The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.
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Edited by Russell Sandberg, Norman Doe, Bronach Kane and Caroline Roberts
Edited by Ed Couzens, Tim Stephens, Evan Hamman, Cameron Holley, Saiful Karim, Kate Owens and Manuel Solis
Erika J Techera and Madelaine Cannell-Lunn
Maldives is a small island developing State in the Indian Ocean comprised of multiple low-lying, sandy islands and coral reefs. It has a long history of human occupation and dependence on the environment, particularly the ocean, for food, resources and trade. Maldives continues to rely upon nature through tourism and fisheries. Conservation and sustainable use of the environment and its resources is therefore of paramount importance to Maldives. In response to growing environmental pressures, including climate change, the State has engaged at global and regional levels, ratifying treaties and participating in key international institutions. It has also developed national law and policy, as well as relevant plans and strategies focused on sustainability. Despite this activity, relatively little legal research has focused on this jurisdiction. This article aims to contribute to the literature on Maldives by exploring environmental, fisheries and tourism laws and policies, analysing current legislative developments and making tentative recommendations in areas where governance could be enhanced.
We are now accustomed to thinking of the Holocene as an epoch that we have left behind. But from what perspective do we close the Holocene and begin describing the Anthropocene? Academic disciplines have their own geology: epistemic or medial strata, sediments or condensations, which condition the apprehension and communication of fresh insight. The phrase ‘Holocene jurisprudence’ draws attention to a particular epistemic sediment: the figure of appropriation or ‘taking’, which is reactivated in many critical commentaries on the Anthropocene. And if, speaking figuratively, one were to identify an index fossil that compellingly expresses the epistemic traditions and potentialities that are sedimented into the Euro-American figure of appropriation, then Carl Schmitt's Nomos of the Earth would be a good candidate.
Massimo La Torre, Leone Niglia and Mart Susi
This book’s aim is to take seriously the legal theoretical thesis that the law has a double dimension: a ‘real’ or ‘conventional’ dimension, which is somehow a matter of course and a reflection of the concrete legal practice in the world of facts, and an ‘ideal’ or ‘normative’ dimension, which one finds in the aspi¬rations and claims that accompany that same legal practice and facts. Law is factual, but it is also ideal and/or normative, and this is in the common percep¬tion of citizens and legal practitioners related to a notion of justice. This double dimension of law has been articulated in different ways by several philoso¬phers of law and legal scholars, and has recently found a powerful elaboration in Professor Robert Alexy’s theory of the nature of law. In this book we take as a starting point Professor Alexy’s proposal and at the same time attempt to present an original discussion about law and rights. As a matter of fact it is legal rights and principles that best express what is commonsensically meant by the ideal and normative dimensions of law.
Mark A. Drumbl and Jastine C. Barrett
Throughout history, armed conflict has ensnared children. On occasion such children have been lauded as heroes or, at least, praised for their martial courage in the darkness of desperate times. Increasingly, however, the involvement of children in armed conflict is no longer seen as unbecoming or an anguished last stand but, instead, as flatly impermissible with the affected children projected as afflicted victims. Global consciousness has shifted. The drift of international human rights law, international criminal law and international humanitarian law both reflects and hardens this shift. The relationship of the child with armed conflict has migrated from one informed by ethics, needs and morality to one regulated by law, rules and public policy. The international community is progressively moving towards a position where the conscription, enlistment or use in hostilities of persons under the age of 18 – in particular by armed groups but also increasingly by armed forces – is seen as unlawful. Many activist and humanitarian groups commit to the cause of ending child soldiering. UNICEF and other United Nations (UN) organs have deeply invested themselves in this mission as well. In 1996, pursuant to a UN General Assembly resolution, Graca Machel of Mozambique submitted a ground-breaking report entitled Impact of Armed Conflict on Children (widely known as the Machel Report). The Machel Report firmly put children and violent conflict on the international agenda and has had considerable social constructivist influence. In light of one of its recommendations, for example, the Office of the Special Representative on Children and Armed Conflict was established within the UN system. The UN Security Council, generally fractured, has unified to issue 12 resolutions over the past two decades on children in armed conflict. The focus of law- and policymakers has further expanded to address the place of children in terrorist groups and to interrogate how counter-terrorist strategies and initiatives should approach such children.