The International IP System: From Continuity to Resilience

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
International Law ◽  
Revolutionary Change ◽  
Minimum Standards ◽  
Multilateral System ◽  
Common Goals ◽  
The Common ◽  
Relationship Of

This chapter looks at how rule-relations within the international intellectual property (IP) system have developed from continuity (in constantly raising minimum standards) to resilience (against certain forms of increasing protection). It considers the evolution of the international IP system from the nineteenth century onwards, examining how each succeeding changes and additions to the system had established a relationship of continuity which integrates existing standards and adds new ones. The chapter then turns to the emergence of another revolutionary change. The integral nature of the common goals established in TRIPS’ object and purpose creates a form of ‘resilience’ of the multilateral system over attempts for inter-se modifications. Moreover, international law has appropriate tools so that those charged with applying, implementing, and interpreting multilateral IP norms can give effect to this resilience both in relations of interpretation and relations of conflict.

Intellectual Property

2019 ◽  
pp. 362-374
Author(s):  
Edward Kwakwa
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
International Cooperation ◽  
Slow Pace ◽  
Political Forces ◽  
Multilateral System ◽  
System Today

The international intellectual property (IP) system remains one of the areas of law in which norm-setting through the treaty method is at its most prolific. This chapter discusses the trend of prolific treaty-making in IP, a trend that is at variance with the generally slow pace of treaty-making in other areas of international law. It reviews norm-setting through treaty-making in the IP field and discusses the historical and political forces that have shaped the international IP system today. The IP system nevertheless needs to adopt non-treaty means of norm-setting or international cooperation. Certain platforms and other non-treaty means are in vogue now and will likely increasingly be used in the IP setting. This chapter also describes some of the new and innovative means of non-treaty forms of international cooperation in the IP arena, and ends with the prediction that the multilateral system of cooperation in IP will continue to be enhanced through a combination of treaty and non-treaty forms of collaboration.

THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW

2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping
Keyword(s):  
International Law ◽  
Consumer Protection ◽  
Private International Law ◽  
Cross Border ◽  
Border Trade ◽  
The Common ◽  
Definition Of ◽  
Common European Sales Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

Introduction

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Intellectual History ◽  
Private International Law ◽  
Historical Account ◽  
The Common ◽  
The Individual ◽  
Historical Accounts ◽  
Point Of Reference

This chapter describes and contests the common assumptions about nineteenth-century private international law intellectual history. Conventional historical accounts focus on broad schools of thought in private international law (PrIL), such as nationalism and internationalism, or personality and territoriality. By contrast, the central thesis of this book, described in this first chapter, is that internationalism was constructed differently depending on whether nineteenth-century internationalists took the state or the individual as the point of reference. This chapter argues that reading contemporary concepts and debates into nineteenth-century PrIL scholarship prevented us from engaging with the nuances and unique motivations of nineteenth-century PrIL theories. Instead, this introductory chapter outlines the contextual perspective adopted in this book’s intellectual historical account, which ultimately helps in recovering and reconstructing a relational internationalist perspective in nineteenth-century private international law legal thought.

Territorial Rights and National Defence

2015 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
International Law ◽  
Just War ◽  
Just War Theory ◽  
Territorial Integrity ◽  
Lethal Force ◽  
Political Cooperation ◽  
The Common ◽  
Relationship Of ◽  
The Relationship ◽  
National Defence

Both just war theory and international law recognize the defence of one’s own state and its territory as the core example of just cause for war. Yet just war theorists have done little to explore what might give the state a territorial right of this kind. This chapter argues that a state has a right to territorial integrity when it meets three conditions: (1) its citizens have a right to occupy its territory, (2) its scheme of law is minimally just, and (3) the relationship of political cooperation that supports its institutions is reasonably and widely affirmed. This chapter then considers whether a state that satisfies these conditions may defend its territorial integrity with lethal force. This account does not support the common-sense conviction that defending one’s state against aggression is always morally permitted or even required. But it can establish a defensive privilege in a central range of cases.

International Law as a Political Language, 1600–1859

2020 ◽  
pp. 48-78
Author(s):  
Walter Rech
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Legal Issues ◽  
European Law ◽  
Political Language ◽  
Law Of Nations ◽  
History Of ◽  
The Common ◽  
Ius Gentium ◽  
The Relationship

By illustrating the history of Italian international law from the early seventeenth to the mid-nineteenth century, this chapter explores the question of whether and to what extent this period may have been characterized by a genuinely Italian ‘tradition’ or approach to international legal issues. The chapter questions the notion of a monolithic Italian tradition in international law and shows that the commonality of topics and interests among Italian lawyers can best be read as part of broader trends in the European ‘law of nations’. Although they were concerned with nationally important matters such as maritime trade, the sovereignty of smaller polities and the relationship between State and church, Italian lawyers constantly defended their claims by resorting to the common European vocabulary of the ius naturae and ius gentium.

International Law and Religion

2017 ◽  
Keyword(s):  
International Law ◽  
Political Theory ◽  
Middle Ages ◽  
Future Research ◽  
Religion And Law ◽  
The Common ◽  
Preliminary Study ◽  
Humanist Tradition ◽  
The One ◽  
Relationship Of

This book maps out the territory of ‘international law and religion’ challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. In other words, international law would be the final product of a rationalist and humanist tradition that has become globally ‘adult’. By questioning that narrative of secularization this book places itself in almost uncharted territory. The book consists of a Preliminary Study, written by Martti Koskenniemi, and eighteen chapters arranged in four thematic sections. From the Middle Ages’ early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion and provides referential points that would help in future research in the topic.

scholarly journals On the Waterfront: The Historic Waterfront Precinct, Dunedin, New Zealand

2011 ◽  
Vol 18 ◽  
pp. 65-82
Author(s):  
Alexander Trapeznik
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Central City ◽  
Gold Rush ◽  
Reclaimed Land ◽  
Built Heritage ◽  
Urban Rural ◽  
The Common ◽  
Relationship Of ◽  
The City

This article examines the industrial and mercantile built heritage of New Zealand by considering a remarkable precinct in Dunedin of surviving commercial buildings from the second half of the nineteenth century. The city was then the country’s financial, commercial and industrial centre, having undergone a gold rush boom in the 1860s. A large industrial and commercial precinct was rapidly created on reclaimed land in the central city over the following three decades. This study seeks to emphasise the importance of the agricultural economy and the stock and station agency business in particular to urban growth; this urban-rural interdependency that shaped nineteenth-century Dunedin. This contradicts the common emphasis on the gold rush boom and its architectural legacy. This study adopts a landscapes approach, offering a holistic framework which recognises the inter-relationship of

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