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The International Law of Property$
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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

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The Right to Exclude

The Right to Exclude

(p.305) 13 The Right to Exclude
The International Law of Property

John G Sprankling

Oxford University Press

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

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