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1 |
ID:
101073
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Publication |
2010.
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Summary/Abstract |
Ambush marketing has emerged in recent years as an effective, though controversial, weapon in the arsenal of marketing departments. Various corporations have indulged in ambush marketing to exploit international events such as the Olympics, Football World Cup, or the Commonwealth Games. This paper seeks to examine ambush marketing as an intellectual property infringement and suitability of the current IP legislations to tackle it. Primary data such as case laws and secondary data such as articles and parallel provisions with regard to IPR have been referred, which show that due to the absence of principle legislations and case precedents, corporations indulging in ambush marketing are able to get away scot-free. To overcome this problem, various countries such as South Africa, New Zealand, Australia, China, England, Brazil and Canada have brought out amendments or legislations defining 'ambush marketing' as a specific type of IPR infringement and fixing liability for the same. It is time that India considers introducing such a legislation not just because its peers have taken such a step but because in the light of large scale events being organized in the country, there is a need to protect legitimate sponsors.
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2 |
ID:
109711
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Publication |
2011.
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Summary/Abstract |
This article presents the main regulatory changes that occurred in the Brazilian power sector in 2009, along with the impacts these changes caused on the market, especially related to small hydropower (<30 MW). This study addresses regulatory issues based on inventory studies and records of basic projects, changes related to the compensation of the assured energy of SHPs in the Brazilian energy reallocation market, the socio-economic impact resulting from the construction of SHPs, SHPs in alternative resource auctions and finally the general outlook for the growth scenario for SHPs in Brazil according to the ten-year plan (2010-2019). The overall conclusions of this investigation were that the 2008/2009 biennium was a period of great changes in the regulation of small hydropower plants in Brazil, and the SHP market has shown maturity. Additionally, despite SHP being a type of technology that is completely dominated by domestic industry, in recent years, they have experienced policy disincentives caused by changes to rules that inhibit their growth.
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3 |
ID:
114762
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Publication |
2012.
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Summary/Abstract |
In this article, the authors will consider a very narrow yet spectacularly important aspect of the rule of law: its place in a constitution-the constitution of the United Kingdom-in which supremacy rests not with the constitution as a document to be interpreted by a constitutional court, but with the legislature itself. While traditionally the supremacy of the Crown in Parliament has meant that British courts have had no right to set aside even the most oppressive legislation, recent extra-judicial writings and obiter dicta in case law have been indicative of a shift in the judicial mood. In light of these developments, the paper will ask: Where does the relationship between the supremacy of the Crown in Parliament and the rule of law stand now? Where might that trajectory take us? And what might be done to reconcile the two?
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4 |
ID:
101981
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Publication |
2010.
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Summary/Abstract |
Immigration is one of the most important issues in the European Union (EU). In order to address the subject, the EU adopted a Directive on a long-term residence status for third-country nationals (TCNs). While implementing this Directive, many Member States changed their migration laws, thus increasingly linking the acquirement of this status with integration requirements. The integration requirements emphasise language acquisition and knowledge of the country, including its history, culture, and constitution. Why is this trend taking place at this particular point in time? While many factors could be mentioned, these integration tests are also the consequence of the constant repetition in the belief of the purity of the nation in certain political discourses, particularly by the populist radical right. This line of thinking creates a worrying problem for the future as European national identities are seen as immutable, thus complicating the acceptance of the new Europeans with an immigrant background. Hence a question arises: To what extent can we see a correlation in some EU countries between the recent introduction of harsher integration requirements for obtaining permanent residence and a certain discourse on national identity, primarily put forward by radical right parties?
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5 |
ID:
146636
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Summary/Abstract |
The foundation of current legal protection for animals in China is based on the principle of “rational utilization.” This utilitarian attitude supports the exploitation of animals through the legal means of resource management. However, through a process of public education and the construction of recent legislation, attitudes toward animals are rapidly changing in China. After the introduction of the concept of animal welfare in China in 1989, preliminary socioeconomic events such as early laboratory animal science, animal cruelty reports, pet ownership, engagement in international trade, and the severe acute respiratory syndrom (SARS) epidemic helped spur a trend away from a purely utilitarian attitude toward more positive associations with animals among members of the Chinese public. This phenomenon will be analyzed through the actions of non-governmental organizations, the media, academia, and international business to influence education and the development of legislation to promote animal protection practices. In addition, recent events will be used to illustrate political realities in China that impede the full promotion of animal welfare protection.
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6 |
ID:
109040
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Publication |
2011.
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Summary/Abstract |
In this issue of Chinese Law and Government and the next (September-October, vol. 44, no. 5) we reflect the changes that have taken place in China's legislative system in the past three decades. It is important to publish these two issues at this moment, as the Chinese government announced in 1997 that by the year 2010, China should have formed a comprehensive socialist legal system with Chinese characteristics.1 To be as truthful as possible in sketching this picture we have decided to include original documents, not analytical articles that explain the developments of China's legislative reforms.
