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The Transformation of EU Geographical Indications Law: The Present, Past and Future of the Origin Link (Routledge Research in Intellectual Property)
by Andrea ZappalaglioLinking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.
The Transformation of EU Treaty Making: The Rise of Parliaments, Referendums and Courts since 1950 (Cambridge Studies in European Law and Policy)
by Imelda Maher Dermot HodsonTreaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.
The Transformation of Europe: Twenty-Five Years On
by Miguel Maduro Marlene WindJoseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.
The Transformation of European Private Law
by James Devenney Mel B. KennyThis book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.
The Transformation of Global Health Governance
by Colin Mcinnes Kelley Lee Simon Rushton Owain David Williams Adam Kamradt-Scott Anne Roemer-MahlerThe authors examine how health governance is being transformed amid globalization, characterized by the emergence of new actors and institutions, and the interplay of competing ideas about global health. They explore how this has affected the governance of specific health issues and how it relates to global governance more broadly.
The Transformation of Private Law – Principles of Contract and Tort as European and International Law: A Liber Amicorum for Mads Andenas (LCF Studies in Commercial and Financial Law #2)
by Maren HeidemannEminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve.The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the caselaw of the International Court of Justice developing general principles of tort liability in public international law.
The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
by Liviu DamşaThis volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of 'restitution' in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates 'privatisation' in a theory of post-communist transformation of property.
The Transformation of Title IX: Regulating Gender Equality in Education
by R. Shep MelnickIn this book, the author analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, the author examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars―and almost certainly will remain so for years to come.
The Transformation of the Supreme Court of Canada
by Donald R. SongerIn the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.
The Transforming Power of Cultural Rights: A Promising Law and Humanities Approach
by Helle PorsdamCultural rights promote cultural and scientific creativity. Transformative and empowering, they also enable the pursuit of knowledge and understanding, thereby working as atrocity prevention tools. The Transforming Power of Cultural Rights argues that this gives these rights a central role to play in promoting the full human personality and in realizing all other human rights. Looking at the work of the UN Special Rapporteurs in the field of cultural rights as well as UNESCO's efforts, Helle Porsdam addresses the question of how a universal human rights agenda can include a dialogue that recognizes the importance of cultural diversity without sliding into cultural relativism. She argues that cultural rights offer a useful international arena and discourse in which to explain and negotiate cultural meanings when controversies arise. This places them at the center of human rights - and at the center of law and humanities.
The Transgenerational Consequences of the Armenian Genocide: Near The Foot Of Mount Ararat (Palgrave Studies in the History of Genocide)
by Anthonie HolslagThis book brings together the Armenian Genocide process and its transgenerational outcome, which are often juxtaposed in existing scholarship, to ask how the Armenian Genocide is conceptualized and placed within diasporic communities. Taking a dual approach to answer this question, Anthonie Holslag studies the cultural expression of violence during the genocidal process itself, and in the aftermath for the victims. By using this approach, this book allows us to see comparatively how genocide in diasporic communities in the Netherlands, London and the US is encapsulated in an historic narrative. It paints a picture of the complexity of genocidal violence itself, but also in its transgenerational and non-spatial consequences, raising new questions of how violence can be perpetuated or interlocked with the discourse and narratives of the victims, and how the violence can be relived.
The Transhumanist Reader: Classical and Contemporary Essays on the Science, Technology, and Philosophy of the Human Future
by Max More Natasha Vita-MoreThe first authoritative and comprehensive survey of the origins and current state of transhumanist thinking The rapid pace of emerging technologies is playing an increasingly important role in overcoming fundamental human limitations. Featuring core writings by seminal thinkers in the speculative possibilities of the posthuman condition, essays address key philosophical arguments for and against human enhancement, explore the inevitability of life extension, and consider possible solutions to the growing issues of social and ethical implications and concerns. Edited by the internationally acclaimed founders of the philosophy and social movement of transhumanism, The Transhumanist Reader is an indispensable guide to our current state of knowledge of the quest to expand the frontiers of human nature.
