Intellectual Property and the Law of Nations, 1860-1920

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

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Hobbes among the Classic Jurists

10.1093/oso/9780198817215.003.0005 ◽

2018 ◽

Author(s):

David Boucher

Keyword(s):

International Relations ◽

International Law ◽

The State ◽

Law Of Nature ◽

Law Of Nations ◽

Complete Identification ◽

The Law ◽

The Individual ◽

Hedley Bull ◽

Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

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The New Private Law and Intellectual Property

The Oxford Handbook of the New Private Law ◽

10.1093/oxfordhb/9780190919665.013.23 ◽

2020 ◽

pp. 408-426

Author(s):

Molly Shaffer Van Houweling

Keyword(s):

Intellectual Property ◽

Common Law ◽

Private Law ◽

Concepts And Categories ◽

The Common ◽

The Law ◽

Law Courts ◽

Legal Concepts

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.

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Property in Human Body Parts

The Oxford Handbook of Comparative Health Law ◽

10.1093/oxfordhb/9780190846756.013.33 ◽

2020 ◽

Author(s):

Justine Pila

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Human Body ◽

First Principles ◽

The Political ◽

Body Parts ◽

Cautionary Tale ◽

Regulatory Approach ◽

Legal Position ◽

The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

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Israel and Palestine: Assault on the Law of Nations

The Yale Law Journal ◽

10.2307/796005 ◽

1982 ◽

Vol 91 (8) ◽

pp. 1726 ◽

Cited By ~ 1

Author(s):

Anthony D'Amato ◽

Julius Stone

Keyword(s):

Law Of Nations ◽

The Law

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Judge Bork’s Concept of the Law of Nations is Seriously Mistaken

The American Journal of International Law ◽

10.2307/2202665 ◽

1985 ◽

Vol 79 (1) ◽

pp. 92-105

Author(s):

Anthony D’Amato

Keyword(s):

District Of Columbia ◽

Palestine Liberation Organization ◽

Tel Aviv ◽

Court Of Appeals ◽

Law Of Nations ◽

Considerable Controversy ◽

The Law

A recent decision of the Court of Appeals for the District of Columbia Circuit, Tel-Oren v. Libyan Arab Republic, is sparking considerable controversy and will undoubtedly be examined at length in law journals. The events in issue occurred March 8, 1978, when 13 heavily armed members of the Palestine Liberation Organization left Lebanon for Israel under instructions to seize and hold Israeli civilians in ransom for the release of PLO members incarcerated in Israel. On the main highway between Haifa and Tel Aviv, they stopped and seized a civilian bus, a taxi, a passing car, and later a second civilian bus, taking the passengers hostage. While proceeding toward Tel Aviv with their hostages gathered in the first bus, the terrorists fired on and killed numerous occupants of passing cars as well as some of their own passengers. They also tortured some of their hostages. At a shoot-out with the police at a police barricade, the terrorists shot more of their hostages and then blew up the bus with grenades. As a result of the terrorists’ actions, 22 adults and 12 children were killed, and 63 adults and 14 children were seriously wounded.

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