The State's Right to Property Under International Law

15 Pages Posted: 28 Sep 2015 Last revised: 26 Sep 2016

Abstract

As absurd as it may sound, States do not have a general right to property under international law. Conventional and customary international law protect certain types of State property (e.g., diplomatic property, extraterritorial vehicles), but not all types of State property. Every year, however, more and more types of State property find themselves in need of protection, such as computer networks, communication systems, and privileged documents. International courts, political leaders, and commentators have proposed treaties to protect these specific types of State property. But what is ultimately lacking is the State's general right to property under international law.

Keywords: international law, property, cyber-attack, Timor-Leste v. Australia, immunities

Suggested Citation

Tzeng, Peter, The State's Right to Property Under International Law. Comment, Yale Law Journal, Vol. 125, No. 6, pp. 1805-1819 (2016). Available at SSRN: https://ssrn.com/abstract=2665879

Peter Tzeng (Contact Author)

Foley Hoag LLP ( email )

United States

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