Sportgulation: Courts as ‘deus ex machina’ in defining the ‘public interest’ in sport broadcasting – The case of Israel

2017 ◽  
Vol 79 (2) ◽  
pp. 190-202 ◽  
Author(s):  
Ilan Tamir ◽  
Yehiel Limor
Keyword(s):  
Public Interest ◽  
Women's Sport ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Public Broadcasting Service ◽  
Women's Basketball ◽  
Court Intervention ◽  
Broadcasting Service ◽  
Israeli Supreme Court

In 2005, following an appeal to the High Court of Justice, secret financial agreements between the Israel Broadcasting Authority and Maccabi Tel Aviv basketball team (a privately owned team that plays regularly in top European tournaments) were exposed. The documents revealed that the Israel Broadcasting Authority paid 26 million dollars in the previous six years for broadcasting Maccabi’s games, in addition to indirect payments related to sponsors. At the same year, the Israeli Supreme Court ordered the Israeli Broadcasting Authority to broadcast all games of the Israeli women’s basketball champion, as part of European tournaments, after the Authority refused to do so. Why was one team favored by the public broadcasting service while the other required court intervention? Who, then, defines the public interest in sport? Who enjoys being broadcast: only national teams in popular sport branches (football and basketball) or private teams as well? Is it ‘men only’ or women’s sport is also considered worthy to be broadcast? This study seeks to examine the pressures and interests regarding sport broadcasting and focus on the role of courts as a ‘deus ex machina’ in solving the competition between the public and private interests. Based on analysis of courts’ decisions and in-depth interviews with senior officials at the three regulatory organs, who regulate all Israeli TV outlets and channels, we draw a complicated web of economic, political, and legal interests and pressures. When no one wins the ‘pressure game,’ it comes to court, which has to decide and define what a ‘public interest’ is, and thus becomes, de facto, a fourth regulator of the TV in sport broadcasting. The decisions made concerning sport broadcasting rights in Israel offer a window in the wider question of how Israel defines the public interest in broadcasting.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

7. Patents

2019 ◽  
pp. 95-123
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

‘Sometimes Uncomfortable, Sometimes Arousing’: The Slow Dramaturgy of Casey Jenkins's Craftivist Performances

2016 ◽  
Vol 41 (2) ◽  
pp. 168-180 ◽  
Author(s):  
LARA STEVENS
Keyword(s):  
Public Interest ◽  
Video Clip ◽  
Menstrual Blood ◽  
Public Broadcasting ◽  
Public Place ◽  
The Public ◽  
Feminist Performance ◽  
Far North ◽  
Public Broadcasting Service ◽  
Broadcasting Service

From mid-October to mid-November 2013, Australian performance artist Casey Jenkins sat for twenty-eight days in a gallery in Darwin, far North Australia, knitting a scarf from a ball of wool lodged in her vagina. Parts of the performance of Casting Off My Womb were filmed by the public broadcasting service SBS2, and aired in late November 2013 as a two-minute-and-forty-eight-second video clip re-titled Vaginal Knitting. The clip went viral on YouTube, with over seven million views as of March 2016, and received extensive media attention. Casting Off My Womb attracted global public interest because Jenkins continued to knit throughout the days of her period, weaving her menstrual blood into the artwork. The performance elicited strong responses from its global viewing public. While some people praised the work, many online spectators wrote vicious, derisive and personal attacks on Jenkins for displaying her menstrual blood in a public place. This article uses Matthew Goulish's methodology of ‘slow thinking’ as a counterresponse to the impulsive reactions of the online spectators and as a means to register the powerful and incremental energy and effects of Jenkins's feminist performance.

scholarly journals Persecução do interesse público em um cenário de múltiplos interesses: recomendações da OCDE e os conflitos regulados pela Lei nº 12.813/2013

2018 ◽  
Vol 277 (2) ◽  
pp. 149
Author(s):  
Fabrício Motta ◽  
Bruno Belém
Keyword(s):  
International Organizations ◽  
Public Interest ◽  
Conflicts Of Interest ◽  
Public Policies ◽  
Public And Private ◽  
The Public ◽  
Central Focus ◽  
Private Interests

