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Three years ago the Faculty of Law and Administration of the University of Silesia and the Faculty of Law of the University of Leicester embarked on a joint research and academic co-operation programme with the support of the British Council in Warsaw. The programme resulted in the organisation of two academic conferences, one in Leicester and one in Katowice. This book is the tangible result of these conferences. The content of the book reflects the wide-ranging nature of the collaboration between the two Faculties. Environmental law, public international law, intellectual and cultural property law are the main areas that are covered, but certain issues of constitutional law, European law, social law, company law and legal education are also addressed. The main strength of this book is found in its breadth of coverage and the detailed examination of key issues such as the rights of minorities; the transboundary movement of waste in Europe and the environmental problems which it creates; the theft and illegal exportation of cultural property; and the convergence of the droit d'auteur and copyright traditions.
This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
Most academics in university law schools would claim to offer a liberal education. Few have thought very much about what a liberal education in law means. Basing itself on a detailed examination of the theory of liberal education,this book looks at what the liberal university law school should be doing in terms of its teaching, research and administration.
Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Holyoak and Torremans Intellectual Property Law provides a complete introduction and overview of UK intellectual property law. It examines how the law has developed through key statutory provisions and leading cases, and highlights the increasing influence of the EU and other international jurisdictions in shaping the law in its global context.