Rights As Security
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| Author | : Eva-Maria Kieninger |
| Publisher | : Springer Nature |
| Total Pages | : 711 |
| Release | : 2020-06-11 |
| Genre | : Law |
| ISBN | : 3030441911 |
This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
| Author | : Benjamin J Goold |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 535 |
| Release | : 2019-09-05 |
| Genre | : Law |
| ISBN | : 1509917772 |
This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
| Author | : Eva-Maria Kieninger |
| Publisher | : Cambridge University Press |
| Total Pages | : 827 |
| Release | : 2004-08-26 |
| Genre | : Law |
| ISBN | : 1139454757 |
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
| Author | : Gerard McCormack |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Bankruptcy |
| ISBN | : 9781780683171 |
A comparative analysis of security rights in insolvency proceedings under the main legal traditions of the European Union (common law, Germanic, Napoleonic Code and East European) in the context of Articles 5 and 13 of the European Insolvency Regulation Regulation 1346/2000.
| Author | : Bertrand G. Ramcharan |
| Publisher | : BRILL |
| Total Pages | : 300 |
| Release | : 2016-08-01 |
| Genre | : Law |
| ISBN | : 9004303146 |
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
| Author | : Aneira J. Edmunds |
| Publisher | : Anthem Impact |
| Total Pages | : 250 |
| Release | : 2023-08-08 |
| Genre | : Social Science |
| ISBN | : 9781839984471 |
How have human rights been entangled with state control of the body? And how have they failed to intervene effectively on tipping points such as the US's endorsement of torture that removes the victim's control over their own body? This book explores the way institutional human rights have glossed over such abuses and been complicit in security politics which see the Muslim body, especially the Muslim woman's body, as an object of control.
| Author | : Gerard McCormack |
| Publisher | : Cambridge University Press |
| Total Pages | : 446 |
| Release | : 2004-06-14 |
| Genre | : Business & Economics |
| ISBN | : 9780521826709 |
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.
| Author | : Ben Stanford |
| Publisher | : Routledge |
| Total Pages | : 220 |
| Release | : 2021-12-29 |
| Genre | : Law |
| ISBN | : 1000515125 |
This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.
| Author | : Samuel D. Brandeis, Louis D. Warren |
| Publisher | : BoD – Books on Demand |
| Total Pages | : 42 |
| Release | : 2018-04-05 |
| Genre | : Fiction |
| ISBN | : 3732645487 |
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
| Author | : Rhonda Powell |
| Publisher | : Oxford University Press |
| Total Pages | : 209 |
| Release | : 2019-02-21 |
| Genre | : Law |
| ISBN | : 0191038490 |
The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties. Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.
