Articles de revues sur le sujet « Property in war »
Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Property in war.
Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres
Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Property in war ».
À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.
Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.
Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.
1
Azzam, Mounir, Valerie Graw, Eva Meidler et Andreas Rienow. « Enhancing Property Valuation in Post-War Recovery : Integrating War-Related Attributes into Real Estate Valuation Practices ». Smart Cities 7, no 4 (5 juillet 2024) : 1776–801. http://dx.doi.org/10.3390/smartcities7040069.
Texte intégralRésumé :
In post-war environments, property valuation encounters obstacles stemming from widespread destruction, population displacement, and complex legal frameworks. This study addresses post-war property valuation by integrating war-related considerations into the ISO 19152 Land Administration Domain Model, resulting in a valuation information model for Syria’s post-war landscape, serving as a reference for property valuation in conflict-affected areas. Additionally, property valuation is enhanced through visualization modeling, aiding the comprehension of war-related attributes amidst and following conflict. We utilize data from a field survey of 243 Condominium Units in the Harasta district, Rural Damascus Governorate. These data were collected through quantitative interviews with real estate companies and residents to uncover facts about property prices and war-related conditions. Our quantitative data are analyzed using inferential statistics of mean housing prices to assess the impact of war-related variables on property values during both wartime and post-war periods. The analysis reveals significant fluctuations in prices during wartime, with severely damaged properties experiencing notable declines (about −75%), followed by moderately damaged properties (about −60%). In the post-war phase, rehabilitated properties demonstrate price improvements (1.8% to 22.5%), while others continue to depreciate (−55% to −65%). These insights inform post-war property valuation standards, facilitating sustainable investment during the post-war recovery phase.
2
Azmi, Fatin Afiqah Md, et Nurul Hana Adi Maimun. « Patterns in Number of Property Transactions of Pre-War Shophouse Case Study : Penang, Malacca, and Kelantan ». GATR Global Journal of Business and Social Science Review (GATR-GJBSSR) 10, no 2 (29 juin 2022) : 72–76. http://dx.doi.org/10.35609/gjbssr.2022.10.2(1).
Texte intégralRésumé :
Objective - Economic sustainability of heritage property can be measured through an active property transaction of a pre-war shophouse in the study areas. This paper investigates the breakdown of a number of pre-war shophouse transactions in Penang, Malacca, and Kelantan. Methodology/Technique – The documentary method notably the Annual Property Market Report was collected and analysed. Finding – The results demonstrated that in Penang, the pre-war shophouse sub-sector saw mixed movements in the number of transactions while the commercial property-like pre-war shophouse sub-market was generally stable in Malacca and in Kelantan’s commercial sub-sector, the pre-war shophouse performed moderately in the review period. Novelty – These patterns of a number of property transactions of a pre-war shophouse in three study areas proved that the heritage property has a sustainable market value. Type of Paper: Review JEL Classification: D23, D29. Keywords: Economic Thought; Heritage; Market Value; Property Transaction; Real Estate; Sustainable Reference to this paper should be referred to as follows: Azmi, F.A.M; Maimun, N.H.A. (2022). Patterns in Number of Property Transactions of Pre-War Shophouse Case Study: Penang, Malacca and Kelantan, GATR-Global J. Bus. Soc. Sci. Review, 10(2), 72–76. https://doi.org/10.35609/gjbssr.2022.10.2(1)
3
Stubblefield, Emily, et Sandra Joireman. « Law, Violence, and Property Expropriation in Syria : Impediments to Restitution and Return ». Land 8, no 11 (13 novembre 2019) : 173. http://dx.doi.org/10.3390/land8110173.
Texte intégralRésumé :
After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these groups. We examine legal documents and secondary sources identifying government actions and their impact, noting the proliferation of laws that systematically erode the property rights of people who lack proximity, legal status, and regime allies. As the results of these laws manifest after the war, a disproportionate number of Syrians who opposed the government will find themselves without the houses, land, and property they held before the war began.
4
Pearce, Joshua M. « Leveraging Intellectual Property to Prevent Nuclear War ». Safety 8, no 3 (1 août 2022) : 55. http://dx.doi.org/10.3390/safety8030055.
Texte intégralRésumé :
Although international law forbids nuclear attacks, only nine states have mutually assured destruction available to prevent direct attacks against themselves, while non-nuclear states have few substantive options to deter a nuclear attack. This study analyzes the economic impacts of a theoretical international agreement that eliminates patent rights for any nuclear aggressor (i.e., free global compulsory licensing of all intellectual property (IP) for a nuclear aggressor). The results found that all but one of the nuclear states would have a significant economic disincentive to start a nuclear attack if the proposal was put into force. Payback times ranged from 1.2 to 40 years, where the entire GDP of a nuclear aggressor would be needed to offset the loss for aggression, indicate such a mechanism as a whole would be an effective nuclear deterrent. This method would not be universally effective without ensuring all nuclear states are members of the international economy and IP processes. With the growth of open-source products and reduced value of patents, this mechanism does have a limited effectiveness time. Currently it appears to be a policy trajectory worthy of future work that can enhance safety from nuclear threat without causing harm to countries of goodwill.
5
Rieber, Alfred J. « Landed Property, State Authority, and Civil War ». Slavic Review 47, no 1 (1988) : 29–38. http://dx.doi.org/10.2307/2498836.
Texte intégral
6
Gardner, James N. « The Supreme Court's war on intellectual property ». Nature Biotechnology 18, no 1 (janvier 2000) : 101–2. http://dx.doi.org/10.1038/71772.
Texte intégral
7
Van Houtte, Hans. « Mass Property Claim Resolution in a Post-War Society : The Commission for Real Property Claims in Bosnia and Herzegovina ». International and Comparative Law Quarterly 48, no 3 (juillet 1999) : 625–38. http://dx.doi.org/10.1017/s0020589300063466.
Texte intégralRésumé :
The restoration of the pre-war property fights of displaced persons and refugees is critical to restore the peace.This is particularly true for Bosnia and Herzegovina. The devastating impact of the war which ravaged Bosnia from 1992 until 1995 has left a third of the housing stock destroyed or otherwise uninhabitable. The systematic practice of ethnic cleansing forced Bosniacs, Croats and Serbs to seek shelter in areas of Bosnia and Herzegovina where their ethnic group was in the majority or to seek refuge abroad.1 More than half the 4.5 million the pre-war population of Bosnia and Herzegovina fled their homes in search of safety during the course of the war. According to recent estimates from the UN High Commissioner for Refugees, over 800,000 refugees from Bosnia and Herzegovina are still abroad today.2 Within Bosnia and Herzegovina, more than 800,000 people remain displaced from their pre-conflict homes.3
8
Łopatecki, Karol. « ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ ». Zeszyty Prawnicze 16, no 4 (14 mai 2017) : 59. http://dx.doi.org/10.21697/zp.2016.16.4.04.
