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The phrase Lockean proviso was coined by American libertarian political philosopher Robert Nozick in Anarchy, State, and Utopia. [2] It is based on the ideas elaborated by Locke in his Second Treatise of Government, namely that self-ownership allows a person the freedom to mix his or her labor with natural resources, converting common property into private property.
At the same time, severe weather events caused by climate-change have become more frequent, affecting property values. [53] In the developing world, catastrophes are impacting greater numbers of people due to urbanization, crowding, and weak tenure and legal systems. Colonial land-tenure systems have led to issues in post-colonial societies. [54]
The term "land grabbing" is defined as very large-scale land acquisitions, either buying or leasing. [citation needed] The size of the land deal is multiples of 1,000 square kilometres (390 sq mi) or 100,000 hectares (250,000 acres) and thus much larger than in the past. [4]
Economist John Quiggin argues that this fits into a larger fundamental criticism of Locke's labor theory of property which values a particular type of labor and land use (i.e., agriculture) over all others. It thus does not recognize usage of land, for example, by hunter-gatherer societies as granting rights to ownership.
Tania Voon, a Professor in Law at the University of Melbourne, criticises the modernization of the ECT for not including a removal of the art. 47 survival clause, and for failing to introduce "a distinction between investments based on fossil fuels and those based on renewable energy" in order to achieve climate goals. [24]
The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
Rights; Theoretical distinctions; Claim rights and liberty rights; Individual and group rights; Natural rights and legal rights; Negative and positive rights