The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.
Susan K. Sell's book shows how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the WTO adopted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by twelve powerful CEOs of multinational corporations who wished to mould international law to protect their markets. This book examines the politics leading up to TRIPS, the first seven years of its implementation, and the political backlash against TRIPS in the face of the HIV/AIDS crisis. Focusing on global capitalism, ideas, and economic coercion, this work explains the politics behind TRIPS and the controversies created in its wake. It is a fascinating study of the influence of private interests in government decision-making, and in the shaping of the global economy.
Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of essays, many of the world's leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this to be an accessible guide to Rawls. Advanced students and specialists will find a conspectus of
AT&T's divestiture was the largest corporate reorganization in history and has had international repercussions. It was a major development in American economic policy, and a prominent part of the deregulation movement of the late 1970s. This study reveals the internal decision-making process at AT&T and explains how private and public interests combined to shape corporate and public policy in late 20th-century America. Temin weaves the strands of politics, economics, business, and law into an accessible narrative history that will be of interest to the general reader who wants to know about government business interaction and how it affects American citizens. Temin portrays divestiture as a great experiment in public policy, competition, openness, and international policy. He concludes that the experiment has been a mix of deliberate design and uncontrollable forces whose outcome was not foreseen.
Seeking to open paths for reconsidering the trade and development relationship at the WTO, this book takes into account both the heritage of the trade regime and its present dynamics. It argues that t
The economic importance of the non-profit sector is growing rapidly in the USA and Europe. However, the law has not kept abreast with its development. The European Court of Justice has extended certain freedoms of the EC Treaty to non-profit organisations, and more case law is expected to follow in the near future, but the observations, theories, solutions and legal and non-legal rules in this field are manifold. The chances of harmonising the law on a European level are slim. Despite these differences, a common core of international corporate governance problems and regulatory solutions can be seen. This volume of essays brings together a variety of international experts from both corporate governance and governance of non-profit organisations to compare the two areas and explore the lessons that can be learned regarding comparative corporate governance for non-profit organisations.
This tribute to Professor Arthur von Mehren from the Harvard Law School is a contribution to the evolving transatlantic dialogue on the conflict of laws. It contains ten contributions that discuss the problems conflict of laws is facing in a globalized world. The first five contributions deal with current legal topics in international civil litigation and transatlantic judicial co-operation ranging from the design of judgments conventions to the recently adopted Hague Convention on Choice of Court Agreements, and from problems involving negative declaratory actions in international disputes to recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on choice of law in international relationships. They cover comparative and economic dimensions of party autonomy, reflect on discussions in the choice of law relating to intellectual property rights, and critically discuss the applicable law in antitrust law litigat
Susan K. Sell's book shows how power in international politics is increasingly exercised by private interests rather than governments. In 1994 the WTO adopted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by twelve powerful CEOs of multinational corporations who wished to mould international law to protect their markets. This book examines the politics leading up to TRIPS, the first seven years of its implementation, and the political backlash against TRIPS in the face of the HIV/AIDS crisis. Focusing on global capitalism, ideas, and economic coercion, this work explains the politics behind TRIPS and the controversies created in its wake. It is a fascinating study of the influence of private interests in government decision-making, and in the shaping of the global economy.
As globalization has deepened worldwide economic integration, moral and political philosophers have become increasingly concerned to assess duties to help needy people in foreign countries. The essays in this volume present ideas on this important topic by authors who are leading figures in these debates. At issue are both the political responsibility of governments of affluent countries to relieve poverty abroad and the personal responsibility of individuals to assist the distant needy. The wide-ranging arguments shed light on global distributive justice, human rights and their implementation, the varieties of community and the obligations they generate, and the moral relevance of distance. This provocative volume will interest scholars in ethics, political philosophy, political theory, international law and development economics, as well as policy makers, aid agencies, and general readers interested in the moral dimensions of poverty and affluence.
The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration – and especially migrants' rights – remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.
Talfourd's first Copyright Bill was presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the bill itself. In addition to the expected debate as to the nature of literary property and the economic effects on the publishing trade, discussion of copyright law raised broader questions; the relative values of literature and science, the importance of public education, the dangers of monopolies, and the nature of public interest. In a period of social, political and technological upheaval, these were incendiary matters. Talfourd audaciously demanded not only a considerable extension of copyright term, but also international protection. This book explores and sets in context the making of the Copyright Act 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property.
Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This 2004 collection brings together contributions from some of the most distinguished scholars in this exciting and controversial field, covering the full breadth of intellectual property law, that is, patents, copyright, trade marks and related rights. The contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face. These include: expanding the boundaries of IP in the face of new challenges, such as appropriate legal responses to digitisation and new technologies; relations between developed and developing worlds; the relationship between different legal traditions in a world of increasingly shared international norms; and the relationship between intellectual property rights and other areas of law, such as contract and criminal law.
This book examines the economic success of the industrializing economies of East Asia. Judged in terms of economic growth, or by a combination of economic and welfare criteria, this group of East Asian countries has established a clear lead over other developing areas of the world. The authors seek to identify the economic policies that have been critical to success. They analyze the varied political backgrounds and cultural heritages which enabled such a disparate group of coountries to choose successful routes to rapid growth. The East Asian countries possess widely divergent endowments of resources, but they face the same international environment as other countries. What has led to their economic achievements? One answer is 'unshackling exports' that most of the Asian countries had shackled in the first place. Other policy strands included political stability, the rule of law and economic policies that distorted prices less than other developing countries. Equally important have be
This book examines the economic success of the industrializing economies of East Asia. Judged in terms of economic growth, or by a combination of economic and welfare criteria, this group of East Asian countries has established a clear lead over other developing areas of the world. The authors seek to identify the economic policies that have been critical to success. They analyze the varied political backgrounds and cultural heritages which enabled such a disparate group of coountries to choose successful routes to rapid growth. The East Asian countries possess widely divergent endowments of resources, but they face the same international environment as other countries. What has led to their economic achievements? One answer is 'unshackling exports' that most of the Asian countries had shackled in the first place. Other policy strands included political stability, the rule of law and economic policies that distorted prices less than other developing countries. Equally important have be
Yale Classical Studies volume XXVIII is devoted to papyrology, which celebrated its centenary as a branch of classical studies in the eighties. The volume embraces all the principal facets of papyrological study: editions and re-editions of texts and papers - ranging from brief pieces to comprehensive studies - in the many areas of classical antiquity in which our knowledge has been so immeasurably enriched by the discovery and decipherment of Greek and Latin papyri, viz. language, government, social and economic history, law and private life. Some of the papers also have interdisciplinary ramifications and the international co-operation that has characterised papyrology from its inception is here readily apparent in the names, different languages and institutional affiliations of the contributors.
F. A. Hayek (1899–1992) was among the most important economists and political philosophers of the twentieth century. He is widely regarded as the principal intellectual force behind the triumph of global capitalism, an 'anti-Marx' who did more than any other recent thinker to elucidate the theoretical foundations of the free market economy. His account of the role played by market prices in transmitting economic knowledge constituted a devastating critique of the socialist ideal of central economic planning, and his famous book The Road to Serfdom was a prophetic statement of the dangers which socialism posed to a free and open society. He also made significant contributions to fields as diverse as the philosophy of law, the theory of complex systems, and cognitive science. The essays in this volume, by an international team of contributors, provide a critical introduction to all aspects of Hayek's thought.
Leading economists analyze the new directions that subdisciplines of economics have taken in the face of modern economic challenges. These essays represent invention and discovery in the areas of information, macroeconomics and public policies, international trade and development, finance, business, contracts, law, gaming, and government, as these areas of study evolve through the different phases of the scientific process. They offer a wealth of factual information on the current state of the economy. Theoretical and empirical innovations conceptualize reality and values in different ways from their predecessors. Together the essays offer the reader a balanced look at the various fields, approaches, and dimensions that comprise future directions in economic theory, research, and practice. The extensive introduction by the editors not only summarizes and reviews the implications of the contributions presented in the volume, but also examines how scientific progress takes place, with sp
The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2011: X reports on United States – Use of Zeroing in Anti-Dumping Measures Involving Products from Korea (WT/DS402) and United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).
The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2011: V and VI report on United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379).
The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2011: IV reports on Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines (WT/DS371).