Texte intégralRésumé :
Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.
9
Babie, Paul. « Reflections on Private Property as Ego and War ». International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 30, no 4 (11 février 2017) : 563–91. http://dx.doi.org/10.1007/s11196-017-9505-1.
Texte intégral
10
Unruh, Jon. « Property Restitution Laws in a Post-War Context : The Case of Mozambique ». African Journal of Legal Studies 1, no 3 (2005) : 147–65. http://dx.doi.org/10.1163/221097312x13397499736183.
Texte intégralRésumé :
AbstractPost-war reconstruction environments involve particular contexts within which legal reform must operate in order to facilitate the peace process, recovery, and development. Land and property restitution after a war is an important but difficult issue for the integrity of the process, given the chaotic rights environment created by war and the limited financial, personnel, and institutional resources of governments recovering from war. This article examines Mozambique's experience with the creation of a land and property restitution legal regime within a post-war context that includes: a) strong restitution desires by very divided segments of the population that differ markedly in literacy, access to the state, allegiance during the war, attachment to legitimate authority, and tenure system; b) a history of changing and failed land policy; and c) the extreme lack of state capacity needed to manage a formal restitution program. After setting out the history of the war and land policy in Mozambique, the article examines restitution claims, and describes how the land law reform has attempted to produce a legal environment whereby many complex restitution cases could be 'self managed.'
11
Sierzputowski, Bartłomiej. « Public international law in the context of post-German cultural property held within Poland’s borders. A complicated situation or simply a resolution ? » Leiden Journal of International Law 33, no 4 (28 août 2020) : 953–68. http://dx.doi.org/10.1017/s0922156520000461.
Texte intégralRésumé :
AbstractThe article discusses the complicated situation of post-German cultural property held within Poland’s borders after the Second World War. On 2 August 1945, ‘the Big Three’ decided a new layout of power within Europe. They reached an agreement that Silesia, Pomerania, the Free City of Danzig (Gdańsk), and part of East Prussia (Regained Territories) along with all the property which had been left on site, should be a part of Poland. One of the post-war priorities of the Polish Government was to regulate the legal status of post-German cultural property left within these newly-delineated borders. Although the Second World War ended in 1945, there was still a threat that the majority of post-German property could be devastated, destroyed, or even looted. There are some documented cases where such cultural property was seized inter alia by the Red Army and then transported to Russia. Since 1945, Russian museums have exhibited many of these pieces of art. This article addresses the question concerning the legal status of post-German cultural property in light of public international law. Furthermore, the article responds to the question, whether Poland is entitled to restitution of post-German cultural property looted from the Regained Territories.
12
Sulženko, Marcela, et Luboš Kokeš. « Správní mechanismy přesunu knižních fondů v letech 1918–1954 : odrazový můstek k výzkumu knižní provenience ». 66-1-2 66, no 1-2 (2021) : 4–26. http://dx.doi.org/10.37520/amnpsc.2021.002.
Texte intégralRésumé :
The history of Czechoslovak private libraries reflected great historical events, specifically in the change of ownership between 1918 and 1945/1954. The biggest change came after the Second World War, when the highest state officials decided to punish war criminals. In general, all Germans were labelled as enemies of the republic and were to bear collective guilt for starting the war. Their punishment included, among other things, the loss of property, which also concerned their libraries. This study focuses on the state administration dealing with such property.
13
Raven-Hansen, Peter. « Nuclear War Powers ». American Journal of International Law 83, no 4 (octobre 1989) : 786–95. http://dx.doi.org/10.2307/2203367.
Texte intégralRésumé :
As the Constitution enters its third century, its framework for the exercise of war powers is under siege. Presidential exercises of war powers to repel attacks, rescue lives, protect property, retaliate and threaten have posed the most persistent and visible challenge to that framework. But an equal theoretical challenge is posed by a power that the President has used only twice, the nuclear war power. Part I of this essay describes that challenge. Part II evaluates the constitutionality of the existing distribution of nuclear war powers. Part III identifies—but does not explore—alternatives.
14
Krimmer, Maren. « Soviet War Memorials in Poland – An International Legal Analysis ». osteuropa recht 65, no 4 (2019) : 422–38. http://dx.doi.org/10.5771/0030-6444-2019-4-422.
Texte intégralRésumé :
Cultural property recently came to the public attention during the debate on monuments and memorials in Poland following the “de-communization law” enacted in 2016. The “Law on the Prohibition of Propaganda of Communist or Other Totalitarian Regimes through Naming Buildings, Objects and Public Utility Installations, dated 1 April 2016” implies banning communist propaganda or other totalitarian regimes and mostly concerns Soviet monuments and memorials erected in Poland after the Second World War by the USSR. This law not only concerns the protection of cultural heritage, but there is also an existing Polish-Russian bilateral agreement listing certain objects as cultural property. This article analyses the interpretation of the bilateral treaty between Russia and Poland concerning the protection of cultural property, and further examines whether or not Poland’s actions conform with the 1992 Polish- Russian treaty. Furthermore, this article sheds light on the 1970 UNESCO Convention and thus the current status of the customary international law in regard to the destruction of cultural property.
15
Grzebielucha, Jacek. « Role of Polish Armed Forces and Crisis Management System in Cultural Property Protection – review and analysis ». Scientific Journal of the Military University of Land Forces 204, no 2 (15 juin 2022) : 256–66. http://dx.doi.org/10.5604/01.3001.0015.8977.
Texte intégralRésumé :
Deterring a crisis or war requires the commitment of large forces and resources that may include armed forces, security services or other non-military defense elements. The entire crisis management system is organized by the public administration. A crisis and the threat of war necessitate the implementation of a wide range of tasks aimed at securing life, health and property. Cultural property is a special category of property protected under the Polish legal system. The Republic of Poland undertook to protect it upon accession to the Hague Convention of 1954 on the Protection of Cultural Property in the Time of an Armed Conflict. This international agreement, along with the Polish experiences of the Second World War, laid the foundations for building an efficiently functioning system for the protection of cultural property during an armed conflict. Recent years have brought an increase in global interest in this area. Asymmetric threats against cultural heritage objects forced the involvement of military entities in developing security mechanisms. The author will provide an overview of national institutions tasked with the protection of cultural property in times of peace, assess the quality of these institutions as well as propose de lege ferenda postulates that could improve their functioning.
