A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

The law and economics of intellectual property is attracting increased attention as technological innovation continues to have a major impact on economic growth. This authoritative two-volume set brings together the most significant scholarship on intellectual property. It provides comprehensive coverage, with a mix of theory, empirics and institutional details. The emphasis is on more recent writings, although it also includes some early work that continues to provide the platform for contemporary scholarship.This book will be an essential source of reference for both academics, students and practitioners concerned with this exciting new field of research.

With more than 14,000 business schools worldwide, what is included in their curricula matters for how the economy and the corporate system are managed. Business schools should be subject to scholarly inquiries and critical reflection. While many studies of business schools examine its general role in the tertiary education system and in society more broadly, this volume examines how one specific theoretical perspective and a normative model derived therefrom were developed and gradually appropriated within the business school setting. This volume demonstrates that agency theory, based on a daring conjecture that firms can be construed as bundles of contacts, rose to prominence in the business school context. It examines how the elementary proposition of agency theory, that the firm is to be considered theoretically and practically as a "nexus of contracts," was never consistent with corporate law and contract law, and it was empirically unsubstantiated. Business schools are under pressure to teach not only practically useful theories and models, but also theories that are also scientifically qualified. Despite having this ambition, certain theories are widely taught despite failing to live up to such declared ambitions, which means that business schools may be criticized for including theories on ambiguous grounds in the curricula. This book examines how business schools seek to honour the ambition to teach both scientifically verified theories and practically useful concepts and models, and how the tensions derived from this duality may be problematic to handle. It will be of interest to researchers, academics, and advanced students in the fields of management education, organizational studies, and legal theory.

When the Victims' Compensation Fund was established following the events of 9/11, it set off a series of debates on the logic of compensation for victims of terrorist acts. Why do we generally compensate for injuries, and how do injuries and deaths caused by acts of terrorism differ from those caused by more ordinary means? What criteria should we consider when determining compensation: the financial need or deprivation or the survivors? the negligence of a public or private entity? Professor Marshall Shapo delves into these and other questions as he teases out the lines of the debate to present a framework for future lawmakers faced with shaping compensation programs for terrorist victims.

'Since the 1970s the pharmaceutical industry has undergone significant changes in its research and development paradigm, trade and production. Regulatory frameworks have also changed substantially, particularly in the area of intellectual property rights. This book provides much needed empirical evidence on the impact of these and other changes on the pharmaceutical sector and on access to medicines in developing countries. The studies, conducted with a common methodology, on nine developing countries (including major producers of pharmaceuticals such as China and India) and on Canada, make an outstanding contribution to the literature in the field. The data and analysis in the book are of immediate interest to policy makers and to scholars in various fields, including innovation economics, industrial policy, health systems and intellectual property.' - Carlos Correa, University of Buenos Aires, Argentina This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law. Contributors: T. Andia, M. Bourassa Forcier, M. Flynn, P. Gehl Sampath, S. Guennif, A. Guzman, H. Klug, G. Krikorian, N. Lalitha, J.-F. Morin, K.C. Shadlen, L. Shi, M. Watanabe

In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities. Contents: 1. Introduction Part I: Copyright and Cultural Creativity in Context 2. Constructing Authorship: The Underlying Philosophy of the Copyright Model 3. Authorship and Conceptions of the Self: Feminist Theory and the Relational Author Part II: The Origin of Copyright: Locke, Labour and Limiting the Author s Right 4. Against a Lockean Approach to Copyright 5. The Evolution of Originality: The Author s Right and the Public Interest Part III: Use, Transformation and Appropriation : Exploring the Limits of Copyright 6. Fair Dealing and the Purposes of Copyright Protection 7. Dissolving the Conflict between Copyright and Freedom of Expression 8. Final Conclusions Index

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.

