Download or read book Intellectual Property Law and Human Rights written by Paul Torremans and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.

Download or read book Human Rights Inc written by Joseph R. Slaughter and published by Fordham Univ Press. This book was released on 2009-08-25 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.

Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life

Download or read book Human Jurisprudence written by Glendon Schubert and published by University of Hawaii Press. This book was released on 2019-09-30 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, “missionary,” critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes—particularly law, politics, and scholarship—are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge’s behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology—attitudes toward human values—is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert’s concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.

Download or read book The Inter American Court of Human Rights written by Yves Haeck and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.

Download or read book Defining Civil and Political Rights written by Alex Conte and published by Routledge. This book was released on 2016-05-13 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.

Download or read book Mental Health Legal Capacity and Human Rights written by Michael Ashley Stein and published by Cambridge University Press. This book was released on 2021-09-02 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

Download or read book Gender Sensitive Norm Interpretation by Regional Human Rights Law Systems written by Maria Sjöholm and published by Martinus Nijhoff Publishers. This book was released on 2017-09-25 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

Download or read book Religious Courts in the Jurisprudence of the European Court of Human Rights written by Michał Rynkowski and published by BRILL. This book was released on 2019-09-02 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 60 years of its existence, the European Court of Human Rights has handled only twelve cases in which a religious court was involved at stage of domestic proceedings. These cases originated from a number of European States and the Court came to various conclusions, which are presented in this book.

Download or read book International Human Rights Law written by Olivier De Schutter and published by Cambridge University Press. This book was released on 2014-08-07 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.

Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Download or read book The End of Human Rights written by Costas Douzinas and published by Bloomsbury Publishing. This book was released on 2000-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.

Download or read book Legal Guide to Human Resources written by Steven C. Kahn and published by Warren Gorham & Lamont. This book was released on 1996-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Posthuman Legal Subjectivity written by Jana Norman and published by Routledge. This book was released on 2021-08-12 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

Download or read book The Heart of Human Rights written by Allen Buchanan and published by . This book was released on 2013-12 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. Any attempt to achieve a moral assessment of that enterprise must first evaluate the system of international legal human rights, which includes both legal norms and the institutions that create, interpret, and implement them. When philosophers have addressed the system of international legal human rights at all, they have tended to assume that international legal human rights, when they are morally justified, mirror, or at least help to realize, preexisting moral human rights. But international legal human rights, like many other legal rights, can be justified by appeal to several different types of moral considerations, of which the need to realize preexisting moral individual rights is only one. Justifying the system of international legal human rights requires not only advancing sound arguments for international legal human rights norms, but also an account of the legitimacy of the institutions of the international legal human rights system. It also requires showing that the legal rights in question should be part of a system of international law, rather than merely being included in domestic legal systems. Finally, justification also requires an account of the supremacy of international human rights law: a determination of whether and if so under what conditions, international human rights law should trump domestic law, including the constitutional law of the best existing liberal democratic states --

Download or read book Dignity Rank and Rights written by Jeremy Waldron and published by Oxford University Press on Demand. This book was released on 2012-11-29 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009"--T.p. verso.

Download or read book Human Rights and Judicial Review A Comparative Perspective written by David M. Beatty and published by BRILL. This book was released on 2021-09-27 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.