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This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume...
'This collection of legal, philosophical, economic, and cultural perspectives ultimately makes a strong case for the potential value of game environments for addressing diversity issues, but also raises important concerns regarding implementation of corporate and government policies in this sector highly recommended for anyone exploring this emerging field.' Benjamin T. Duranske, Pillsbury Winthrop Shaw Pittman LLP, US 'Videogaming is serious business. But the legal and theoretical implications of online and virtual environments are little understood. Professor Graber and Ms. Burri-Nenova have done a masterful job of bringing together several insightful articles that inform us about the busi...
Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and, creativity and the construction of legal rights.
Because the original and essential value of spatial data ' data that refer to specific geographical locations or areas ' lies in environmental decision-making, such data mostly originate in the public sector and are made available to people,
This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.
For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.
In this book, Juneyoung Lee analyses the nexus between trade and culture, from domestic, regional and global perspectives, combining the multidisciplinary perspectives of international law, sociology and international studies.
Since the revolution in modern telecommunications that followed the invention of the telegraph, telecommunication networks have provided channels for the fast delivery of communications across national borders. This transnational nature of telecommunication networks have led to the establishment of international regulatory regimes on the subject. On the other hand, developing countries consider regional economic integration as a major strategy for promoting trade and development, telecommunications have been seen within this context as a strategic tool for facilitating regional economic integration. This has also led to the establishment of regional telecommunication regulatory regimes that ...
Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post –...