Search results

1 – 10 of over 136000
Article
Publication date: 22 June 2010

Navid R. Sato

The paper aims to examine whether the panel and parties of China – Intellectual Property Rights could have applied the general principle of necessity developed under Article XX of…

1052

Abstract

Purpose

The paper aims to examine whether the panel and parties of China – Intellectual Property Rights could have applied the general principle of necessity developed under Article XX of the General Agreement on Tariffs and Trade and Article XIV of the General Agreement on Trade in Services. This paper specifically seeks to examine applicability of the general principle of necessity in the World Trade Organization (WTO) tribunal's analysis of the provisions of the Berne Convention, which is incorporated by Article 9 of the Trade‐related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Design/methodology/approach

The paper performs a series of documentary/archival research and case studies of the jurisprudence and interpretative methods of the WTO adjudicative bodies.

Findings

The general principle of necessity in WTO jurisprudence is applicable when a measure taken by a WTO member is inconsistent with WTO provisions, the measure is highly relevant to the sovereignty of the WTO member, the WTO member seeks to justify the measure by applying one of the exceptions articulated in the WTO Agreements, and the relevant language of necessity exists in the exception provisions. If these requirements are met, the general principle of necessity would be applicable to other provision of WTO Agreements, including Article 17 of the Berne Convention incorporated by Article 9 of the TRIPS Agreement, provided that the parties of the dispute raise the defense in their arguments.

Originality/value

By examining the application of the general principle of necessity and its relevance to sovereignty in one of the most recent disputes in the WTO, this paper analyzes a decision that could have considerable impacts on the jurisprudence of future disputes regarding enforcement of intellectual property rights in the WTO regime.

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 12 March 2018

Janos Korn

Three problematic issues followed by paradigm changes over the recent history of human intellectual endeavour are identified as 1. mysticism/superstition to – conventional science…

Abstract

Purpose

Three problematic issues followed by paradigm changes over the recent history of human intellectual endeavour are identified as 1. mysticism/superstition to – conventional science (of physics), 2. predominant use of qualitative/quantitative properties for analysis and design to – structural or systemic properties, and 3. current speculative/fragmented, multiple approaches to the “systemic view” to – a firmer knowledge-based approach reflecting the empirical and universal nature of this view. This paper aims to consider the problematic issues, to conclude that conventional science is inadequate to cope with the 2nd paradigm change and to introduce a “new science of systems” which can integrate conventional science and alleviate the 3rd problematic issue by suggesting three principles implemented by linguistic modelling as operational model.

Design/methodology/approach

The highly successful methodology of conventional science is followed with systemic content by suggesting three general principles of systems, namely, principle of existence (pervasiveness of structural description), principle of complexity (aggregates for emergence of outcomes) and principle of change (change by purpose or chance), and linguistic modelling of static and dynamic scenarios based on natural language as operational model. This language is processed to “elementary constituents”, of which complex structures can be constructed. These constituents are converted into reasoning schemes consisting of “ordered pairs” and “predicate logic statements” in static and dynamic states.

Findings

Stories of problematic scenarios are converted into the universal scheme of “management/producers” – “products” – “users/consumers” by constructing linguistic networks of products and semantic diagrams of organizations/user/consumers for investigating the emergence of outcomes in analysis and for designing prototypes. Problematic issues of individual objects in a scenario are resolved by methods of conventional science, which is thus integrated with systems science to form the “scientific enterprise”.

Research limitations/implications

Once the new approach is debated, further developments in the mathematics of ordered pairs, predicate logic and uncertainties are needed. The linguistic basis is to be further investigated. Connection with AI and “logical atomism of Bertrand Russell” is to be explored.

Practical implications

Further applications to large-scale scenarios by practitioners using the “universal scheme” and development of software are needed.

Social implications

The approach is rooted in accepted branches of knowledge, is highly teachable and should lead to be used by professionals and others once debated and accepted.

Details

Kybernetes, vol. 47 no. 8
Type: Research Article
ISSN: 0368-492X

Keywords

Article
Publication date: 1 March 1990

Roger J. Sandilands

Allyn Young′s lectures, as recorded by the young Nicholas Kaldor,survey the historical roots of the subject from Aristotle through to themodern neo‐classical writers. The focus…

Abstract

Allyn Young′s lectures, as recorded by the young Nicholas Kaldor, survey the historical roots of the subject from Aristotle through to the modern neo‐classical writers. The focus throughout is on the conditions making for economic progress, with stress on the institutional developments that extend and are extended by the size of the market. Organisational changes that promote the division of labour and specialisation within and between firms and industries, and which promote competition and mobility, are seen as the vital factors in growth. In the absence of new markets, inventions as such play only a minor role. The economic system is an inter‐related whole, or a living “organon”. It is from this perspective that micro‐economic relations are analysed, and this helps expose certain fallacies of composition associated with the marginal productivity theory of production and distribution. Factors are paid not because they are productive but because they are scarce. Likewise he shows why Marshallian supply and demand schedules, based on the “one thing at a time” approach, cannot adequately describe the dynamic growth properties of the system. Supply and demand cannot be simply integrated to arrive at a picture of the whole economy. These notes are complemented by eleven articles in the Encyclopaedia Britannica which were published shortly after Young′s sudden death in 1929.

