The Construction of Property: Norms, Institutions, ChallengesThe Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation. |
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allocation analysis argue assets benefits Bilateral Investment Treaties BITs bottom-up institutions bundle of rights business corporation challenge Chapter CICs conflict contract countries courts creditors cross-border cultural decision-making defined definition doctrine economic efficient eminent domain expropriation financial firm firm’s first formal globalization Harvard Law Review Human Rights identified influences institution of property intellectual property Intentional Communities interests International justification Kelo Kibbutz land law landowners Law Journal Law Merchant Law Review legal standards legal systems mechanisms moral nexus of contracts numerus clausus owner ownership Park parties political potential powers and priorities private property property law property norms property regimes property rights property theory property’s protection provisions public spaces reflect Renewing Kibbutz right to exclude role rules shareholders shares significant social society SPDC specific stakeholders structural and institutional substantive supranational top-down types UNCTAD University Press Yale Law Journal