Search results for " Right"

What Human Rights are not (Or not Only). A Negative Path to Human Rights Practice

2014

What human rights are not (or not only) could offer an inclusive and intersectional approach able to get together the different dimensions (moral, legal, social ones) of the international and domestic practice of protecting individuals against violations and discriminations. The book aims at offering an overview of the current phase of the protection of rights, its relationships with and differences from natural rights and liberal rights of the Western tradition, an approach to their content and their possible uses in the domestic and international domain.

Introduction: Security, Criminal Justice and Human Rights in Countering Terrorism in the Post 9/11 Era

2012

In the aftermath of the 9/11 attacks on New York and Washington, many commentators claimed that the world had changed ‘forever’ with international terrorism constituting one of the defining global security challenges of the twenty-first century. The renewed focus on counter-terrorism law and policy also called into question whether the lessons drawn from previous terrorism emergencies are pertinent to the post-9/11 environment. Indeed, to what extent, if at all, are the principles identified for the liberal democratic response to traditional forms of terrorism applicable to a response to contemporary international terrorism? The historical, political and security implications of 9/11 notwit…

Hauptprobleme der Staatsrechtslehre : entwickelt aus der Lehre vom Rechtssatze

1923

French firms’ strategies for protecting their intellectual property

2012

In attempting to protect their innovations, firms can choose from a range of mechanisms, which may be either non-statutory (trade secrets, design complexity, and lead-time advantage over competitors) or statutory (patent, design registration, trademark, copyright). Yet, little is known about how firms do actually make their choices from among these different appropriability mechanisms. The aim of this paper is to determine how French firms’ use of intellectual property protection mechanisms relates to the type of innovation, the characteristics of the market sector in which they operate, the firms’ characteristics, and their human resources strategies. Our empirical model draws on four Fren…

IPR gender gaps: a first look at utility model, design right and trademark filings

2018

This study extends the analysis of the gender gap in patenting into design rights, utility model (UMs) and trademarks (TMs), which are complementary methods for protecting intellectual property. The analysis is descriptive and uses register data from the Finnish patent and registration office covering the years 1982–2013. A persistent gender gap is found for all intellectual property rights. The gap has narrowed over time for national patent, design right and TM filings but not for UM filings. It is found that, in comparison to men, women are relatively less often single inventors or designers and more often members of inventor or designer teams. peerReviewed

La problematica distinzione fra diritti e principi nella Carta dei diritti fondamentali dell'Unione europea

2020

In questo studio si prospetta una ricostruzione della distinzione fra fra diritti e principi definita nella Carta dei diritti fondamentali dell'Unione europea e si riflette sull'interpretazione che ne è stata data alla luce delle tradizioni costituzionali italiana e spagnola. This essay aims at giving some insights on the dinstinction between "rights" and "principles" within the EU Charter of Fundamental Rights. The Author analyzes also the judicial interpretation of this distinction contextualizing it within the Italian and Spanish Constitutional Tradition.

Drivers influencing the governance of inter-firm relationships in the biopharmaceutical industry: an empirical survey in the Italian context

2013

This paper focuses on factors influencing the choice of the governance form in inter-firm relationships (IFRs) between pharmaceutical and biotechnology companies. By reviewing the relevant literature on transaction cost economics, property right theory, real option and resources-based view, we located some drivers that might influence such relationships and we formulated a set of hypotheses linking them to governance forms. Such a theoretical framework has been empirically tested through a survey conducted among the Italian companies associated to Farmindustria. Empirical results provide some interesting insights on how shaping bio-pharmaceutical deals; we found that the developmental stage…

How the purpose of the inter-firm relationships influences the choice of the governance form: evidence from the machine tool and the pharmaceutical i…

2013

In today's competitive landscape, the choice of the appropriate mode to govern an inter-firm relationship is a critical factor for companies. In the literature several theoretical strands have examined the impact of the purpose of inter-firm relationships on the forms of governance. Building on a robust literature review on the topic, this study focuses on a specific issue influencing the choice of the form of governance in inter-firm relationships, i.e. the purpose of inter-firm relationships with relation to partner's resources. We gather in a unique framework three typologies of partner's resources, i.e. production, R&D and marketing, and through two empirical analyses in two different I…

When a virus (Covid-19) attacks human rights: The situation of asylum seekers in the medico-legal setting

2020

The Covid-19 pandemic is a global health emergency that requires immediate, effective action by governments to protect the health and basic human rights of everyone’s life. Refugees and migrants are potentially at increased risk because they typically live in overcrowded conditions often without access to basic sanitation. Since the beginning of the official lockdown for Covid-19, the medico-legal assessment of physical violence related to obtaining status or other forms of human protection has been frozen.

Nuevo criterio interpretativo de los derechos fundamentales conforme a los tratados internacionales de derechos humanos en la Constitución Española

2011

RESUMEN. En las siguientes líneas se pretende argumentar a la luz del ordenamiento jurídico español la existencia de razones jurídicas (válidas y suficientes) para catalogar como “criterio interpretativo de los Derechos Fundamentales” a los Tratados Internacionales de Derechos Humanos, aportando cuatro tipos de argumentos: El primero, se deduce de la naturaleza jurídica de los tratados como fuentes del Derecho Internacional y como obligaciones internacionales para el Estado. El segundo, deriva de la incorporación automática de los Tratados al Derecho interno consolidándose como parte del ordenamiento jurídico. El tercero, es la pauta interpretativa que cuenta con respaldo constitucional en …