16
Ja’afar, Nur Shahirah, et Junainah Mohamad. « AN ASSESSMENT OF HERITAGE PROPERTY VALUES USING MULTIPLE REGRESSION ANALYSIS : GEORGE TOWN, PENANG ISLAND MALAYSIA ». Malaysian Journal of Sustainable Environment 7, no 2 (4 août 2020) : 37. http://dx.doi.org/10.24191/myse.v7i2.10263.
Texte intégralRésumé :
The aim of this paper was to estimate the value of heritage property using multiple regression analysis. The original dataset consists of 311 Pre-war Shophouses transacted from 2004 to 2018 in Northern-Eastern of Penang Island, Malaysia. After filtration process, only 248 units of Pre-war Shophouses heritage property were available and valid to be used. Three functional forms such as linear, semi-log and log-log have been constructed and their statistical performances have been compared. The results indicate that log-log functional form performed better than the other functional forms in predicting the price of heritage property.
17
Malynovsky, B. V., et T. V. Malynovskа. « Restoration of property rights of the subjects of the Central Powers in Ukraine (1918) ». Modern Studies in German History 49, no 49 (11 janvier 2024) : 91–95. http://dx.doi.org/10.15421/312307.
Texte intégralRésumé :
During the First World War, the Russian government confiscated, seized, or sequestered a large part of the property belonging to the subjects of the Central Powers in the Russian Empire. After the collapse of the empire and the formation of the Ukrainian state, its leadership faced the question of returning the seized property to its former owners. The article examines the position of the governments of the Ukrainian People’s Republic and the Ukrainian State regarding the ways to resolve this issue. The republican and hetman governments of Ukraine (1918) viewed differently the post-war restoration of property rights of the subjects of the Central Powers, which were limited, violated or canceled during the First World War. The socialists leading the Ukrainian People’s Republic considered it necessary to return lost property to foreign citizens, with the exception of what was subject to the legislation on property socialization, namely, land plots «with their waters, above-ground and underground wealth» (i. e., mines, reservoirs, forests etc.). The Hetman government, upholding the principle of the inviolability of property rights and canceling socialization, intended to restore foreign property in Ukraine on the basis it had existed before the start of the World War, and took initial practical steps for this process. Institutions managing the confiscated property were ordered to stop all measures aimed at the liquidation or sale of the confiscated property. They were not allowed to conclude agreements on use or transfer of such property. They had to provide reports on the management of the property (especially on expenses and profits) at the request of the owners or their representatives acting solely for the benefit of the owner. In September 1918, the draft law on institutions designed to consider appeals from foreign subjects regarding the return of confiscated property («Regulations on District Commissions in the Matter of Restoration of Property Rights of German, Austro-Hungarian, Bulgarian and Turkish Subjects») was completed. According to this document, it was planned to create four commissions – in Kyiv, Kharkiv, Odesa and Katerynoslav. Their composition was to be made up of representatives of the judicial authorities, the State Control, the Ministries of Agriculture, Trade and Industry, and Finance. The overthrow of the Hetman government at the end of 1918 prevented these initiatives from being fully implemented.
18
Davis, G. G. « War of the words : intellectual property laws and standardization ». IEEE Micro 13, no 6 (décembre 1993) : 19–27. http://dx.doi.org/10.1109/40.248049.
Texte intégral
19
Evans, David S., Adam Thierer et Wayne Crews. « Who Owns Ideas ? The War over Global Intellectual Property ». Foreign Affairs 81, no 6 (2002) : 160. http://dx.doi.org/10.2307/20033353.
Texte intégral
20
Tomba, Massimiliano. « SOCIAL PROPERTY IN THE COCHABAMBA WATER WAR, BOLIVIA 2000 ». Angelaki 28, no 1 (2 janvier 2023) : 73–86. http://dx.doi.org/10.1080/0969725x.2023.2167785.
Texte intégral
21
Kashyntseva, Oksana, et Yaroslav Iolkin. « Intellectual Property as a Part of State Biosafety in Healthcare : disputable issues and identification of key areas of research in wartime ». Theory and Practice of Intellectual Property, no 3 (9 août 2022) : 89–96. http://dx.doi.org/10.33731/32022.262634.
Texte intégralRésumé :
Keywords: intellectual property, biosafety, biosecurity, healthcare, biotechnology, medicines,TRIPS flexibilities, TRIPS security exceptions
The Decree of the President of Ukraine of December 17, 2021 approved theStrategy of Biosafety and Biological Protection (hereinafter — the Biosafety Strategy),which radically changed the approach to defining the concept of biosafety of the state.Prior to the adoption of the Biosafety Strategy, which was developed in response to thechallenges of the COVID-19 pandemic, biosafety has been considered only as a componentof environmental protection with a focus on limiting the use of genetically modifiedorganisms. Instead, the pandemic of COVID-19 and the war posed new challenges to society,including the necessity to identify and to determine the content of legal institutionsthat can ensure the biosafety of the state in the field of healthcare.Even in the pre-war period, the necessity of relevant scientific research was approvedat the level of the National Academy of Legal Sciences of Ukraine with the determiningof the scientific field “Intellectual Property as a component of biosafety of statesin the field of health care”. The study had been started in January 2022 on thebasis of the Department of Intellectual Property and Human Rights in the Field ofHealthcare of the Intellectual Property Scientific Research of National Academy ofLegal Sciences of Ukraine (hereinafter — the Institute). The leaders of the scientificresearch are the Director of the Institute Dr Oleksandr Doroshenko and the Head ofthe department Dr Oksana Kashyntseva.However, the beginning of the active phase of the war on February 24, 2022 set newchallenges, adding to the challenges of the pandemic the challenges of war. Today, expertsof the Institute are part of the working group to develop a Recovering Plan ofUkraine's from the effects of the war for 2022–2032 particularly in Healthcare System.At the State level, the Intellectual Property possess the proper effective instrument toensure the biosafety.
22
Tobroni, Faiq, et Fatma Amilia. « AGAMA DAN HAK MILIK SEBAGAI SPIRIT PERLAWANAN RAKYAT SEMESTA DALAM PERANG DIPONEGORO ». Dinamika Penelitian : Media Komunikasi Penelitian Sosial Keagamaan 19, no 2 (20 janvier 2020) : 326–48. http://dx.doi.org/10.21274/dinamika.2019.19.2.326-348.
