instruments permitting the deprivation of property in some specific instances. Such cases are often associated with large-scale development projects in pursuit of a greater public benefit, such as the construction of dams or road infrastructure. While the state, as established, has the authority to expropriate privately-owned property, certain principles must be followed for it to remain lawful. The following common and widely accepted principles are extracted from various components of IHRL and reiterated in domestic and regional legislations to provide a system of protection for private property.36 · · · · Legality: Due process or lawfulness of the act of property deprivation. This means the act must have a legitimate aim according to the law, and judicial review must be guaranteed. This principle is meant to avoid arbitrary deprivation of property.37 Public interest: The deprivation of property must be for public purposes, or for the benefit of society.38 Proportionality: there must be a reasonable relationship of proportionality between the means employed and achieving the desired aim. A just balance should be found between the protection of the right of property and the needs of general interest.39 Ensuring full and just compensation (timely, adequate and effective).40 The principles are interrelated and should frame the practice of land confiscation and denial of access, when states are considering limiting an individual’s right to use property, or depriving them from their property. It is also important to emphasize that the deprivation of private property must be an exceptional act and not a state policy.41 Furthermore, the aforementioned principles should be implemented together 36 See European Convention on Human Rights, Protocol, Article 1; American Convention on Human Rights, Article 21; African Charter on Human and Peoples’ Rights, Articles 14 and 21. These principles can also be found in different forms or structure in numerous IHRL instruments and conventions. For example, the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement include a list of principle that must be followed for an eviction to be lawful: (a) authorized by law; (b) carried out in accordance with international human rights law; (c) undertaken solely for the purpose of promoting the general welfare; (d) reasonable and proportional; (e) regulated so as to ensure full and fair compensation and rehabilitation; and (f) carried out in accordance with the present guidelines. 37 Laurent Sermet, The European Convention on Human Rights and property rights, Council of Europe, 1998, Human rights files no. 11, 32, available at: http://www.echr.coe.int/LibraryDocs/DG2/HRFILES/ DG2-EN-HRFILES-11(1998).pdf [accessed 19 September 2017]. 38 Id., 33. 39 Id., 34. 40 Id., 38. 41 Id., 26. 19

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