The Transition of Religion to Culture in Law and Public Discourse (ICLARS Series on Law and Religion)
by Lori G. BeamanThis book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
The Transition of the Patent System
by Yuan FengThis book investigates the institutionalized process, basic laws, and evolutionary trends of the patent system based on the analytical model of evolutionary theory and deploying a historical and comparative approach.Unlike traditional scholarship that focuses solely on the analysis of legal texts, this book considers the patent system to be both a historical product and an evolving institution that requires a synchronic study of its institutionalization. The author traces the emergence and evolution of the patent system by examining the concept and derivative systems during the pre-industrial age, the medieval period, and the industrial age respectively, as well as the challenges it faces nowadays. By exploring the influencing factors and roles of technology, economy, culture, and power that have determined and shaped the patent system throughout history, the book provides insights into the impetus, principles, and mechanisms of its formation and evolution, shedding light on its future and advancement.This title will greatly benefit students, researchers, legal professionals, and policymakers interested in intellectual property law and policy, particularly the patent system.
The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas
by Daniel KielEvery Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.
The Translator: A Memoir
by Daoud HariNATIONAL BESTSELLER • A suspenseful and deeply moving memoir that &“lays open the Darfur geocide . . . intimately and powerfully&” (The Washington Post Book World) and shows how one person can make a difference in the world. &“A book of unusually humane power and astounding moral clarity.&”—Kirkus Reviews (starred review) I am the translator who has taken journalists into dangerous Darfur. It is my intention now to take you there in this book, if you have the courage to come with me. Daoud Hari—his friends call him David—is a Zaghawa tribesman and grew up in a village in the Darfur region of Sudan. As a child he saw colorful weddings, raced his camels across the desert, and played games in the moonlight after his work was done. This traditional life shattered in 2003 when helicopter gunships appeared over Darfur&’s villages. Hari was among the hundreds of thousands of villagers attacked and driven from their homes by Sudanese-government-backed militia groups. Though Hari&’s village was burned to the ground, his family decimated and dispersed, he himself escaped, eventually finding safety across the border. Roaming the battlefield deserts on camels, he and a group of his friends helped survivors find food, water, and the way to safety. With his high school knowledge of languages, Hari offered his services as a translatorand guide after international aid groups and reporters arrived. In doing so, he risked his life again and again, for the government of Sudan had outlawed journalists in the region, and death was the punishment for those who aided the &“foreign spies.&” And then, inevitably, his luck ran out and he was captured. . . .The Translator tells the remarkable story of a young man who came face-to-face with genocide—time and again risking his own life to fight injustice and save his people.
The Transnational Crime of Human Trafficking: A Human Security Approach (Transnational Criminal Justice)
by Maria O'NeillHuman trafficking is a multi-faceted crime. It suffers from definitional and implementation problems. One facet, the focus of this book, is the transnational nature of much of the crime, and the need for practitioners to operate across borders to combat it. Europe has taken a distinctive approach to cross border law enforcement and judicial cooperation, which could be used as a model in other areas of the world. This publication examines these problems from a Council of Europe and European Union perspective, including the now post-Brexit UK. The UK has adopted a distinctive approach to legislating and operationalising its trafficking in human beings (THB) legal frameworks, also legislating for “slavery, servitude, forced and compulsory labour”, resulting in distinctive results in internal UK law enforcement. It is argued here that this approach and the results should inform THB legislative and operational developments more widely. Further action in legal and operational frameworks is, however, clearly needed and the book advocates the adoption of a human security “freedom from fear” approach. Ultimately, the interaction of different legal frameworks, and different jurisdictions requires transnational practitioners to adopt a constructivist approach, as was adopted for the development of the internal EU area of freedom, security and justice. The book will be of interest to academics, researchers and policy-makers working in the areas of transnational law, migration law, criminology and international relations.
The Transnational Governance of Violence and Crime
by Anja P. Jakobi Klaus Dieter WolfBuilding upon a range of case studies that range from civil war to maritime security and cyber crime, the contributors analyse how non-state actors can and should be involved in contributing to state and human security.
The Transnationalization of Anti-Corruption Law (Transnational Law and Governance)
by Régis Bismuth, Jan Dunin-Wasowicz, and Philip M. NicholsThe last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.
The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information
by Mark FensterIs the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command. The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.
