This book provides new insights into the economic impacts, strategic objectives and legal structures of an emerging branch of government incentives conditioned on meeting intellectual property-related requirements. Despite becoming more common in recent years, such incentives - ranging from patent fee subsidies and patent box tax deductions to inventor remuneration schemes - are still under-researched. A diverse range of analytical methods, including econometric analyses, case studies and comparative legal analysis, are used to study these incentives in countries in Europe and China. Scholars, policymakers and practitioners can benefit from the conceptual and practical insights as well as policy recommendations provided.

This book explores the concept of test data exclusivity protection for pharmaceuticals. Focusing on Art 39(3) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and relevant provisions in selected free trade agreements (FTA) and national laws, it combines normative, historical, comparative and economic analysis of test data exclusivity protection.At the heart of this book is the novel and original Index of Data Exclusivity and Access (IDEAS), which analyzes the effectiveness of test data exclusivity provisions in FTAs and national laws both on the strength of exclusivity as well as on access to medicine. IDEAS provides a framework for the assessment of current test data exclusivity protection standards on the basis of their proximity to Article 39(3) of the TRIPS Agreement, the scope of exclusivity and the flexibilities in FTAs, and subsequently in national laws. This book aims to broaden national and international policy makers' grasp of the various nuances of test data exclusivity protection. Furthermore, it provides practical recommendations with regard to designing an appropriate legal system with a strong focus on promoting access to medicine for all.

This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO's, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.

This book offers an interdisciplinary and comparative study of the complex interplay between private versus public forms of organization and governance in urban residential developments. Bringing together top experts from numerous disciplines, including law, economics, geography, political science, sociology, and planning, this book identifies the current trends in constructing the physical, economic, and social infrastructure of residential communities across the world. It challenges much of the conventional wisdom about the division of labor between market-driven private action and public policy in regulating residential developments and the urban space, and offers a new research agenda for dealing with the future of cities in the twenty-first century. It represents a unique ongoing academic dialogue between the members of an exceptional group of scholars, underscoring the essentially of an interdisciplinary and comparative approach to the study of private communities and urban governance. As such, the book will appeal to a broad audience consisting of policy-makers, practitioners, scholars, and students across the world, especially in developing countries and transitional and emerging economies.

This book, dedicated to Prof. Jacques Richard, is about the economic, political, social and even environmental consequences of setting accounting standards, with emphasis on those that are alleged to be precipitated by the adoption and implementation of IFRS. The authors offer their reasoned critiques of the effectiveness of IFRS in promoting genuine global comparability of financial reporting. The editors of this collection have invited authors from 17 countries, so that a great variety of accounting, auditing and regulatory cultures, and educational perspectives, is amply on display in their essays.

This book presents a variety of articles on contemporary issues in environmental law by eminent university professors of environmental law, international public law, European Union law, and comparative law in Europe and Japan. It is the first book in the field of environmental law based on the results of international conferences and research activities supported by the European Union delegation in Japan. Current essential and global topics such as principles of environmental law, climate change, biodiversity, ethics pertaining to animal rights , nuclear safety regime after Fukushima, environmental impact assessments, protecting international waters, genetically-modified organisms, and implementing international instruments, and EU rules at the national level are discussed in light of the 2009 Treaty of Lisbon and other recent international treaties, by comparing the approaches taken by the EU, European countries, and Japan. As environmental law is not just a national issue but also a global one, it is important to understand and analyse various aspects of current environmental issues. This book is a response to such needs, and represents the joint work of five Japanese and four European (two German and two Italian) professors who have succeeded in creating something that is both unique and remarkable.

Tort law and human rights belong to different areas of law, namely private and public law. Nevertheless, the European Convention on Human Rights increasingly influences national tort law of signatory states, both on the vertical level of state liability and on the horizontal level between private persons.An individual can appeal to the European Convention on Human Rights in order to challenge national tort law in two situations: where he is held accountable under national tort law for exercising his Conventions rights, and where national law does not provide effective compensation in accordance with Article 13. The second method is strongly connected with the practice of the European Court of Human Rights to award compensations itself on the basis of Article 41. A compensation in national tort law is considered to be effective according to Article 13 when it is comparatively in line with the compensations of the European Court of Human Rights granted on the basis of Article 41. This raises the important question as to how compensations under Article 41 are made by the European Court of Human Rights.The European Convention on Human Rights as an Instrument of Tort Law examines the entanglement of public and private and national and transnational law in detail and argues that while the Court uses a different terminology, it applies principles that are very similar to those of national tort law and that the Court has developed a compensatory practice that can be described as a tort law system.

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law - in particular, that it be more agile or "flexible" in regulating the economy - have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.

