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Full-Text Articles in Law
The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu
The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu
Faculty Scholarship
The quest for a user-friendly copyright regime began a decade ago when the Hong Kong government launched a public consultation on "Copyright Protection in the Digital Environment" in December 2006. Although this consultation initially sought to address Internet-related challenges, such as those caused by peer-to-peer file-sharing technology, the reform effort quickly evolved into a more comprehensive digital upgrade of the Hong Kong copyright regime.
A decade later, however, Hong Kong still has not yet amended its Copyright Ordinance. Thus far, three consultation exercises have been launched in December 2006, April 2008 and July 2013. Two bills have also been introduced …
Transboundary Legal Perspective: International Water Law, Gabriel Eckstein
Transboundary Legal Perspective: International Water Law, Gabriel Eckstein
Faculty Scholarship
This chapter provides readers with an introduction to international law in general and international water law in particular. The chapter discusses the scope, principle tenets, procedural obligations, and sources of international water law, and delves into discussions about transboundary aquifers and joint institutional mechanisms. An appendix that provides exercises and discussion topics to help readers retain and apply important information.
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Faculty Scholarship
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …
The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez
The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez
Faculty Scholarship
The research presented here challenges the contemporary view that the international investment regime has a “chilling effect” on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision-making within host governments have been uniform across states and economic sectors The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters host government rent-seeking behavior that can harm foreign investors.
In petro-dependent developing nations that have weak institutional capacity the survival of the government becomes tied to its ability …
Creating An International Prison, Mary Margaret Penrose
Creating An International Prison, Mary Margaret Penrose
Faculty Scholarship
This Article asserts that a permanent international prison is a necessary, if not indispensable, component of any effective international criminal justice system. It begins by first addressing the historical approach to international sentencing. Next, it discusses the inadequacies of the status quo. Finally, it argues the time has come to construct a permanent international prison, rather than adhere to the ad hoc approach in dealing with international criminals and convicts.
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Five Decades Of Intellectual Property And Global Development, Peter K. Yu
Faculty Scholarship
The 2016-2017 biennium marks the historical milestones of several major pro-development initiatives relating to intellectual property law and policy. These important milestones include the Intellectual Property Conference of Stockholm in 1967, the adoption of the Declaration on the Right to Development (UNDRD) in 1986 and the establishment of the WIPO Development Agenda in 2007.
On January 1, 2016, the UN Sustainable Development Goals (SDGs) also came into force. Adopted by the UN General Assembly in September 2015, the 2030 Agenda for Sustainable Development featured 17 SDGs and 169 targets. Prominently mentioned in Target 3.b of SDG 3 are the WTO …