scholarly journals Explaining the Meaning of ‘Grey Zones’ in Public International Law Based on the Example of the Conflict in Ukraine

2019 ◽  
pp. 75-93
Author(s):  
Marlena Jankowska
Keyword(s):  
International Law ◽  
Case Law ◽  
Interesting Case ◽  
Copyright Law ◽  
Fashion Industry ◽  
Short History ◽  
Public International Law ◽  
Fashion Products ◽  
History Of

In the Internet society, we are accustomed to the originators of creative works asserting strong protection of their output. Similarly, we witness extremely casual appropriation of works that is easier than ever to discover. Fashion products are an interesting case in this regard – through the relatively short history of the industry, protection of works has tended to be quite loose. Until recently, the consequences of copying in the fashion sector were not particularly serious, but the emergence of the connected society and the increased speed and scale of this copying threaten to cause more noticeable damage. The awareness that new threats call for a more serious approach to protection of creations requires examination of how and whether the familiar principles of copyright law can be applied to fashion designs and products, and to what extent. This paper outlines the background to such protections in the fashion industry, including examples of both strong and relaxed approaches by industry players. There is a brief presentation of case law that demonstrates how copyright principles can be applied to fashion, while also noting the role of society in applying the norms that determine the extent to which laws, once written, can actually be applied.

scholarly journals Copyright – an Ally for Fashion in the Intellectual Property Rights System?

2019 ◽  
pp. 64-74
Author(s):  
Marlena Jankowska
Keyword(s):  
Intellectual Property Rights ◽  
Case Law ◽  
Interesting Case ◽  
Copyright Law ◽  
The Internet ◽  
Fashion Industry ◽  
Short History ◽  
Fashion Products ◽  
History Of

In the Internet society, we are accustomed to the originators of creative works asserting strong protection of their output. Similarly, we witness extremely casual appropriation of works that is easier than ever to discover. Fashion products are an interesting case in this regard – through the relatively short history of the industry, protection of works has tended to be quite loose. Until recently, the consequences of copying in the fashion sector were not particularly serious, but the emergence of the connected society and the increased speed and scale of this copying threaten to cause more noticeable damage. The awareness that new threats call for a more serious approach to protection of creations requires examination of how and whether the familiar principles of copyright law can be applied to fashion designs and products, and to what extent. This paper outlines the background to such protections in the fashion industry, including examples of both strong and relaxed approaches by industry players. There is a brief presentation of case law that demonstrates how copyright principles can be applied to fashion, while also noting the role of society in applying the norms that determine the extent to which laws, once written, can actually be applied.

The International Court of Justice and Cultural HeritageInternational Cultural Heritage Law Through the Lens of World Court Jurisprudence?

2020 ◽  
pp. 223-242
Author(s):  
Gabriele Gagliani
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Case Law ◽  
International Justice ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

The International Court of Justice, and its predecessor court, the Permanent Court of International Justice, have dealt with cultural heritage issues in a number of cases extending back over a century. Scholars’ attention to this case law appears fragmentary. This chapter intends to fill this gap and analyze the ICJ jurisprudence involving cultural heritage. Through the analysis of ICJ case law on cultural heritage and cultural heritage-related arguments resorted to by States in ICJ disputes, this chapter wishes to prove the relevance of cultural heritage issues for public international law and the key, often-underestimated role of the ICJ for international law on cultural heritage.

Article 60 ICJ Statute, Interpretation Proceedings, and the Competing Concepts of Res Judicata

2015 ◽  
Vol 28 (1) ◽  
pp. 73-89 ◽  
Author(s):  
ANDREAS KULICK
Keyword(s):  
International Law ◽  
Case Law ◽  
International Court Of Justice ◽  
Public International Law ◽  
Res Judicata ◽  
International Court ◽  
The Icj ◽  
Preah Vihear ◽  
The Temple

AbstractThe judgment of the International Court of Justice (ICJ) of 11 November 2013, interpreting its 1962 judgment in the case concerning the Temple of Preah Vihear, inspires a reconsideration of the role of interpretation proceedings pursuant to Article 60 of the Statute of the Court. In particular, it invites us to take a closer look at the role and scope of the principle of res judicata in public international law in general and as considered in the case law of the Court in particular. This contribution reveals the competing concepts of the principle in interpretation and consecutive original contentious proceedings, and promotes instead a uniform concept that avoids the conflict inherent in current approaches.Section 1 introduces Article 60 of the ICJ Statute (section 1.1.) and thereinafter views interpretation proceedings before the Court in light of the Court's case law, in particular its 2013 interpretation judgment in the Temple case (section 1.2.). Section 2 constitutes the heart of the analysis and discusses what will be identified as the competing concepts of res judicata. Section 2.1. presents the functions, concepts, and case law of res judicata in public international law in general, whereas section 2.2. focuses specifically on the case law of the ICJ and the Permanent Court of International Justice (PCIJ) in this regard. Finally, section 2.3. concludes this study by setting out the approach that the author regards as appropriate to reconcile the competing concepts of res judicata.

scholarly journals Human dignity: an illusory limit for the evolutive interpretation of the ECHR?

Amicus Curiae ◽  
2019 ◽  
pp. 20-28
Author(s):  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
Case Law ◽  
Senior Lecturer ◽  
Public International Law ◽  
European Court ◽  
The Subject ◽  
The Relationship

In this article Pavel Bureš (Senior Lecturer in Public International Law in the Faculty of Law at Palacky University, Czech Republic) aims to portray some basic elements of the relationship between the concepy of human dignity and the evolutive interpretation, setting out key elements, notions and considerations for further thoughts. The article presents some basic issues related to the subject matter, then focuses on the evolutive interpretation, and finally outlines the role of human dignity in the case law related to the evolutive interpretation. Index keywords: Human rights, human dignity, European Court of Human Rights

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

The European Convention on Human Rights and International Law

2007 ◽  
Vol 56 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Comparative Law ◽  
Case Law ◽  
European Convention ◽  
Mutual Relationship ◽  
Public International Law ◽  
European Court ◽  
Special Character ◽  
British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

Prosody in Automatic Speech Processing

2020 ◽  
pp. 632-645
Author(s):  
Anton Batliner ◽  
Bernd Möbius
Keyword(s):  
Speech Processing ◽  
High Performance ◽  
Early Years ◽  
Short History ◽  
Word Level ◽  
Dialogue Acts ◽  
Semantics And Pragmatics ◽  
Different Types ◽  
History Of

Automatic speech processing (ASP) is understood as covering word recognition, the processing of higher linguistic components (syntax, semantics, and pragmatics), and the processing of computational paralinguistics (CP), which deals with speaker states and traits. This chapter attempts to track the role of prosody in ASP from the word level up to CP. A short history of the field from 1980 to 2020 distinguishes the early years (until 2000)—when the prosodic contribution to the modelling of linguistic phenomena, such as accents, boundaries, syntax, semantics, and dialogue acts, was the focus—from the later years, when the focus shifted to paralinguistics; prosody ceased to be visible. Different types of predictor variables are addressed, among them high-performance power features as well as leverage features, which can also be employed in teaching and therapy.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

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