The Doctrines of Specification and Accession: Potential Bases for Legal Ownership through Labor?

1983 ◽  
Vol 4 (1) ◽  
pp. 1-17
Author(s):  
Melissa A. Barker
Keyword(s):  
Case Law ◽  
Dominant Mode ◽  
Legal Basis ◽  
Collective Ownership ◽  
Legal Relationship ◽  
American Case ◽  
Ownership Rights ◽  
Mode Of Production ◽  
Composition Of Products ◽  
Means Of Production

This paper explores the viability of the doctrines of accession and specification as potential sources of a historical-legal basis for ownership rights accruing to labor by recognizing its unique capacity to create value. Focusing on examples from American case law, the origin and development of these doctrines are documented. The changes in these doctrines, from their first appearance in the early civil law or Code of Justinian to the present, often reflect the historic changes in the composition of products, the legal relationship between labor and capital and the changes in the dominant mode of production. The purpose of this inquiry is to determine if a legal rationale exists which justifies collective ownership of the means of production.

From ‘Don’t Mention the Titanium Dioxide Judgment’ to ‘I Mentioned it Once, But I Think I Got Away with it All Right’: Reflections on the Choice of Legal Basis in EU External Relations after the Legal Basis for Restrictive Measures Judgment

2013 ◽  
Vol 15 ◽  
pp. 537-562
Author(s):  
Geert de Baere
Keyword(s):  
European Union ◽  
Titanium Dioxide ◽  
Case Law ◽  
The European Union ◽  
Legal Basis ◽  
Court Of Justice ◽  
External Relations ◽  
Restrictive Measures

Abstract This chapter examines the choice of legal basis in EU external relations post-Lisbon in the light of the judgment of the Court of Justice in the Legal Basis for Restrictive Measures case. Before reaching the conclusion that the regulation at issue there was rightly based on Article 215(2) of the Treaty on the Functioning of the European Union (TFEU) and rejecting the European Parliament’s argument that the measure ought to have been taken on the basis of Article 75 TFEU, the Court made a number of important observations on the principles to be followed when choosing a legal basis and recalled some of its earlier case law, in particular Titanium Dioxide and its progeny. This chapter reflects upon the application of those principles in a post-Lisbon framework.

scholarly journals The socio-economic situation of the landowner peasants after the peasant reform in Georgia (the last quarter of the 19th - the early 20th century)

2021 ◽  
Vol 27 (3) ◽  
pp. 7-14
Author(s):  
Almas Musa Kizi Ismailova
Keyword(s):  
Economic Development ◽  
Rapid Development ◽  
Economic Situation ◽  
South Caucasus ◽  
Economic Relations ◽  
Capitalist Mode ◽  
The Russian Empire ◽  
The One ◽  
Mode Of Production ◽  
Means Of Production

The article analyses the main provisions of the peasant reform in Georgia, which had a further impact on the socio-economic development of the landowner peasants of Tiflis and Kutaisi provinces in the last quarter of the 19th – the early 20th centuries. On the basis of archival sources and literature, the author considers the reasons for the difficult economic situation of the Georgian landowners in the period under study. An analysis makes it possible to conclude that the socio-economic relations that had been formed in Georgia determined the contradictions inherent in the capitalist mode of management. On the one hand, the peasant reform contributed to the more rapid development of the capitalist mode of production in the countryside, laying the foundation for economic development in agriculture, the introduction of commercial agriculture, the growth of agricultural productivity, and the maturation of commodity-capitalist relations. On the other hand, the main means of production were in the hands of the landlords, which led to an even greater extensive impoverishment of the landlord peasants. Thus, in Georgia, the remnants of serfdom survived even longer than in the European provinces of the Russian Empire. It is concluded that the reason for these remnants included the backwardness and relatively weak development of capitalist relations in the South Caucasus, in particular, in Georgia.

scholarly journals British-American Case Law and the Application in Vietnam

2020 ◽  
Vol 36 (4) ◽  
Author(s):  
Nguyen Dang Dung
Keyword(s):  
Legal System ◽  
Case Law ◽  
American Case ◽  
American Legal System

The paper analyzes some characteristics and advantages of the source of the Bristish-American legal system and earned experiences for Vietnam.

scholarly journals Corporate Foreign Corrupt Practices and Director Liability

2014 ◽  
Vol 51 (3) ◽  
pp. 555
Author(s):  
Paul Blyschak
Keyword(s):  
Risk Mitigation ◽  
Civil Liability ◽  
Case Law ◽  
Corporate Law ◽  
Mitigation Strategies ◽  
Public Officials ◽  
Risk Mitigation Strategies ◽  
American Case ◽  
Director Liability

This article examines the various forms of potential liability faced by directors in their capacity as such in connection with corrupt practices engaged in by the corporations they serve. Although generally little discussed to date, Canadian directors do face potential civil liability associated with contraventions of the Corruption of Foreign Public Officials Act that are particular to their status as directors of a corporation. This article thus highlights this particular area of corporate law by reviewing both Canadian jurisprudence and American case law to decipher what lessons Canadian directors can learn in the absence of Canadian precedent similarly on point. Several key cases are highlighted and various risk mitigation strategies available to Canadian directors to guard against these potential liabilities are also discussed.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 58 Colombia: Colombian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Salame Antonio Aljure
Keyword(s):  
Latin America ◽  
Civil Law ◽  
Case Law ◽  
Private International Law ◽  
Gap Filling ◽  
Commercial Law ◽  
Legal Relationship ◽  
Commercial Code ◽  
The Hague ◽  
International Instruments

This chapter looks at Colombian perspectives on the Hague Principles. In Colombia, civil and commercial regulations are contained in two separate codes: the Colombian Civil Code and the Commercial Code. Despite their separation, commercial law draws from civil law and regulates several areas not covered by the latter. As a result, civil and commercial law in Colombia should be understood as complementary in that they both regulate international contracts and share similar foundations and principles. There is currently no modern law that comprehensively deals with private international law in Colombia. However, the Bogotá Chamber of Commerce is in the process of drafting legislation with the objective of clarifying the interpretive approach to norms underlying international contracts. Although there is no express reference to the Hague Principles as a guiding or interpretative source of law for judges, it has been recognized in case law that international instruments such as the UNIDROIT Principles of International Commercial Contracts (UPICC) may govern a legal relationship if they do not contravene an express rule. This gap-filling role facilitates the transition of law to modernity by virtue of the requirements of relevance, coherence, and justice.

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

It’s gotta be the shoes: Nike in the Spike-o-sphere

2021 ◽  
pp. 229-247
Author(s):  
Jeff Scheible
Keyword(s):  
Black Community ◽  
American Culture ◽  
Dominant Mode ◽  
Police Brutality ◽  
Spike Lee ◽  
Professional Career ◽  
The Us ◽  
Insight Into ◽  
Distinct Idea ◽  
Mode Of Production

This chapter traces the history and significance of Nike shoes within the auteurist mediascape that Spike Lee has cultivated for over three decades. Lee has steadily created his own dynamic, paracinematic universe that both parallels the logic of Hollywood’s dominant mode of production and resists some of its core tenets by retaining at its centre the distinct idea of the auteur—precisely what transmedial storytelling and postmodern textuality are often viewed to have obliterated. The chapter focuses on the beginning of Lee’s professional career in the 1980s and its current moment, noting the strong affinities between these moments both in American culture and in Lee’s work, which are intimately bound up with one another. Examining Lee’s career in this way provides insight into Lee’s engagement with the problem of police brutality and the enduring injustices faced by the black community in the US.

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