Texte intégralRésumé :
The causes of the Diponegoro War or the Java War often get a disproportionate reading. Amongs are the assumptions that interpret the war as Diponegoro's struggle to protect his personal interests (land security) or also the presumption that saw the war to establish an Islamic state. This assumption turned out to be very contradictory to the process of the war. In the war that occurred for five years (1825-1830 AD), it turned out that the backbone of the Diponegoro army was ordinary people (not the army of the Ngayogyakarta Palace). This fact suggests that the war was a universal people's defense consisting of several layers of society (santri, jawara, nobility, etc.). This fact undermines the assumption that the cause of war is religious exclusivism and the interests of Diponegoro's personal priperty. By conducting library research through reading the Volume 1-4 of the Diponegoro Chronicle of Manado and other relevant main works, the researcher found that the causes of the war included the struggle to defend the honor of religion and the state which was symbolized in the public interest. The religious aspect is aimed at the spirit of sub-fertilizing religious elements in the form of resistance to tyrannical actions and the practice of immorality. The public interest is addressed by the spirit of struggle for the property right that is transformed into a spirit of resistance to extortion with an offer of prosperity. The land conflict and the demolition of Diponegoro's residence in Tegalrejo became a symbol of the seizure of property rights which had actually been in the form of extortion to the people in the name of taxes. The feeling of the same boat aroused awareness of ordinary people, santri, jawara and Diponegoro supporters to fight together (universal people's struggle). Keywords: Diponegoro War, Religion, Property Rights, Universal People's Struggle.
23
Eppinger, Monica. « Cold-War Commons : Tragedy, Critique, and the Future of the Illiberal Problem Space ». Theoretical Inquiries in Law 19, no 2 (14 août 2018) : 457–88. http://dx.doi.org/10.1515/til-2018-0024.
Texte intégralRésumé :
Abstract Major twentieth-century social theories like socialism and liberalism depended on property as an explanatory principle, prefiguring a geopolitical rivalry grounded in differing property regimes. This article examines the Cold War as an under-analyzed context for the idea of “the tragedy of the commons.” In Soviet practice, collectivization was meant to provide the material basis for cultivating particular forms of sociability and an antidote to the ills of private property. Outsiders came to conceptualize it as tragic in both economic and political dimensions. Understanding the commons as a site of tragedy informed Western “answers” to the “problem” of Soviet collective ownership when the Cold War ended. Privatization became a mechanism for defusing old tragedies, central to a post-Cold War project of advancing “market democracy.” Meanwhile, the notion of an “illiberal commons” stands ready for redeployment in future situations conceived as tragically problematic.
24
Togni, Andrea. « The War on Privacy – or, Privacy as a Strategy for Liberty ». Rivista Italiana di Filosofia Politica, no 3 (25 janvier 2023) : 243–59. http://dx.doi.org/10.36253/rifp-2025.
Texte intégralRésumé :
In the last chapter of The Ethics of Liberty, Rothbard discusses his theory of strategy for liberty, and recommends tools such as education that libertarians can lean on to attain the highest political goal of freedom. Building on Rothbard’s shoulders, the main thesis of this paper is that an effective theory of strategy for liberty cannot dispense with privacy, which needs to be understood as a condition for the enjoyment of liberty and not as a right per se. In the first section, the discussion is framed in the context of natural rights libertarianism. Then, a metaphysical taxonomy of property is provided, which articulates the functioning of property rights and privacy in the realm of the body and of the mind, in the realm of alienable goods and services, and in the realm of information. The third section deals with the war on privacy that is raging nowadays; not coincidentally, the ultimate enemy of this war is private property. The last part of the paper contends that Rothbard is correct in reducing privacy rights to property rights, but this doesn’t mean that privacy has no place in libertarian thought; on the contrary, privacy is one of the main conditions for the defense and preservation of property rights, and, in the case of information, property cannot even exist without it. If these theses are true, libertarians need to find a proper place for privacy in their theory of strategy for liberty.
25
Saardchom, Narumon. « Design Patent War : Apple versus Samsung ». South Asian Journal of Business and Management Cases 3, no 2 (24 novembre 2014) : 221–28. http://dx.doi.org/10.1177/2277977914548341.
Texte intégralRésumé :
High-technology companies that have brought innovation to the market also use their innovation to claim their intellectual property rights around the world. In 2011, Apple Inc. started to claim its design patent over Samsung Electronics Company in the Unites States (US) court and the disputes then expanded to more than 50 lawsuits in numerous courts around the world, and became a design patent war. The amount of damages in a US verdict was the largest design patent infringement jury award of all time—US$ 1.05 billion, the amount by which most companies would become bankrupt by a single infringement. A design patent war like Apple versus Samsung lawsuits showed that design patent has seized centre stage of modern battle. In addition, it signified that any company must seriously incorporate design patent issue into its intellectual property portfolio. The dispute also revealed an interesting unclear boundary of design infringement that could impact the level of legal risk for every related industry.
26
Md Azmi, Fatin Afiqah, et Nurul Hana Adi Maimun. « A Comparative Sequential Analysis of Thin Heritage Property Market ». 13th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 13, no 1 (16 juin 2022) : 1. http://dx.doi.org/10.35609/gcbssproceeding.2022.1(48).
Texte intégralRésumé :
The size of thin heritage property market in real numbers has become a big question amongst the researchers of the globe. This paper investigates a cut-off value towards the definition of thin market. The documentary method involves a consistently comparative sequential analysis in the study areas. The results emphasized on the clarification of the thin market that can be based on the transaction volume of the pre-war shophouses with the range of 2 to 13 transactions per year. The finding has demonstrated that Kota Bharu is categorized under thin market while Melaka Tengah and George Town are classified as thick markets. In this regard, government and private valuers as well as researchers should identify the size of heritage property market before making an assessment to avoid the inaccurate, unrealistic, and bias price. This paper provides an opportunity for future research in specifying an effective approach for heritage property valuation. Keywords: size of thin market, illiquid, property transactions, pre-war shophouses, heritage property valuation.
27
Viglini, Nicole. « "She Is a Very Smart Woman and a Great Trader" : Enslaved and Free Black Women's Property Claims and Entrepreneurship in the Antebellum South ». Journal of the Civil War Era 13, no 3 (septembre 2023) : 316–41. http://dx.doi.org/10.1353/cwe.2023.a905167.
Texte intégralRésumé :
Abstract: This article examines Black women's relationships to personal property in the antebellum era via the claims for compensation they submitted to the Southern Claims Commission. Formed by Congress in 1871, this commission was instituted to reimburse unionist Southerners in seceded states for property confiscated and appropriated by the US Army during the Civil War. These records not only reveal that Black women possessed considerable property before the Civil War; they also show how the women used credit as a survival strategy during the height of the domestic slave trade. They forged relationships of trust which were fundamental to the Southern economy, and their communities and families recognized their sole ownership of the property they earned through their skilled domestic labor. Leveraging their reputations as credible economic actors, Black women employed their property and entrepreneurial expertise to achieve a modicum of security. This helped them assert their stable places within Southern communities, even if those communities were defined by Black bondage and white capital accumulation.
