Search results for " Right"
showing 10 items of 1166 documents
Environmentally-conditioned human rights: a good idea?
2021
The emergence of the rights of nature is a clear response to the current environmental crisis. But such trend is not to walk alone: it is to be espoused to the many still remaining human rights issues, otherwise the power and credibility of both are at danger. This chapter focuses on one of the many possible points of encounter between the rights of nature and human rights. It explores how they may be combined within biocultural rights—the basket of rights of indigenous peoples and local communities necessary to maintain their role as ecosystem stewards—and tries to understand what the consequences of combining nature and human interests as their foundations may be. In particula…
Analysis of the authors’ rights collection frontier using PCA-MDEA: an application to the Valencia region
2002
The aim of this paper is to estimate the authors’ rights collection frontier within the collection zones into which the Valencia Region (Spain) has been divided. To be more exact, a nonparametric frontier technique (Modified Data Envelopment Analysis, MDEA) and the Principal Components Analysis (PCA) are jointly employed to map out an initial approach to the potential authors’ rights collection within this region (as divided into collection zones). The analysis has been carried out both jointly and by majority sectors (performing, musical, and audio-visual arts). Publicaciones Econcult: Área de Investigación en Economía de la Cultura y Turismo. Universitat de València
Intellectual property from a labour law perspective: the transfer of authors' rights in labour relationships
2020
This article analyses Spanish intellectual property law to establish whether formalised employment contracts are associated with the transfer to employers of the economic rights to works created by employees. This analysis is limited to the legal treatment of employee-created literary, artistic and scientific works, which are subject to authors' rights and are protected by intellectual property law. The study does not include inventions created in a labour relationship, which are regulated by legislation on patents and brands, and are thus dealt with differently according to industrial property rights.
Protection of the right to freedom of assembly and association under ECHR: compliance difficulties in Azerbaijan
2018
The protection of the right to freedom of peaceful assembly and association under the ECHR and compliance difficulties in Azerbaijan, regarding these rights are discussed in this master thesis. The protection of the right to freedom of peaceful assembly and association is one of the critical elements for the development of democracy, and these rights are protected by international documents such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred as the European Convention on Human Rights or the ECHR). Furthermore, the protection of these rights at national level must be compatible with the standards of the Council of Europe. The impo…
In light of the ends. Copyright hysteresis and private copy exception after the British Academy of Songwriters, Composers and Authors (BASCA) and oth…
2015
In British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of 'legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled.
La riunificazione familiare dello straniero nei trattati sui diritti umani
2010
Family reunification contributes to the integration of aliens in the countries of destination and the development of their personality as well, but it entails the increase in the demand for social facilities. As a consequence States tend to reduce the opportunities for family reunification. The study analyses the activity of the organs of control set up by the international conventions on human rights and aims at identifying the obligations on States’ sovereignty stemming from the rules of these conventions protecting family life or disciplining family reunification. In assessing the lawfulness of States’ rules on family reunification or decisions on individual cases these organs verify whe…
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
2009
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…
Foreign direct investment attraction in the Baltic States
2014
This paper considers the importance of macroeconomic factors as well as investment climate for foreign direct invest ment attraction in the Baltic states. It reviews some of the indicators for measuring the investment climate and their usefulness as indicators of strength of FDI attraction and uses the results of econometric analysis to consider relative importance of various macroeconomic factors. The results suggest that perceptions of corruption and fiscal policy are some of the more important drivers of FDI attraction. The paper also considers several measures that could improve foreign direct investment attraction in the Baltic States such as expanding the protection of property right…
Il diritto di recesso nelle società c.d. benefit
2020
This essay will examine legislations on benefit corporations across Europe and the US, through a focus on whether or not elections by a corporation – or any other entity – to become a social purpose corporation or to cease to be one entail the arising of a right to withdraw on dissenting shareholders. Starting with the analysis of the legal framework, which applies to operations such as conversions from a for-profit corporation to a benefit corporation or the other way around, the essay will investigate their effects on the right to withdraw of dissenting shareholders both on unincorporated business entities and on corporations.
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.