New Property in International Law

New Property in International Law PDF Author: Jean Ho
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262

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Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.

New Property in International Law

New Property in International Law PDF Author: Jean Ho
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262

Get Book Here

Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.

The International Law of Property

The International Law of Property PDF Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Category : Law
Languages : en
Pages : 457

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Book Description
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

The New International Law

The New International Law PDF Author: Christoffer C. Eriksen
Publisher: BRILL
ISBN: 9004215956
Category : Law
Languages : en
Pages : 268

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Book Description
This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research. Such assumptions include the transformation of sovereignty, the horizontal and vertical dispersal of governmental authority, the incompleteness of municipal law for legal regulation of individuals and private entities, states’ acceptance of treaty regimes whereby international authorities exercise regulatory power that interferes with domestic authority, and the proliferation of new dispute-settling bodies on the international plane. The volume aims to display the diversity within the new generation of international legal scholarship and to bring the analyses and arguments of this research to a wider audience. Topics addressed include environmental regulation, human rights and humanitarian protection, criminal law, and international security and development.

Public International Law

Public International Law PDF Author: Alberto Costi
Publisher:
ISBN: 9781877511042
Category : International law
Languages : en
Pages :

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Book Description
Public International Law: A New Zealand Perspective is a major work for students of the public international law elective, practitioners and large firms with global practices. This book examines the events and cases that have affected New Zealand as a nation and as a Pacific island, and espouses the fundamental principles of international law from this perspective. New Zealand experience and interests with international law differ from the European- or US-centric studies for reasons of geographical and regional needs. This book looks at developing understanding of compliance with, rather than enforcement of, international law principles, with each chapter containing a case study and list of additional readings that can aid understanding of the topic covered. The author panel is overflowing with New Zealand international law experts, who have provided academically rigorous content relevant to New Zealand and the Pacific Rim.

Intellectual Property and Private International Law

Intellectual Property and Private International Law PDF Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 1847319696
Category : Law
Languages : en
Pages : 1140

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Book Description
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Garrow and Fenton's Law of Personal Property in New Zealand

Garrow and Fenton's Law of Personal Property in New Zealand PDF Author: Roger Tennant Fenton
Publisher:
ISBN: 9781877511493
Category : Personal property
Languages : en
Pages : 946

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Book Description
The two-volume 7th edition of the highly regarded GARROW AND FENTON'S LAW OF PERSONAL PROPERTY IN NEW ZEALAND provides in-depth coverage of personal property securities as well as all other types of personal property. The 7th edition enlarges the role of previous editions, examining recent developments in a wholly modern context. The only comprehensive and completely up-to-date treatment of the topic of personal property in New Zealand. The two-volume work comprises over 2000 pages of commentary, allowing for in-depth treatment of the relevant topics. Continuation of a well-known and long-established book in the New Zealand market. A must-have title for anyone practising in a commercial or general practice. Written by Dr Roger Fenton, a highly regarded expert in this area of law. Volume 1 covers all types of personal property and includes detailed commentary on ownership of goods or tangible things, fixtures, gifts, bailment, liens, ships (including maritime liens), choses in action, and special forms of choses in action and incorporeal property. It also includes an overview of personal property securities.

Digest of International Law

Digest of International Law PDF Author: Marjorie Millace Whiteman
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1082

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Book Description


New Developments in EU and International Copyright Law

New Developments in EU and International Copyright Law PDF Author: Irini A. Stamatoudi
Publisher: Kluwer Law International B.V.
ISBN: 9041159991
Category : Law
Languages : en
Pages : 576

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Book Description
More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.

The New Terrain of International Law

The New Terrain of International Law PDF Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 1400848687
Category : Political Science
Languages : en
Pages : 477

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Book Description
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Intellectual Property and Private International Law

Intellectual Property and Private International Law PDF Author: James J. Fawcett
Publisher: Oxford University Press
ISBN: 019955658X
Category : Law
Languages : en
Pages : 1056

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Book Description
This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.