When stories matter: Challenging liberal orthodoxies through the margins

.

Chapter 6 in Property, Power and Human Rights, 2024, pp 150-189 from Edward Elgar Publishing

Abstract: This chapter examines how international human rights adjudicative bodies (the ECtHR, IACtHR, and ACHPR) handle cases challenging liberal property rights and the extent to which they allow alternative visions of property. Applicants often present nonconforming claims based on their relationships with their surroundings, challenging judges' assumptions. The chapter emphasizes the importance of recognizing stories from the margins to understand the adaptability and dynamism of property relationships in different locations. The ECtHR, heavily reliant on liberal standards, appears less open to alternative property visions, especially in cases of illegal or extralegal property, Romani property, and indigenous property. However, in cases involving serious human rights violations and rural property, the ECtHR shows more flexibility. On the other hand, the IACtHR and ACHPR demonstrate greater openness to marginal stories, particularly when it comes to indigenous property. Overall, the chapter highlights how lived experiences of property influence legal outcomes and reveal property's potential for positive empowerment when it enables social participation.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035313914.00010 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22410_6

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().