Inclusion and Representation
The Settlement of Property Claims of the Dispossessed in the Aftermath of an Armed Conflict
Bibliographic Data
| ID | 21749882 |
|---|---|
| Authors | Tamar Megiddo (0000-0003-0427-6867, University of Haifa), Eyal Benvenisti (0000-0003-4568-9991, University of Cambridge) |
| Year | 2020 |
| Volume | 21 |
| Issue | 2 |
| Pages | 397-425 |
| Publication date | 2020-07-28 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Theoretical Inquiries in Law (JOURNAL) |
| Journal identifiers | ISSN: 1565-1509 • E-ISSN: 1565-3404 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1515/til-2020-0019 |
| OpenAlex | W3088914029 |
| Language | EN |
| Citations received | 1 |
This Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. In post–conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusion and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government
Business · Epistemology · Law and economics · Negotiation · Political science · Politics · Private property · Property rights · Public property · Social science · Sociology · Law · Legal principles and applications · Property Rights and Legal Doctrine · Public Administration
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |