Law Commons^™

Battleground Between New And Old Orders: Control Conflicts Between Copyright And Personal Data Protection, Margaret Ann Wilkinson

Law Publications

This book brings together contributions from reputed experts on Canadian intellectual property law which highlight its special features. Situated at the crossroads between legal traditions in Europe and the United States, Canada’s intellectual property laws blend various elements from these regions and can offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyrights, covering both historical and contemporary developments. They are designed to bring perspective and reflection upon what has become in recent years a very rich intellectual property environment.

In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads …

Metrics And The Measurement Of International Trade: Some Thoughts On The Early Operation Of The Wto Rta Transparency Mechanism, Chios Carmody

Law Publications

No abstract provided.

Wto法律之原理, Chios Carmody

Law Publications

No abstract provided.

A Theory Of Wto Law, Chios Carmody

Law Publications

The creation of the World Trade Organization in 1994 has left open the question of whether we can identify a theory of its legal system. A theory should help us to better understand what WTO law is as well as what it should be. This article posits the idea that a theory can be identified if we conceive of the WTO Agreement as protecting expectations about trade, facilitating adjustment to realities encountered in trade, and promoting interdependence between economic operators. Each of these purposes is implemented under the WTO Agreement by a specific instrument. In the case of expectations it …

An Ontology For Autonomic License Management, Qian Zhao, Mark Perry

Computer Science Publications

The license agreement can be seen as the knowledge source for a license management system. As such, it may be referenced by the system each time a new process is initiated. To facilitate access, a machine readable representation of the license agreement is highly desirable, but at the same time we do not want to sacrifice too much readability of such agreements by human beings. Creating an ontology as a formal knowledge representation of licensing not only meets the representation requirements, but also offers improvements to knowledge reusability owing to the inherent sharing nature of such representations. Furthermore, the XML-based …

A Framework For Automatic Sla Creation, Halina Kaminski, Mark Perry

Computer Science Publications

Negotiation is fundamental to business. Increased automation of business to business or business to customer interaction is demanding efficient but flexible systems that can manage the negotiation process with minimal direct human intervention. Industries that provide online services rely on Service Level Agreements as the basis for their contractual relationship. Here we look at a means for generating these with a negotiating tool (SLA Negotiation Manager) that complies with e-negotiation rules and creates the agreements from existing business objectives.

Indigenous Self-Determination And The State, Shin Imai

Aboriginal Policy Research Consortium International (APRCi)

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, Indigenous Peoples and the Law: Comparative and Critical Perspectives (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self- administration/self-management model provides for indigenous entities to deliver social services and …

Beyond Indigenous Property Rights: Exploring The Emergence Of A Distinctive Connection Doctrine, Eric Dannemaier

Aboriginal Policy Research Consortium International (APRCi)

Human rights law has begun to offer normative protection for what remains of indigenous lands. Yet territory now better defended from conquest and encroachment is increasingly threatened by their byproducts. Water scarcity, food security, waste deposition, climate change—in short, the multiple impacts of industrial development—pose a new territorial challenge to indigenous communities that will test the reach and capacity of the human rights regime.

This Article examines that challenge and argues that a solution may lie in emerging human rights doctrine recognizing indigenous peoples’ land rights not as heirs to a European conception of property, but as peoples with a …