The Transparent Leader
by Herb Baum Tammy KlingDrawing on his experience as a leader in some of the nation's largest corporations, Baum issues a convincing call for honest, ethical, "transparent" dealing throughout the business world. Baum outlines the management techniques he uses within and without the company to get outstanding results without skirting the rules or bending the truth. Baum maintains that by fostering trust, integrity and accountability at all levels within the corporation, managers can stop the erosion of employee loyalty, restore consumer trust in brands, products, and American business. Baum teaches executives fresh ways of managing Wall Street analysts, communicating with shareholders, and wading through the complex maze of social responsibility issues. As a member of six corporate boards, Baum offers unique insight into transparent leadership, including the advantages and pitfalls of corporate governance, and the pressures executives face in reporting earnings. He also discusses the importance of setting standards for ethical business practices, yet highlights the dangers of government regulations that may result in excessive compliance costs at the expense of shareholders, creative risk taking, and innovation.
The Travaux Préparatoires of the Crime of Aggression
by Stefan Barriga Claus KreßThe Travaux Préparatoires of the Crime of Aggression contains a complete documentation of the fifteen years of negotiations which led up to the historic adoption of the amendments to the Rome Statute of the International Criminal Court at the 2010 Review Conference in Kampala. Arranged chronologically, it includes all relevant official Chairman's drafts, non-papers, country proposals, meeting reports and summary records, as well as selected unpublished materials and transcripts from the dramatic negotiations at the Review Conference. Three introductory articles, each written from the perspective of an insider, put the Kampala compromise into context and explore the amendments on the crime of aggression, their negotiation history and the intentions of the drafters.
The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation
by R. Kent NewmyerThe Burr treason trial, one of the greatest criminal trials in American history, was significant for several reasons. The legal proceedings lasted seven months and featured some of the nation's best lawyers. It also pitted President Thomas Jefferson (who declared Burr guilty without the benefit of a trial and who masterminded the prosecution), Chief Justice John Marshall (who sat as a trial judge in the federal circuit court in Richmond) and former Vice President Aaron Burr (who was accused of planning to separate the western states from the Union) against each other. At issue, in addition to the life of Aaron Burr, were the rights of criminal defendants, the constitutional definition of treason and the meaning of separation of powers in the Constitution. Capturing the sheer drama of the long trial, Kent Newmyer's book sheds new light on the chaotic process by which lawyers, judges and politicians fashioned law for the new nation.
The Treatment: The Story of Those who Died in the Cincinnati Radiation Tests
by Martha StephensThe Treatment is the story of one tragedy of medical research that stretched over eleven years and affected the lives of hundreds of people in an Ohio city. Thirty years ago the author, then an assistant professor of English, acquired a large set of little-known medical papers at her university. These documents told a grotesque story. Cancer patients coming to the public hospital on her campus were being swept into secret experiments for the U. S. military; they were being irradiated over their whole bodies as if they were soldiers in nuclear war. Of the ninety women and men exposed to this treatment, twenty-one died within a month of their radiations. Martha Stephens's report on these deaths led to the halting of the tests, but local papers did not print her charges, and for many years people in Cincinnati had no way of knowing that lethal experiments had taken place there. In 1994 other military tests were brought to light, and a yellowed copy of Stephens's original report was delivered to a television newsroom. In Ohio, major publicity ensued--at long last--and reached around the world. Stephens uncovered the names of the victims, and a legal action was filed against thirteen researchers and their institutions. A federal judge compared the deeds of the doctors to the medical crimes of the Nazis during World War II and refused to dismiss the researchers from the suit. After many bitter disputes in court, they agreed to settle the case with the families of those they had afflicted. In 1999 a memorial plaque was raised in a yard of the hospital. Who were these doctors and why had they done as they did? Who were the people whose lives they took? Who was the reporter who could not forget the story, the young attorney who first developed the case, the judge who issued the historic ruling against the doctors? This is Stephens's moving account of all that transpired in these lives and her own during this epic battle between medicine and human rights.
The Treaty on the Prohibition of Nuclear Weapons: Legal Challenges for Military Doctrines and Deterrence Policies
by Jonathan L. Black-BranchThe Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.