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http://ssrn.com/abstract=1357731
 
 

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The Global Law of the Land


Amnon Lehavi


Interdisciplinary Center Herzliyah - Radzyner School of Law


University of Colorado Law Review, Vol. 81, p. 425, 2010

Abstract:     
Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy, by virtue of their reflecting place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, basing itself on an historical, comparative, and theoretical study of the structures and strictures of domestic land laws and of current cross-border phenomena that dramatically affect national land systems.

The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the forces of "globalization," we must come to terms with the particularly difficult institutional and jurisprudential constraints that are involved in undermining the local basis of land laws. Thus, in order to systematically succeed in intensifying cross-border land law rules, global and national actors need to construct more comprehensive supra-national institutions, prevent normative over-fragmentation within each legal system, and pay close attention to local-specific interplays between law, politics, economics, and culture.

Number of Pages in PDF File: 47

Keywords: property, land, institutions, jurisprudence, society, culture, norms, international investment, international law, development, BIT, ICSID, human rights

JEL Classification: F02, F21, G15, H73, K11, K33

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Date posted: March 23, 2009 ; Last revised: June 4, 2010

Suggested Citation

Lehavi, Amnon, The Global Law of the Land. University of Colorado Law Review, Vol. 81, p. 425, 2010. Available at SSRN: http://ssrn.com/abstract=1357731

Contact Information

Amnon Lehavi (Contact Author)
Interdisciplinary Center Herzliyah - Radzyner School of Law ( email )
P.O. Box 167
Herzliya, 46150
Israel
972 9 9602765 (Phone)
972 9 9568605 (Fax)
HOME PAGE: http://www.idc.ac.il
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