International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jorgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' - Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty. - Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO. - Presents the international norms in their historical context, and explains rationales behind the rules and relations among them. - Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties. - Approaches the topic from the perspective of tackling complex issues in practice. - Balanced discussion of both copyright and related rights. - Guides the reader to the more specialized commentaries for issues requiring further in-depth research. A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues. Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory, but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction The Handbook will be useful to academics, students and professionals with an interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy and law.

A Basic Guide to International Business Law is an introduction to those parts of European and international law that are relevant to business. Having read this book, students will come away with a broad understanding of the international rules of law within the EEC, institutional rules of the European Union, international contract law, rules of competition and the four freedoms within the EEC.

The edition includes student friendly features, such as summaries of statements and references to relevant case law, making the book an ideal introduction for those on law and/or business programmes.

The Routledge Handbook of Transatlantic Relations is an essential and comprehensive reference for the regulation of transatlantic relations across a range of subjects, bringing together contributions from scholars, policy makers, lawyers and political scientists. Future oriented in a range of fields, it probes the key technical, procedural and policy issues for the US of dealing with, negotiating, engaging and law-making with the EU, taking a broad interdisciplinary perspective including international relations, politics, political economic and law, EU external relations law and international law and assesses the external consequences of transatlantic relations in a systematic and comprehensive fashion. The transatlantic relationship constitutes one of the most established and far-reaching democratic alliances globally, and which has propelled multilateralism, trade regulation and the EU-US relationship in global challenges. The different contributions will propose solutions to overcome these problems and help us understand the shifting transatlantic agenda in diverse areas from human rights, to trade, and security, and the capacity of the transatlantic relationship to set new international agendas, standards and rules. The Routledge Handbook of Transatlantic Relations will be a key reference for scholars, students and practitioners of Transatlantic Relations/EU-US relations, EU External Relations law, EU rule-making, EU Security law and more broadly to global governance, International law, international political economy and international relations.

The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems.

The book focuses on countries having different status vis-a -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.vis-a -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

This fifty-first volume of annotated leading case law of international criminal tribunals contains decisions taken by the SCSL in the years 2012-2016. It is the last volume on the Special Court for Sierra Leone. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included.Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series:http://www.annotatedleadingcases.com/about.aspx.

This book contains selected contributions presented during the workshop "Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?", which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one's father's name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established - be it by operation of the law, by the parties' exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular - and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group "Changes in God's Law: An Inner-Islamic Comparison of Family and Succession Law" at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Moeller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

International Intellectual Property: A Handbook of Contemporary Research aims to provide researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex field. The book combines doctrinal analysis with ground-breaking theoretical research by many of the most recognized experts in the field. At its core, it offers overviews of the structure and content of the two instruments that can undoubtedly be considered historically as the most important intellectual property treaties, namely the Berne Convention on the Protection of Literary and Artistic Works and the Paris Convention on the Protection of Industrial Property. Several chapters also discuss parts of the TRIPS Agreement. This important book will prove a valuable resource for students and academics of international intellectual property wishing to obtain useful knowledge of current issues such as conflicts between intellectual property (especially patents and trademark) rights, geographical indications, protection of luxury brands, orphan works and innovation. Contributors: P. Baechtold, I. Calboli, K. de la Durantaye, G.B. Dinwoodie, R.C. Dreyfus, S. Frankel, C. Geiger, D.J. Gervais, J. Ginsburg, S.F. Halabi, E.F. Judge, T. Miyamoto, C.A.M. Mulder, L.P. Ramsey, S. Ricketson, G.R. Scott, M. Senftleben, H. Sun, P.K. Yu

This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention's interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts' conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention's interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention's limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention's various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention "on the ground."

Procedure is not just a programme or a nexus of formalities. It is something done by legal experts and lay participants in a highly concerted ensemble. Procedure frames and advances all law-relevant activities. This book, written by three authors from different disciplinary backgrounds, provides an in-depth comparison of criminal defence work in different legal cultures. Via an ethnographic comparison, this book also shows how defence work responds to the challenges of different procedural regimes and how it contributes to their individual outcomes. Criminal Defence and Procedure opens up new horizons for legal comparison, inviting novel understandings of procedural law as well as possibilities of legal reform.

Provides a framework for understanding of the legal, contractual and procedural implication of architectural practice. The book acts as a useful aide-memoire for students and practitioners based on the premise that smooth legal administration will provide the conditions under which client relations can be constructive and good design can be achieved.

In recent years, the English School or international society approach to International Relations has risen to prominence because its theories and concepts seem able to help us explain some of the most complex and seemingly paradoxical features of contemporary world politics. In doing so, the approach has attracted a variety of criticisms from both ends of the political spectrum. Some argue that the claim that states form an international society is premature in an era of terror where power politics and the use of force have returned to the fore. Others insist that international society's state-centrism make it an inherently conservative approach unable to address many of the world's most pressing problems. International Society and its Critics provides the first in-depth study of the English School approach to International Relations from a variety of different theoretical and practical perspectives. Sixteen leading scholars from three continents critically evaluate the School's contribution to the study of international theory and history; consider its relationship with a variety of alternative perspectives including international political economy, feminism, environmentalism, and critical security studies; and assess how the approach can help us to make sense of the big issues of the day such as terrorism, the management of cultural difference, global governance, the ethics of coercion, and the role of international law. They find that whilst the concept of international society helps to shed light on many of the important tensions in world politics, much work still needs to be done. In particular, the approach needs to broaden its empirical scope to incorporate more of the issues and actors that shape global politics; draw upon other theoretical traditions to improve its explanations of change in world politics; and recognize the complex and multi-layered nature of the contemporary world.