28
Blum, Yehuda Z. « Restitution of Jewish Cultural Property Looted in World War II : To Whom ? » Leiden Journal of International Law 11, no 2 (juin 1998) : 257–64. http://dx.doi.org/10.1017/s0922156598000193.
Texte intégralRésumé :
The Hague Convention on Cultural property of 1954 prohibits the transfer by the occupier of cultural property from territory occupied by him. Under the Protocol annexed to the said Convention, the parties to it undertake to return cultural property transferred in contravention of the Convention to their countries of origin. These provisions arc clearly inadequate when dealing with Jewish cultural property looted by Nazi-Germany and its collaborators in the course of World War II. Jewish cultural heritage was usually considered as endangering the cultural heritage of the host nations and, consequently, subject to harassment and destruction. It would therefore seem inequitable to return looted Jewish cultural property (representing the cultural heritage of the Jewish people) to (those countries from which it was looted; the proper recipient of this heritage (also by virtue of the principle of self-determination) is the Jewish people represented by the State of Israel and the major contemporary Jewish communities around the world.
29
Oldroyd, David, Thomas Tyson et Richard Fleischman. « Contracting, property rights and liberty ». Accounting, Auditing & ; Accountability Journal 31, no 6 (20 août 2018) : 1720–48. http://dx.doi.org/10.1108/aaaj-08-2015-2202.
Texte intégralRésumé :
Purpose The purpose of this paper is to focus on the labour contract system (LCS) established by the Freedmen’s Bureau after the American Civil War to normalise relations between freed-slaves and their former masters and to uphold their rights as free citizens. In particular, it explains the lack of accountability of employers under the LCS and how this contributed to the system’s failure. Design/methodology/approach The paper adopts an archive-based approach to develop and illustrate the labour contracting relationship between freed-persons and property owners and the role accounting played in sustaining this relationship in the immediate post-bellum period. Findings The paper finds that the LCS was coercive compared to contemporary business practice in the USA; did not conform to the high ideals of contracting as portrayed by the abolition movement; and was adopted by default rather than design. In the event, the reluctance of the federal government to infringe individual autonomy by imposing an over-arching system of regulation to hold employers to account for upholding their contractual obligations prevailed over the desire to defend the freed-people’s property rights. Research limitations/implications This research examines the relationship between labour contracting and property rights as well as the role of accounting in sustaining racial prejudice against freed-persons after the American Civil War. As in many archive-based studies, illustrations are selective and not randomised. Originality/value The paper examines the various accountings and accountabilities within the LCS in the context of the underlying ideological tensions and priorities in post-conflict US society.
30
Virchenko, Volodymyr, et Vira Virchenko. « PROSPECTS AND CHALLENGES OF INTELLECTUAL PROPERTY COMMERCIALIZATION DEVELOPMENT DURING THE WAR IN UKRAINE ». THEORETICAL AND APPLIED ISSUES OF ECONOMICS, no 48 (2024) : 31–43. http://dx.doi.org/10.17721/tppe.2024.48.4.
Texte intégralRésumé :
The paper focuses on studying the nature, current state, challenges and risks of economic turnover of intellectual property during wartime, and also on identifying the prospects for the development of intellectual property commercialization in the context of the economic recovery of Ukraine. The essence and main stages of intellectual property commercialization are analyzed, including acquisition of intellectual property rights, intellectual security provision, valuation of intellectual property rights, planning of the commercialization process, development of depreciation and accounting policies, resource mobilization, manufacturing of innovative products, extracting value added from the market through the sale of innovative products, and analysis of commercialization performance. The authors demonstrate that the introduction of intellectual property objects into commercial activity allows enterprises to technologically upgrade production and generate economic profit by creating and selling innovative products with new consumer characteristics that are able to meet new customer needs, which gives companies an advantage over competitors in the modern globalized markets. The current state and dynamics of intellectual property sphere in Ukraine in the pre-war period and during the full-scale war are investigated. The article shows that russia's full-scale invasion of Ukraine led to an average 40% reduction in the number of applications for registration of intellectual property rights in 2022. Despite the fact that in 2023 the number of applications increased by an average of 47%, it was still not possible to reach the pre-war levels of registration activity. The main challenges and risks of intellectual property commercialization in wartime are identified, including the deterioration of the investment climate, which hinders the fundraising for intellectual property commercialization projects; the reduction of intellectual potential due to the migration of more than 5 million Ukrainians abroad; the objective inability of the state to support innovative companies in Ukraine in the face of a budget deficit. The authors prove that even in the face of existing challenges, active commercialization of intellectual property can enable Ukraine to create new workplaces, realize its innovative potential, upgrade manufacturing facilities, and launch modern products with new high-quality features that can ensure the competitive position of domestic companies in global product markets.
31
Kronda, Olha, Olena Chomakhashvili, Olena Ponomarova, Oksana Kashyntseva et Inha Kryvosheina. « The role of intellectual property in the post-war development of the health care sector ». Cuestiones Políticas 41, no 78 (28 août 2023) : 829–44. http://dx.doi.org/10.46398/cuestpol.4178.55.
Texte intégralRésumé :
Understanding the role and necessity of the use of intellectual property in the field of medicine is the basis for the proper development of this field in the postwar period, as well as for the entire healthcare system. Therefore, the purpose of the study was to determine the impact and prospects of the use of intellectual property in the development of the Ukrainian health sector, post-war. The methodological basis of the work consists of general and special scientific methods: analysis and synthesis, generalization, dialectical, axiological, legal-formal, legal-comparative and structural system. The result of the work shows the necessity of using heterogeneous objects of intellectual property, in particular, those in the field of copyrights and patents, for adequate reform and effective modernization of the health sector. It is concluded that intellectual property is designed not only to ensure the property and non-property interests of the subject of the specified property, but, in addition, is intended to ensure the needs of society in general in the appropriate sphere, where the objects of intellectual property find their concrete application.
32
Yi-Shiuan Chen, Yayut, Da-Wei Kuan, Sandie Suchet-Pearson et Richard Howitt. « Decolonizing property in Taiwan : Challenging hegemonic constructions of property ». Environment and Planning D : Society and Space 36, no 6 (18 septembre 2018) : 987–1006. http://dx.doi.org/10.1177/0263775818799751.
