Digital Commons Network^™

International Law And Ungoverned Space, Matthew Hoisington

Matthew Hoisington

Ungoverned spaces, strictly defined as “spaces not effectively governed by the state” exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways—and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from “safe havens” afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the …

Migration, Human Rights And Development: A Global Anthology, Anne T. Gallagher Ao

Anne T Gallagher

Migration, Human Rights, and Development presents a unique collection of important, accessible, and sometimes provocative writing in the area of migration—with a particular focus on the human rights and development aspects of modern migration trends and responses. A detailed introduction by the editor is followed by four thematic sections that address: (i) the relationship and connections between human rights, migration, and development; (ii) key issues in migration and development, including impacts on source and destination countries, social costs, and the role of remittances; (iii) key issues in migration and human rights: the legal and policy frameworks and the rights of …

Understanding The Development Potential Of Worker Remittance Securitization, Heather Hughes

Heather Hughes

Financial institutions are seeking to leverage the value of the cash that emigrant workers remit to their home countries. Specifically, banks in developing countries have securitized remittance cash flows. The size and stability of worker remittances have caused a surge of interest among financial institutions, academics and others in recent years. Remittance securitizations - or, issuances of remittance-backed bonds - present specific instances in which parties in remittance-receiving countries have actually harnessed the value of remittances in order to access capital markets. Remittance flow securitization can enable developing region banks to raise funds at advantageous rates. Because these future-flow transactions …

International Law, The Civilizing Mission And The Ambivalence Of Development In Africa: Conceptual Underpinnings, Amin George Forji

Amin George Forji

International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European1 economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic imperatives namely: reinforcing home industries and instituting a market for finished products. While professing liberal moralism, European encroachment into Africa became suddenly exemplified with a turn from informal …

A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan

Rami Olwan

On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …

Innovation And Development In The Age Of Climate Change Adaptation: Open Or Closed?, Dannie Jost

Dannie Jost

In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services.

The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of …

The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi

Professor Ben M Tsamenyi

The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …

Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Professor Ben M Tsamenyi

No abstract provided.

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Professor Ben M Tsamenyi

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …

Rights-Based Fisheries Development In Australia: Has It Stalled, Ben Tsamenyi, A Mcilgorm

Professor Ben M Tsamenyi

No abstract provided.

Intellectual Property, Trips And Development, Anne Fitzgerald, Rami M. Olwan

Rami M Olwan

No abstract provided.

International Law And Ungoverned Space, Matthew Hoisington

Matthew Hoisington

Ungoverned spaces, strictly defined as “spaces not effectively governed by the state” exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways—and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from “safe havens” afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the …

Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel

David Pimentel

Constitution-making in developing and post-conflict countries is a growth industry throughout the world. A country needing a new constitution will necessarily feel pressure to adopt, to "import," constitutional texts and principles from other, perhaps more developed nations, knowing that (1) such concepts have been tried and proven in other successful nations, and (2) they meet internationally-recognized minimum standards. A constitution, however, is, and must be, both a product of and a reaction to the society’s culture, and that includes its legal tradition, its history, and its ideology. Unless constitutions are drafted in cultural context, the best intentions are likely to …