This Article asks whether the right to property, as a human right, serves the same general purpose as other human rights. The Article does so by examining the standards relating to compensation for deprivations of property under the European human rights system. If the system protects property for similar reasons as other fundamental rights, the interpretation of the right to property should draw upon the principles developed in relation to the interpretation of other rights. However, if the right to property is distinct from other human rights, then perhaps guidance on its interpretation should come from comparative law, specifically in relation to rights to property that may be found in constitutional law or perhaps other international treaties.
Compensation for Porperty Under the European Convention on Human Rights,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol28/iss2/2