Texte intégralRésumé :
Indigenous Tayal experiences of dispossession in Taiwan reflect a familiar pattern of state-sanctioned property rights precluding recognition of Indigenous rights. This paper examines Tayal customary institutions and how they have governed, and continue to govern, land interests in customary domains. In an agricultural economy encompassing patterns of mobility and long-term movement between areas, Tayal people maintain continuing rights in land that is not currently or permanently occupied or used. However, following Second World War and Taiwan’s occupation by the Chinese Nationalist Kuomingtang party, a new system of individually registered property titles was established, only allowing registration of individual land in settled fields that were occupied and cultivated. Interests in fallowed land were not registrable and such land was reclassified as State property. The system’s enforcement in the 1950s was central to the dispossession and non-recognition of Tayal rights and parallel discourses making Indigenous people invisible. We argue that unpacking the ontologies behind hegemonic understandings of property in Taiwan offers ground for recognizing the plurality, messiness and openness that articulate contestations over time, space and property. In the context of Taiwan’s 2016 Presidential Apology to Indigenous citizens, we conclude that contested constructions of temporality and spatiality are fundamental to challenging Indigenous dispossession.
33
Leheza, Yevhen, Larysa Yerofieienko et Volodymyr Komashko. « Peculiarities of legal regulation of intellectual property protection in Ukraine under martial law : administrative and civil aspects ». Revista Justiça do Direito 37, no 3 (30 décembre 2023) : 157–72. http://dx.doi.org/10.5335/rjd.v37i3.15233.
Texte intégralRésumé :
The purpose of the research is analyses the legal regulation of intellectual property in Ukraine under martial law. It has been established that proper public administration of the intellectual property portfolio under the conditions of martial law in Ukraine is particularly relevant to avoid problems with potential court cases in the future. It is also substantiated that the preservation of data is relevant for protection and enforcement of intellectual property rights in Ukraine in the post-war economy. Methodology: The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis, meta-analysis, etc. Conclusions. The article emphasizes that “Ukrpatent”, which fulfills the powers of the National Intellectual Property Authority in the field of intellectual property, continues to work in the conditions of a full-scale war of the Russian Federation against Ukraine, while ensuring the relevant functions and continuous operation of the state system of intellectual property legal protection. As a result, it was established, based on the analysis of data from “Ukrpatent”, that the number of registered objects of industrial property in Ukraine for the first half of 2023 compared to the first half of 2022 is 75%, which indicates a good result for wartime.
34
Ryška, Ivan. « Military Necessity and Cultural Heritage Protection in Laws of War : Historical Overview ». International and Comparative Law Review 21, no 2 (1 décembre 2021) : 187–211. http://dx.doi.org/10.2478/iclr-2021-0018.
Texte intégralRésumé :
Summary The article examines the development of the concept of military necessity in relation to cultural property. Starting from 18th century and Emmerich de Vattel it continues to codifications of International Humanitarian Law in 19th century and finally focuses on 1954 Hague Convention and its 1999 Second Protocol. The article underlines the most significant trends in the development and aims to illustrate increasing respect for cultural property during the conflict. In its final section it presents more current issues related to cultural property protection and armed conflict: inclusion of human rights protection and matter of dual-use objects. Both questions are introduced in decision of the International Criminal Tribunal for the Former Yugoslavia in Prlić et al. case that investigates destruction of Stari Most in Mostar. The decision shows that some new elements have to be considered in assessment of military necessity related to cultural property.
35
Eberhard Tundang, Ronald. « US–China Trade War An Impetus for New Norms on Technology Transfer ». Journal of World Trade 54, Issue 6 (1 décembre 2020) : 943–60. http://dx.doi.org/10.54648/trad2020040.
Texte intégralRésumé :
This article argues that the trade dispute between United States (US) and China should be an impetus for new rules and norms regarding technology transfer at the World Trade Organization (WTO). Technology transfer is a desirable outcome under WTO rules, including the Trade-Related Intellectual property Rights Agreement. However, Trade-Related Aspects of Intellectual Property Rights (TRIPs) have failed to effectively promote and facilitate technology transfer. The problem lies in the nature of the intellectual property rights that TRIPs are intended to protect and enforce. Though necessary, by conferring exclusive rights to its holder, intellectual property rights have the unintended consequences of inhibiting competition and technology transfer. Furthermore, it may impede the transfer of technology from developed countries to developing countries where firms often lack the capacity to further innovate the technology it has acquired. This article proposes new norms at the WTO, in particular the TRIPs and SCM Agreement, to improve its efficacy in promoting and facilitating technology transfer.
36
Pouillard, Veronique, et Tereza Kuldova. « Interrogating Intellectual Property Rights1 in Post-war Fashion and Design ». Journal of Design History 30, no 4 (9 mai 2017) : 343–55. http://dx.doi.org/10.1093/jdh/epx014.
Texte intégral
37
Ely, James W. « Property Rights and the Supreme Court in World War II ». Journal of Supreme Court History 21, no 1 (juillet 1996) : 19–34. http://dx.doi.org/10.1111/j.1540-5818.1996.tb00032.x.
Texte intégral
38
Sert, Deniz. « Reversing Segregation ? The Property Restitution Process in Post-war Bosnia ». Ethnopolitics 10, no 2 (juin 2011) : 219–33. http://dx.doi.org/10.1080/17449057.2011.570984.
Texte intégral
39
Ely, James W. « Property Rights and the Supreme Court in World War II ». Journal of Supreme Court History 21, no 1 (1996) : 19–34. http://dx.doi.org/10.1353/sch.1996.0016.
Texte intégral
40
Tasev, Alexandra. « THE FUTURE OF INTELLECTUAL PROPERTY AS A WEAPON OF WAR ». Pace International Law Review 36, no 1 (24 février 2024) : 123. http://dx.doi.org/10.58948/2331-3536.1432.
Texte intégral
41
Kot, Serhii. « Polish-Ukrainian Dialogue on the Restitution of Cultural Property Displaced during World War II ». East/West : Journal of Ukrainian Studies 9, no 2 (26 octobre 2022) : 213–23. http://dx.doi.org/10.21226/ewjus756.
Texte intégralRésumé :
Negotiations between Ukraine and Poland concerning the return of lost treasures have been ongoing since the beginning of the 1990s. In total, during 1997–2020 six sessions were held of the Intergovernmental Ukrainian-Polish Commission for the Protection and Return of Cultural Property Lost and Illegally Displaced during World War II. However, no cultural objects have been returned to Ukraine or Poland. This article analyzes current Ukrainian-Polish intergovernmental relations on the return and restitution of cultural property lost in consequence of World War II, describes the accomplishments, and examines the problematic issues concerning mutual co-operation.
