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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

This paper aims to set the scene for an emerging conversation on the Rights of Nature as articulated by a philosophy of law called Earth Jurisprudence, which privileges the whole Earth community over the profit-driven structures of the existing legal and economic systems.

The study used a wide range of thought from literature relating to philosophy, humanities, environmental economics, sustainable development, indigenous rights and legal theory to show how Earth Jurisprudence resonates with two recent treaties of Waitangi settlements in Aotearoa New Zealand that recognise the Rights of Nature.

Indigenous philosophies have become highly relevant to sustainable and equitable development. They have provided an increasingly prominent approach in advancing social, economic, environmental and cultural development around the world. In Aotearoa New Zealand, Maori philosophies ground the naming of the Te Urewera National Park and the Whanganui River as legal entities with rights.

Recognition of the Rights of Nature in Aotearoa New Zealand necessitates a radical re-thinking by accounting researchers, practitioners and educators towards a more ecocentric view of the environment, given the transformation of environmental law and our responsibilities towards sustainable development.

This relates to the application of Earth Jurisprudence legal theory as an alternative approach towards thinking about integrated reporting and sustainable development.

Property is considered paramount to one’s existence, as a natural, absolute and inalienable right. Occupancy is required for man to secure what his thoughts have already made his. Property is realized in use but the right of occupancy and the status of res nullius are not established by the absence of use only, but in addition there must be also the absence of will of original owners. Arguing that appropriation precedes production dismisses the assertion that property is the fruit of labour. In contrast to the followers of the “state of nature” point of view, it is argued that common property is not natural and as such it is only transitory. Private property is at the root of man’s universality because it is common to all and individuals recognize each other only as owners. To base the origin of property in a social contract is erroneous because any contract must be based on the mutual recognition of parties involved who are already property owners. It is necessary that everybody have property not only in his or her persons but also to provide for subsistence. This would be regarded by natural law as just. Justice does not require the equality of property. Perpetual inequalities in property rights are not natural but the result of man‐made institutions which would not in themselves be right and would not have the obligatory power in virtue of their rightness. As such they would not be morally binding. Society that systematically consigns whole classes to conditions of poverty undermines the rationality of the ethical order and as such heads towards self‐destruction. Today, people are generally convinced that a person’s happiness depends on the satisfaction of that person’s actual desires. Property in things and enjoyment of one’s possessions, is often perceived as prerequisites for happiness. Individual happiness as an outcome derived from the distribution of property rights should be demoted from its status as the final good in preference to freedom.

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.

The increasing globalization of business has led to increasing demand for executives who can function in cultural milieus different from their own. This demand has been exacerbated by the fact that globalization has not led to cultural homogenization and hence, for good or bad, executives are not able to universally apply the home country's conceptualizations of rights, responsibilities and duties and must operate within the constraints of host country's cultural environments. Hence, business scholars and global executives increasingly need to reflect on the conceptualization of rights, responsibilities and duties; understand the historical context which has led to different conceptualizations across geographies and appreciate and harness these differences for improving business effectiveness. This paper helps in this endeavor by explaining the differences and similarities that exists between the Indian and Western cultures regarding the concepts of roles, responsibilities and duties. This exposition will help multinational organizations improve their internal practices and employee training methods.

This study attempts to trace the differences and similarities in the conceptualization of rights, duties and responsibilities between the Western tradition and the Indic tradition by literature review. The Indic tradition refers to the broad cultural paradigm that shapes the thinking of the people of Indian subcontinent. The prominent sources of the Indic tradition include Hinduism and Buddhism. India was a British colony for two hundred years and is home to one of world's largest English-speaking population. There are more Muslims in the Indian subcontinent than in the Middle East (Grim and Karim, 2011). Hence, the Indic tradition has also been substantially influenced by the Western and Islamic traditions.

The paper argues that Westerners and Indians have different conceptualization of rights, duties and responsibilities and their relative importance. Broadly speaking, Indian ethos focuses on context-specific responsibilities while the Western attitude focuses on universal rights. These differing conceptualizations have been shaped by the cultural history of the two regions and are manifested in the decision-making styles, levels of individual autonomy and views on the ethicality of actions. There is a need to train expatriate Western and Indian managers on these issues to enable smooth functioning.

The cross-cultural literature has tended to lump together all non-Western civilizations under the category of East thereby ignoring significant differences between them. The Far-East countries of China, Korea, Taiwan and Japan have been highly influenced by the Confucian ethics. India-specific social systems like the caste system, division of human life span into stages with specific responsibilities, enduring worship of nature and Western influence through colonization have been absent in these countries or much less marked. The paper aims to bring forward the distinguishing features in Indian thought that contributes to its distinctive attitude toward rights, responsibilities and duties; contrast it with the Western views on rights and duties and identify the relevance of the discussion to the business context.

The cross-cultural training needs to emphasize both conflict resolution and behavioral aspects. For example, the conflict resolution process in Western countries can be more algorithmic with conflicts being rationally determined by consistent application as well-defined rules (as nature of duties is more universal in Western tradition). On the other hand, conflict resolution practices in India need to be contextual and may require appeals to higher ideals (as nature of duties is more contextual and idealistic in Eastern tradition).

