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作者:Panjwani, Pratyush
摘要:The concept of sovereignty has commonly been traced back to the Peace of Westphalia, which ended the Thirty Years' War within the Holy Roman Empire in the 17th century. The Westphalian idea of sovereignty placed the state at the center of international relations, granting it absolute authority over its territory. However, today's understanding of sovereignty, a product of colonialism, 20th century wars, and contemporary globalization, has metamorphosed its Westphalian predecessor, subjecting s...
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作者:Goldenziel, Jill I.; Blochberger, Sean Michael; Granholm, Tyler
作者单位:National Defense University - USA; University of Pennsylvania; University of Virginia
摘要:Conventional wisdom holds that international law was created by powerful, primarily Western countries to preserve their own interests and is enforced accordingly by international courts. Yet weaker states have repeatedly won landmark victories in international courts against the world's most powerful states. Small states have also succeeded in bringing critical topics like climate change and nuclear weapons onto the dockets of international courts. Recently, states have brought high-profile ca...
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作者:Awan, Hussain
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作者:Cisse, Hassane
作者单位:The World Bank; Harvard University
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作者:Goss, Ian
摘要:A historical and continuing concern of developing countries, Indigenous Peoples, and Local Communities is the misappropriation and misuse of their genetic and cultural resources. In 2000, the World Intellectual Property Organization (WIPO) established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to address these concerns. Almost a quarter of a century later on May 24, 2024 WIPO member states concluded a binding Treaty o...
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作者:Majekolagbe, Faith O.
作者单位:University of Alberta; Harvard University
摘要:A key issue in international intellectual property (`IP) negotiations for protecting Indigenous interests in genetic resources, traditional knowledge, and cultural expression is the integration of the framework of limitations and exceptions (`L&Es). This framework allows certain acts that would otherwise infringe on IP rights and protection, limiting the scope of exclusive rights and legal protection for rightsholders to create a balanced IP system. However, L&Es can undermine Indigenous right...
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作者:Okediji, Ruth L.
作者单位:Harvard University
摘要:This Article examines the World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK treaty or treaty), the first international intellectual property (IP) instrument that formally acknowledges Indigenous Peoples and Local Communities and the genetic resources (GRs) and traditional knowledge (TK) they develop and steward. The treaty requires utility patent applicants to disclose the country of origin or the sour...
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作者:Bradford, Anu; Chilton, Adam; Linos, Katerina
作者单位:Columbia University; University of Chicago; University of Chicago; University of California System; University of California Berkeley; University of California System; University of California Berkeley
摘要:A large body of evidence suggests that open, competitive markets are a key driver of economic development. In recognition of this fact, many of the world's leading economies not only adopted their own antitrust laws to promote competition, but they also urged developing countries around the world to do the same. This resulted in a remarkable proliferation of global antitrust law over the last several decades. Many studies have empirically examined the effect of this development, and, consisten...
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作者:Martin, Craig; Moore, Scott
作者单位:Washburn University; University of Pennsylvania
摘要:The increasingly harsh and unevenly distributed heat-related harms caused by climate change, together with frustration over the collective inability to respond to the crisis, are likely to make unilateral geoengineering efforts increasingly attractive. Stratospheric aerosol injection (SAI) is a form of solar radiation modification that is effective, technically feasible, and within the financial means of many states and even non-state actors. Yet, there are virtually no global governance struc...
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作者:Lyall, Lloyd
作者单位:Harvard University
摘要:Enforcing international labor law is a perennial problem. One popular perspective asserts that tying compliance to trade incentives is the solution: several OECD countries have recently promised to ramp up enforcement of the labor rights commitments in their international trade deals. However, little empirical work is available to explain why trade-based enforcement of international labor rights norms works in some cases but not in others-or even if it works at all. This Note assembles a novel...