دانلود کتاب The Human Right to Property: A Practical Approach to Article 1 of Protocol No.1 to the ECHR

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Acknowledgements\nBrief Table of Contents\nTable of Contents\nTable of Cases\nIntroduction\n Introduction\n A Structured Approach to Interpreting Article 1 of Protocol No 1\n The Structure of the Book\n Reforming the Human Rights Act 1998\n1. Interpreting Article 1 of Protocol No 1\n Interpreting Convention Rights in the UK\n Interpreting the European Convention on Human Rights\n Guiding Principles on when the ECtHR Takes an Activist Approach\n2. \'Property\' as a Disputed Human Right\n Introduction\n Property as a Natural Right\n Should \'Property\' or \'Right to Property\' Be Considered Human Rights?\n The Ambit of Article 1 of Protocol No 1\n The Inclusion of the Human Right to Property in International Human Rights Law\n Example of the Right to Property in Other Legal Systems\n Legal Protections and Presumptions Concerning the Right to Property before Article 1 of Protocol No 1\n What Is \'Property\'?\n Conclusion\n3. Drafting Article 1 of Protocol No 1\n Introduction\n The Background to the European Convention on Human Rights\n Conclusions\n4. Identifying a Possession\n Introduction\n Reconciling the French and English Texts on the Meaning of Possession\n The Guiding Principles on the Meaning of \'Possession\'\n What is a \'Possession\'?\n What is not a Possession?\n The Evidence Required to Establish the Existence of a \'Possession\' before the Strasbourg Court\n Conclusion on the Meaning of \'Possession\'\n5. Categorising Interferences: The Three Rules in Sporrong\n Introduction\n Categorising Interferences: The Principles Derived from Sporrong and Lönnroth v Sweden\n The Meaning of a \'Deprivation\'\n The Meaning of a \'Control of Use\'\n A \'General Interference\'\n What Is Not an Interference?\n The Reverse Reasoning of the ECtHR and the Importance of the Presumption of Compensation for Deprivations\n Classifying Interferences and Property as a Bundle of Rights\n Conclusions on Classifying Interferences\n Key Principles for Identifying Different Types of Interference\n6. Identifying when an Interference is \'Lawful\'\n Introduction\n What Is the \'Law\'?\n The Meaning of \'Lawful\' and the \'Rule of Law\n Identifying the Rule of Law\n The Principle of Lawfulness\n Identifying the Meaning of \'Substantive Protection\'\n The Importance of a Basis in Domestic Law\n The Key Features of Lawfulness: Accessible, Precise and Foreseeable\n The General Principles of International Law\n Conclusions on Lawfulness\n7. The \'Public\' and \'General Interest\'\n Introduction\n Reconciling the French and English Language Texts\n How the ECtHR has Interpreted the Meaning of the Public and General Interest\n The Public Interest and the Pervasive Influence of the Margin of Appreciation\n Environmental Protection and the Public Interest\n Interferences not in the Public Interest\n Domestic Interpretation of the Public Interest Test\n Conclusion on the Meaning of the Public and General Interest\n8. Proportionality\n Introduction\n The Structure of Proportionality\n Proportionality, the Margin of Appreciation and Deference\n The Burdens and Presumptions in Proportionality Review\n Proportionality and Micro- and Macro-Level Review\n The Development of Proportionality Review\n The Four-Part Structure to Proportionality Review\n Manifestly without Reasonable Foundation\n Conclusions on Proportionality\n9. Just Satisfaction\n Introduction\n The Problem of Enforcement\n Just Satisfaction under Article 41\n Calculating Pecuniary Damages\n Calculating Non-pecuniary Damages\n Calculating Costs and Expenses\n Calculating Just Satisfaction in England and Wales\n Damages for Breaches of Article 1 of Protocol No 1\n Conclusion\n10. Positive Obligations\n Introduction\n The Scope of the Positive Obligation under Article 1 of Protocol No 1\n Conclusion\n11. The Relationship between Article 1 of Protocol No 1 and Articles 6, 8 and 14\n Introduction\n Article 6 and Article 1 of Protocol No 1\n Article 8 and Article 1 of Protocol No 1\n Article 14 and Article 1 of Protocol No 1\n12. Conclusion\n The Role of Article 1 of Protocol No 1\n Summary\nBibliography\nIndex