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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 Framework of International Property Law

The Framework of International Property Law

Chapter:
(p.41) 3 The Framework of International Property Law
Source:
The International Law of Property
Author(s):

John G Sprankling

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199654543.003.0003

International law was traditionally conceptualized as governing only relations among states. Yet today this law affects the property rights of individuals, business entities, and other private actors. For example, individuals may bring direct claims against states in international tribunals for improper interference with the human right to property. Human rights law, investment law, and other sources have generated a substantial body of international property law. This chapter discusses five modalities by which international law affects property rights: creating property rights; protecting property rights that arise under municipal law; harmonizing property rights that arise under municipal law; restricting property rights that arise under municipal law; and prohibiting the creation of property rights under municipal law.

Keywords:   human rights, international law, investment law, municipal law, private actors, property, property law, property rights

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