<p>Persecution of the public interest in a scenario of multiple interests: the OECD’s recommendations and the conflicts regulated by Law 12.813/2013</p><p> </p><p>O artigo analisa a estrutura dos conflitos de interesses públicos e privados, tendo como foco central o exercício de competências por parte de agentes públicos. Com fundamento nos estudos realizados por organismos internacionais, especialmente pela OCDE, são identificados os elementos integrantes das políticas públicas da gestão de conflitos de interesses e sua organização, com o foco voltado para a preservação da integridade das decisões públicas e prevenção à corrupção, analisando-se a normatização e o conteúdo da lei brasileira que disciplina o conflito de interesses no âmbito da administração pública federal.</p><p> </p><p>The article analyzes the composure of conflicts of public and private interests, having as central focus the exercise of competences by public agents. Based on the studies carried out by international organizations, the elements that are part of the public policies of the management of conflicts of interest and their organization are identified, with a focus on preserving the integrity of public decisions and preventing corruption.</p>

7. Patents

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

The Right to Be Forgotten: The Balance Between Public and Private Interests in the Practice of Constitutional Control Organs

2021 ◽  
Vol 8 (3) ◽  
pp. 41-48
Author(s):  
Daria A. Petrova ◽  
Ekaterina A. Galchun
Keyword(s):  
Public Interest ◽  
Fundamental Rights ◽  
Public And Private ◽  
The Public ◽  
The Right To Privacy ◽  
Private Interests ◽  
Right To Be Forgotten ◽  
Telecommunications Network ◽  
Internet Information ◽  
The Right

The internet information and telecommunications network, due to its accessibility and easy storage and distribution of huge amounts of data, and its ability to search and find information, plays a key role in the implementation of such fundamental rights as freedom of speech and the press. At the same time, there is an increasing risk that materials on the World Wide Web may harm the rights and legitimate interests of individuals, especially the right to privacy. In these conditions of eternal competition between the public and the private, the right to be forgotten arises as a mechanism that allows one to remove or slow the spread of unwanted information. The authors investigate the problem of implementing this relatively new opportunity in the context of finding a balance between the public interest in obtaining information and the private interest in destroying it. It is argued that this category of cases is difficult due to the lack of a unified standard of proof and criteria for evaluating arguments. Based on an analysis of the most important precedents, the most common legal positions on the issue are identified and critically assessed. An increasing priority afforded to public interest and the decreasing requirements for the deletion of information is revealed. The authors consider the emergence of the right to be forgotten as a new mechanism for settling disputes in a pre-trial manner, by allowing one to not completely destroy, but to suspend the dissemination of undesirable information, thereby protecting private interests without violating the legitimate rights of the public. The conclusion is made about the right to be forgotten as a compromise in the conflict of fundamental rights. An approximate list of arguments for applicants and respondents is provided, suitable for practical application in disputes about the right to be forgotten.

The Definition of Health and Illness between Juridification and Medicalisation: A Private/Public Interest Perspective

2018 ◽  
Vol 25 (2) ◽  
pp. 177-195
Author(s):  
Cinzia Piciocchi
Keyword(s):  
Public Interest ◽  
Public Understanding ◽  
Controversial Issues ◽  
Crucial Issue ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Health And Illness ◽  
Definition Of Health ◽  
Definition Of

Abstract This article addresses the interactions between medicalisation and juridification and their impact on the concepts of health and illness. Juridification, de-juridification, medicalisation and de-medicalisation are defined in many different ways and it is particularly interesting to see how they affect each other, impinging on individual freedom and contributing to shaping the definition of health and illness and their public understanding. Juridification and medicalisation are particularly affected by the shifting perceptions of the public and private interests at stake, even if the identification of the public or private interest is not an easy task, especially when ethically controversial issues come into play. Nevertheless, the private/public interest analysis is a crucial issue in the understanding of the interactions between these two concepts and in the identification of the boundary lines between them, giving an important key to the understanding of their influence on the rights and liberties at stake.

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