A Theory of Property Rights Formation in Palestinian Refugee Camps

2016 ◽  
Author(s):  
Nadya Hajj
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Data Sources ◽  
Refugee Camps ◽  
Central Argument ◽  
Palestinian Refugee ◽  
Key Terms

Chapter 1 develops the central argument, defines key terms, specifies cases, and describes data sources. It provides a theory of property right formation in Palestinian refugee camps.

scholarly journals PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS

2005 ◽  
Vol 64 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Susan Bright ◽  
Ben McFarlane
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Court Order ◽  
Personal Rights ◽  
Central Argument

THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.

Introduction

2016 ◽  
Author(s):  
Nadya Hajj
Keyword(s):  
Property Rights ◽  
Refugee Camp ◽  
Institutional Innovation ◽  
Economic Conditions ◽  
Community Living ◽  
Refugee Camps ◽  
Sovereign State ◽  
Palestinian Refugee ◽  
Political Landscapes ◽  
Political Economic

Property rights are not supposed to exist in Palestinian refugee camps. At least the existing scholarly record does not predict their presence. After all, why would a marginalized community living in uncertain political economic conditions go to all the trouble and effort of crafting institutions that lay claim to assets in a refugee camp? Yet a routine interview with a Palestinian refugee led to the discovery of formal legal titles inside refugee camps strewn across Lebanon and Jordan. The discovery triggered a new understanding of the potential for institutional innovation and evolution in transitional political landscapes, places that lack a stable sovereign state with the legal jurisdiction to define and enforce institutions....

scholarly journals Is Amending Section 25 of the South African Constitution an End to the Land Reform Debate?

2019 ◽  
Author(s):  
Joseph Lekunze ◽  
Usapfa Luvhengo
Keyword(s):  
South Africa ◽  
Property Rights ◽  
Social Cohesion ◽  
Land Reform ◽  
Political Stability ◽  
White Paper ◽  
Property Right ◽  
Central Argument ◽  
South African Constitution ◽  
Land Question

Section 25(2) of the Constitution of South Africa protects property rights and the White Paper on Land Reform demonstrate tolerance and wisdom in the application of land reform policies. The central argument to this research was whether amendment of Section 25 (2) of the constitution to allow expropriation of land without compensation redresses redistribution of land for social cohesion and political stability. The researcher argues that, currently, Section 25 of the constitution provides for expropriation without compensation but at the same time protects property rights reducing the pace of redistribution. Hence, an amendment of section 25 (2) may remove the property right clause and accelerate expropriation without compensation. But whether the removal of the property right clause and acceleration of the process of expropriation without compensation will result to equitable and fair distribution of land to the majority of landless South Africans is not certain. The study concludes that, amendment of Section 25(2) is a justifiable process and priorities must be given to equity in redistribution to the majority landless at the margins of communities and not elites. If the amendment of Section 25 (2) cannot guarantee equity in redistribution for all ill respective of race, social cohesion, political stability and economic growth, intra-racial tensions may emerge. Such tensions may further compound the land question and affects investors’ confidence in South Africa.

The Palestinian Refugee Camps In Jordan: Between National Identity and Socio-economic Integration

2004 ◽  
Vol 2 (2) ◽  
pp. 198-221 ◽  
Author(s):  
Ala Al-Hamarneh
Keyword(s):  
United Nations ◽  
Collective Memory ◽  
Economic Integration ◽  
Refugee Camps ◽  
Spatial Integration ◽  
Political Activities ◽  
Cultural Traditions ◽  
The Past ◽  
Distinct Character ◽  
Palestinian Refugee

At least 50 per cent of the population of Jordan is of Palestinian origin. Some 20 per cent of the registered refugees live in ten internationally organized camps, and another 20 per cent in four locally organized camps and numerous informal camps. The camps organized by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) play a major role in keeping Palestinian identity alive. That identity reflects the refugees' rich cultural traditions, political activities, as well as their collective memory, and the distinct character of each camp. Over the past two decades integration of the refugees within Jordanian society has increased. This paper analyses the transformation of the identity of the camp dwellers, as well as their spatial integration in Jordan, and other historical and contemporary factors contributing to this transformation.

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