ALBERT

Description: Fundamentals of health law in Uganda by Ben Twinomugisha 2015 ISBN: 978-1-920538-39-2 Pages: 262x Print version: Available Electronic version: Free PDF available

Description: A guide to the African human rights system: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 - 2016 Edited by Centre for Human Rights, Faculty of Law, University of Pretoria 2016 ISBN: 978-1-92053-56-9 Pages: 80 Print version: Available Electronic version: Free PDF available

Description: Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider’s perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.

Description: The book entitled 'The Greatest Possible Freedom' tells the story of natural persons in the internal market. The first part contains a thick chronological description of the case-law of the Court of Justice of the European Union on free movement of persons and services, including the hitherto largely neglected coordination of social security. In this sizeable body of case-law including roughly 1400 decisions the book then traces the evolution and spin of certain interpretive formulas. Broad formulas like the greatest possible freedom or coordinative formulas like simple coordination are thus examined and their almost eerie power comes to light.

Description: PULP Guide: Finding legal information in South Africa - Fourth edition Edited by Shirley Ann Gilmore 2017 ISBN: 978-1-920538-68-2 Pages: 162 Print version: Available Electronic version: Free PDF available

Description: In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

Description: The jurisprudence of the African Commission on Human and Peoples' Rights has widely recognised the right to life as a foundational right. Without the right to life, other rights cannot be implemented. The Commission adopted General Comment No.3 on the African Charter on Human and Peoples' Rights on the right to life (Article 4) during its 57th Ordinary Session, held in Banjul, The Gambia, in November 2015. It is designed to guide the interpretation and application of the right to life under the Charter and to ensure its coherent application to a range of situations, including its implementation at the domestic level. The General Comment does not put in place new standards or highlight best practices but rather sets out the Commission’s perspective on dimensions of this universally recognised right. The text is also available, in the four official languages of the African Union, on the African Commission’s website: www.achpr.org

Description: This study analyses legal barriers to data sharing in the context of the Open Research Data Pilot, which the European Commission is running within its research framework programme Horizon2020. In the first part of the study, data protection issues are analysed. The main focus is on the Data Protection Directive (95/46/EC) and its implementation in selected EU Member States. Additionally, the upcoming General Data Protection Regulation (2016/679/EU) and relevant changes are described. Special focus is placed on leading data protection principles. Next, the study describes the use of research data in the Open Research Data Pilot and how data protection principles influence such use. The experiences of the European Commission in running the Open Research Data Pilot so far, as well as basic examples of repository use forms, are considered. The second part of the study analyses the extent to which legislation on public sector information (PSI) influences access to and re-use of research data. The PSI Directive (2003/98/EC) and the impact of its revision in 2013 (2013/37/EU) are described. There is a special focus on the application of PSI legislation to public libraries, including university and research libraries, and its practical implications. In the final part of the study the results are critically evaluated and core recommendations are made to improve the legal situation in relation to research data.

Description: An integrative rights-based approach to human development in Africa by Dejo Olowu 2009 ISBN: 978-0-9814124-6-7 Pages: x 322 Print version: Available Electronic version: Free PDF available

Description: Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.

Description: This book investigates lifecycle management strategies used by pharmaceutical companies attempting to maximize the value of their product portfolio. Such strategies are sometimes referred to by generic drug companies as “evergreening”. The analysis focuses on two of these strategies, namely product improvements and product line extensions. In particular, an evaluation of the patents that follow the basic one and that accompany the development of a drug from research to market is attempted. Two “blockbuster” drugs, Taxotere and Xalatan, were randomly chosen to carry out such analysis. The patent portfolio of the originator companies is outlined and some important patents for each area of research (e.g. formulations, combinations, delivery devices) are shortly described. Patent filing trends for the two drugs, both in regards of the originator and in regards of other competing companies (amongst these also the generics) are schematically shown.

Description: Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.

Description: African Human Rights Law Reports 2009 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2011 ISSN: 1812-2418 Pages: xxxvi 376 Print version: Available Electronic version: Free PDF available

Description: Alternative dispute resolution; Conflict resolution; Litigation; Children in mediation; Restorative justice; Victim offender mediation; Court-connected mediation

Description: African Human Rights Law Reports 2005 Edited by African Commission on Human and Peoples' Rights and the Centre for Human Rights, University of Pretoria 2007 ISSN: 1812-2418 Pages: xxx 244 Print version: Available Electronic version: Free PDF available

Description: Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains “patent quality.” Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as “non-obviousness.” As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems.

Description: Biopatents frequently disclose sequences of polypeptides and nucleic acids in the written description. The claims often cover a homology range surrounding the disclosed sequence to get a broader protection. However, homology claims face a hurdle that they may lack support by the written description. The Supreme Court of China ruled that homology claims lack support, but a further limitation by species of origin satisfies this requirement. This study explains that homology per se should have formed the essence of such disputes. Homology dictates the skilled person’s confidence on the functionality of unknown sequences, and is involved in multiple patentability requirements. Thus, the assessment of support is not an isolated matter. Disparity of different requirements creates an unclaimable gap, and constitutes a discrimination to biotechnology. An appropriate test for the support requirement is thus furnished to confer a scope of protection commensurating to the technical contribution.

Description: Traditional trade marks have become a rarity, widely replaced by more appealing means of market communication. Fueled by the CJEU's liberal jurisdiction, widening the subject matter eligible for trade mark protection, a whole new world of opportunity has opened up to advertisers.

Description: PULP Guide: Where to publish articles on the law - Fifth edition Edited by Shirley Ann Gilmore 2017 ISBN: 978-1-920538-64-4 Pages: 121 Print version: Available Electronic version: Free PDF available

Description: The African Charter on the Rights and Welfare of the Child: A socio-legal perspective by Thoko Kaime 2009 ISBN: 978-0-9814420-4-4 Pages: xii 247 Print version: Available Electronic version: Free PDF available

Description: This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.

Description: The first reactions to the Greek financial crisis were pension reforms and reductions. The aim of this book is to assess the legal implications of the reductions to pension benefits, proposing a legal framework in which pensioners are able to raise legal claims in court. The book gives account of the background regarding the factors that necessitated pension reforms prior to and after the fiscal crisis. Furthermore, it describes the Greek pension reforms and reductions which were undertaken progressively by the Greek Parliament from the beginning of the crisis until the year 2012. Finally, it examines the legality of the public pension reforms and reductions in old-age pension benefits with the Greek Constitution and with international law. The assessment is achieved using the principle of proportionality as a balancing concept.

Description: National commissions of inquiry in the aftermath of violations of human rights, including violations of the right to life, are a common feature of the African legal and political landscape. There is often a fair measure of scepticism or caution about their use, and with good reason. They can serve as convenient instruments to avoid accountability, rather than to achieve it. However, very little hard evidence is available upon which the performance of such commissions can be assessed, and hence impressions of their utility are often largely anecdotal. For the purposes of this book, researchers went to six countries in Africa—Chad, Burkina Faso, Kenya, Malawi, South Africa and Nigeria—and conducted in-depth investigations of commissions of inquiry that have been held there, interviewing those directly involved in the proceedings and those working on the issues since, including victims, lawyers, investigators and Commissioners. Drawing on this research, the book argues that commissions of inquiry should not be contrasted with courts or with criminal trials, since their proper place is at a different stage of the investigative process. Rather than replacing criminal processes, commissions might guide whether and how they should take place. Commissions can be cathartic events for victims or families; they can demonstrate that human rights are a priority for the state and thus lay the foundations for the rule of law; and they can make broader recommendations about what should be done. In short, in certain circumstances, they can serve to enable a broader concept of accountability. Praise for this publication “A rich collection of well-researched chapters made up of normative analysis and case studies, which presents a much-needed scholarly contribution to the question of accountability for violations of human rights—particularly the right to life—through a means other than a routine criminal process, a question with which the African Commission on Human and Peoples' Rights wrestled in its Study on Transitional Justice that was the basis for the African Union Transitional Justice Policy. The insights it offers on why, how and when Commissions of Inquiry in Africa facilitate accountability are profoundly informative not only for scholars but also for policy makers and practitioners.” Solomon Ayele Dersso Chairperson, African Commission on Human and Peoples’ Rights “This book covers new ground, with six rich case studies drawing from on-the ground research across the African continent. It demonstrates that while independent mechanisms can all face significant challenges in the aftermath of grave violations of human rights, properly-mandated, adequately-empowered and well-supported commissions of inquiry can in some cases play a valuable role within broader processes of accountability. The authors rightly focus on the complementarity of the different elements that a transitional justice process must have in order to be compatible with human rights standards, making an extraordinary theoretical contribution to debates about how to guarantee human rights in the face of atrocious facts.” Fabián Salvioli UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence Table of Contents Background and acknowledgments & Members of the research team Introduction: The role of national commissions of inquiry in securing the supreme human right Thomas Probert & Christof Heyns A brief introduction to the right to life and the normative framework mandating accountability, including the duty to investigate potentially unlawful deaths, as well as to the broader research project lying behind this volume The concept of accountability and its importance for the protection of the right to life Thomas Probert A chapter that looks at how the mutually-reinforcing character of human rights accountability is fundamental to its definition, and the consequence that human rights accountability must contain three key elements: finding out what happened and who was responsible (investigations); finding waysof remedying the situation (remedies); and finding ways of preventing it from happening again (reforms). ‘Lawfare’, instruments of governmentality and accountability, or both? An overview of national commissions of inquiry in Africa Meetali Jain A chapter illustrating how commissions of inquiry have a long pedigree in the legal and bureaucratic architecture of several of the colonial powers in Africa, and have been adopted by many African governments during the post-colonial period. It explores how the commission of inquiry, as an instrument of governmentality, can be and has been imposed for the purpose of legalistic domination, but how it has sometimes acquired a life of its own and also catalysed reform. Commissions of inquiry and social solidarity in the African context Christof Heyns A chapter that discusses the extent to which it is possible to draw lessons from an historical emphasis on social solidarity to inform our understanding of the role of commissions in Africa. In particular, it explores the extent to which South African jurisprudence has been informed by or has deployed the concept of ubuntu and its impact on accountability, also for right to life violations Shedding all the light? The Commission of Inquiry into the Crimes and Misappropriations of Hissène Habré in Chad The first case-study chapter, this examines the Commission of Inquiry into the Crimes and Misappropriations Committed by Ex-President Habré, his Accomplices and/or Accessories, which took place in Chad in 1990 to 1991. Established by new President Idriss Déby after Habré had fled the country, it provided a rather one-sided account of the abuses that had occurred during the latter’s rule. Nonetheless, its role in documenting violations, and its status as an official record adopted by the government of Chad, would go on to play a central role in the long story of the pursuit of justice for Habré’s victims, culminating in the Extraordinary African Chambers verdict and his conviction in 2016. A murdered journalist and a crisis of faith in the judiciary: The Independent Commission of Inquiry into the Death of Norbert Zongo in Burkina Faso Thomas Probert Whereas that Chadian Commission reviewed evidence of violations that took place over eight years, and reported on thousands of deaths, the next case study, that of the Independent Commission of Inquiry into the Death of Norbert Zongo and His Four Companions in Burkina Faso in 1999, investigated the events of a single afternoon. This chapter shows how, while the Commission focused on the murder of a journalist, the mobilisation for its establishment, and the challenges it faced reflected a complete lack of faith of the official judicial machinery of Blaise Compaoré’s regime. Public hearings and secret envelopes: The Waki Commission as a case study of accountability in Kenya Anyango Yvonne Oyieke The third case study is of the well-known Commission of Inquiry into Post-Election Violence in Kenya (sometimes called the Waki Commission). This Commission played a central role at the beginning of a long process of the pursuit of accountability for the abuses at the hands of both non-state and state actors in the aftermath of the 2007 election in Kenya. The Commission formed part of an internationally-mediated peace agreement, involved two international commissioners, and would ultimately end up implicated in a far more international process of indictments before the ICC that would lead to a sitting President appearing (briefly) in the dock at The Hague. A slow but steady search for justice: The Commission of Inquiry into the July 2011 ‘riots’ in Malawi John Kotsopoulos The conduct of the police was also examined by the Commission of Inquiry into the Death and Destruction of Property during the events of July 2011 in Malawi. This case was an interesting example of a commission of inquiry investigating a single set of events (the state’s response to a coordinated set of public protests across several cities) from multiple social perspectives, while also drawing important lessons for how the police ought to conduct public order operations. The rose that grew from concrete: The Commission of Inquiry into policing in Khayelitsha, South Africa Meetali Jain The Commission of Inquiry into Police Inefficiency in Khayleitsha was tasked with investigating an ongoing situation, in one of South Africa’s larger townships. Rather than inquiring into a specific police action, it was in many ways tasked with examining the causes of police inaction. This chapter shows how a commission established by the provincial government of the Western Cape was able to cast a spotlight on a series of social injustices that contributed to substantially weaker protections of the right to life. The (im)partiality of justice: The challenges of investigating the clashes between the Islamic Movement of Nigeria and the Nigerian army in Zaria, Nigeria Anyango Yvonne Oyieke The final case study is the most recent. The Kaduna State Commission of Inquiry into the Clashes Between the Islamic Movement of Nigeria and the Nigerian Army in Zaria Between 12th & 14th December 2015 provides an interesting example in many respects of how not to conduct a commission of inquiry. This chapter demonstrates how, provided with a less than impartial mandate, a commission can ostensibly neglect the opportunity to conduct detailed investigations into credible evidence of serious violations. Commissions of inquiry: Valuable first steps towards accountability or smokescreens for inaction? Thomas Probert & Christof Heyns While not based on a representative sample of current usage or “success”, the findings of this study can lend themselves to certain generalised observations about the effectiveness of commissions of inquiry as accountability mechanisms, and the circumstances under which they can play a role in the broader process that fulfils the state’s procedural obligations with regard to violations of the right to life. In a concluding chapter the editors pull together some of these general characteristics, while also drawing upon international human rights law standards for the conduct of investigations. Annex: A list of commissions of inquiry in Africa, 1990-2016

Description: Environmental Law / Policy / Ecojustice

Description: It is with great joy that I, along with the editorial committee, present to you, reader, the 2016 Pretoria Student Law Review. I believe it is only fitting that the tenth edition is one that portrays, very clearly, a new chapter in the life of this student publication. This year has not only been a challenging one for students, staff and parents but also for the citizens of South Africa as a whole. It is thus with even greater pleasure that we offer our humble contribution to legal academia. As the editorial board we are extremely proud of successfully completing this most important tenth edition in such tumultuous times. Many challenges have both been overcome and discovered in this year’s exciting journey of creating this publication. Every year experiences different authors with varied contributions and themes but this tenth edition is one which illustrates a certain gusto and determination on the part of those who worked towards its completion. With that said, I would like to thank the authors for their submissions and tireless effort to meet (often exceedingly pressed) deadlines. My thanks also goes to the artist for this edition, Marijke Benade and Lizette Hermann for her support during this particularly unique time; Prof Anton Kok & Prof Andre Boraine, for their support in various ways and on short notice. But of course, thank you to the editorial team of 2016. Abel Maluleka, Abrie van der Merwe, Carin Cross, Daniel Badenhorst, Larisse Prinsen and Roxanne Gilbert; without your willingness to assist, there would be nothing between these pages. Thank you to Sarah Burford, in particular, who is not only part of the editorial team but who greatly assisted me with concluding edits and proofreading. This year’s edition includes a diverse range of articles. Some are close to home while others grapple with issues abroad. From feminism & queer theory, to child rights, sports law, free higher education, and of course, the language debate, our authors have ensured that every reader will find something to both challenge and broaden their minds. I do hope that you enjoy this precious bundle of what the students at the Faculty of Law, University of Pretoria, have to offer. Editor in chief: Cara Furniss Editors: Daniel Badenhorst, Sarah Burford, Carin Cross, Roxanne Gilbert, Abel Maluleka, Larisse Prinsen & Abrie van der Merwe

Description: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of "innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.

