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Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
A comprehensive study of transfer of technology for deep sea-bed mining under the 1982 Law of the Sea Convention and the controversies that have arisen about it. The book also discusses transfer of technology in international law in general and examines developments since the adoption of the 1982 Convention. These include national mining legislations of industrialized countries, extensive work by the Preparatory Commission for the establishment of the International Sea-Bed Authority and the International Tribunal for the Law of the Sea, and the new compromise Agreement relating to the deep sea-bed mining régime adopted by the General Assembly on 28 July, 1994. The book appears at the time when the Convention enters into force (16 November 1994). It will be of interest to academic lawyers and economists with an interest in the deep sea-bed mining issue, as well as to all those in the sea-bed mining industry, in public service (governmental and inter-governmental) and in UN organizations, who are likely to get involved in deep sea-bed mining and/or transfer of technology issues.
Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation including the limits of national and regional jurisdiction over MNE activities, controls and liberalization of entry and establishment; tax and company, and competition law. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues, and Part IV deals with the contribution of international law and organizations to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements and their recent interpretation by international tribunals.

Law of the Sea Negotiations

United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Arms Control, Oceans, International Operations, and Environment

Published: 1981

Total Pages: 314


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This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.
Controlling International Technology Transfer: Issues, Perspectives, and Policy Implications discusses topics that concern technology transfer control. The book assesses related issues and perspectives, as well as examines alternative policy imperatives from different perspectives. The text is comprised of 15 chapters, which are organized into three parts. The first part contains Chapters 1 to 8 that tackle the underlying issues of technology transfer control, such as alternative channel and modes, the impact of new control systems, pricing, taxation, and business practices. The second part contains Chapters 9 to 14, which cover topics concerning policy perspectives and implication, such as control incentives, technology importing/exporting, and control systems. The last part contains Chapter 15, which provides a closing discussion regarding actors, issues, and alternatives. This book will be of great interest to readers who are concerned with the technology transfer systems.