11,140 research outputs found

    Unoriented geometric functors

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    Farrell and Hsiang noticed that the geometric surgery groups defined By Wall, Chapter 9, do not have the naturality Wall claims for them. They were able to fix the problem by augmenting Wall's definitions to keep track of a line bundle. The definition of geometric Wall groups involves homology with local coefficients and these also lack Wall's claimed naturality. One would hope that a geometric bordism theory involving non-orientable manifolds would enjoy the same naturality as that enjoyed by homology with local coefficients. A setting for this naturality entirely in terms of local coefficients is presented in this paper. Applying this theory to the example of non-orientable Wall groups restores much of the elegance of Wall's original approach. Furthermore, a geometric determination of the map induced by conjugation by a group element is given.Comment: 12 pages, LaTe

    The New Innovation Frontier? Intellectual Property and the European Court of Human Rights

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    This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights ( ECHR ). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights. These decisions, which view intellectual property through the lens of fundamental rights, have important consequences for the region\u27s innovation and creativity policies. The cases are also emblematic of a growing number of controversies in domestic and international law over the intersection of human rights, property rights, and intellectual property. The article analyzes this trend and uses it to develop three distinct paradigms to identify the proper place of intellectual property issues in the European human rights system. It concludes that the ECHR should find a violation of the right of property in intellectual property disputes only in cases of arbitrary government conduct

    Exiting Treaties

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    This Article analyzes the under-explored phenomenon of unilateral exit from international agreements and intergovernmental organizations. Although clauses authorizing denunciation and withdrawal from treaties are pervasive, international legal scholars and international relations theorists have largely ignored them. This Article draws upon new empirical evidence to provide a comprehensive interdisciplinary framework for understanding treaty exit. It examines when and why states abandon their treaty commitments and explains how exit helps to resolve certain theoretical and doctrinal puzzles that have long troubled scholars of international affairs

    Redesigning the European Court of Human Rights: Embeddedness as a Deep Structural Principle of the European Human Rights Regime

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    The European Court of Human Rights (ECHR) is the crown jewel of the world’s most advanced international system for protecting civil and political liberties. In recent years, however, the ECHR has become a victim of its own success. The Court now faces a docket crisis of massive proportions, the consequence of the growing number of states subject to its jurisdiction, its favourable public reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to this growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights (ECHR). This article argues that these proposals should be understood not as ministerial changes in supranational judicial procedure, nor as resolving a debate over whether the ECHR should strive for individual or constitutional justice, but rather as raising more fundamental questions concerning the Court’s future identity. In particular, the article argues for recognition of ‘ embeddedness ’ in national legal systems as a deep structural principle of the ECHR, a principle that functions as a necessary counterpoint to the subsidiary doctrine that has animated the Convention since its founding. Embeddedness does not substitute ECHR rulings for the decisions of national parliaments or domestic courts. Rather, it requires the Council of Europe and the Court to bolster the mechanisms for governments to remedy human rights violations at home, obviating the need for individuals to seek supranational relief and restoring countries to a position in which the ECHR’s deference to national decision-makers is appropriate

    World Music on a U.S. Stage: A Berne/TRIPs and Economic Analysis of the Fairness in Music Licensing Act

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    This article analyzes the dispute settlement proceedings pending before the World Trade Organization (WTO) concerning the Fairness in Music License Act of 1998, a new provision of the US Copyright Act that exempts many bars, restaurants, and retail stores from paying license fees for performing broadcast music in their establishments. In May 1999, the European Community challenged the Act, and its predecessor homestyle exemption, as a violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention for the Protection of Literary and Artistic Works (Berne). The FMLA dispute is the first time in history that US copyright laws will be judged by an international tribunal. The case is an embarrassing one for the United States, which has recently pursued a policy of aggressively encouraging other nations to provide strong legal protections for copyrighted works. Although officials within the Clinton Administration warned legislators that the Fairness in Music Licensing Act might be incompatible with the Berne and TRIPs treaties, Congress enacted the statute over their objections. Thus, in the first year of the new century, Congress may be faced with an unprecedented choice: modify the Copyright Act to satisfy the demands of international trade jurists or face retaliatory trade sanctions by the EC. In addition to analyzing the legal arguments available to the US and the EC under the Berne and TRIPs treaties, this article also seeks to explain why Congress deliberately chose to ignore past US intellectual property policy. Using insights from law and economics and from a study of the history of laws and licensing practices governing secondary uses of broadcast music, the article demonstrates how an increasingly broad free use exemption developed for businesses playing radio and television music. It then draws on these economic and historical insights to develop legislative reform proposals that are both compatible with United States\u27 treaty obligations and that encourage performance rights organizations and associations of copyright users to reach an efficient private agreement to resolve the WTO dispute

    Toward a Human Rights Framework for Intellectual Property

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    This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis in the General Comment to sketch the tentative outlines of a human rights framework for intellectual property, a framework that offers a distinctive approach for mediating the two fields of law and policy. The Article also analyzes the rapidly changing institutional environment in which states and NGOs are generating new legal rules to govern the interface between human rights and intellectual property. It focuses in particular on three recent treaty-making initiatives in three intergovernmental organizations - UNESCO, WHO, and WIPO. These initiatives include (1) the recently adopted Convention on the Protection and Promotion of the Diversity of Cultural Expressions, (2) the proposed Medical Research and Development Treaty, and (3) the proposed Access to Knowledge Treaty. Each of these treaty texts draws upon international human rights law in different ways to question existing approaches to intellectual property protection and to revise the mandates of intergovernmental organizations

    Terminating Treaties

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