Open Content Licensing : from Theory to Practice
Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.
Applicable Law in Investor–StateArbitration
This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
The Bankruptcy Rules and Forms govern procedure in cases under title 11 of the United States Code. The rules shall be cited as the Federal Rules of Bankruptcy Procedure and the forms as the Official Bankruptcy Forms. These rules shall be construed to secure the just, speedy, and inexpensive determination of every case and proceeding. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991.) Notes of Advisory Committee on Rules—1983 Section 247 of Public Law 95–598, 92 Stat. 2549 amended 28 U.S.C. §2075 by omitting the last sentence. The effect of the amendment is to require that procedural rules promulgated pursuant to 28 U.S.C. §2075 be consistent with the bankruptcy statute, both titles 11 and 28 U.S.C.
Alternative Dispute Resolution in the Western Balkans
Alternative Dispute Resolution (ADR) is increasingly recognized as an attractive alternative to national court proceedings, especially in international business relations. This open access book focuses on ADR mechanisms in one specific geographical region: the Western Balkans. This region comprises Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Kosovo, and Serbia. Although these countries generally have legal frameworks for ADR mechanisms in place, they remain largely underutilised in practice. Promoting ADR mechanisms in the countries of the Western Balkans could make them more attractive to foreign investors, thereby fostering economic growth.
Artificial Intelligence and International Arbitration Law
Commercial law Civil procedure Communications law
The book asks whether the use of Artificial Intelligence (AI) and Generative AI (GenAI) in international arbitration represents a revolution or an evolution of the international dispute resolution landscape. Critically engaging with the transformative impact of the Fourth Industrial Revolution (4IR), this book focuses on the integration of AI and GenAI into international commercial arbitration. Set against the backdrop of rapid technological advancement, it explores how arbitral tribunals and stakeholders are cautiously yet progressively adopting these innovations in a manner that respects and preserves the foundational principles of arbitration.
Crime and criminology Social and cultural anthropology Law
This book draws on Rohingya oral histories and narratives about Myanmar’s genocide and ID schemes to critique prevailing international approaches to legal identities and statelessness. By centring the narratives of survivors of state crimes, collected in the aftermath of the 2017 genocidal violence, this book examines the multiple uses of state-issued ID cards and registration documents in producing statelessness and facilitating genocide. In doing so, it challenges some of the international solutions put forward to resolve statelessness.