Description: This book discusses the implications of the 2009 EU Commission’s Pharmaceutical Sector Inquiry on originator’s opportunities to apply Intellectual Property related measures in defending against generic competition. It argues that on the one hand recent developments in EU competition law do indeed impose potential limitations on an originator’s ability to block or delay generic market entry. On the other hand, the book calls for a differentiated assessment of the rather broad allegations made by the sector inquiry. The book thereby presents and thoroughly analyzes six key issues identified by the EU Commission in the inquiry’s final report: Blocking/defensive patenting, patent thickets, patent-related disputes and litigation, follow-on innovation, authorized generic entries and patent settlement agreements as well as interventions into generic marketing authorization. The analysis aims at reducing legal uncertainty by providing a clearer picture of legal boundaries between legitimate and problematic conduct under Arts. 101 and 102 TFEU. The book also puts the sector inquiry’s findings into a forward-looking perspective by highlighting industry trends with the potential to transform traditional originator and generic business models. The author studied economics and law, has gained substantial expertise about strategy development as a consultant to the pharmaceutical industry and currently leads strategic research management at a large life sciences public research organization in Germany.

Description: About the publication This report contains an in depth analysis of the muted right to freedom of expression in Eritrea. The number and forms of human rights violations related to the curtailing of free speech have been and continue to be well documented across the globe. This discourse identifies the right to free reception of information and expression as the bedrock to realising and maintaining the rule of law. Investigated herein is the historical background to the political evolution of the small African state and the social impact of the prevailing human rights violations. This report contains a compilation of human rights violations as determined by international treaty bodies, interviews with Eritrean witnesses and diaspora in exile and civil society reports on the human rights situation. It is argued in the report that the absence of the rule of law in Eritrea is directly attributed to the collapse of free expression as political forces see this right as a threat to their power base – a form of suppression that has nullified all human rights and freedoms and might well damage its people beyond repair. Table of Contents Preface List of abbreviations List of Eritrean print and electronic media Acknowledgments Executive summary English Executive summary French Executive summary Tigrinya Executive summary Arabic Introduction Contextualising the rule of law in Eritrea Eritrea’s human rights obligations and rule of law Non-Implementation of the Eritrean Constitution Suppression of free expression as an attack on the rule of law in Eritrea Prelude to dictatorship: Human rights before September 2001 The Crackdown of September 2001 Free expression in Eritrea today: Effects of widespread reprisals Closure of non-state media houses Collapse of the journalistic profession in Eritrea Internet censorship From arbitrary arrests to subtle control of the message Pervasive editorial spin The ‘03’ rumour system Suppression of foreign and diaspora media Reporting the work of the courts Eritrea’s international relations Awareness of the dangers of refugee flight Rebirth of independent journalism Recommendations Annex I: Compilation of recorded human rights violations related to free speech Arbitrary arrest and detention Torture and other cruel, inhuman or degrading treatment or punishment Death in custody Annex II: Report of the Working Group on the Universal Periodic Review: Eritrea I. Recommendations accepted II. Recommendations that do not enjoy the support of Eritrea

Description: The Three Books on interes-bearing loans and interest (Foenus et Usurae) by Gerard Noodt, Jurist and Professor of Law by SJ van Niekerk, JT Pretorius, DM Kriel and DH van Zyl 2009 ISBN: 978-0-9814124-0-5 Pages: 391 Print version: Available Electronic version: Free PDF available

Description: African Human Rights Law Reports 2011 Edited by The African Commission on Human and Peoples' Rights & the Centre for Human Rights, University of Pretoria 2014 ISSN: 1812-2418 Pages: 241 Print version: Available Electronic version: Free PDF available

Description: The Frontiers in Chemistry Editorial Office team are delighted to present the inaugural “Frontiers in Chemistry: Rising Stars” article collection, showcasing the high-quality work of internationally recognized researchers in the early stages of their independent careers. All Rising Star researchers featured within this collection were individually nominated by the Journal’s Chief Editors in recognition of their potential to influence the future directions in their respective fields. The work presented here highlights the diversity of research performed across the entire breadth of the chemical sciences, and presents advances in theory, experiment and methodology with applications to compelling problems. This Editorial features the corresponding author(s) of each paper published within this important collection, ordered by section alphabetically, highlighting them as the great researchers of the future. The Frontiers in Chemistry Editorial Office team would like to thank each researcher who contributed their work to this collection. We would also like to personally thank our Chief Editors for their exemplary leadership of this article collection; their strong support and passion for this important, community-driven collection has ensured its success and global impact.

Description: Can the rules of the European Union’s E-Commerce Directive, which date back to the year 2000, continue to be valid with regard to the dissemination of content in view of the constantly evolving online environment and the changing role of platforms as a result of new business models? The relevant legal foundations in this respect at EU and national level are complex, and their interplay is often unclear. The resulting uncertainty about who is responsible and therefore liable for certain content requires a critical review of the current legal framework. This study, conducted by the Institute of European Media Law (EMR) on behalf of the State Media Authority NRW, analyses the current legal framework and reveals ways of enforcing the applicable provisions concerning illegal content. It pays special attention to the need for reform of the E-Commerce Directive in light of the changing role of platforms. Können die Regelungen der bereits im Jahr 2000 verabschiedeten europäischen E-Commerce-Richtlinie angesichts der sich stetig weiterentwickelnden Online-Welt und der auf neuen Geschäftsmodellen beruhenden veränderten Rolle von Plattformen bei der Inhalteverbreitung fortbestehen? Die einschlägigen Rechtsgrundlagen auf EU- und nationaler Ebene sind vielschichtig und das Zusammenspiel oftmals unklar. Die daraus resultierende Unsicherheit darüber, wer für einen Inhalt verantwortlich und daher haftbar ist, erfordert die Überprüfung des geltenden Rechtsrahmens. Die vom Institut für Europäisches Medienrecht (EMR) im Auftrag der Landesanstalt für Medien NRW erstellte Studie analysiert den aktuellen Rechtsrahmen und zeigt rechtliche Gestaltungsmöglichkeiten der Rechtsdurchsetzung bei als rechtswidrig einzustufenden Inhalten auf. Besonderes Augenmerk wird dabei auf den Reformbedarf der E-Commerce-Richtlinie vor dem Hintergrund der sich wandelnden Rolle von Plattformen gelegt.

Description: The impact of the African Charter and Women’s Protocol in selected African states 2012 ISBN: 978-1-920538-11-8 Pages: x 212 Print version: Available Electronic version: Free PDF available

Description: Private International Law, International & Foreign Law, Comparative Law; US Politics; Theories of Law, Philosophy of Law, Legal History; Electoral Politics; Mathematics in the Humanities and Social Sciences

Description: How did the implementation of the EU Enforcement Directive on IP rights, which was adopted just before the expansion of the EU in May 2004, affect new EU Member States? This monograph is focused on three Baltic countries (Lithuania, Latvia and Estonia) and is aimed to present the collected information on the most relevant historic, social, economic and legal factors of those countries and to examine them. The examination leads to certain observations on what impact the listed factors made on the implementation of the Directive in that region, how they changed the “IP enforcement mechanisms”, case practise which existed before the adoption of the Directive, and what IP right holders can expect when litigating in the Baltics. Besides, this monograph gives a bigger picture on what the aims and objectives of the Enforcement Directive were and how they were actually reflected in the current IP enforcement practice of the so-called countries in transit where effective enforcement of IP rights is essential.

Description: The development of new medications and improvements thereof are crucial to ensure continued gains in health. The development process is long and costly, and mainly to produce the information to meet high regulatory requirements. In contrast, imitation involves negligible costs and much reduced risks. This is one of the reasons the pharmaceutical industry depends greatly on patent protection. Despite the existing patent system, however, the number of new medications per year has decreased, especially during the last decade. In comparison, the number of second generation patents and products has been drastically increased. This industry is accused both of neglecting its real mission of providing new medications while generating second generation products, and of preventing the entry of generics. The dissertation reviewed whether the concerns are justified, and, if so, whether or how the patent system can improve the situation that confronts pharmaceutical companies and society.

