Jump to ContentJump to Main Navigation
The International Law of Property$
Users without a subscription are not able to see the full content.

John G. Sprankling

Print publication date: 2014

Print ISBN-13: 9780199654543

Published to Oxford Scholarship Online: June 2014

DOI: 10.1093/acprof:oso/9780199654543.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 13 December 2018

The Right to Exclude

The Right to Exclude

Chapter:
(p.305) 13 The Right to Exclude
Source:
The International Law of Property
Author(s):

John G Sprankling

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199654543.003.0013

The right to exclude is another core component of the right to property. As a general rule, municipal law permits each person to exclude state actors and private actors from his or her property. Many international authorities also recognize this right. Yet the right is sometimes omitted in international formulations, presumably because it is thought to be implicit in other rights. The right to exclude is given special emphasis in international law in contexts such as communal property, homes, and intellectual property. International law also authorizes restrictions on the right in certain situations. Although both human rights law and investment law recognize the right, doctrines in both areas permit the state to regulate it to some degree. The necessity doctrine used in municipal law and international law is another exception to the right.

Keywords:   communal property, exclusion, homes, human rights, international law, intellectual property, investment law, necessity, property, right to exclude

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .