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Property Law And Human Rights
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Book Synopsis Intellectual Property Law and Human Rights by : Paul Torremans
Download or read book Intellectual Property Law and Human Rights written by Paul Torremans and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.
Book Synopsis Property and Human Rights by : Florence Wagman Roisman
Download or read book Property and Human Rights written by Florence Wagman Roisman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains materials regarding intersections of property law with civil and human rights claims in the United States and internationally. The chapters cover The Nature of Property, The Development of Civil Rights Principles in the U.S., International Human Rights Law, and Human Rights in the U.S. Roisman addresses homelessness, expropriation, and discrimination on the bases of race, sex, sexual orientation, disability, and other characteristics. Among the recent cases presented are the U.S. Supreme Court's 2004 decision rejecting a claimed property interest in the recognition of a protective order, a South African case enforcing a right to housing, a 2003 Maryland decision assessing the need for just cause for eviction in Low Income Housing Tax Credit developments, a 2002 9th Circuit opinion regarding disability discrimination, and the Michigan Supreme Court decision overturning Poletown. A teacher's manual will detail suggested ways of presenting these materials in the property course.
Book Synopsis Human Rights and Intellectual Property by : Laurence R. Helfer
Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Book Synopsis Intellectual Property and Human Rights by : F. W. Grosheide
Download or read book Intellectual Property and Human Rights written by F. W. Grosheide and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.
Book Synopsis Intellectual Property Law and Human Rights by : Paul Torremans
Download or read book Intellectual Property Law and Human Rights written by Paul Torremans and published by Kluwer Law International B.V.. This book was released on 2020-06-08 with total page 1005 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Book Synopsis Property Law and Human Rights by : Deborah Rook
Download or read book Property Law and Human Rights written by Deborah Rook and published by . This book was released on 2001 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act. The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.
Book Synopsis The Human Right to Property by : Theo R. G. van Banning
Download or read book The Human Right to Property written by Theo R. G. van Banning and published by Intersentia nv. This book was released on 2002 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 Framework for research
Book Synopsis Human Rights and the Transformation of Property by : Stuart Wilson
Download or read book Human Rights and the Transformation of Property written by Stuart Wilson and published by . This book was released on 2021-06-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discusses how they interact. It shows how recent developments in the law of eviction, rental housing, mortgage and consumer credit have opened up new spaces in which unlawful occupiers, tenants and debtors are challenging the power of landlords and financial institutions to dispossess them. By triggering a radical restructuring of property law, Wilson argues, the Constitution may yet keep the promise of a South Africa that belongs to all who live in it. Human Rights and The Transformation of Property offers the most up-to-date critical account of recent developments in residential lease law, mortgage bond law and eviction law, and provides a policy rationale for these developments. It will be a valuable teaching text for law students and a reference guide for law and humanities academics, legal practitioners, NGOs and activists.
Book Synopsis Land as a Human Right by : Abdon Rwegasira
Download or read book Land as a Human Right written by Abdon Rwegasira and published by African Books Collective. This book was released on 2012 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the importance of judicial independence.
Book Synopsis The International Law of Property by : John G. Sprankling
Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Technologies for Human Rights Law and Practice by : Molly K. Land
Download or read book New Technologies for Human Rights Law and Practice written by Molly K. Land and published by Cambridge University Press. This book was released on 2018-04-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New technological innovations offer significant opportunities to promote and protect human rights. At the same time, they also pose undeniable risks. In some areas, they may even be changing what we mean by human rights. The fact that new technologies are often privately controlled raises further questions about accountability and transparency and the role of human rights in regulating these actors. This volume - edited by Molly K. Land and Jay D. Aronson - provides an essential roadmap for understanding the relationship between technology and human rights law and practice. It offers cutting-edge analysis and practical strategies in contexts as diverse as autonomous lethal weapons, climate change technology, the Internet and social media, and water meters. This title is also available as Open Access.
Book Synopsis Human Rights, Ownership, and the Individual by : Rowan Cruft
Download or read book Human Rights, Ownership, and the Individual written by Rowan Cruft and published by Oxford University Press. This book was released on 2019-09-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis The Economics of Property Rights: Property rights and economic performance by : Svetozar Pejovich
Download or read book The Economics of Property Rights: Property rights and economic performance written by Svetozar Pejovich and published by . This book was released on 2001 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and the Human Body by : Rohan Hardcastle
Download or read book Law and the Human Body written by Rohan Hardcastle and published by Bloomsbury Publishing. This book was released on 2007-09-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
Book Synopsis Self-Ownership, Property Rights, and the Human Body by : Muireann Quigley
Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