Description: Between 2013-2017, around 115 EU trademark applications were rejected on morality and public order grounds. In the GCC (six Arab and Islamic countries), anecdotal evidence suggests some refusals have bemused foreign applicants and highlighted cultural blindspots. In this context, this work examines how three Arab Gulf states that have Islamic law as the main source of legislation and large expatriate communities, apply moral bars to trademark registration. It draws comparison with Western jurisdictions. Three main questions are explored: 1) To what extent do immoral or borderline trademarks/goods proceed to registration in conservative Islamic countries that apply trademark law in conformity with Shari’a law? 2) What reasoning is guiding decisions? 3) Can a concept of ‘harm’ improve our understanding of the power of trademarks and thus the moral thresholds that countries set?The author is an innovation and IP commercialisation professional. She acquired a passion for trademark law while completing a Master of Laws in ‘Intellectual Property and Competition Law’ in Munich, Germany. She is now pursuing a career in trademark law in the UK.

Description: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China

Description: The Institute for Austrian and International Tax Law is one of the global leading tax academic institutions active in the field of international taxation. Its main fields of interest are corporate tax law, international tax law and European tax law and to a growing extent tax policy and transfer pricing. It engages in research and teaching in these areas, its staff participates in numerous national and international tax projects and over the years has developed an impressive network of contacts in more than 90 countries. The Institute’s team comprises 60 academic staff members as well as many visiting professors and guest researchers from more than 40 countries. The African Tax Institute (ATI) is devoted to training, research and technical assistance in the areas of tax policy and tax administration on the African continent. Its main goal is to develop capacity in ministries of finance and revenue authorities. Towards this goal, the ATI offers an interdisciplinary Master’s in taxation and a PhD in tax policy, primarily to students from the public sector. The main research areas of ATI staff and students include tax policy, international taxation, natural resource taxation, valueadded tax, fiscal decentralisation and property taxation.

Description: Bankenstrukturreformen, die eine Trennung von Investment- und Retailbanking vorsehen und die zusammenfassend als „Ring-Fencing“ bezeichnet werden können, werden seit der Finanzkrise kontrovers diskutiert. Die Arbeit befasst sich mit den rechtlichen Entwicklungen in der Europäischen Union sowie mit Regelungen im Vereinigten Königreich, Deutschland und der Schweiz. Die Arbeit trägt zur Abgrenzung und der Systematik von Ring-Fencing-Regelungen bei und zeichnet ein umfassendes Bild der gegenwärtigen Entwicklungen sowie möglicher Perspektiven auf Ebene des Unionsrechts. Darüber hinaus untersucht sie strukturelle Unterschiede zwischen bestehenden nationalen Regelungen an Europas drei wichtigsten Finanzplätzen und geht dabei insbesondere auf die einzigartigen aber bisher international wenig beachteten Schweizerischen Ring-Fencing-Bestrebungen ein. Die Arbeit wurde unter anderem mit dem Österreichischen Preis für Insolvenzrecht ausgezeichnet. Bank structural reforms that stipulate the separation of retail and investment banking and that can collectively be referred to as ‘ring-fencing’ have been among the most controversial regulations since the financial crisis. This study explores legal developments in the European Union in this regard as well as national legislation in the United Kingdom, Germany and Switzerland. The study contributes to the terminology and classification of existing and future ring-fencing initiatives and paints a comprehensive picture of current developments and prospects on an EU level in this respect. It furthermore highlights structural differences in the national approaches of Europe’s three most important financial centres, and casts light on Switzerland’s unique ring-fencing efforts that have been barely recognised internationally. This study was recognised with the Austrian Award for Insolvency Law.

Description: Can Rights Cure? by Marius Pieterse 2014 ISBN: 978-1-920538-27-9 Pages: 194 Print version: Available Electronic version: Free PDF available

Description: This book addresses the transformations which have occurred in employment arrangements and practices in the Australian public sector over the past decade and the changes in responsibilities and accountability through employment contracts, whistleblower legislation and partnerships between government and the private sector. It provides a comparative context through studies of reconstruction of the public service in the United Kingdom and New Zealand. Themes of contractualisation, privatisation and outsourcing are explored and critically examined, as well as influences of the industrial relations legislative framework including the Work Choices legislation.

Description: In September 2018 the criminal law section of the 72nd Deutscher Juristentag (DJT, “German Assembly of Jurists”) debated the question “Sentencing Guidelines vs. Free Judicial Discretion – Is German Sentencing Law in Need of Reform?” Despite the expert opinion provided by Johannes Kaspar and the accompanying scholarly commentaries, ensuing proposals for fundamental reform met with rejection. The comparative perspective was limited to the US Federal sentencing guidelines. The intention of this volume is therefore, on the one hand, to draw a more nuanced picture of Anglo-American sentencing law focusing on three legal systems (England/Wales, USA and Canada) accompanied by commentaries from a German perspective; on the other hand, we want to make the German perspective (better) known within the Anglo-American legal world by reproducing important DJT documents in English language. To ensure the widest possible distribution we opted for a bilingual open access publication.

Description: This study addresses the most important legal issues when implementing an open access e-infrastructure for research data. It examines the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications. The existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from the general European perspective as well as from that of selected EU Member States. Various examples and usage scenarios are used to explain the scope of protection of the potentially relevant IP rights. In addition different licence models are analysed in order to identify the licence that is best suited to the aim of open access, especially in the context of the infrastructure of OpenAIREplus. Based on the outcomes of these analyses, some recommendations to the European legislator as well as data- and e-infrastructure providers are given on improving the rights situation in relation to research data.

Description: Disability human rights law is a rapidly growing field. It merges critical disability studies, disability rights, and human rights to inform, identify, analyse, and create solutions to help protect the human rights of people with disabilities. This is the second volume of the Disability Human Rights Law edited collection. This volume delves deeper into this emerging field and begins to explore what human rights law means for people with disabilities, as well as what innovations people with disabilities are bringing to the field of human rights law.

Description: Compendium of key human rights documents of the African Union - Arabic Edition Edited by Christof Heyns and Magnus Killander 2007 ISBN: 978-0-9585097-6-3 Pages: 276 Print version: Available Electronic version: Free PDF available

Description: This paper looks at the contentious debate surrounding humanitarian intervention through a critical, narratological lens. By questioning the roles cast and identities constituted, in what could be compared to a theatrical drama, focus is given to the unreliable narration of the most powerful characters on the international stage – from the US to the UN – and its impact on the political and legal stances taken in various contexts. On a meta-level, it examines the conditions that enable this unreliable narration, by pointing out a problematic flexibility owing to the paradoxes and conflation entrenched in human rights rhetoric; what some call a budding ‘humanity’s law’. Attention is meant to be drawn to the power of mental imagery conjured up by intervention narratives, based on the story of saving innocents, as embodiments of humanity. The goal is to foster self-reflection among readers working in humanitarian intervention, within the epistemic community of international lawyers, and beyond. We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master’s dissertations.