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7 |
ID:
109387
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Publication |
2011.
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Summary/Abstract |
In this issue of Chinese Law and Government and the previous (July-August 2011, vol. 44, no. 4) we include important laws on legislation on the national level, as with the previous issue, and the local levels, as with this issue. We have also included important background information related to the explanation of these laws. It is important to publish these two issues at this moment, as the Chinese government announced in 1997 that by the year 2010, China should have formed a comprehensive socialist legal system with Chinese characteristics. To be as truthful as possible in sketching this picture, we have decided to include original documents, that is, laws and the explanation of the making of these laws by the legislators, not analytical articles.
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8 |
ID:
093217
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9 |
ID:
113324
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Publication |
2012.
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Summary/Abstract |
The international scope of the Internet and wide reach of technological usage requires cyber defence systems to intersect largely with the application and implementation of international legislation. One of the problems associated with the technological revolution is that cyber space comprises complex and dynamic technological innovations to which no current legal system is well suited. A further complication is the lack of comprehensive treaties facilitating international cooperation with regard to cyber defence. The result is that many countries will not be properly prepared or adequately protected by legislation in the event of a cyber attack on a national level.
The article investigates this problem by touching on the influence that cyber defence has on the international position of the government. The article addresses the principles of cyber security and cyber warfare acts, and briefly touches on cyber security collaboration efforts for South Africa. The authors are of the opinion that Africa does not follow a coordinated approach in dealing with cyber security, and that the various structures that have been established to deal with cyber security are inadequate to deal with issues holistically. To work towards such a co ordinated approach, it is suggested that specific interventions be developed to address cyber crime. This approach should create and maintain a partnership or collaboration between business, government and civil society. The authors are of the opinion that unless these spheres of society work together, Africa's efforts to ensure a secure cyber space may be compromised.
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10 |
ID:
187405
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Summary/Abstract |
In recent years, the maritime militia and their activities in the South China Sea have attracted mounting attention from the international community. To date, only China and Vietnam have established rules relating to maritime militia. The maritime militia systems in both China and Vietnam result from national traditional militia systems and are extended reflections of the “People’s War” ideology in the field of modern defense. They are similar in aspects such as their definitions and nature, type of activities and scope, and leadership. Also, both militias play an affiliated role in their protection of maritime rights and military systems. Nonetheless, there are distinct differences between the legislation of maritime militia in China and Vietnam, particularly in relation to the political role they play, welfare and treatment, and punishment mechanisms. Through the comparison of the legislation on maritime militia in China and Vietnam, this article aims to define the legal status of maritime militia and to propose approaches to improving China’s legislation on maritime militia.
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11 |
ID:
086385
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Publication |
2008.
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Summary/Abstract |
For the last several years, Kazakhstan's legal science has been discussing problems related to enforcement of prevalence of international law provisions over the national legislation.
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12 |
ID:
130959
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Summary/Abstract |
IN MARCH OF 2013, REPUBLICAN LEGISLATORS in North Dakota agreed to challenge Roe v. Wade by forwarding a "personhood" amendment to voters that will appear on the 2014 ballot. Such an amendment would change the state's legal definition of personhood to include unborn fetuses-a move that backers have explicitly discussed as part of a challenge to a Supreme Court decision they view as having been wrongly decided.1 The Court may pronounce itself the final arbiter of the Constitution, but Americans outside of Washington, DC do not necessarily agree.2
Such efforts by state actors to take the Constitution away from the courts mirror a recent shift in political-legal scholarship, in which court-centered accounts of constitutional interpretation and construction have been rightly condemned.3 Scholars have turned instead toward a renewed emphasis on the political contestation of non-judicial actors in enforcing the Constitution.4
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13 |
ID:
130960
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Summary/Abstract |
IN MARCH OF 2013, REPUBLICAN LEGISLATORS in North Dakota agreed to challenge Roe v. Wade by forwarding a "personhood" amendment to voters that will appear on the 2014 ballot. Such an amendment would change the state's legal definition of personhood to include unborn fetuses-a move that backers have explicitly discussed as part of a challenge to a Supreme Court decision they view as having been wrongly decided.1 The Court may pronounce itself the final arbiter of the Constitution, but Americans outside of Washington, DC do not necessarily agree.2
Such efforts by state actors to take the Constitution away from the courts mirror a recent shift in political-legal scholarship, in which court-centered accounts of constitutional interpretation and construction have been rightly condemned.3 Scholars have turned instead toward a renewed emphasis on the political contestation of non-judicial actors in enforcing the Constitution
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14 |
ID:
117311
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Publication |
2013.
