Law Commons^™

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos

Patentability Of Software Inventions, Umakant Mishra

Umakant Mishra

Software is very expensive to develop but very inexpensive to copy. Just by copying a software you create an exact duplicate of the original software and all with the same functionality. There is no difference between the original (which is bought) and the copy (pirated). The worse is when the source code is copied. The copier can even claim to have developed the software where the credit of the developer might go. The software developers use various methods to protect their source code such as copyright, trade secrets etc. but each having limitations. The developers are keen on finding legal …

Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Evaluate Patentability Of Your Invention, Umakant Mishra

Umakant Mishra

The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …

A Incorporação Dos Tratados De Direitos Humanos Ao Ordenamento Jurídico Brasileiro, Fabiano Barroso

fabiano barroso

direitos humanos, tratados internacionais, direito constitucional

Patentability Criteria In Different Countries, Umakant Mishra

Umakant Mishra

The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing …

The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …

Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma

Saumya Uma

This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'

Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma

Saumya Uma

This is a Hindi translation of the English publication 'Combating Impunity'

A New World Of Discovery: The Ramifications Of Two Recent Federal Courts Decisions Granting Judicial Assistance To Arbitral Tribunals, Anna Conley

Anna Conley

No abstract provided.

Addressing Corruption In Development, Matthew Wilburn King

Matthew Wilburn King PhD

Acknowledgement of the detrimental effects of corruption on the development of nations has led to an increasing demand amongst the international public for more transparent and democratic governance structures to combat and prevent corruption in both public and private sectors. Governments and stakeholders in the international community recognize that corruption is a fundamental governance issue that can impede economic growth and human development. Subsequently, corruption has come to the fore in international policy circles. A number of global institutions, such as the World Bank, regional institutions, corporations, and governments have embraced anti-corruption efforts in an attempt to mitigate and prevent …

Neutral Investment Revisited, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Major Expropriation Case Decided By The Mexican Supreme Court Of Justice, The Due Process Requirement And Its Correlation With International Treaties, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Responsibility Of Transnational Corporations In International Environmental Law: Three Perspectives, André Nollkaemper

André Nollkaemper

This chapter examines recent developments pertaining to the international responsibility of transnational corporations for activities that may cause harm to the environment. While the position of transnational corporations in international law has been subjected to previous analyses, also in regard to international environmental law, there are reasons for a new consideration of the topic.

First, transnational corporations substantially contribute to the worldwide stress on the environment. Many acts that deplete natural resources, contribute to the depletion of the ozone layer and to climate change, deplete fish stocks, clear-cut forests, move waste across boundaries, and so on, are not performed by …

‘Gemengde’ Tribunalen En Hooggespannen Verwachtingen, André Nollkaemper, Sarah Nouwen

André Nollkaemper

No abstract provided.

The Independence Of The Domestic Judiciary In International Law, André Nollkaemper

André Nollkaemper

No abstract provided.

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …

Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article canvasses the international rubric and dynamic that informs the democracy and good governance crusade before moving the discussion to a regional setting targeting Pacific Island Countries with Fiji as a case study. It seeks to argue that democratic experimentalism, not the so-called “McDonaldization” (globalization as homogenization) of the world, is important. This is based on the premise that “McDonaldization” minimizes the complex way in which the local interacts with the international. The efficacy of democratic experimentalism is that it acknowledges that rights are not based on first principles, but that, they are inevitably socially constructed and historically contingent, …

Legal Aspects Of Regional Integration In Central Asia, Zhenis Kembayev

Zhenis Kembayev

No abstract provided.

State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk

René Värk

No abstract provided.

Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …

Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms

Fiona David

ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.

Asean Responses To Trafficking In Persons, Fiona M. David Ms

Fiona David

This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.

The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow

Christopher Wadlow

Reflects on the lessons which unsuccessful efforts to introduce a British Empire patent prior to 1923 may offer for the European Community patent. Reviews the origin of the proposal in 1901, the state of patent law across the Empire at the time, the progress made at several Imperial conferences, key features of the 1919 memorandum and the issues discussed at the 1922 patent conference. Outlines the reasons for the failure of the 1923 proposals, including the problems created by Canada's claim for reciprocal treatment for its patents, and considers whether the EC Community patent has a greater prospect of success.