Description: This book contains some of the papers that were presented at the first meeting of the newly formed African Expert Study Group on International Criminal Law / Groupe des Experts Africaines en Droit Pénal International held in September 2011 in Brussels, Belgium. The group was established under the auspices of the Multinational Development Policy Dialogue (hereinafter ‘MDPD’) and the Rule of Law programme of the German Konrad-Adenauer-Stiftung (‘KAS’) in 2010 modeled on the successful sister group in Latin America. This latter group was originally founded as an expert group to monitor the implementation of the Rome Statute of the International Criminal Court (‘ICC’) in Latin America within the framework of cooperation between KAS’ regional Rule of Law Programme and the Department for Foreign and International Law of the Institute for Criminal Law and Criminal Justice of the Georg-August-Universität Göttingen in 2002. The newly formed African group consists of judicial experts with both academic and practical background from various parts of Sub-Saharan Africa. The importance of such a group for the African continent cannot be overestimated. Africa plays a vital role in international criminal law and justice, both as an active player at the ICC and at the regional and national level. As for the group’s composition and outreach, the aim is to broaden regional representation and further consolidate membership. In 2012, the group will meet in Nairobi, Kenya to deal with topics surrounding the ‘Potential for the domestic prosecution of international crimes in Africa.’ Topics for future meetings abound given the multi-faceted African legal and political practice regarding international criminal justice in general and the ICC in particular. The group should in particular monitor the recent international or transnational criminal justice developments at the regional African level as well as relevant national developments. (Excerpt from the introduction by Kai Ambos)

Description: In 1885, Germany and Portugal became neighbours in Africa. The newly founded colony of German Southwest Africa prevented the southwards expansion of the ancient colony of Angola. The border along the Cunene and Kavango Rivers remained under dispute. After the outbreak of World War I in Europe, Portugal’s neutrality was questioned in German Southwest Africa, and when a group of German officials waiting near the border of Angola for food transports were shot in the Angolan fortress Naulila, a state of war between both colonies seemed inevitable. German troops launched several military reprisals against fortresses in southern Angola, most significantly against Naulila in December 1914. After their victory at Naulila, the Germans retreated to GSWA. However, African powers, most notably Kwanyama forces led by King Mandume, used the weakness of the defeated Portuguese army to expel the colonial troops from southern Angola. In 1915, a counter-offensive was launched with troops from Portugal that ended with the complete occupation of Kwanyama territories. After the war, a Luso-German arbitration procedure according to the Treaty of Versailles (1919) assessed the damages in Angola and Germany’s responsibility to pay reparations. The arbitration award of 1928 that established Germany’s responsibility for the violation of international law when attacking Naulila became a landmark case. It still holds relevance for modern international law. The final part of this book analyses the memorial culture that developed in Angola, Namibia, Germany and Portugal around the war in 1914/15.

Description: Law | Environment | Africa compiles the proceedings of the 5th Symposium and the 4th Scientific Conference of the Association of Environmental Law Lecturers from African Universities (ASSELLAU) in cooperation with the Climate Policy and Energy Security Programme for Sub-Saharan Africa run by the Konrad-Adenauer-Stiftung (KAS) and the United Nations Environment Programme (UNEP). The book

Description: Through the emergence of several high-profile investment arbitration cases, the effects of IPRs as investments covered under IIAs have finally come to light. The latest award, the only arbitration case dealing with patents as IPRs – the Eli Lilly v. Canada case – has brought up a number of interesting questions. Two of Eli Lilly's patents have been revoked, whereupon the company tried to redeem them through investment arbitration. One of the claims put forward by Eli Lilly is that his legitimate expectations, a standard of protection found in international investment law, have been frustrated by Canada. By allegedly failing to observe its obligations contained in Chapter 17 of the NAFTA, Canada frustrated the legitimate expectations of Eli Lilly. The thesis tries to analyze how the relationship between international IP treaties and legitimate expectations functions.

Description: Recidivism belongs to the main categories of criminology, crime policy and criminal justice. If the target of preventing offenders from reoffending is taken seriously crime policy should be measured by success of certain penal sanctions in terms of relapses. Also institutions that deal directly with crime and offenders need to get basic information on the consequences of their actions; particularly general knowledge about offender groups at risk of reoffending. All these are reasons why representative recidivism studies are needed. Meanwhile a lot of European countries gather systematic and comprehensive information on recidivism, periodically and on a national level. This volume presents an exemplary collection of such endeavors: Austria, Estonia, France, Germany, Switzerland and a comparative study of England and Wales, the Netherlands and Scotland.

Description: Rückfall gehört zu den zentralen Kategorien der Kriminologie, Strafrechtspraxis und Kriminalpolitik. Nimmt man den spezialpräventiven Anspruch des Strafrechts ernst, muss sich die Strafrechtspolitik daran messen lassen, wie gut es mit welcher Art von Sanktionen gelingt, Rückfälle zu verhindern. Aber auch die Institutionen, die unmittelbar mit Straftaten und Straftätern umgehen, bedürfen einer grundlegenden Information über die Folgen ihres Tuns, insbesondere allgemeine Erkenntnisse über rückfallgefährdete Tätergruppen. All dies sind Gründe, warum repräsentative Rückfalluntersuchungen benötigt werden. Systematische und umfassende Informationen zum Rückfall werden mittlerweile in vielen europäischen Ländern regelmäßig und landesweit erhoben. Der vorliegende Band will hierzu eine exemplarische Zusammenstellung dieser Bestrebungen bieten: Deutschland, Estland, Frankreich, Österreich, die Schweiz und eine Vergleichsstudie aus England und Wales, den Niederlanden und Schottland.

Description: This book addresses the application and the implications of Art. 25(1)(e) CDR - the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal provisions, results to date in a lower number of invalidations than Art. 25(1)(b) CDR - the other basis for invalidation available for the owners of distinctive signs.

Description: This booklet has been prepared by the Centre for Child Law, Faculty of Law, University of Pretoria. In 2018, the Centre for Child Law celebrates 20 Years of strategic litigation, research and advocacy in order to advance child law and children’s rights in South Africa. The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child have played an important role in shaping children’s rights jurisprudence in South Africa. This booklet is accompanied by a flash drive that contains a number of General Comments issued by the UN Committee on the Rights of the Child and the African Committee of Experts on the Rights and Welfare of the Child. This is an updatable resource – as the Committees produce future General Comments and issue views arising from their communications procedures, the new documents can be added to the flash drive, allowing this small compendium to grow as the jurisprudence expands.

Description: Prof. Dr. Ludger Kühnhardt, Director at the renowned Center for European Integration Studies (ZEI) at the University of Bonn is presenting a broadly structured study about the first fifty years of European integration, its geopolitical context and academic reflection. His study is based on the two-fold thesis that since a few years, the European Union is going through a process of its Second Founding while simultaneously changing its rationale. The original founding of European integration in 1957 was based on the notion of internal reconciliation among European states and societies. Since the 1990""s European integration has become, increasingly, a political project with implications for the internal structure of its member states and their societies. At the same time, with the end of the Cold War, the rational of European integration has begun to change: European integration is about a new global role of Europe, its contribution to the management of global affairs and its ability to cope with the effects of globalization on Europe. Inside the EU, the Second Founding is about a new contract between political elites and the people of Europe in order to solidify legitimacy and effectiveness for this unique experiment in European history. Prof. Dr. Ludger Kühnhardt has been Director at the Center for European Integration Studies (ZEI) since 1997. He is author of thirty books and edits the volumes of ZEI at Nomos.

Description: Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justice by Christopher Mbazira 2009 ISBN: 978-0-9814124-7-4 Pages: viii 273 Print version: Available Electronic version: Free PDF available

Description: About the publication The prohibition against corporal punishment is an integral part of the broader transformation of South African education. The prohibition seeks to replace South Africa’s violent and authoritarian past with an ethos respectful of human dignity and bodily integrity. About the editors: Faranaaz Veriava has a BA LLB from the University of the Witwatersrand and a LLM in human rights and constitutional practice from the Centre for Human Rights at the University of Pretoria. Table of Contents PREFACE ACKNOWLEDGMENTS EXECUTIVE SUMMARY ABBREVIATIONS AND ACRONYMS Introduction 1.1 The purpose of the report 1.2 Methodology 1.3 The structure of the report Corporal punishment in context 2.1 A historical overview of corporal punishment in South Africa 2.2 Debates on corporal punishment 2.3 An ‘official ambivalence’ to the prohibition The incidence of corporal punishment 3.1 An overview of statistical data 3.2 A sample study of corporal punishment complaints 3.3 Observations from the corporal punishment cases The legal and policy framework governing the prohibition against corporal punishment in South Africa 4.1 The protection of learners from corporal punishment 4.2 The sanction of educators administering corporal punishment 4.3 Best practice case studies: Western Cape and Gauteng Corporal punishment at independent schools 5.1 An overview of independent schools in South Africa 5.2 The legal framework governing independent schools 5.3 Improving mechanisms of enforcement at independent schools Developing effective ‘legal and educational’ programmes in enforcing the ban against corporal punishment 6.1 Shifting attitudes and implementing alternatives to corporal punishment 6.2 Improved mechanisms for the enforcement of the corporal punishment ban 6.3 Proposed interventions Conclusion LIST OF REFERENCES

