The right to property as regional custom in Europe

Lisa Mardikian

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Abstract

The article examines the right to property in Europe and elaborates its content, with a view to developing a better understanding of the legal nature and scope of its protection. It is argued that an obligation to protect the right binds states in Europe under regional customary law on the basis of clear evidence of state practice and opinio juris that support the emergence of such an obligation. To illustrate this, the article initially explores the substantive standards of protection of the right under conditions of pluralism, taking into account the case law of the European Court of Human Rights and the Court of Justice of the European Union. Subsequently, the focus is placed on regional practice with a psychological element of conviction on the existence of legal obligation to protect the right to property in order to shed light on the emergence of a regional customary norm.
Original languageEnglish
Pages (from-to)56-84
JournalTransnational Legal Theory
Volume9
Issue number1
Early online date14 May 2018
DOIs
Publication statusEarly online - 14 May 2018

Keywords

  • right to property
  • regional customary law
  • European Court of Human Rights
  • good governance
  • international peace

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