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This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.
The chapters in this volume are about moral dilemmas in two senses. First the authors focus on dilemmas, both real and hypothetical, which require moral judgements. The 'Heinz-Dilemma' part of Kohlberg's scoring systems is used as a point for level of moral development. There is also a Second sense, as those who study moral reasoning being in a dilemma as they attempt to integrate information from the domains of philosophy and psychology.
The study of morality is an empirical as well as conceptual task, one that involves data collection, statistical analysis, and the formulation and testing of hypotheses. This volume is about moral judgment, especially its exercise in selected social settings. The contributors are psychologists, sociologists, and philosophers of morality, most of whom have collaborated on long-ranged research projects in Europe involving socialization. These essays make it clear that moral judgment is a complex phenomena. The book fuses developmental psychology, sociology, and social psychology. It relates this directly to the work of Jean Piaget and Lawrence Kohlberg, who wrote the introduction to the book. Whether moral reasoning has a content-specific domain, or whether its structures transcend specific issues of justice, obedience, and rights, these and similar questions suggest that moral philosophers and ethical theorists have much to say about the human condition. The contributors represent diverse disciplines; but they have as their common concern the topic of the interaction of individual or group-specific moral development and social milieu. Although deeply involved in empirical research, they maintain that research on moral development can be pursued properly only in conjunction with a well-formulated theory of the relationship between society, cognition, and behavior. Moral development is an institutional as well as individual concern for schools, universities, and the military. It is rooted in the ability to formulate genuine and coherent moral judgments that reflect social conditions at two levels: individual socialization and historical development of the social system. This classic volume, now available in paperback, not only exemplifies that framework, but also makes an important contribution to it.
Many countries are currently debating the merits and implications of a federal-type dispensation. Some fear that it may encourage regional apartheid and discrimination, while others see it as a cohesive force. Federalism, however, has many faces and applications, and it offers a host of ways to accommodate the constitutional needs of a particular country. Evaluating Federal Systemsillustrates and compares a variety of experiences that countries across the world have had in the practical application of federal principles, and moots a long-felt need by analyzing recent international developments in federalism and regionalism. Contributions from world-renowned scholars in the theory and application of federal principles mean that the book will be of great value to all involved in the study and management of federal-type systems.