Search results

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.

The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.

The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.

The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.

This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

A mixed research technique of descriptive and analytic approach is applied in the research. This study used a purposive sampling technique to select case study counties and a systematic method for sampling households. Questionnaire surveys, focus group discussions, interviews and observations were used to collect empirical data. Average, percentage and paired-sample t-test analyses are used for quantitative data analysis.

Significant discrepancies exist between the expropriation laws and how property valuation and compensation are practiced in Ethiopia. The findings include the arbitrariness in designating public interest status to projects; unfair property valuation practice that neglects location factor to determine market value due to a skewed understanding of public ownership of land; and the assignment of property valuators who have no valuation expertise and proper knowledge of expropriation related laws. Findings revealed the socio-economic status of expropriated households has deteriorated due to the expropriation of their landholding.

It was difficult to locate the relocated persons as they were resettled in different localities. Furthermore, the town officers were not forthcoming to provide complete information on the expropriation and compensation procedures they followed. However, this study overcame the limitations through persistent requests and availing time for the data gathering.

The findings indicated the need to redefine relationships between public ownership of land, public interest and expropriation of landholding. A proper understanding of the triad will pave the way for better expropriation practice in Ethiopia and in countries where land is under public ownership.

The social implication of the study revealed that the socio-economic situation of relocated persons was adversely affected due to the poor implementation of laws.

The disparity between public ownership of land and the rights of citizens on landholding is misunderstood by policymakers. Research has shown for the first time the root cause for the discontent of expropriated persons in Ethiopia.

The objectives of the case study are to provide an overview of intellectual property rights and intellectual property rights in Indian context; understand the intellectual property rights implementation and challenges for implementing it in emerging economies; understand what would be the best approach that companies can adopt when the companies face backlash in such circumstances; and explore the scope for redefining the intellectual property rights in the changing global environment.

In December 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) in India revoked the plant variety protection (PVP) certificate granted to PepsiCo India Holding (PHI) for its Lays variety potato (FL-2027, known as FC-5). The FC-5 variety possessed low moisture content which made it suitable for making potato chips. The controversy started with Pepsi suing the small and marginal farmers of Gujarat for alleged patent infringement and cultivating the patented variety. Pepsi’s legal suit against nine marginal potato farmers in Gujarat initiated the dispute over how intellectual property (IP) rights are used to intimidate small, marginal farmers and its infringement of farmers’ rights. But, on the other side, the interesting aspect was how IP infringement could be a setback for the companies that made the capital investment to develop the variety. The case study discusses the backlash Pepsi faced due to this IP rights legal suit and the punitive aspects of IP rights (IPR) law. Moreover, in the context of the global pandemic, the case study helped discuss the need to redefine the intellectual property rights regime keeping in mind global welfare.

The case is intended for use in postgraduate-level management courses in agricultural marketing, agribusiness, international business and economics. This study can help management students understand how IPR is defined, the apparent complexities associated with it and the adverse effect of it on small and marginal farmers in emerging economies.

Teaching notes are available for educators only.

CSS 5: International business.

This study employs Stein Rokkan's methodological approach to analyse state formation in the Greater Middle East. It develops a conceptual framework distinguishing colonial, populist and democratic pacts, suitable for analysis of state formation and nation-building through to the present period. The framework relies on historical institutionalism. The methodology, however, is Rokkan's. The initial conceptual analysis also specifies differences between European and the Middle Eastern state formation processes. It is followed by a brief and selective discussion of historical preconditions. Next, the method of plotting singular cases into conceptual-typological maps is applied to 20 cases in the Greater Middle East (including Afghanistan, Iran and Turkey). For reasons of space, the empirical analysis is limited to the colonial period (1870s to the end of World War 1). Three typologies are combined into one conceptual-typological map of this period. The vertical left-hand axis provides a composite typology that clarifies cultural-territorial preconditions. The horizontal axis specifies transformations of the region's agrarian class structures since the mid-19th century reforms. The right-hand vertical axis provides a four-layered typology of processes of external intervention. A final section presents selected comparative case reconstructions. To the authors' knowledge, this is the first time such a Rokkan-style conceptual-typological map has been constructed for a non-European region.

Aritificial intelligence (AI)-focused enterprises purpose to provide value-creating and differentiated products and services using innovative technologies. For this reason, it is aimed to examine the effects of value creation, intellectual property and organizational creativity variables to make evaluations to increase the success of such enterprises.