In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book's first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. -- .

The EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe s competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i.e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics."

Commercial Law AUTHORED BY WORLD GROUP MEMBER FIRMS Although the economic downturns of 2001 and 2002 have threatened to dampen enthusiasm for employee equity participation in business enterprises, such plans continue to be offered by employers in nearly all major national jurisdictions. The time is ripe, in fact, to clarify and elucidate the legal complexities of extending such plans across borders to employees working in other countries. This is the first book to provide in-depth, country-by-country coverage of the national law issues that must be considered by an employer implementing (or considering the implementation of) a multinational employee equity plan. For each of thirty countries, International Employee Equity Plans presents a detailed survey of applicable law, trends, and customs affecting employee participation. Each chapter is written by practicing employment lawyers in that particular jurisdiction, ensuring that the critical issues, potential pitfalls, and likely changes are incisively dealt with. Among the matters described and analysed for each country are the following: the most advantageous (and disadvantageous) types of plans; relevant securities offering rules; all legal compliance steps; available exemptions and reliefs and the conditions upon which they are offered; the fine line between "informing" and "advising"; taxation of employee benefits and other tax rules; and the extent to which local courts will recognize foreign law in all pertinent matters. The wealth of guidance and information in this book will help many more organisations to follow the lead of those companies that have already achieved remarkable success in this important area of international business. Legal practitioners, in-house counsel, human resources executives and others involved in implementing employee equity plans have here a detailed and user-friendly handbook covering the most important jurisdictions.

This book restores to view a masterpiece of beauty and legal scholarship, which has been lost for almost two hundred years.  Produced anonymously in 1838, The Tree of Legal Knowledge is an elaborate visualization in five large colored plates of the law as stated in Sir William Blackstone’s Commentaries on the Laws of England.  Intended as “an assistant for students in the study of law,� the study aid was not a simple diagram but a beautiful tree with each branch and twig labeled with legal terms and concepts from the Commentaries.  Not for law students only, the original was also intended to be of use to the practicing attorney and educated gentleman “in consolidating his learning and forming an instructive and ornamental appendage to an office.� Although Blackstone’s Commentaries had been first published eighty years earlier, it remained the primary source for knowledge of English law and required reading for American law students.  The Commentaries remain relevant today and are frequently cited by the U.S. Supreme Court as a source for the original understanding of legal rights and obligations at the time of American Independence.  Despite its artistic beauty and academic significance, The Tree of Legal Knowledge had seemingly disappeared shortly after its publication.  It is not included in the collection of any library, including the Library of Congress or in Yale University’s Blackstone Collection, the largest in the world.  It is not listed in the comprehensive Bibliographical Catalog of William Blackstone, edited by Ann Jordan Laeuchli, published for the Yale Law Library in 2015.   The present volume reproduces the only extant copy of The Tree of Legal Knowledge.  It includes an introduction by the editor that places The Tree in historical context and identifies the anonymous author, an otherwise unknown lawyer.  In addition, it reprints the original author’s introduction and “explanation of the branches,� both extensively annotated.  This book restores this lost masterpiece to its proper place in legal history.  The Tree is a beautiful—and accurate—depiction of English law as expounded in Blackstone’s Commentaries, the single most important book in the history of the common law.

This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

With the globalist project immersed in conflicts and adversity, Post-Colonial Globalisation offers an insight into the actors who animate it and the power dynamics which run through it. Using the law as the prism through which these are examined, and fusing historical with contemporary perspectives, the book contributes to understanding the crisis in which we find ourselves as a moment of both existential danger and an opportunity. This book is in two parts. The first part charters capitalism’s historical progression to globalism through the lens of the act of taking. Taking has risen to institutional prominence as a core concept in the legal lexicon of foreign investment protection to denote deprivation of private property. Post-Colonial Globalisation advances a broader notion of taking as a tool of social criticism. From enclosures, to colonial settlement to an empire of unequal exchanges, to contemporary land grabs, private property, now so vigorously protected against taking, was itself born out of taking. The second part focuses on the ecological dimension of neoliberal globalisation and its hallmarks of unlimited growth and excessive extraction. It has negatively impacted the climate, the earth and its human and non-human inhabitants to the point of putting their continued existence at risk. Central to this is the deification of property. Our understanding of proprietary relations and the rights they confer must be revisited if our interface with the planet is to be reconfigured. The emerging doctrine of rights of nature offers one route which may lead us in this direction. The two parts complement each other. One looks at taking by members of the human species from each other. The other looks at taking by the human species from nature.