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Full-Text Articles in Law
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
The External Dimension Of Eu Investment Law, Fernanda Nicola
The External Dimension Of Eu Investment Law, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements ("FTAs") is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …
The External Dimension Of Eu Investment Law, Fernanda Nicola
The External Dimension Of Eu Investment Law, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements ("FTAs") is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …