Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
Total Pages: 613
Release: 2020-03-28
Genre: Law
ISBN: 1785368486

The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.

Models of Integrity

Models of Integrity
Author: Joan Kee
Publisher: University of California Press
Total Pages: 320
Release: 2019-02-12
Genre: Art
ISBN: 0520299388

Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law—a primary institution subject to intense moral and political scrutiny—was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical “how-to” for contemporary artists.

Parliamentary Sovereignty and the Human Rights Act

Parliamentary Sovereignty and the Human Rights Act
Author: Alison L Young
Publisher: Bloomsbury Publishing
Total Pages: 196
Release: 2008-12-05
Genre: Law
ISBN: 1847314732

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

Scotland's Foreshore

Scotland's Foreshore
Author: John MacAskill
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2018-06-21
Genre: History
ISBN: 1474436935

Explores how internet use empowers Arab citizens

Comparative Succession Law

Comparative Succession Law
Author: Kenneth G C Reid
Publisher: Oxford University Press
Total Pages: 915
Release: 2020-10-09
Genre: Law
ISBN: 0192590731

This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

Land Reform in Scotland

Land Reform in Scotland
Author: Malcolm Combe
Publisher: Scotland's Land
Total Pages: 0
Release: 2020
Genre: Land reform
ISBN: 9781474446853

A stimulating rethink of contemporary land reform in Scotland from historical, legal, and socio-economic perspectives Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland's land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Key features: - Offers a holistic approach to land reform in Scotland; - Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models; - Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform; - Designed to suit individual academic specialisms, while still being accessible to readers across disciplines and professions. Malcolm M. Combe is a Senior Lecturer in law at the University of Strathclyde and non-practising solicitor Jayne Glass is a Land Use Policy Researcher at Scotland's Rural College (SRUC) and Honorary Lecturer at the University of Edinburgh Annie Tindley is a Senior Lecturer in modern British History at the Newcastle University

An Institute of the Law of Scotland

An Institute of the Law of Scotland
Author: John Erskine
Publisher: Franklin Classics Trade Press
Total Pages: 596
Release: 2018-10-22
Genre:
ISBN: 9780343997212

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Children's Rights in Scotland

Children's Rights in Scotland
Author: Alison Cleland
Publisher: W. Green & Son
Total Pages: 430
Release: 2001
Genre: Law
ISBN:

An up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland, this book is intended primarily for students on commercial law, mercantile law or business law courses. It should also be useful for postgraduate courses and for practitioners