Open Access Books - Social Sciences and Humanities - 2017
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PublicationDebating Humanity: Towards a Philosophical Sociology( 2017)An original approach to the question 'what is a human being?', examining key ideas of leading contemporary sociologists and philosophers
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PublicationTrademark and Unfair Competition Conflicts: Historical-Comparative, Doctrinal, and Economic Perspectives( 2017)Both in Europe and the United States, a socioeconomic cataclysm of industrialization and market liberalization-including the invention of branding, mass advertising, and marketing psychology-was the driving force behind the construction of modern trademark and unfair competition laws. During the last two centuries, legal doctrine accordingly underwent partly groundbreaking transformations. Many of these account for today's transatlantic dichotomy, particularly in the field of trademark and unfair competition choice of law, or conflicts law. My analysis will focus on the most relevant characteristics of legal doctrine between the eighteenth and twenty-first centuries. I argue that a closer look at conceptual and structural differences, as well as commonalities between European and US law, provides the basis for a reconceptualization of the field
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PublicationForest Preservation in a Changing Climate: REDD+ and Indigenous and Community Rights in Indonesia and Tanzania( 2017)This book provides a comprehensive socio-legal examination of how global efforts to fight climate change by reducing carbon emissions in the forestry sector (known as REDD+) have affected the rights of indigenous peoples and local communities in developing countries. Grounded in extensive qualitative empirical research conducted globally, the book shows that the transnational legal process for REDD+ has created both challenges and unexpected opportunities for the recognition and protection of indigenous and community rights. It shows that pursuit of REDD+ has resulted in important variations in how human rights standards are understood and applied across multiple sites of law, with mixed results for indigenous peoples and local communities. With its provocative findings, interdisciplinary research design, and analytical framework, this book will make a valuable contribution to the study of the influence of transnational legal processes in a globalizing world.
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PublicationGeographical Indications at the Crossroads of Trade, Development, and Culture: Focus on Asia-Pacific( 2017)Historically, few topics have proven to be so controversial in the international intellectual property arena as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve the disagreements on the issue, and countries world-wide continue to quarrel as to the nature and scope of protection of GIs internationally and nationally. In this context, several countries in Asia-Pacific have actively promoted GIs as a mechanism to foster local development and safeguard local culture, while others have been more skeptical as to the promises of GI protection. Yet thus far, there is little literature addressing GI protection from the point of view of the Asia-Pacific region. This book, edited by renowned intellectual property scholars, fills this void and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region.
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PublicationEvidence and Innovation in Housing Law and Policy( 2017)No area of law and policy is more central to our well-being than housing, yet research on the topic is too often produced in disciplinary or methodological silos that fail to connect to policy on the ground. This pathbreaking book, which features leading scholars from a range of academic fields, cuts across disciplines to forge new connections in the discourse. In accessible prose filled with cutting-edge ideas, these scholars address topics ranging from the recent financial crisis to discrimination and gentrification and show how housing law and policy impacts household wealth, financial markets, urban landscapes, and local communities. Together, they harness evidence and theory to capture the 'state of play' in housing, generating insights that will be relevant to academics and policymakers alike