Description: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 Edited by Karin van Marle 2006 ISSN: 1992-5174 Pages:30 Print version: Available Electronic version: Free PDF available

Description: Justice Robert H. Jackson, plenipotentiary for planning the Allies trial at the International Military Tribunal, called the trial “one of the most significant tributes ever paid by power to reason.” In Justice Jackson’s opening statement he made it clear that the trial at Nuremberg was to mark a new beginning in human history; that Nuremberg would serve to establish principles that could serve as benchmarks for all human behavior. This revised and extended Edition seeks to address both the short-term effects of the International Military Tribunal and the current impact that the trials have had on international law. The first section of the book contains essays which are written by leading scholars such as Christoph J.M. Safferling, looking at German participation in the Nuremberg Trials, to Winifried R. Garscha’s examination of Austrian War Crimes Trials and the concept of “Violation of Human Dignity.” This section will also include an examination of the influence of Nuremberg on the Tokyo War Crimes Trial. The second section of the book addresses the present-day impact of Nuremberg on international law. This section contains essays on selective justice, human rights litigation, the creation of hybrid tribunals, with new essays addressing sexual and gender-based violence in conflict zones, as well as new work on the Nuremberg Project, located at Harvard University. The hope for this volume is that the spirit of Nuremberg will be revived. In the words of Henry T. King, Jr., who was a young lawyer serving at the IMT, stated in the preface, “A better and more peaceful world based on justice is within our grasp,(…), we have a golden opportunity to build a more secure future for generations to come.” Richter Robert H. Jackson, Bevollmächtigter für die Planung des Prozesses der Alliierten vor dem Internationalen Militärtribunal, nannte den Prozess „one of the most significant tributes ever paid by power to reason“. In seiner Eröffnungsrede machte Jackson deutlich, dass der Nürnberger Prozess einen Neuanfang in der Menschheitsgeschichte markieren sollte; dass Nürnberg dazu dienen würde, Prinzipien zu etablieren, die als Maßstab für alles menschliche Verhalten dienen könnten. Diese überarbeitete Neuauflage befasst sich sowohl mit den kurzfristigen Auswirkungen des Internationalen Militärgerichtshofs als auch mit den aktuellen Auswirkungen der Prozesse auf das Völkerrecht. Der erste Teil des Buches enthält Aufsätze von führenden Wissenschaftlern wie Christoph J.M. Safferling über die deutsche Beteiligung an den Nürnberger Prozessen, zu Winifried R. Garschas Untersuchung der österreichischen Kriegsverbrecherprozesse und das Konzept der „Verletzung der Menschenwürde“. Außerdem wird der Einfluss Nürnbergs auf den Kriegsverbrecherprozess in Tokio untersucht. Der zweite Teil des Buches befasst sich mit den heutigen Auswirkungen Nürnbergs auf das Völkerrecht, mit Beiträgen über selektive Gerechtigkeit, Menschenrechtsstreitigkeiten, die Schaffung hybrider Tribunale. Neue Aufsätze beschäftigen sich mit sexueller und geschlechtsspezifischer Gewalt in Konfliktgebieten sowie mit dem Nürnberger Projekt an der Harvard University. Die Hoffnung für diesen Band ist, dass der Geist von Nürnberg wiederbelebt wird. In den Worten von Henry T. King, Jr., der als junger Anwalt am IMT tätig war, heißt es im Vorwort: „A better and more peaceful world based on justice is within our grasp (…), we have a golden opportunity to build a more secure future for generations to come.“

Description: Standard-setting is an essential tool for promoting innovation, competition and resulting in benefits to consumers and businesses. However, due to the fact, that standards are usually protected by standard-essential patents (SEPs), standard-setting may obstruct the access to the standardized technology and create entry barriers into the market for those, who do not own SEPs. The afore-described events cause tension between the owners and the users of SEPs. In order to keep the balance between the afore-specified parties, standard-setting organizations (SSPs) come into play by requiring SEPs owners to license these patents on fair, reasonable and non-discriminatory (FRAND) terms. Nevertheless, the latter attempt quite often results in costly and time-consuming litigation, because the parties are not able to agree what kind of terms are FRAND. Such situation inevitably impedes the implementation of the standardized technology into industries and calls for a re-consideration of the role of SSOs during the process of standardization and after the standard is set. In this work, the possible role of SSOs while improving the access for the users to the standardized technology will be discussed.

Description: The world increasingly faces the adverse impact of climate change. What role can intellectual property play to stimulate the necessary innovation and technology transfer? Providing an inventory of patent law, policy and information, including certain private initiatives, this thesis discusses issues at the crossroads of intellectual property and climate change, such as: compulsory licensing for climate change, patent offices

Description: Situating Sustainability reframes our understanding of sustainability through an emerging international terrain of concepts and case studies. These approaches include material practices, such as extraction and disaster recovery, and extend into the domains of human rights and education. This volume addresses the need in sustainability science to recognize the deep and diverse cultural histories that define environmental politics. It brings together scholars from cultural studies, anthropology, literature, law, behavioral science, urban studies, design, and development to argue that it is no longer possible to talk about sustainability in general without thinking through the contexts of research and action. These contributors are joined by artists whose public-facing work provides a mobile platform to conduct research at the edges of performance, knowledge production, and socio-ecological infrastructures. Situating Sustainability calls for a truly transdisciplinary research that is guided by the humanities and social sciences in collaboration with local actors informed by histories of place. Designed for students, scholars, and interested readers, the volume introduces the conceptual practices that inform the leading edge of engaged research in sustainability.

Description: Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role in the political transformation and regional integration in Africa. Over the years, Ghana has transformed from one-party state through military rule to multiparty democracy. Since independence, despite internal challenges, Ghana continues to play a critical transformational role on the African continent. This influence has been reinvigorated since the emergence of the concept of African Renaissance and adoption of the ‘African solutions for African problems’ mantra in the early 2000s. On 6 March 2017, Ghana celebrated its 60th anniversary of independence from colonial rule. Current circumstances in Ghana and Africa reinforce the argument that democracy and the rule of law are maintained by vigilance and involvement of the people. In this regard, this edited volume audited some of the issues relating to the state of human rights standards and compliance, democratic consolidation and development in Ghana as well as to bring forward how Ghana has contributed to the political, economic, cultural and ideological development in Africa. Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.

Description: About the publication Dilapidated public school infrastructure can be found across the country, but the problem is particularly acute in the Eastern Cape where the majority of the so called 'mud schools' are located. On 04 February 2011, following court action on the issue of mud schools, the Legal Resources Centre, acting on behalf of 7 schools and the Centre for Child Law, concluded a landmark settlement with the National Department of Basic Education in which the Department committed to spend R8.2-billion from 1 April 2011 to 1 March 2014 to eradicate mud schools and improve infrastructure of schools throughout South Africa. The Centre for Child Law commissioned Cornerstone Economic Research, to track school infrastructure spending and delivery. The aim of the research was to assess what progress has been made in addressing the issues that brought about the litigation. This study, amongst other things, makes the concerning finding that the Department has woefully underspent the allocated school infrastructure funding for two years running. The target for the number of schools to be built in 2011/2012 and 2012/2013 was 49. However, only 10 schools had been completed at the end of the first year. About the authors: Carmen Abdoll has experience in public sector finance management, budget analysis, and various tax policy issues, including issues related to value-added tax, excise duties and all sub-national taxes. She has also worked on various projects related to the structure of the intergovernmental fiscal system in South Africa. Carmen has a particular interest in policy and services impacting on the lives of orphan children. Conrad Barberton is a development economist, policy researcher and trainer. He has experience in the design of intergovernmental fiscal processes, public sector finance management, budget presentation design and analysis, the costing of policies, strategic planning, monitoring and evaluation, and the design of governance accountability systems. Table of Contents PREFACE ACKNOWLEDGMENTS EXECUTIVE SUMMARY A LIST OF ABBREVIATIONS AND ACRONYMS 1. Introduction Part one: Status of school infrastructure 2. Responsibility for school infrastructure planning 3. Sources of information on school infrastructure 3.1 Number of public ordinary schools 3.2 Number of classrooms in public ordinary schools 4. Backlogs in school infrastructure 4.1 Planning to address backlogs in school infrastructure 4.2 Backlogs in schools and classrooms 4.3 Inappropriate school structures (so-called mud schools) 4.4 Backlogs in basic services 4.5 Backlogs in maintenance Part two: National and provincial funding of school infrastructure 5. Determinants in the demand for school infrastructure 6. National government allocations to school infrastructure 6.1 Education Infrastructure Grant 6.2 School Infrastructure Backlogs Grant 7. Provincial allocations to school infrastructure 7.1 Total spending by provinces on school infrastructure 7.2 Provinces’ allocations of own funding to school infrastructure Part three: Performance in the delivery of school infrastructure 8. Performance of the School Infrastructure Backlogs Grant 8.1 Planning related to the grant 8.2 Spending and delivery progress of the SIBG 8.3 Likely timeframes for eradicating inappropriate school structures 9. Performance of the Education Infrastructure Grant 9.1 Planning related to the grant 9.2 Spending and delivery progress of the EIG 10. Concluding points