In the current era current era of significant innovations, science and technology are powerful tools improving human welfare through prosperity and sustainable development. The development of microbiology based industries in any given country is shaped by the characteristics of its technology-particularly its close relation to scientific knowledge, and by country-specific factors such as the level and nature of the scientific knowledge base, the institutional set-up, and the role assumed by the government, all of which influence the country's ability to exploit the new opportunities. This unique book presents an integrated approach for sustained innovation in various areas of microbiology. Focusing on the industrial and socio-legal implications of IPR in microbiological advances, it offers a comprehensive overview not only of the implications of IPR in omics-based research but also of the ethical and intellectual standards and how these can be developed for sustained innovation. The book is divided into three sections discussing current advances in microbiological innovations, recent intellectual property issues in agricultural, and pharmaceutical microbiology respectively. Integrating science and business, it offers a glimpse behind the scenes of the microbiology industry, and provides a detailed analysis of the foundations of the present day industry for students and professionals alike.

In today's legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations. Key features include: chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USA discussion of the inter-relation between copyright licensing and competition law clear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of reference contributions from expert practitioners with invaluable first hand knowledge of international licensing practices. This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices. Contributors include: A. Apostolidis, H. Blignaut, K. Golish, P.G. Granados, E. Hochstadt, B. Kalra, B. Lindner, R. Lukyanov, T. Misra, L.C. Nian, D.S. Nocetti, J.B. Nordemann, T. Pattloch, S. Rab, A. Risely, W. Strong, K. Sysoeva, K. Tsuru

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law?
This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

This bookresolves a key problem that all evaluators need to attend to:, i.e., what constructs ought to be measured?, all the while giving them practical ways of doing this. It also presents data showing family court judges like the model, and it does this fairly briefly but in a way that is nicely embedded in the research literature."

This open access book presents recent research and hot topics in the field of real estate science in Japan. It features carefully selected English translations of peer-reviewed papers and excellent articles published in the Japanese Journal of Real Estate Sciences, as well as papers presented at the Japan Association of Real Estate Sciences (JARES) annual conference. The topics covered include market analyses of vacant houses, policies for reuse of vacant houses, property tax policy, issues of land for which the owners are unknown, disaster and real estate values, the siting optimization plan and its influence on real estate, big data and ICT technology for the real estate business, and public real estate management.Real estate science in Japan has developed in step with international research in the fields of law and economics, regional science, civil engineering, environmental science, architectonics, and related areas. At the same time, it has evolved into a unique discipline that focuses on policy-oriented practical science with arguments for the reform of outdated laws, regulations, and traditional customs. Asian countries are currently growing rapidly and are catching up with developing countries. The lessons learned and know-how accumulated by JARES is helpful for practitioners and policymakers not only in Japan, but also in other Asian countries.

In this original and highly accomplished study, first published in 1994, Marie Maclean studies the writings of social rebels and explores the relationship between their personal narratives and illegitimacy. The case studies which Maclean examines fall into four groups: those which stress alternative family structures and 'female genealogies' those which pair female illegitimacy and revolution those which question the deliberate refusal of the name of the father by the legitimate those which study the revenge of genius on the society which excludes it Skilfully interweaving feminist theory, French literary criticism, social and cultural history, deconstruction and psychoanalytic theory, Maclean traces the place of these personal narratives of illegitimacy in history and their use in theory, from Elizabeth I to Freud, Sartre and Derrida. The Name of the Mother will be of vital interest and importance to any student of critical theory, feminist philosophy, French or cultural studies.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents - and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection - with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds - will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

This book focuses on the economic aspects of intellectual property (IP). It includes considerations of the wider category of intangible assets. However, the primary focus is devoted to patents which the author argues are the most vivid example of the Tragedy of Intangible Abundance (TIA). TIA touches upon a key issue in the contemporary economy. On the one hand, there is an enormous supply of IP, yet, on the other hand, such an abundance does not necessarily solve existing issues but rather creates new ones as well. This book elaborates on the reasons for the emergence of TIA and its consequences. The author uses clear metaphors to explain very complex issues. The book provides a valuable and interdisciplinary analysis of the field and offers practical solutions. It is based on the data collected by the author during the qualitative research he conducted among a group of start-ups. It presents guidance on determining which instrument is the most efficient for a particular situation. It also provides arguments for decision-makers and their advisors as to why a more open approach towards intellectual property would be more beneficial under many circumstances in the contemporary economy. While universal issues are addressed, the author distinguishes the European perspective too. The book is written in a clear and concise style and covers all of the crucial aspects of IP management. It will find an audience among scholars of economics and business.

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. Zhang

The creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights. Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP. Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. Yudhishthir

This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: pre-contractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.