Indirect sovereignty through property rights

Rahmatian, A. (2017) Indirect sovereignty through property rights. Notre Dame Journal of International and Comparative Law, 7(2), pp. 58-90. 4.

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The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space—notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and in public law needs to be broadened. In particular, the forms of exercising de facto sovereignty are no longer confined to specific nation states but can increasingly be found with multinational corporations, and the legal instruments are situated more in private and commercial law (scientifically justified by mainstream economics) than in traditional public law and public international law.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Rahmatian, Professor Andreas
Authors: Rahmatian, A.
College/School:College of Social Sciences > School of Law
Journal Name:Notre Dame Journal of International and Comparative Law
Publisher:University of Notre Dame
Copyright Holders:Copyright © 2017 University of Notre Dame
First Published:First published in Notre Dame Journal of International and Comparative Law 7(2):4
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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