Description: The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za

Description: Socialistic brands are signs with unique characteristics acquired through their use in particular historical circumstances. It is considered whether, decades after the fall of the iron curtain, the shared historical pedigree justifies different treatment of these signs. The author attempts to answer the question of what would constitute as unfair appropriation of these brands and discusses the availability of legal remedies in such cases. The analysis of issues relating to socialistic brands is conducted on the basis of European and Polish law and jurisprudence. Trademark law and other fields of intellectual property law form the core of this consideration. The author additionally employs findings from branches of social sciences such as anthropology, sociology and semiotics, in order to shed light on the complex nature of the attractiveness of signs and how cultural connotations affect it.

Description: About the publication Honoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete. It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence. Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia. I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend. To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God. I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors. To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow. Simon Motshweni Editor-in-Chief 2020

Description: Edited by Heinrich Louw, Lynette Osiemo, Ian Learmonth, Francisca Pretorius, Avani Singh and Jared Luke Schultz Assistant Editors: Bronwynne Botha and Tilsetso Makoko 2010

Description: Exploited, undervalued - and essential: Domestic workers and the realisation of their rights Edited by Darcy du Toit 2013 ISBN: 978-1-920538-20-0 Pages: viii 380 Print version: Available Electronic version: Free PDF available

Description: If God is male then the male is God - PULP FICTIONS No.3 Edited by Karin van Marle 2007 ISSN: 1992-5174 Pages: 17 Print version: Available Electronic version: Free PDF available

Description: Why is it that human rights are considered inviolable norms of justice at local and global scales although the number of their violations has steadily increased in modern history? On the surface, this paradox seems to be reducible to a straightforward discrepancy between idealism and reality in humanitarian affairs, but Imagining Human Rights complicates the picture by offering interdisciplinary perspectives on the imaginary status of human rights. By that the contributors mean not merely subject to imagination, open to interpretation or far too abstract, but also formative of a social imaginary with emphatic identifications and shared values. From a variety of disciplinary perspectives, they explore critical ways of engaging in rigorous interdisciplinary conversations about the origin and language of human rights, personal dignity, redistributive justice, and international solidarity. Together, they show how and why a careful examination of the intersection between disciplinary investigations is essential for imagining human rights at large. Examples range from the legitimacy of land ownership rights and the inadequacy of human faculty to make sense of mass violence in visual representation to the stewardship of human rights promoters and the genealogy of human rights.

Description: About the publication The year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones in the realisation of human rights on the African continent. The year marks the 35th anniversary of the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year since coming into force of the African Charter and 10 years since the inauguration of the African Court on Human and Peoples’ Rights. Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol. This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme. The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol. Table of Contents Preface Introduction Victor Oluwasina Ayeni Burkina Faso Kounkinè Augustin Somé Cameroon Polycarp Ngufor Forkum Côte d’Ivoire Kounkinè Augustin Somé Armand Tanoh Ethiopia Meskerem Geset Techane The Gambia Satang Nabaneh Ghana Michael Gyan Nyarko Kenya Saoyo Tabitha Griffith Paul Ogendi Lesotho Sizakele Hlatshwayo Malawi Sarai Chisala-Tempelhoff Seun Solomon Bakare Mauritius Meskerem Geset Techane Roopanand Mahadew Nigeria Victor Oluwasina Ayeni Sierra Leone Augustine Sorie Marrah South Africa Ofentse Motlhasedi Linette du Toit Swaziland Dumsani Dlamini Sizakele Hlatshwayo Tanzania Grace Kamugisha Kazoba Charles Mmbando Uganda Agaba Daphine Kabagambe Zimbabwe Tarisai Mutangi Conclusion Victor Oluwasina Ayeni Bibliography Questionnaire used for the study

Description: This book analyzes the EU’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the EU, while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the EU, home to a developed and sophisticated market of CMOs, subject to numerous ECJ and Commission decisions, as well as varying EU institutional approaches, all pointing towards a preference for multi-territorial and pan-European licensing models. In this context, this book tests the compatibility of several non-voluntary and voluntary approaches to P2P with international treaties, the acquis or simply strategic policy considerations.

Description: Compendium of South African Environmental Legislation Edited by Morné van der Linde 2006 ISBN: 0-9585097-2-7 Pages: 565 Print version: Available Electronic version: Free PDF available

Description: The drug policies of the Nordic countries have been relatively strict. Since this seems to contradict the internationally recognized liberal criminal policy in general, analyses have been devoted to try to understand this gap. Why doesn’t the “Scandinavian exceptionalism” apply to the drug policies? The new question in relation to drug policy is, however, if and how the Nordic countries will adapt to a situation when several countries all over the world are questioning ‘the war on drugs’ and orienting themselves in the direction of decriminalization and legalization. An analysis of a possible change in drug policies must be undertaken against the background of the existing policies. There are both similarities and differences between the five countries. A common feature is a stress on the demand side through both treatment and punishments directed against the user and abuser. Differences are shown in degrees of toughness in drug policies with Sweden strongest stressing a zero-tolerance stand and Denmark being the most liberal in the Nordic context. The strong welfare state ideology of all the countries is important for understanding the obstacles to a more liberal and permissive drug policy. The welfare state is an interventionist state. To not do anything about what is considered to be a problem both for the individual and the society is just not an option. In most of the countries the traditions from the temperance movements also have influenced the drug policies through the stepping-stone or gateway theory, not making a distinction between soft and hard drugs. At the same time, a number of facts and processes work in the direction of change. The drug policies of the countries have not delivered, including high numbers of drug-related deaths. The debate has opened up in just a short period of time. Many of the political youth parties demand decriminalisation of use of drugs and so have some public authorities. Human rights arguments are increasingly being put forward as a critique of police interventions. A tendency for politicians to meet the critique seems to be to separate the marginal abuser from the recreational user. The first one should be given treatment and care according to welfare state ideology. The second one, however, could be punished since the user in line with neo-liberal theory can choose and by the use contributes to the drug trade and even the killings in poor suburbs. The Nordic countries stand at a crossroads, but what new roads will be taken is far from clear.

Description: Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.