42
Ti, Haowei, Zhiyun Hu et Gang Bian. « Comparison between Sino-US Trade War and the Opium War of the Qing Dynasty ». International Journal of Trade, Economics and Finance 12, no 2 (avril 2021) : 58–61. http://dx.doi.org/10.18178/ijtef.2021.12.2.694.
Texte intégralRésumé :
The Sino-US trade war has become more and more fierce. From March 2018 to the present, China and the United States have begun to constantly increase tariffs and restrict each other. Negotiations are still going on and it seems that no real progress has been made. Soybean procurement, sanctions against Huawei, chip battles, intellectual property wars, and technology transfer have been escalated, and both sides of the trade have been affected to varying degrees. At the end of 2019, if all the tariffs in the Trump plan were implemented, it meant that almost all goods from China (worth about $550 billion) would be subject to punitive tariffs. First Opium War‘ Britain often called it the first Sino-British war or "commercial war". It was a war of aggression launched by Britain from China from 1840 to 1842, and it was also the beginning of modern Chinese history. In 1840, the British government used Lin Zexu's Humen cigarettes as an excuse to decide to send the expeditionary forces to invade China. In June 1840, the British warships arrived in the Pearl River Estuary in Guangdong, blocking the seaport, and the Opium War began. The Chinese and British sides signed the "Nanjing Treaty", the first unequal treaty in Chinese history. China began to rip land, indemnify, and negotiate tariffs to foreign countries. The Nanjing Treaty seriously endangered China's sovereignty. China began to become a semi-colonial, semi-feudal society, losing its independent status and promoting the disintegration of the natural economy.
43
JAMALUDIN, MOHAMAD HAFIZ, SURIATINI ISMAIL et AINA EDAYU AHMAD. « PEMBANGUNAN INDEKS HARGA HARTA TANAH WARISAN : KEDAI PRAPERANG (PW-SPI) PULAU PINANG, MALAYSIA ». International Journal of Creative Future and Heritage (TENIAT) 9, no 1 (31 mars 2021) : 69–93. http://dx.doi.org/10.47252/teniat.v9i1.399.
Texte intégralRésumé :
Abstrak Pengiktirafan Bandar George Town sebagai Tapak Warisan Dunia (TWD) UNESCO telah membawa kepada usaha pemuliharaan harta-harta warisan seperti pelaksanaan Pelan Pengurusan Warisan dan pewartaan Akta Warisan Kebangsaan 2005. Antara elemen warisan yang perlu dipelihara berkaitan harta tanah ialah kedai pra-perang. Kedai pra-perang merupakan kedai yang telah dibina dan dibangunkan sebelum perang dunia pertama pada tahun 1914. Ciri-ciri warisan yang ada pada kedai pra-perang perlu dipelihara dari segi ciri fizikalnya. Walau bagaimanapun, dengan arus pembangunan yang semakin pesat, semua usaha ini perlu penglibatan para pelabur dalam sektor harta tanah. Justeru, objektif kajian ini adalah untuk membangunkan Indeks Harga Kedai Praperang Pulau Pinang (PW-SPI) bagi mewujudkan indikator yang dapat membantu para pelabur dalam membuat keputusan pelaburan dalam pasaran harta tanah praperang. Kajian ini melibatkan pembangunan PW-SPI menggunakan Model Hedonik Laspeyres. PW-SPI yang dibangunkan membolehkan perbandingan secara grafik dibuat ke atas pergerakan harga harta tanah warisan di Pulau Penang. Ia menunjukkan bahawa bagi tempoh 2008-2014, harta tanah kedai praperang di Pulau Pinang mempunyai pertumbuhan harga yang lebih baik berbanding kedai bukan praperang. Kajian pertama di Malaysia berkaitan indeks harga harta tanah warisan ini boleh diulang dengan melibatkan kawasan geografi yang lebih luas. Ini kerana ia terbukti dapat membantu para pelabur dalam membuat keputusan pelaburan berkaitan harta tanah kedai praperang melalui perbandingan. AbstractThe recognition of George Town City as a World Heritage Site (TWD) UNESCO has led to the conservation efforts such as the implementation of the Heritage Management Plan and the publication of the National Heritage Act 2005. Among the elements of heritage that need to be preserved in relation to property are pre-war shops. Pre-war shops are shops that were built and developed before the first world war in 1914. The pre-war shops need to be preserved in terms of its physical features. However, with the rapid development trend, implementing this goal needs the involvement of investors in the real estate sector. Thus, the objective of this study is to develop the Penang Pre-war Shop Price Index (PW-SPI) in order to create an indicator that can help potential investors in making investment decisions related to the pre-war property market. PW-SPI was developed using the Laspeyres Hedonic Model. The developed PW-SPI has enabled a graphical comparison be made about heritage property price movement in Penang. It indicates that for the period 2008-2014 the pre-war shops in Penang had better price growth than the non pre-war shops. This earliest study of heritage property price index in Malaysia could be replicated to include data of other geographical areas. It is shown that it can help potential investors in making investment decision related to heritage property of shophouse through graphical comparison.
44
Stryjkowska, Sylwia. « Wpływ II wojny światowej na poszukiwanie rozwiązań prawnych w zakresie ochrony dóbr kultury ». Przegląd Archiwalno-Historyczny 7 (2020) : 105–21. http://dx.doi.org/10.4467/2391-890xpah.20.005.14639.
Texte intégralRésumé :
Artykuł ukazuje zmiany, jakie nastąpiły w systemie prawnej ochrony dóbr kultury po zakończeniu II wojny światowej. Konflikt ten przyczynił się do bezprecedensowych strat w zasobach kulturowych, by następnie stać się punktem wyjścia do prac nad narzędziami prawnej ochrony dziedzictwa kulturalnego. Ukazując proces kształtowania się rozwiązań prawnych w tym zakresie, szczególną uwagę zwrócono na Konwencję w sprawie ochrony dóbr kultury w razie konfliktu zbrojnego podpisaną w 1954 r. w Hadze, która stanowiła pierwszy wymierny przejaw intensyfikacji współpracy międzynarodowej, jaka po II wojnie światowej nastąpiła w obszarze ochrony dóbr kultury. Uwagę poświęcono nadto metodom reparacyjnym służącym powetowaniu doznanych w konflikcie strat kulturalnych. The impact of the Second World War on the process of seeking legal solutions in the field of cultural property protection The article demonstrates changes chich occurred in the system of legal protection of cultural property after the Second World War. This conflict caused unprecedented cultural losses, and became the starting point for work on solutions aiming at legal protection of cultural heritage. The importance of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is particularly highlighted. The convention was the first concrete evidence of intensified international cooperation that occurred after the Second World War in the area of cultural property protection. The article also presents approaches to reparations for cultural losses sustained during the conflict.
