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This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author…
argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.Streaming and Copyright Law: An end-user perspective (Routledge Research in Intellectual Property)
Par Lasantha Ariyarathna. 2022
This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian…
position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of "embodiment" and scope of "substantial part". Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond (Routledge Research in Health Law)
Par Ebenezer Durojaye, Lucyline Nkatha Murungi. 2023
This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at…
the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.A Modern Treatise on the Principle of Legality in Criminal Law
Par Gabriel Hallevy. 2009
This book discusses legality one of the four main principles of criminal law and is divided into six…
parts according to the scientific understanding of this key concept Chapter 1 explores the relation between legality and the general theory of criminal law in the context of the structure and development of legality in human society This chapter also outlines the four secondary principles of legality and describes them in general terms Chapters 2-5 discuss in detail each of the four secondary principles Legitimate Sources of the Criminal Norm Applicability of the Criminal Norm in Time Applicability of the Criminal Norm in Place and Interpretation of the Criminal Norm Finally Chapter 6 rounds out the discussion by addressing the problem of the conflict of lawsAI in eHealth: Human Autonomy, Data Governance and Privacy in Healthcare (Cambridge Bioethics and Law)
Par Marcelo Corrales Compagnucci, Michael Lowery Wilson, Mark Fenwick, Nikolaus Forǵ, Till Bärnighausen. 2022
The emergence of digital platforms and the new application economy are transforming healthcare and creating new opportunities and risks for…
all stakeholders in the medical ecosystem. Many of these developments rely heavily on data and AI algorithms to prevent, diagnose, treat, and monitor diseases and other health conditions. A broad range of medical, ethical and legal knowledge is now required to navigate this highly complex and fast-changing space. This collection brings together scholars from medicine and law, but also ethics, management, philosophy, and computer science, to examine current and future technological, policy and regulatory issues. In particular, the book addresses the challenge of integrating data protection and privacy concerns into the design of emerging healthcare products and services. With a number of comparative case studies, the book offers a high-level, global, and interdisciplinary perspective on the normative and policy dilemmas raised by the proliferation of information technologies in a healthcare context.Effective Public Administration Strategies for Global "New Normal"
Par Perfecto G. Aquino Jr., Revenio C. Jalagat Jr.. 2022
This book analyzes the recent discussions on the practices, issues, challenges and strategies of various public organizations and service organizations…
in light of the ongoing global pandemic. The book investigates how such organizations have managed to sustain the changes brought on to operations due to the new normal business environment and, in doing so, provides lessons and insights on how similar strategies could be implemented successfully in other organizations. This book would be a valuable read for policy makers, decision makers of public organizations, and scholars.Stolen Wealth, Hidden Power: The Case for Reparations for Mass Incarceration
Par Tasseli McKay. 2022
A meticulous and exhaustive accounting of the total economic devastation wreaked on Black communities by mass incarceration with an action…
guide for vital reparations.Stolen Wealth, Hidden Power is a staggering account of the destruction wrought by mass incarceration. Finding that the economic value of the damages to Black individuals, families, and communities totals $7.16 trillion—roughly 86 percent of the current Black–White wealth gap—this compelling and exhaustive analysis puts unprecedented empirical heft behind an urgent call for reparations. Much of the damage of mass incarceration, Tasseli McKay finds, has been silently absorbed by families and communities of the incarcerated—where it is often compensated for by women’s invisible labor. Four decades of state-sponsored violence have destroyed the health, economic potential, and political power of Black Americans across generations. Grounded in principles of transitional justice that have guided other nations in moving past eras of state violence, Stolen Wealth, Hidden Power presents a comprehensive framework for how to begin intensive individual and institutional reparations. The extent of mass incarceration’s racialized harms, estimated here with new rigor and scope, points to the urgency of this work and the possibilities that lie beyond it.The Principle of the Welfare of the Child: A History (Children and the Law)
Par Kerry O'Halloran. 2022
This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales…
to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public – care, protection and control – and in the private – matrimonial, adoption etc – sectors of family law. By analysing the content of the principle this book discloses the essence of what has been termed ‘the golden thread running through the common law’. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children. In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.Transforming the Hong Kong Legal Machine: Gender and Familial Law in Jurisprudence
Par Man-Chung Chiu. 2022
This book examines the law in relation to how it has responded to sexual and gender issues in the context…
of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Žižek and from the perspective of Mahāyāna Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies.The Politics of Human Life: Rethinking Subjectivity
Par Piergiorgio Donatelli. 2021
This book centres on the notion of human life that lies at the foundation of contemporary thinking in the areas…