Description: The starting point for this project on the »Basic Questions of Tort Law« was the book written by Helmut Koziol, the »Basic Questions of Tort Law from a Germanic Perspective« (Sramek Verlag, 2012), a volume which presented an introduction into the law of torts from a Germanic perspective. Colleagues from seven countries were then invited to give critical responses to the ideas presented in the 2012 volume. The comparative law conclusions then attempt to pick up on the ideas expressed in the legal systems examined and to make them amenable for debate on the further development of the legal systems and their harmonisation. German Version: http://e-book.fwf.ac.at/o:603

Description: Ausgangspunkt für das Projekt „Grundfragen des Schadenersatzrechts aus rechtsvergleichender Sicht“ war das von Helmut Koziol verfasste Buch „Grundfragen des Schadenersatzrechts“ (Sramek Verlag, 2010), welches eine Einführung in das Schadenersatzrecht des deutschsprachigen Raums darstellt. Vertreter aus sieben Ländern wurden gebeten, kritische Stellungnahmen zu den in diesem Buch erörterten Ideen abzugeben. Die daraus gewonnenen rechtsvergleichenden Schlussfolgerungen greifen die den behandelten Rechtsordnungen zugrunde liegenden Prinzipien auf und sollen diese damit einer Diskussion über die weitere Entwicklung und Harmonisierung der Rechtsordnungen zugänglich machen. Deutsche Version siehe: http://e-book.fwf.ac.at/o:603

Description: This thesis examines the principle of purpose limitation in data protection law from the perspective of regulating data-driven innovation. According to this approach, the principle of purpose limitation not only protects an individual’s autonomy but simultaneously leaves sufficient room for data controllers to innovate when finding the best solution for protection. The first component of the principle of purpose limitation (i.e. to specify the purpose of data processing) is a precautionary protection instrument which obliges the controller to identify specific risks arising from its processing against all fundamental rights of the data subject. In contrast, the second component (i.e. the requirement to limit data processing to the preceding purpose) aims to control the risk caused by data processing that occurred at a later stage and adds to the risks which were previously identified. This approach provides an answer to the question of how the General Data Protection Regulation which does not only effectively protect an individual’s autonomy but also helps controllers to turn their legal compliance into a mechanism that enhances innovation, should be interpreted with regard to all the fundamental rights of the data subject.

Description: So wie das Ende des Brexit-Prozesses weiterhin nicht absehbar bleibt, sind die Folgen des Austritts des UK aus der EU – mit oder ohne Abkommen – kaum abzumessen. Dieser Band versucht eine Zwischenbilanz, von Grundfragen zur Souveränität, um deren Wiedergewinnung es den Brexitern zu gehen scheint, über Modelle differenzierter Integration und den Grundrechtsschutz bis hin zur Demokratie, die in mancherlei Weise auf die Probe gestellt wird. Wie ist der Binnenmarkt betroffen, wie die vom EuGH vielleicht zu weitgehend etablierten sozialen Rechte, wie die Kontrolle der Einwanderung in das UK? – Dem ist Teil II des Sammelbandes gewidmet. Der letzte Teil betrifft mit der Währungs- und Finanzpolitik sowie der Gemeinsamen Außen- und Sicherheitspolitik Bereiche, die nur begrenzt der supranationalen Disziplin unterliegen und wo das UK gleichwohl eine wichtige Rolle spielt und auch künftig spielen könnte. Vieles stellt sich heute anders dar, als man vor dem Referendum von 2016 erwartet hätte.

Description: This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom and Indian schemes. However, its emergence is evident even in jurisdictions, like Australia, which do not have a formal national identity scheme. Much of the analysis can also be extrapolated to proprietary schemes such as those run by banks and other businesses. An individual’s digital identity which is used for transactional purposes has crucial functions which give it legal personality. The author argues that an individual’s digital identity also has the characteristics of property which can, and should, be legally protected. Identity theft is defined using the emergent concept and the study shows that digital identity is property which capable of actually being stolen and criminally damaged. The study examines the emergence of attendant legal rights and duties including a new right to digital identity and its legal protection. Dr Sullivan argues that an individual has the right to an accurate, functional digital identity and shows that this right exists in addition to the right to privacy. Dr Sullivan maintains that, considering the essentially public nature of identity, the right to identity provides better, and more appropriate, protection than is afforded by the right to privacy. She asserts that the importance of the right to identity in this context has been obscured by the focus on privacy in international legal scholarship and jurisprudence. The functions and legal nature of digital identity are analysed using real examples which highlight the implications for individuals, businesses and government. The findings have the potential to fundamentally change the way digital identity is legally and commercially regarded.

Description: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates. The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. It has a full bibliography and includes an annex providing translated extracts of the laws under examination.

Description: Welchman richt zich in Women and Muslim Family Laws in Arab States op de rechten van de vrouw binnen het islamitische familierecht in Arabische landen. Welchman analyseert hoe het familierecht is vastgelegd in wetboeken en de publieke debatten die daaruit voortkomen. In de afgelopen decennia is het islamitische familierecht in een aantal landen voor het eerst vastgelegd of zijn belangrijke wijzigingen doorgevoerd. De auteur bespreekt deze nieuwe wetten in het licht van oudere statuten om de dynamiek van het islamitische familierecht te duiden. Zij beroept zich niet alleen op juridische bronnen, maar schenkt ook ruim aandacht aan de juridische praktijk. Door de reacties van vrouwenrechtenorganisaties, media en juristen te analyseren, wijst ze op controversiële kwesties. Bijzonder aan dit boek is de internationale en vergelijkende benadering. De auteur bestudeert discussies rondom huwelijk, polygamie, scheiding en voogdij vanuit het perspectief van verschillende landen. Nationale debatten worden op deze manier geplaatst in een mondiale context. Het boek beschikt over een volledige bibliografie en bijlagen met vertalingen van de behandelde wetsfragmenten.

Description: Traditional medicines have and will continue to form the basis of modern pharmaceuticals. Many indigenous communities are claiming rights in pharmaceuticals derived from their traditional medicine. In the past, such knowledge derived from non-western communities was largely regarded as free information. This has led some to attack the patent system as an ex-ploitative tool of the developed world. The first part of this analysis deals with the kind of protection provided in national legislation. Methods of protecting traditional medicine in India and China receive special attention. The second major issue covered in this volume is the kind of protection offered to TM of other countries in the west, including international agreements. America is a particular focus, as it is here that many of the battles over patenting traditional medicine are fought. While no uncon-troversial answers can be given in this debate, at least the relative strengths and weaknesses of various positions can be assessed. Dr. Murray Eiland received a doctorate in Oriental Archaeology from Oxford University and an LLM from the Munich Intellectual Property Law Center. He currently works at Charles Henry & Co., London as a (non-practising) Barrister.

Description: This book brings together a set of studies that were presented and discussed at the III Spanish-Portuguese Meeting of Law Historians. They deal with central themes of the History of Law and Institutions in Modern and Contemporary eras, with special emphasis on the peninsular territories and also on the territories that made up, at different times, the Spanish and Portuguese empires. As a whole, they contribute to broaden and deepen the historical knowledge of aspects related to justice and the administration of the territories, the functioning of institutions (courts, universities, courts) and the discussion of legal concepts central to the knowledge of the legal-political doctrine produced at different times of a vast chronological period.

Description: Este libro reúne un conjunto de estudios que fueron presentados y discutidos en el III Encuentro hispano-luso de historiadores del Derecho. Tratan temas centrales de la historia del derecho y de las instituciones en la época moderna y contemporánea, con especial énfasis en los territorios peninsulares y también en los territorios que compusieron, en distintas épocas, los imperios español y portugués. En su conjunto, contribuyen a ampliar y profundizar el conocimiento histórico de aspectos relacionados con la justicia y la administración de los territorios, el funcionamiento de las instituciones (tribunales, universidades, Cortes) y la discusión de conceptos jurídicos centrales para el conocimiento de la doctrina jurídico-política producida en distintos momentos de un vasto período cronológico. = Neste livro reúne-se um conjunto de estudos que foram apresentados e discutidos no III Encontro hispano-luso de historiadores do Direito. Neles são abordados temas centrais da história do direito e das instituições na época moderna e contemporânea, com especial incidência nos territórios peninsulares e também nos territórios que integraram, em momentos diversos, os impérios espanhol e português. No seu conjunto, contribuem para o alargamento e o aprofundamento do conhecimento histórico de aspectos ligados à justiça e à administração dos territórios, ao funcionamento das instituições (tribunais, universidades, Cortes) e à discussão de conceitos jurídicos centrais para o conhecimento da doutrina jurídico-política produzida em momentos diferentes de um vasto período cronológico.

Description: For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not. Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created. Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s. Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.