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Articles 61 à 80 sur 17522
Par Robin Ramcharan. 2012
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in…
turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.Par David Haljan. 2012
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it…
takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.Par Rami M. Olwan. 2012
The book examines the correlation between Intellectual Property Law - notably copyright - on the one hand and social and…
economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).Par Na Jiang. 2016
The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in…
order to promote a better understanding of wrongful convictions in China's practice with the help of comparative analyses, verifiable and empirical data and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.Par John-Mark Iyi. 2016
The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on…
the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.Par Cristiano Maciel, Vinícius Carvalho Pereira. 2013
The views of leading researchers on the emerging topic of post-mortem digital legacy and posthumous interaction are explored in this…
book which combines the technical, cultural and legal aspects associated with this new branch of HCI. The technical aspects of emerging technologies, both for the web and mobile platforms, are analysed and useful information is provided for system development, requirements engineering, and data management and storage. The authors address the cultural aspects of virtual identity, ethical problems, cross-culture differences regarding memories and death, bereavement, taboos and beliefs, and the visual/verbal representations of death. The legal aspects covered include regulation, property, privacy and conflicts between international and local jurisdictions. The coverage of Digital Legacy and Interaction: Post-Mortem Issues is relevant to the development of systems that consider the influence of death, bereavement and mortality on Human Computer Interaction. The interdisciplinary approach that guides this book is intended to foster enriching and innovative discussions amongst HCI scholars and professionals. Cristiano Maciel and Vinícius Carvalho Pereira are researchers at LAVI (Laboratory of Interactive Virtual Environments) and professors at UFMT (Federal University of Mato Grosso, Brazil).Par Jeffrey Roy. 2012
The Westminster-stylized model of Parliamentary democratic governance is out of step with today's digitally and socially networked world. The resulting…
context for public sector governance brings both promise and peril - with profound consequences for public servants, elected officials, and citizens alike. This book presents a timely and thorough examination of the main sources of tension between the political and administrative foundations of the traditional state apparatus, commonly referred to as 'machinery', and newly emerging alternative governance mindsets and mechanisms driven by the advent of 'mobility'. Consistent with the emergence of Government 2.0, some of the critical technological and organizational dimensions of mobility include openness, cloud computing, privacy and security, and social media. Furthermore, a more informed, educated, and connected citizenry creates new pressures and opportunities for public engagement, particularly online. Blending conceptual and empirical perspectives from Canada and many other jurisdictions around the world, this book aims to provide scholars, students, and practitioners of democratic and public sector governance with fresh insight into both the prospects for reform and the critical choices that lie ahead for governments and citizens in an increasingly mobile and participative age.Par Nadia C.S. Lambek, Priscilla Claeys, Adrienna Wong, Lea Brilmayer. 2014
Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just…
solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change - the right to food and food sovereignty. Individual chapters discuss Vía Campesina's struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap.Par E. Hey, I. F. Dekker. 2011
The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum…
for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes documentation on Netherlands' International Law practice.Par Pranab Kumar Panday. 2012
This volume offers an understanding of institutional reforms, gender-related policy dynamics, the role of different actors in the policy process,…
and the impact of a particular policy on the state of women's political participation in Bangladesh. The discussion is set against the background of the Fourth World Conference on Women, 1995, in Beijing, in which a Platform for Action signed by heads of governments expressed their countries' commitment to achieve 'gender equality and empowerment of women' through ensuring integration of the gender perspective at all levels. In Bangladesh, notable among the initiatives undertaken was the enactment of the Local Government (Union Parishads) (Second Amendment) of 1997, through which one-third of seats were reserved for women in the Union Parishad (UP) and the system of direct election was introduced to elect women members in reserved seats. The Act of 1997 is considered to be a milestone, since it has enhanced women's participation in the local government politics significantly. Against this background, the specific research questions that have been addressed in this volume include: the necessity of reform for enhancing women's participation in politics; the context against which the Government of Bangladesh enacted the Act and the reasons such an initiative was not taken earlier; the actors behind the reforms and their role in the reform process; and the impact of the reform on the state of women's participation at the local level in Bangladesh.Par Rosanna Masiola, Renato Tomei. 2015
This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a…
transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny. ' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e. g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).Par Federico Ferretti. 2014
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and…
policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers' personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.Par Krzysztof J Pelc. 2016
All treaties, from human rights to international trade, include formal exceptions that allow governments to legally break the rules that…
they have committed to, in order to deal with unexpected events. Such institutional 'flexibility' is necessary, yet it raises a tricky theoretical question: how to allow for this necessary flexibility, while preventing its abuse? Krzysztof Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events. Essential for undergraduate students, graduate students, and scholars in political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of evidence, its multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.Par Mortimer Sellers, Tadeusz Tomaszewski. 2009
This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law…
that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics. This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state.Par Nicole S. van der Meulen. 2010
The existence of financial identity theft in the United States, and its (gradual) spread to other areas of the world,…
increases the need to understand how identity theft occurs and how perpetrators of the crime manage to take advantage of developments within contemporary society. This book aims to provide such an understanding through an in-depth comparative analysis which illustrates how states, financial service providers, consumers, and others facilitate the occurrence of financial identity theft in the United States and the Netherlands.Par Hiromi Sato. 2010
The legal consequence of the superior orders defense has long been debated as one of the major problems in international…
criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.Par Laura Nistor. 2010
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated…
debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.Par John Bolch. 2009
This book will save you money. Even if the divorce is completely straightforward, and there are no arrangements for children…
and finances to sort out, a solicitor will typically charge between GBP500 and GBP1000 to deal with the divorce for you, not including court fees. If there are arrangements for children or finances to sort out, then the solicitor's fees are likely to be many times that sum. This book is for the increasing number of people who have to go through divorce proceedings without legal assistance, and for those who just want to save legal costs. It includes: *A guide to divorce proceedings, including completing all the required forms. *Sorting out financial/property arrangements, whether by agreement or through the court. *Making arrangements for children. *Details of child support maintenance. *Dealing with domestic violence, costs and mediation. *Plus specimen forms, useful addresses and websites, and a detailed glossary of legal terms. This book is for anyone who is seeking or contemplating a divorce, or anyone whose spouse has issued divorce proceedings against them. Even if you are separating from your spouse and do not wish to divorce at this time, this book will be useful to you as many of the principles with regard to arrangements for children and sorting out finances are the same.Contents: 1. Divorce; 2. Children; 3. Child maintenance; 4. Finances and property; 5. Domestic violence; 6. Mediation; 7. Costs and legal aid; 8. Final thoughts; Appendix 1 - Example Documents; Appendix 2 - Useful Addresses and Websites; Appendix 3 - Glossary; Appendix 4 - List of Divorce County Courts; Index.Par Gr goire Mallard, J r me Sgard. 2016
Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the…
scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, and international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.Par Mely Caballero-Anthony, Youngho Chang, Nur Azha Putra. 2011
Traditional notions of security are premised on the primacy of state security. In relation to energy security, traditional policy thinking…
has focused on ensuring supply without much emphasis on socioeconomic and environmental impacts. Non-traditional security (NTS) scholars argue that threats to human security have become increasingly prominent since the end of the Cold War, and that it is thus critical to adopt a holistic and multidisciplinary approach in addressing rising energy needs. This volume represents the perspectives of scholars from across Asia, looking at diverse aspects of energy security through a non-traditional security lens. The issues covered include environmental and socioeconomic impacts, the role of the market, the role of civil society, energy sustainability and policy trends in the ASEAN region.