45
Ponomarova, Olena. « Ensuring access to treatment for victims of sexual violence as part of the state biosecurity ». Theory and Practice of Intellectual Property, no 6 (27 février 2023) : 72–78. http://dx.doi.org/10.33731/62022.274653.
Texte intégralRésumé :
Keywords: intellectual property rights, access to treatment, medicines, sexual violence,humanitarian disaster, war, biosafety
The article focuses on solving the problems of accessto medicines, medical devices in the realities of wartime by the mechanisms of intellectualproperty rights to ensure the biosecurity of the state. As of today, part of the south andeast of Ukraine is under temporary occupation, where war crimes, in particular (sexualviolence/rape) are committed. A victim of sexual violence may need emergency medicalcare for fractures, soft tissue injuries and other injuries, but also needs means of preventingsexually transmitted infections. Committed war crimes: sexual violence, poses agreat danger to the biological security of the country. The provision of medical care andaccess to prevention methods for sexually transmitted infections, hepatitis B and HIV,pregnancy prevention, are all threats to biosecurity, which will lead to the spread of infectiousdiseases and HIV. Ukraine, as a member of the TRIPS Agreement, aiming to treat or provide preventionto a larger number of victims of sexual violence, in accordance with Article 39(3) of theTRIPS Agreement, has legal opportunities to ensure the right to life and health of victims,and therefore to provide access to treatment for post-exposure prophylaxis of HIV,prevention of pregnancy, prevention of sexually transmitted diseases through the mechanismof intellectual property rights, namely to increase the availability of generic antiretroviraldrugs in accordance with the requirements of the TRIPS Agreement. Intellectual property rights play an important role in times of war in expanding accessto medicines and medical devices. It is significant to emphasize the importance andtimeliness of applying the mechanisms of limitation of intellectual property rights tosave people's health, as war is one of the factors that allows a TRIPS Agreement Memberto use Article 73. Article 73 of the TRIPS Agreement provides for security exceptions thatMember States may invoke to defend their non-compliance with the TRIPS Agreement.This provision is unique in the context of international intellectual property law. The applicationof such mechanisms will allow the state to treat more people who need immediateprevention and treatment. In our opinion, the application of this provision means theapplication of the security exception to suspend the rights of patent holders to facilitateeither the import or local production of essential medicines and medical devices.
46
Verri, Pietro. « The condition of cultural property in armed conflicts (II) : From Antiquity to World War II ». International Review of the Red Cross 25, no 246 (juin 1985) : 127–39. http://dx.doi.org/10.1017/s0020860400024529.
Texte intégralRésumé :
This period was characterized by the inception and development—which was later intensified, especially after World War II—of the international codification of the law of war, which was thus no longer exclusively customary.
47
Schmidt, David P. « Intellectual Property Battles in a Technological Global Economy : A Just War Analysis ». Business Ethics Quarterly 14, no 4 (octobre 2004) : 679–93. http://dx.doi.org/10.5840/beq200414440.
Texte intégralRésumé :
Abstract:War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect of this battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of Open Source Software. This paper’s use of three just war criteria—Just Cause, Right Intention, and Discrimination—illustrates how the just war tradition can raise the level of ethical awareness about the intellectual property wars that continue to rage in the technological global economy.The division between the two [open source and free software] is often bitterly contested, both from inside and outside the communities. The holiest of holy wars are not fought over word processors, operating systems, or compilers. They are all about software licenses.—Joe Barr
48
Greenfield, Jeanette. « The return of cultural property ». Antiquity 60, no 228 (mars 1986) : 29–35. http://dx.doi.org/10.1017/s0003598x00057598.
Texte intégralRésumé :
The seventeenth and eighteenth centuries bore witness to the zenith of the European art of 'collecting' antiquities. The second half of the nineteenth century saw the beginnings of systematic archaeological techniques of excavation, field survey, conservation and protection. It saw what Professor Seton Lloyd has called the 'birth of a conscience' regarding the expropriation of antiquities from other countries. In the twentieth century the idea has emerged that cultural property is a matter of international concern, as being part of the 'heritage of mankind'. This concern has centred around looting from and destruction of archaeological sites, cultural heritage, the illicit traffic of art in the international market, and the return of cultural property. ildditional controls have been sought to establish the protection of cultural property in time of war as well as peace.
49
Colwell–Chanthaphonh, Chip, et John Piper. « War and Cultural Property : The 1954 Hague Convention and the Status of U.S. Ratification ». International Journal of Cultural Property 10, no 2 (janvier 2001) : 217–45. http://dx.doi.org/10.1017/s0940739101771317.
Texte intégralRésumé :
In May of 1954, the Convention for the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) was adopted in an attempt to curb the destruction of movable and immovable cultural property during war. Recent conflicts, such as the continuing war in the Balkans, remind us that the Hague Convention is as relevant today as it was fifty years ago. Although this Convention is the most comprehensive and internationally recognized treaty to protect cultural property in time of war, the United States remains one of the few signatories that has yet to ratify it. In January 1999, former President William J. Clinton forwarded the Hague Convention to the Senate with the recommendation that it ratify the Convention and part of Protocol I. Although this presented perhaps the first real opportunity in nearly half a century for the United States to join one hundred countries and ratify the Hague Convention, its fate remains uncertain. Generally oriented towards the United States' policy and practice, this article broadly discusses the Hague Convention, its history, its weaknesses and strengths, and the current status of U.S. ratification.
50
Howland, Douglas. « Contraband and Private Property in the Age of Imperialism ». Journal of the History of International Law / Revue d'histoire du droit international 13, no 1 (2011) : 117–53. http://dx.doi.org/10.1163/157180511x552063.
Texte intégralRésumé :
AbstractA belligerent declaration of war binds all of its subjects, so that merchants of a belligerent state are forbidden from trading with the enemy. But when a neutral state declares neutrality, that act does not bind all subjects of the neutral state. Neutral merchants are free to trade with belligerents – even in contraband, at their own risk. This essay examines international negotiations over contraband during the first decade of the 1900s while highlighting, in particular, the contradiction between the wish to maintain belligerent rights to determine contraband and to capture it on the high seas and, at the same time, to uphold neutral rights of free trade, which meant protecting private property in trade, including contraband. This asymmetry of the rules of contraband demonstrated that war is not a relation exclusively between states and, as a consequence, some within the international community proposed making individuals subjects of international law or, as an alternative, making neutral states responsible for prohibiting their subjects from trading contraband.