of ethics, law and politics. Centrally, the book addresses the deep divide, characteristic of this thinking, between: on the one hand, those who wish to do away with any anthropological understandings of the human, and appeal to mere facts delivered by science; and, on the other hand, critics who defend an anthropological understanding of human life that is tied to traditional, teleological, metaphysics. In short: knowledge of the world is given over to the sciences and moral theory is considered to operate in a distinct, and insulated, domain. But this opposition has, Piergiorgio Donatelli argues here, outlived its usefulness. Through a discussion of the intimate human spheres of reproduction, dying and sexuality, he argues that we now live in a world characterized by new ways of living: by novel rearrangements of emotions, and by the modification, and in some cases a radical rupture in, existing ideas of human life. These shifts challenge any established separation between facts and norms, between human life and its conceptualization. As such, it is argued here, they simultaneously offer the possibility of a new, socially articulated, understanding of the relationship between subjectivity and normativity. Engaging pressing contemporary themes, this book will be invaluable to scholars in the fields of ethics, law and political theory, and both analytic and continental philosophy.This book critically analyses the prospects of overhauling the legal framework of climate change regulation of corporations in African state.…
It adopts the dilute interventionism regulatory framework to tackle the culture of regulatory resistance by corporations in Africa. Over the course of this volume, Kikelomo O. Kila critiques the climate change legal framework in all 53 African states and conducts an in-depth case study of the two largest economies in Africa – Nigeria and South Africa – to highlight the commonality of the problems in Africa and the potential for the dilute interventionism paradigm to significantly address these problems. The book establishes why African states should directly intervene through legislative mechanisms to compel corporations to incorporate climate change mitigation in their business activities. It proposes that this direct intervention should comprise a blend of prescriptive and facilitative mechanisms structured in a dilute interventionism regulatory model. Overall, this volume argues that implementing this model requires the institution of a strong and independent regulator with a veto firewall protection system that guarantees its de facto independence from government and external influences. Corporate Regulation for Climate Change Mitigation in Africa will be of great interest to climate change stakeholders at the international, regional, and domestic levels, policymakers, regulatory practitioners, and legal experts on corporate regulation. It will also be an insightful resource for students and scholars of climate change and environmental law, policy, and governance.Anarchism: An Art of Living Without Law
Par Elena Loizidou. 2023
The term anarchism derives from the Greek word ἀναρχία meaning ‘without ruler or leader, and without law’. Although the roots…
of the word can be traced back to Ancient Greece, anarchism as a political ideology is relatively new. Anarchism developed as a political ideology at the end of the eighteenth century at the time of the emergence of the modern State. And, as is well known, anarchism developed both a politics and a way of life that did not include the State as its compass, support and structure. In contrast to the extensive contemporary literature about anarchist politics and ideas, this book focuses on the practices and attitudes that constitute what the author refers to as an anarchist ‘art of life’. The book draws on archival material that records the life and actions of the anarchist Emma Goldman and her associates, legal documents and writings by classical (Pierre Joseph Proudhon, Peter Krotopkin) and contemporary anarchists (David Graeber, Saul Newman, Ciarra Bottici), as well as contemporary groups such as the Clandestine Insurgent Rebel Clown Army and Occupy Wall Street. By studying the idiosyncrasies of this art of life, it argues, we are better able to appreciate how anarchism is not some future utopian oriented project, waiting to come into existence after a revolution, but rather exists in parallel to the life and politics offered by the State. Anarchism: An Art of Living Without Law will be of interest to graduate students and academics working on critical legal theory, political theory, sociology and cultural studies.Confucian Culture and Competition Law in East Asia
Par Jingyuan Ma, Mel Marquis. 2022
Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants…
of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.From The Ground Up: Environmental Racism and the Rise of the Environmental Justice Movement
Par Luke W. Cole, Sheila R. Foster. 2001
When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism--the disproportionate impact of…
environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities--gained unprecedented recognition. Behind the President's signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today, thousands of activists in hundreds of locales are fighting for their children, their communities, their quality of life, and their health. From the Ground Up critically examines one of the fastest growing social movements in the United States, the movement for environmental justice. Tracing the movement's roots, Luke Cole and Sheila Foster combine long-time activism with powerful storytelling to provide gripping case studies of communities across the U. S--towns like Kettleman City, California; Chester, Pennsylvania; and Dilkon, Arizona--and their struggles against corporate polluters. The authors effectively use social, economic and legal analysis to illustrate the historical and contemporary causes for environmental racism. Environmental justice struggles, they demonstrate, transform individuals, communities, institutions and even the nation as a whole.Legal Theory of Auction
Par Kristijan Poljanec. 2023
The widespread understanding of auction structure considers auction as consisting of three contracts: contract between the seller and the auctioneer,…
