Surprisingly, very little scholarly work discusses the state's
right to property under international law, (8) which formed the basis of Timor-Leste's original claim (9) and received significant attention during oral arguments.
The Tanzimat Decree, which underlines the importance of the
right to property and the right to inheritance, also prohibits confiscation for the full safety of private property.
The provision makes no reference to property cultural or otherwise, the restitution of cultural property can conflict with the powerful countervailing human right of the
right to property (47) and the broader state interest in the 'protection' and ultimately control of cultural property remains a powerful weapon in the arsenal of the State under international law; a legal regime designed by and still principally for the benefit of States.
He further stressed that even after the
right to property was taken out of the fundamental rights chapter, it was still a legal right.
Not acknowledging the loving bond of a union between two people deprives them of liberty, the freedom to choose and, ultimately, the
right to property.
To claim otherwise is to deny all
right to property and to make the two working men slaves of the other two.
In January, the Iraqi Governing Council proposed Resolution 137, which would have shifted jurisdiction over family life from civil law to Islamic law, giving local religious leaders control over women's
right to property inheritance, divorce, child custody and even movement.
Nagel and Murphy, however, categorically rule out a natural
right to property or anything else before the state exists--and thus render the idea of "consensual rule" an absurdity.
Therefore the question before the Court was whether a tenant by the entirety has property or a
right to property to which a lien could attach.
They did this by willfully manipulating the national press, historiography, and literature to show that the war had been about states rights, the
right to property, and the right to live an agrarian life free of the class strife that supposedly plagued the industrialized North.
Why shouldn't they have the same
right to property battles, custody disputes, and dirty laundry aired in public as heterosexuals?
