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Full-Text Articles in Intellectual Property Law
Globalizing Property Law: An Institutional Analysis, Amnon Lehavi
Globalizing Property Law: An Institutional Analysis, Amnon Lehavi
Vanderbilt Journal of Transnational Law
This Article identifies the key role that institutions play in moving toward an effective cross-border regime in property law. Property is based on an in rem principle, which should provide a single system for ranking rights, powers, and priorities in assets that applies to all interested parties. In a global context, this feature of property law requires a cross-border legal ordering by an array of domestic and supranational institutions: legislative, administrative, and adjudicative.
The Article argues that the present fragmentation of property norms across national borders, and the incompleteness of supranational institutions that deal with property law, may place limits …