Details

Journal of Economic Studies, vol. 17 no. 3/4
Type: Research Article
ISSN: 0144-3585

Keywords

Abstract

Details

The Development of Open Government Data
Type: Book
ISBN: 978-1-80262-315-4

Article
Publication date: 22 June 2010

Muhammad Abu Sadah

The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found…

1104

Abstract

Purpose

The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found of the Middle East, how international principles of contract are perceived in the region, and whether there are any dominant contract principles.

Design/methodology/approach

A general exploratory research procedure used to give a better grasp of various aspects of socio‐legal approaches. The paper seeks to create knowledge that can be used to retrieve some pressing social and organisational understanding in the said region. The first part of the paper examines the role of ethics and tradition in understanding Middle Eastern contract principles. The second part examines the impact of Islamic Law on commercial contract principles. The third section analyses the regional perception of international contract principles. Finally, the paper addresses some contemporary issues of international contracts in the Middle East.

Findings

The paper showed that the legal perceptions of international contract principles reflect regional legal thinking which has been influenced by a mixed understanding of regional traditions, Islamic contract law principles as well as Western contract principles when these principles match regional legal culture. Overall, it showed that still under such mixed understanding, there are strong regional legal traditions and these are found in Islamic contract principles and affects commercial contract experiences. In general, a significant difference still exists between modern international contract principles and those in the Middle East.

Practical implications

The paper generates a knowledge that mixed understanding in regard to international contract arbitration principles due historical and cultural reasoning. Arab States does not share common understanding of international contract principles. Thus, it is very superfluous to propose the argument that there is sole Middle Eastern regional perception which dominates every Arab State. Therefore, special understandings and considerations should be given to every international arbitration contract from certain Arab State entity to another.

Originality/value

The paper provides a clear understanding of the guidelines for international commercial arbitration contract in the Middle East. Legal culture should be taken into consideration if a successful contract implementation has to be achieved.

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 December 2006

Xuemou Wu

The purpose of this paper is to present an academic programme of pansystems research with a lot of new concepts, principles, methods. Universal consideration of…

1233

Abstract

Purpose

The purpose of this paper is to present an academic programme of pansystems research with a lot of new concepts, principles, methods. Universal consideration of philosophy‐mathematics‐technology is set forth with mega‐combination. The emphasis on the transfield internet‐like investigations is developed. Many theory‐methods of pansystems get further concise optimization.

Design/methodology/approach

The concrete contents of the paper include: historical megawave, philosophical stratagems, meta‐mathematics, meta‐methodology, technological realistic principles, unification and differentiation of encyclopedic branches, systems science, information theory, cybernetics, biosystems, generalized vitality, computer and IT, thinking science, logic, OR, AI, PR, DM, modernization of yinyang analysis combining dialectics, sociology, economics, meta‐relativity, generalized quantification and scale theory, general process of birth‐growth‐ageing‐disease‐death, the inheritance and development of 300 scholars' researches, etc.

Findings

All of the topics concerned with are reduced to the actualizations of PVOR – pansystems variational OR: Vd(xy)=*0*/PRR′P′/0**, which is an integrated synthesis of 20‐PanStemCells of PanConcepts and PanMethod, and embodies a specific pansystems summarization for the core of the true and the good. Furthermore, the formula “Pansystems Researches=*(PVOR/0**/Pan54787721/Everything)+*0*=*Pan–netlike connections of thoughts and methods” is expanded with concrete applications.

Originality/value

Provides information on pansystems research.

Details

Kybernetes, vol. 35 no. 10
Type: Research Article
ISSN: 0368-492X

Keywords

Article
Publication date: 14 April 2023

Gjoko Stamenkov

The purpose of this general review is to address the evolution and development of the Fair Information Practice Principles (FIPPs).

Abstract

Purpose

The purpose of this general review is to address the evolution and development of the Fair Information Practice Principles (FIPPs).

Design/methodology/approach

This study presents FIPPs from several establishments, compare them and map them to the General Data Protection Regulation (GDPR). Additionally, this study presents and discuss similarities and differences among FIPP sets.

Findings

Although the subject matter of the FIPP sets is very similar, there are differences: their scope differs significantly. The comparison among FIPP sets is presented, and it provides relevant information related to the connectedness between privacy principles.

Originality/value

This study considers the GDPR to be the pinnacle of the efforts to improve personal data protection; it became a role model for other countries to implement similar regulations.

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 10 July 2024

Monirul Azam

This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive…

Abstract

Purpose

This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration.

Design/methodology/approach

This paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information.

Findings

Despite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights.

Research limitations/implications

It was not possible to perform a comparative review of court cases on relevant issues from different EU member states.

Practical implications

Access to environmental information could be a tool for environmental democracy and sustainable development.

Social implications

Access to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives.

Originality/value

This study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

1 – 10 of over 136000