scholarly journals Tribal Property Rights: A Legal Analysis

2022 ◽  
pp. 24-37
Author(s):  
Garima Agarwal ◽  
Kajal Singhvi
Keyword(s):  
Decision Making ◽  
Property Rights ◽  
Central Government ◽  
Land Acquisition ◽  
Power Imbalance ◽  
Legal Analysis

In our country, the property rights of tribals are in extreme jeopardy. Despite various legislations and laws that ensure that property rights to the tribals are not denied, the situation is dire. There is also a massive power imbalance; the tribes have no power against the states and are always the victims. A constitutional provision like the Fifth Schedule is highly outdated and centralizes the decision-making rights of tribals. The PESA Act established to ensure that tribals are more involved in decision-making has been manipulated and not appropriately implemented. The LARR Act and the FRA Act, dealing with land acquisition laws and tribal property rights, respectively, have successfully been diluted by the states as well the central government.

From Prime Ministerial Power to Core Executive

2017 ◽  
Author(s):  
R. A. W. Rhodes
Keyword(s):  
Decision Making ◽  
Prime Minister ◽  
Central Government ◽  
Government Policies ◽  
Approaches To Studying ◽  
The Core ◽  
Executive Politics ◽  
Core Executive ◽  
The Government ◽  
Different Parts

The core executive is a new concept replacing the conventional debate about the power of the prime minister and the Cabinet. It refers to all those organizations and procedures that coordinate central government policies, and act as final arbiters of conflict between different parts of the government machine. In brief, the ‘core executive’ is the heart of the machine. The chapter reviews the several approaches to studying the British executive: prime ministerial government; prime ministerial cliques; Cabinet government; ministerial government; segmented decision-making; and bureaucratic coordination. It then discusses several ways forward by developing new theory and methods. The Afterword discusses the core executive as interlocking networks, and the fluctuating patterns of executive politics.

scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

Studies of Central–Provincial Relations in the People's Republic of China: A Mid-Term Appraisal

1995 ◽  
Vol 142 ◽  
pp. 487-508 ◽  
Author(s):  
Jae Ho Chung
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Central Government ◽  
National Level ◽  
The Other ◽  
Republic Of China ◽  
Government Relations ◽  
Scant Attention ◽  
The One ◽  
Central Level

Spatial aspects of power have been relatively neglected in the field of political science in general, with the notable exception of federalism. Many have argued that the study of political power has generally confined itself to the national level and paid scant attention to the interactions between the central government on the one hand and regional and local authorities on the other. Several tendencies have worked against the flourishing of political research on central-local government relations in the last three decades. First, in methodological terms, the “behavioural revolution” that swept the discipline caused a sudden premature end to the institutional analysis so crucial to central-local government relations. Secondly, in thematic terms, political scientists have been overly preoccupied with central-level processes of decision-making while neglecting the politics of central-local relations. Thirdly, in conceptual terms, the rise of “state” as an encompassing concept was facilitated largely at the expense of complex intra-governmental dynamics.

Case Comment: Moore v. Regents of the University of California

1992 ◽  
Vol 18 (1-2) ◽  
pp. 127-145 ◽  
Author(s):  
Helen R. Bergman
Keyword(s):  
Property Rights ◽  
University Of California ◽  
Illustrative Case ◽  
Medical Procedures ◽  
Property Law ◽  
Human Tissues ◽  
Legal Analysis ◽  
Legislative Changes ◽  
The University ◽  
Unanswerable Question

The increasing use of human tissues in medical research has spawned a host of ethical and legal debates. Legal analysis in this area has almost exclusively focused on the question of property rights in both the tissues used in research and in the resulting products. One illustrative case is Moore v. Regents of the Unversity of California, in which a patient sued his doctor for conversion of his spleen which had been removed for therapeutic purposes. The doctor later used the spleen to develop a patented and profitable cellline. This Comment examines and rejects the property law approach to this issue. Instead, this Comment proposes two legislative changes which would 1) eliminate any trade in human tissues and 2) require doctors to inform their patients of any research interest in proposed medical procedures. These proposals resolve the problem presented in Moore, and avoid the misleading, and inevitably unanswerable, question of property rights.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Reallocation of property rights in agro-food systems: addressing diffuse stakeholders' rights

2012 ◽  
Vol 12 (1) ◽  
pp. 1-12
Author(s):  
D. Zylbersztajn
Keyword(s):  
Decision Making ◽  
Literature Review ◽  
Property Rights ◽  
Food Systems ◽  
Theoretical Explanation ◽  
Allocation Model ◽  
Forest Production ◽  
Cooperative Production ◽  
Property Rights Theory ◽  
Development Banks

Stakeholders are individuals who can substantially affect the decision-making and sharing part of the value created by firms. This paper explains how parties that have not exercised cooperative production efforts, hold decision-making rights and share rights to the value created. The objective of this paper is to present a theoretical explanation for the existence of stakeholder activity, based on the property rights theory. In addition, the paper explores examples of development banks and a system of certification of sustainable forest production, exploring strategic implications. The paper is organized into four parts. Following the introduction, part two presents a selective literature review, part three presents a property rights allocation model and part four presents cases and conclusions.

scholarly journals Climate change governance in the anthropocene: emergence of polycentrism in Chile

Elem Sci Anth ◽  
2018 ◽  
Vol 6 ◽  
Author(s):  
Rodrigo Arriagada ◽  
Paulina Aldunce ◽  
Gustavo Blanco ◽  
Cecilia Ibarra ◽  
Pilar Moraga ◽  
...  
Keyword(s):  
Climate Change ◽  
Decision Making ◽  
Central Government ◽  
Action Plan ◽  
Local Level ◽  
Effective Response ◽  
Climate Governance ◽  
Public And Private ◽  
Climate Change Responses ◽  
New Institutions

Multilateral efforts are essential to an effective response to climate change, but individual nations define climate action policy by translating local and global objectives into adaptation and mitigation actions. We propose a conceptual framework to explore opportunities for polycentric climate governance, understanding polycentricity as a property that encompasses the potential for coordinating multiple centers of semiautonomous decision-making. We assert that polycentrism engages a diverse array of public and private actors for a more effective approach to reducing the threat of climate change. In this way, polycentrism may provide an appropriate strategy for addressing the many challenges of climate governance in the Anthropocene. We review two Chilean case studies: Chile’s Nationally Determined Contribution on Climate Change and the Chilean National Climate Change Action Plan. Our examination demonstrates that Chile has included a diversity of actors and directed significant financial resources to both processes. The central government coordinated both of these processes, showing the key role of interventions at higher jurisdictional levels in orienting institutional change to improve strategic planning and better address climate change. Both processes also provide some evidence of knowledge co-production, while at the same time remaining primarily driven by state agencies and directed by technical experts. Efforts to overcome governance weaknesses should focus on further strengthening existing practices for climate change responses, establishing new institutions, and promoting decision-making that incorporates diverse social actors and multiple levels of governance. In particular, stronger inclusion of local level actors provides an opportunity to enhance polycentric modes of governance and improve climate change responses. Fully capitalizing on this opportunity requires establishing durable communication channels between different levels of governance.

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