This book explores the future of cyber technologies and cyber operations which will influence advances in social media, cyber security, cyber physical systems, ethics, law, media, economics, infrastructure, military operations and other elements of societal interaction in the upcoming decades. It provides a review of future disruptive technologies and innovations in cyber security. It also serves as a resource for wargame planning and provides a strategic vision of the future direction of cyber operations. It informs military strategist about the future of cyber warfare. Written by leading experts in the field, chapters explore how future technical innovations vastly increase the interconnectivity of our physical and social systems and the growing need for resiliency in this vast and dynamic cyber infrastructure. The future of social media, autonomy, stateless finance, quantum information systems, the internet of things, the dark web, space satellite operations, and global network connectivity is explored along with the transformation of the legal and ethical considerations which surround them. The international challenges of cyber alliances, capabilities, and interoperability is challenged with the growing need for new laws, international oversight, and regulation which informs cybersecurity studies. The authors have a multi-disciplinary scope arranged in a big-picture framework, allowing both deep exploration of important topics and high level understanding of the topic. Evolution of Cyber Technologies and Operations to 2035 is as an excellent reference for professionals and researchers working in the security field, or as government and military workers, economics, law and more. Students will also find this book useful as a reference guide or secondary text book.

This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets? The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.

This book presents a framework to reconceptualize internet governance and better manage cyber attacks. It examines the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of cyber attacks to light and comparing and contrasting the threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering issues in law, science, economics and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

Cases and Materials on the Carriage of Goods by Sea, fifth edition, offers tailored coverage of the most commonly taught topics on Carriage of Goods by Sea courses. Combining a collection of legislative materials, commentaries, scholarly articles, standard forms and up-to-date English case law, it covers the major areas of chartering and bills of lading as well as matters such as exclusion and limitation of liability. Significant innovations for this edition include: coverage of blockchain technology and smart contracts in shipping coverage of autonomous shipping recent developments on the construction of commercial shipping contracts recent developments on the transfer of rights and liabilities in the contract of carriage tables and diagrams for ease of reading discussion of some of the most important decisions by the senior courts of England and Wales, with the most up to date case law included references to academic and professional literature for further reading and research industry standard form clauses reference to important foreign cases emphasis on how it is that shipping law operates and is applied in commercial practice A clear, student-friendly text design with a strong emphasis on research and problem solving. This up-to-date collection of materials relating to the carriage of goods by sea will be of value to students of law, researchers and legal practitioners.

The development of civil aviation in the early 20th century presented a range of new legal and regulatory challenges concerning the rights of an aircraft from one state to enter the aerial territory of another. International flights threatened the territorial integrity of nation states and prompted politicians to draw up new aerial legislation and regulations to govern this new form of aerial movement. Whereas some states advocated free and open access to airspace and unrestricted aerial movement, other nations pursued a more protectionist stance based on regulation and reciprocal access arrangements. Technological developments in aircraft design and performance, combined with changing global political relations and the introduction of new forms of economic regulation have all fundamentally affected the development of air transport. This Volume explores carefully selected aspects of aviation law and regulation and examines the implications of changing regulatory intervention on the form and function of civil aviation worldwide.

Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

"Digital technologies have given society an extraordinary cultural potential. If that potential is to be made real, we must reconcile it with the legitimate and important claims of copyright. In this beautifully written and careful work, Fisher, more completely than anyone else, maps the choices that we might make. He argues for a choice that would produce enormous social good. And while not everyone will agree with the conclusions he draws, no one who cares seriously about creators or culture can ignore the framework that he has set. There are choices that we as a society must make. And as Rawls did in political theory, or Milton Friedman did in economics, Fisher provides an understanding that will color policy analysis for the generations to come."--Lawrence Lessig, Stanford Law School
"The strength of this book is Fisher's willingness to step above the political fray to solve problems. He has produced one of the most important books in media studies and law in some years. It is refreshing, bold, and provocative. We need it badly." --Siva Vaidhyanathan, Director of Communication Studies, Department of Culture and Communication, New York University

This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

The topic, "Northern Sea Route" has become a highly relevant point on the strategic radar screen of many business and military leaders, since global climate change now opens up a hitherto impassable sea route and positions it as a strategic alternative to the Suez route. Add to this the discovery of many easily extractable commodities and metals in the arctic area. For entrepreneurs, this setting offers new opportunities and risks; for academics, a new research context emerges. The book discusses the strategic, economic, logistic, judicial and military challenges of the future great game in the arctic sea.

This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.

This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Every ten years ICAO holds a worldwide air transport conference. The most recent such event - the 6th Worldwide Air Transport Conference (ATConf/6) - was held in Montreal from 18 to 22 March 2013. The questions posed by this book are: are the "clerical and administrative tasks" for ICAO which were decided on by ATConf/6 (and other preceding conferences) sufficient to meet the needs of the people of the world for safe, regular, economical and efficient air transport? Should ICAO not think outside of its 67-year-old box and become a beacon to air transport regulators? In other words, shouldn't the bottom line of ICAO's meaning and purpose in the field of air transport be to analyze trends and guide the air transport industry instead of continuing to merely act as a forum for global practitioners to gather and update information on their respective countries' policies for air transport? Shouldn't ICAO provide direction, as do other agencies of the United Nations? This book addresses ICAO's inability, unlike most other specialized agencies in their missions, to make a tangible difference in air transport development, through a discussion of key issues affecting the air transport industry. It also inquires into the future of air transport regulation.

This book focuses on various problems arising as a result of China's e-business development. These include e-commerce aspects of the internet industry and e-governance aspects of the presiding agencies. E-privacy and online IPR protection will be of particular interest to readers, as these are important international problems that China has been trying its best to deal with for many years. Each paper in this book presents valuable guidelines and suggestions to allow readers to form a sound understanding of China's e-business development.