The differences in attitudes regarding rights, responsibility and duties between the West and India suggest the need for cross-cultural training of managers and contextual conflict resolution techniques. The need is exacerbated by the increase in the number of multinational corporations (MNCs). Earlier, most MNCs were headquartered in the West and hence cross-cultural training was primarily geared to help Western expatriates fit into the host country culture (Nam et al., 2014). The growth of Asian MNCs has increased the need of cross-cultural training for Asian expatriates (Nam et al., 2014).

The training processes can be customized to supplement cultural strengths and promote behaviors that are culturally inhibited. Employees in India can be trained to emphasize the value of assertiveness in communication, the need to articulate one's personal success and appreciate the rigid nature of rules in Western contexts. Similarly, Westerners can be trained to emphasize the importance of context in business interactions, the need to forge personal relations for business success and the importance of paternalistic behavior in securing employees commitment.

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be considered as a new form of property, in particular as virtual property.

The paper approaches the topic from contractual perspective. It then examines the concept and various property law theories. This is followed by an analysis to the intangibility of domain names and the appropriate category of protection.

Domain names are creatures of contract and contract law will provide some form of protection. According to the bundle of rights theory, domain names are intangible property with limitations. Some names are very valuable but nevertheless attract no protection beyond contractual rights. These names should be clothed with property rights protection. The relevant form of property rights is still contentious issue.

The nature of rights over domain names is a key emerging issue in the area of information technology law, with little to guide lawyers and judges. There is currently no consensus on what the legal status of a domain name is and opinions vary about the nature of these rights. The paper offers an insight to the nature of rights in an attempt to further the protection and recognition of rights over domain names.

The purpose of this paper is to describe and critically review the new tenure arrangements that have been established to recognise Māori relationship with land (Te Urewera) and river (Whanganui River), to ascribe them their own legal personality.

The paper describes the development of the legal arrangements in Aotearoa, New Zealand, for Treaty settlements with Māori, and documents the various forms of rights and divisions of space that are changing the face of property institutions.

The paper finds that the acknowledgement of land and nature as having their own legal status and, therefore, owned by themselves is bold and innovative, but is still not a full recognition of customary tenure. The recognition of rivers as indivisible entities is stated but not clearly implemented.

Māori interests and authority are now more clearly articulated, and Māori may expect to be able to engage in customary practices and restore their traditional relationships with their land more explicitly.

The avoidance of an ownership regime has tempered public concerns about issues such as ownership of flowing water. The formalities are still being completed in the case of the Whanganui River, so the full implications are yet to be felt.

This is an innovative development in tenure arrangements seen by some as providing for the rights of nature, but actually responding to the rights of the Indigenous people. This article may inform others about possible models for more diverse tenure arrangements elsewhere.

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various institutions in the economic performance of many developing countries cannot be ignored. One of the important institutional factors in many developing countries and transitional economies is the nature and definition of property rights. This paper therefore addresses the impact of property rights on overall economic performance of a country and more specifically on agricultural production and on the conservation and management of the environment. It is generally agreed that property rights are a claim to a benefit stream where the state provides protection from others who may interfere with the benefit stream. Well‐defined property rights are considered vital for transitional economies which are undertaking major structural changes. The recent literature on property rights in transitional economies is largely concentrated on the former socialist and communist economies of Eastern Europe, which are embracing the market economy. However, this also has significant implications for many developing countries like Fiji which can also be considered as transitional economies. For Fiji the transition is from a highly protected, inward‐looking economy towards an export‐oriented economy. Getting the property rights “right” seems to be one of the major obstacles to economic reform agendas for many of the South Pacific countries including Fiji.

The purpose of this paper is to explain and come to an understanding of origin and growth relating to the concept of environment and sustainable development in domestic and international laws; also to show the rationality of enlisting the right to the environment as a basic right in the constitution, that would help to protect this value from the detrimental activities of private entities and states, and also to show the rationality of institutional development.

This paper attempts to focus on environment and sustainable development in Bangladesh. The research is based upon theoretical sources and empirical data.

An environment is a set of natural, artificial or man‐made, physical, chemical and biological elements that make the existence, transformation and development of living organisms possible. The appearance of the environmental law arose from the need to conserve the environment in order to avoid its destruction and, as a result, the danger that an adequate quality of life might disappear. By conservation, we understand all those measures that are necessary to preserve the environment and natural resources. In modern times, human development corresponds to the concept of sustainable development and environment. It is a transverse theme derived from joint consideration of the issue of the environment and environmental protection, and of all that concerns production in the development of a country or nation.

The paper is original in calling for making the constitution a weapon, in as much as the environment should be fit for human development so that productive activities may meet present needs without compromising those of future generations. The environment is an independent value and needs as strict protection as other commonly agreed values, such as the right to property, or the right to life and health.

The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.

European Legal Method.

Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.

An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.