Random sampling method was used in the research. The population of the research consists of AI-oriented enterprises in technoparks. On the specified days, short-term visits and surveys were conducted face-to-face. Name and similar personal information was not taken in the research and participation was made on a voluntary basis. A sample size of 500 units is a sufficient size at the 0.05 significance level. SmartPLS (4.0.8.4) licensed software was used in the research.

As a result of the collected data, it has been supported by hypotheses that value creation, intellectual property and organizational creativity have positive effects so that artificial intelligence-oriented enterprises can be successful in performance criteria.

Since the research was conducted by collecting data from artificial intelligence-oriented enterprises in technoparks in Istanbul, it would not be correct to evaluate the analysis results by making generalizations. For this reason, it is recommended that similar studies planned to be conducted in the future should contribute to the literature by developing the research model, taking into account the limited situation in the sample.

According to the results of the analysis of the effects of value creation, intellectual property and organizational creativity in artificial intelligence-oriented enterprises, in order to increase the success of such enterprises, they should offer more value to their customers, protect their technologies and increase their innovation capacity.

Value creation, intellectual property, and organizational creativity in AI-focused enterprises are important topics in a rapidly growing industry such as AI-focused enterprises. Therefore, a research investigating these variables together offers a different perspective than previous studies.

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

Narratives about racism and equity in schools have been documented in varying degrees of detail and accuracy in the news media (Farhi, 2012). Thus, race is front and center in the news reports, demonstrating how education policies are detrimental to the Island while also contending that policy drivers of Ley de Reforma Educativa de Puerto Rico (LREPR) are ignoring the racialized consequences of these neoliberal policies.

To examine the implementation of LREPR in education discourse in the media, a content analysis on texts in the Puerto Rican media was conducted. To conduct the analysis, an original dataset of texts from the four major newspapers in Puerto Rico: El Nuevo Dia, El Vocero, Primera Hora and The San Juan Daily Star (n = 119) was created.

The study shows how the collective resistance of Puerto Ricans towards LREPR suggests racialized consequences for this “post”-colonial Island as they engage in dialogues about property rights and dispute policy discourse. Data suggests the alarming effects of neoliberalism as perceived by Puerto Rican citizens, while highlighting shared concerns aligned with elements of critical race theory such as colorblindness and property rights.

This study breaks ground by identifying a new intellectual pursuit of charter schools purchasing land or buildings in marginalized communities. It argues that the news coverage demonstrates how Puerto Rican citizens have illuminated the purchase of land for charter schools, viewing it as an act of colonialism veiled as market competition and economic improvement for the Island. Implications for policy and practice are discussed.

The findings from this research contribute to how critical race theory is used and conceptualized in the educational leadership field. Additionally, the study contributes to the field of research by conducting a content analysis of newspaper articles in Puerto Rico, looking through the CRT lens to illuminate systemic racism that is present in media accounts of education.

Due to the influence of complex and intersecting factors, self-governed public open spaces (POSs) (managed by local communities) are subject to collective action dilemmas such as tragedy of the commons (overexploitation), free-riding, underinvestment and mismanagement. This review paper adopts a multi-dimensional and multi-tier social-ecological system (SES) framework proposed by McGinnis and Ostrom, drawing on collective action theory to explore the key institutional-social-ecological factors that impact POS self-governance.

In this paper, Preferred Reporting Items for Systematic Reviews and Meta-Analysis (PRISMA) was utilized to systematically screen and review the relevant literature for the period from 2000 to 2023 in three databases: Web of Science, Scopus and Google Scholar. A total of 57 papers were chosen for in-depth analysis.

The literature review identified and categorized several variables associated with the self-organizing system of POS; consequently, an SES-based POS management framework was developed for the first time, consisting of 114 institutional-social-ecological sub-variables from different dimensions and three levels. Compared to ecological factors, among others, governance organizations, property-rights systems, socioeconomic attributes and actors' knowledge of SES have been commonly and primarily studied.

There is still room for the refinement of the conceptual SES-based POS collective action framework over the time (by adding in new factors), and indefinitely empirical research validating those identified factors is also worth to be undertaken, particularly testing how SES factors and interaction variables affect the POS quality (collective action).

The findings of this study can provide local policy insights and POS management strategies based on the identification of specific SES factors for relevant managers. Moreover, this research makes significant theoretical contributions to the integration of the SES framework and collective action theory with POS governance studies.