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Law in the Time of Oxymora
What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degree...
The BRICS-Lawyers' Guide to Global Cooperation
Explores the role of law in different areas of BRICS cooperation and the impact it can make on global governance.
A Post-WTO International Legal Order
This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the...
Irresolvable Norm Conflicts in International Law
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective
This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance
International Development Assistance and the BRICS
This book aims to bring together a series of analyses on international development assistance in the BRICS, the group of countries that includes Brazil, Russia, India, China and South Africa. The BRICS states comprise approximately 3 billion people (~40% of the World’s population) and in terms of GDP account for 16.8 trillion dollars (~22% of the World’s economy). Over the last decade the loose coalition has evolved to become a formal partnership on both economic and political fronts. The first formal meeting of the then-four BRIC countries took place in 2006 during the United Nations General Assembly. This was followed in 2009 by the first summit of BRICS' heads of state, an event which has been convened annually ever since. On 3-5 September 2017, the ninth BRICS Summit was hosted in Xiamen, China. This book, an anthology of scholars based in BRICS countries, provides invaluable insights into the emerging global south coalition, and will be of interest to scholars, employees of NGOs, and China watchers.
Balancing Copyright - A Survey of National Approaches
How does copyright law take into account the interests of third parties, especially the general public’s interest in the greatest possible dissemination of knowledge and culture? Twelve basic questions give copyright law experts from more than forty countries the opportunity to provide answers related to their national law on the following matters: categories of works and subject matter, eligibility conditions, duration, “users’ rights,” the three-step test, misuse, differentiations between categories of right holders, TPM, and relations of copyright law to other legal areas such as fundamental rights, competition law, consumer protection law, media law etc. The standardized form of ...
Research Handbook on Legal Semiotics
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.
Balance and Limitation of Intellectual Property Protection in China
The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
TURKISH POLICY QUARTERLY - VOL. 20 - NO. 4 - WINTER 2021/22
How much time is twenty years? Long enough to inspire, or short enough to be unnoticeable? Turkish Policy Quarterly (TPQ) was published for the first time in February 2002. We are celebrating its 20th anniversary with this issue. While much has changed since then, we believe the values that guide TPQ are as relevant and important as ever. There was then and there is now a chance for us all to contribute to a better world. TPQ has always adhered to and will continue to adhere to this ideal. In return, its global audiences have relied on TPQ since the very first day to provide them with credible, balanced, inter-disciplinary, and independent coverage. TPQ's evolution has been complex, involvin...
