International Comparative Property Rights: A Cross-Cultural Discipline Comes of Age

Abstract:     
This article provides an overview of the differences and similarities among a select group of nations through an examination of their real property protection regimes. The countries selected – South Africa, India, Chile, Singapore and Ghana – were chosen to illustrate how geographical, social, and economic diversity all contribute to different property rights cultures and legal approaches. Part II of this article examines general international or global factors that affect property rights. Part III offers a focused look at the historical and cultural development of property rights in the five selected countries. Part IV follows with a discussion of some of the domestic factors present in these five different countries that contribute to or influence the development and enforcement of different property rights regimes. The article concludes in Part V with a discussion about the importance of understanding the property rights regimes in other countries to better enable practitioners to provide responsible legal counsel to clients.

Number of Pages in PDF File: 43

Keywords: International Property Rights, Ghana, Chile, South Africa, India, Singapore, Eminent Domain, Condemnation, Expropriation, Takings, Just Compensation, Globalization, Public Purpose

JEL Classification: K11, K33

Accepted Paper Series