convention, but the international community must provide certainty to ownership questions, furnish protection for submarine antiquities, and prevent disputes arising from the wrongful salvage of military vessels.