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Summary/Abstract |
Wind energy is the fastest-growing segment of new electrical power capacity in the United States, with the potential for significant growth in the future. To facilitate such growth, a number of concerns between developers and landowners must be resolved, including assurance of wind turbine decommissioning at the end of their useful lives. Oklahoma legislators enlisted the authors to develop an economically-sound proposal to ensure developers complete their decommissioning obligations. Economic analysis of turbine decommissioning is complicated by a lack of operational experience, as few U.S. projects have been decommissioned. This leads to a lack of data regarding decommissioning costs. Politically, the negotiation leading to the finally-enacted solution juxtaposed economic theory against political pragmatism, leading to a different but hopefully sound solution. This article will provide background for the decommissioning issue, chronicle the development of the decommissioning component of the Oklahoma Wind Energy Act, and frame issues that remain for policymakers in regulating wind power development.
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15 |
ID:
190349
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Summary/Abstract |
Traditionally, there have been internalized cultural values regarding family cohesion in the Arab region. However, as a result of modernization, rapid economic growth, and social transition, divorce rates have risen gradually over the past few years. This paper examines societal attitudes toward divorce predictors and the legislative response in Qatar, which has involved considerable initiatives to strengthen family cohesion. It highlights the various individual differences which lead to marital dissatisfaction and, ultimately, to divorce. The study uses original data from the sample of a 2019 national survey. In light of the legislation that aims to prevent the dissolution of marriage, the results suggest that sociodemographic patterns significantly contribute to divorce predictors. The study calls for urgent governmental responses in establishing premarital intervention as means to consider the changing impact of marital interactions and to mitigate the incidence of divorce in the Arab gulf.
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16 |
ID:
141437
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Summary/Abstract |
Though laws have been enacted in different parts of Nigeria to address some aspects of gender-based violence, domestic violence persists with serious consequences for social and economic development. Nigeria has not enacted specific domestic law that is applicable throughout the federation, despite the United Nations mandate to all countries to adopt and enforce such laws by 2015. This article examines the causes and nature of domestic violence in Nigeria, and the legal reform needed to address the situation. In addition to library sources, the study used focus group discussions and individual interviews (involving the general population, key informants, legislators and traditional rulers) to discover that enacting specific national domestic violence legislation is necessary to address the problem in Nigeria, but enacting laws alone is not a magic bullet.
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17 |
ID:
086695
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Publication |
2009.
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Summary/Abstract |
The last two decades have witnessed the emergence of a new discourse of children's rights in the People's Republic of China. The present article traces the social, political, and economic circumstances that have led to the emergence of this discourse, describes the institutions that have been involved in its production, and considers the various ways in which urban Chinese parents of different socioeconomic backgrounds engage with the notion of children's rights in their day-to-day lives. Drawing on the results of ethnographic fieldwork conducted in Shanghai schools and homes, as well as on a survey of legislative codes, teachers' manuals, academic literature, childrearing guides, and media articles published in China since the early 1990s, I argue that a new mode of speaking and thinking about children-as "subjects" rather than "objects", and as "independent persons" rather than mere "appendages" to their families or to society-is emerging in contemporary China. While this new conceptualization of the child is fraught with tensions and contradictions at the level of both discourse and practice, I nonetheless argue that the notion of Chinese children as subjects bearing rights carries important implications not only for family relationships but also for state-citizenry engagements in 21st-century China.
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18 |
ID:
088269
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Publication |
2009.
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Summary/Abstract |
Taiwan has drafted a Greenhouse Gas (GHG) Reduction Bill in 2006, which is currently undergoing the legislative process in the Congress. The purpose of this study is to reexamine the legal framework and contents of this Bill, evaluate potential problems and propose recommendations. This study advocates that setting the GHG reduction targets should be settled in this Bill. In addition, based on the analysis of international experiences, it is recommenced that emissions trading scheme in the Bill should be focused on large emission sources and the share of allowance auction should be increased to reduce gratis allocation. Furthermore, from the calculation results based on the long-range energy alternative planning (LEAP) model, a conflict is observed for the existing energy policy and GHG reduction efforts in Taiwan. That is, coal-burning power plants will be the most important source of energy for Taiwan in the future. In order to reduce this conflict, the authors have recommended that the Bill should also be integrated with other relevant existing legislation to achieve a complementary effect.
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19 |
ID:
044628
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Publication |
Dordrecht, Martinus Nijhoff Publishers, 1990.
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Description |
xxvii,558p.
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Standard Number |
079230621X
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Copies: C:1/I:0,R:0,Q:0
Circulation
Accession# | Call# | Current Location | Status | Policy | Location |
032593 | 349.47/SCH 032593 | Main | On Shelf | General | |
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20 |
ID:
109081
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Publication |
2011.
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Summary/Abstract |
This article examines the socio-historical construction of Indian policy and legislation as the processes set out to making the 'Indian' population legible to its rulers during the pre- and post-confederation periods in Upper Canada. I aim to demonstrate how Indian policy and legislation materialised into concrete actions that attempted to assimilate, civilise, and protect the 'Indians' by deploying different instruments of control or governmentalities, such as the residential school and reserve system. Nonetheless, resistance and political positioning of Indigenous people is present, and post-confederation Indian policymaking in Canada is a much more negotiated process.
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