contract between the auctioneer and the buyer and the sale contract between the seller and the buyer. The book challenges this concept arguing that the traditional tripartite concept of auction is too narrow and does not correspond to the actual structure of auction relations. Demonstrating that an auction structure consists of a plethora of legal relationships, including non-contractual relations, this book explores the legal concept of auction sale and structure of accompanying relations. The book provides a historical overview of auctions and different auction models. Following a brief introduction to the economic theory, auction models are examined against the following legal criteria: price formation, publicity, parties' autonomy, legal form, and applied technology to find a legal concept and nature of auction. The book explores the legal position of key auction figures and auction objects to identify the categories of legal relations that appear at auction. It explores legal nature of the main contract, as well as relations between the consignor and the auctioneer, the auctioneer and the bidders, the bidders, the consignor and the bidders. The book covers relations arising from droit de suite, financial and bidding agreements to provide a comprehensive overview of less known legal relations that commonly arise in auction practice.The Role of the Media in Criminal Justice Policy: Prisons, Populism and the Press
Par Natalia Antolak-Saper. 2023
This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This…
impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.Social Control: An Introduction
Par James J. Chriss. 2022
What is social control? How do social controls become part of everyday life? What role does the criminal justice system…
play in exerting control? Is the diagnosis and treatment of mental illness a form of social control? Do we need more social controls to prevent terrorist atrocities? In this third edition of his popular introduction, James J. Chriss carefully guides readers through the debates about social control. The book provides a comprehensive guide to historical debates and more recent controversies, examining in detail the criminal justice system, medicine, national security, and everyday life. Chriss blends theoretical discussion with a rich range of contemporary examples to illustrate the ways in which social control is exerted and maintained. The updated edition includes new or expanded material on autism, trauma and PTSD, sports participation, the murder of George Floyd and the ensuing protests, domestic terrorism, the COVID-19 pandemic, and the growing importance of social media in surveillance and informal control, among other topics. Social Control is essential reading for students taking courses in deviance and social control, and will also appeal to those studying criminology, the sociology of law, and medical sociology.Modern Land Law
Par Martin Dixon. 2018
Modern Land Law is one of the most current and reliable textbooks available on land law today offering a…
lively and thought-provoking account of a subject that remains at the heart of our legal system Dispelling any apprehension about the subject s formidability from the outset this compact textbook provides an absorbing and exact analysis of all the key legal principles relating to land Written with students firmly in mind a clear introduction to every chapter frames each topic in its wider context and corresponding chapter summaries help to consolidate learning and encourage reflection The 11th edition has been thoroughly revised and updated to address key developments in the law including quasi-easements recent developments around the interplay of criminal law and land law in adverse possession and the difficulties and uncertainties inherent in determining remedy in cases of proprietary estoppelSex Trafficking: Best practices for assessment and intervention (SpringerBriefs in Psychology)
Par Jennifer Davidtz, Caroline M. Haskamp, Danielle H. Millen, Brittany Plombon, Giovanna Basilio, Tom D. Kennedy. 2022
This Brief proposes best practices for assessment and intervention with sex trafficking survivors, rooted in the existing theory and practice…
literatures. Based in current research and clinical practice, these recommendations are embedded in the context of cultural sensitivity. This volume provides a relevant, practical, and informative outline of sex trafficking, associated legal aspects, and best practices for mental health clinicians to aid in successful treatment of sex trafficking survivors.This book offers an in-depth analysis of the relationship between EU citizenship, the European arrest warrant (EAW), and the legality…
principle. It focuses on the role of the EAW in relation to two foreseeability problems with which EU citizens – especially those who exercise free movement rights – could be confronted. These problems concern the foreseeability of specific national criminal laws at the time of the offense on the one hand and forum decisions on the other. The first part of the book addresses the extent to which these foreseeability problems and the role of the EAW therein are viewed as legality problems at the EU level and in three national legal orders (the Netherlands, Germany, and England and Wales).In turn, the second part of the book critically examines the current scope and content of the legality principle in light of the EU’s objective to offer its citizens an Area of Freedom, Security and Justice (AFSJ) in which both safety and free movement are guaranteed. As EU citizens often encounter foreseeability problems when exercising their free movement rights, it is argued that they should be protected by a transnational framework of fundamental rights. The book subsequently makes recommendations for a transnational interpretation of the legality principle, one which fits the normative context of the AFSJ as described in Article 3(2) TEU. On the basis of the evolution of EU citizenship over time, the book also develops two EU citizenship narratives and explains how they could contribute to transnational fundamental rights protection and a solution to foreseeability problems. With regard to arriving at concrete solutions, the book offers recommendations for EU legislation that could adequately remedy foreseeability problems and the role of the EAW therein.