Maurice Adams, Jaakko Husa and Marieke Oderkerk
Janet E. Milne
A consumer survey, as an instrument used to gather data on the beliefs and attitudes of consumers towards trademarks or products, is considered to have vital influence in trademark litigation. In recent years, courts have come to rely increasingly on the results of surveys conducted by one or both litigants in trademark lawsuits. The practical issue for trademark litigants is determining whether, when and how to develop survey evidence, given the cost, time, and other constraints. To shed light on this specific issue, we undertook a statistical analysis of trademark infringement cases in China. By examining 17 836 cases decided by China's courts over a 16-year period from 2001 through 2016, this article presents an empirical study assessing the statistical relationship between the presentation of survey evidence and case outcomes. The goal of our study is to help trademark litigants to determine the importance and value of presenting consumer surveys in trademark infringement case and make more informed decisions about their litigation strategies.
Roger E.A. Farmer
This paper explains the connection between ideas developed in my recent books and papers and those of economists who self-identify as post-Keynesians. My own work is both neoclassical and ‘old Keynesian.’ Much of my published work assumes that people have rational expectations and that ‘animal spirits’ should be modeled as a new fundamental. I adopt a general equilibrium framework to model the macroeconomy. But although I write from a neoclassical tradition the themes I explore in my published writing have much in common with heterodox economics. This paper explains the common elements between these seemingly disparate traditions. I make the case for unity between post-Keynesian and general equilibrium theory under the banner of post-Keynesian dynamic stochastic general equilibrium theory.
Sebastian Gechert, Torsten Niechoj, Engelbert Stockhammer, Achim Truger and Andrew Watt
Edited by Johanna Gibson
Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio
Righting Wrongs after Conflict
Lea Brilmayer, Chiara Giorgetti and Lorraine Charlton
International Mass Claims Commissions (IMCCs) are ad hoc bodies whose structure, jurisdiction, procedure and ability to provide remedy vary considerably. Chapter 1 analyses their common features, including the fact that IMCCs are ad hoc binding dispute resolution mechanisms, which are structured and act like judicial bodies. They are created after an event of international relevance, and are international law instruments which engage the responsibility of states. The chapter clarifies the differences between IMCCs and other similar domestic and international mechanisms that may share some, but not all, of the characteristics of IMCCs. It offers an historical overview of IMCCs and an initial introduction to the most relevant modern examples of IMCCs, including the Iran–US Claims Tribunal, the United Nations Compensation Commission and the Eritrea–Ethiopia Claims Commission. List of Keywords: definition of claims commission, characteristics of claims commissions, differences between IMCCs and other similar instruments, historical IMCCs, Iran–US Claims Tribunal, United Nations Compensation Commission and the Eritrea–Ethiopia Claims Commission.
Challenges and Perspectives
Chapter 1 presents the theoretical premises upon which the book is based. It invokes and exploits critical theory by focusing on the binary constructions permeating the law of treaties discourse, such as the tension between individualism and collective interest, the juxtapositions between esoteric and manifested intent and the oscillation between the negotium and the instrumentum. The delineation of the theoretical framework and the discursive techniques employed allows the showcasing of both the binary and transformational characters of those tensions, as well as how they shape the discussion on challenges to the treaty concept and the paradigm of state consent in the cases discussed further down in the book. Keywords: individualism; communitarianism; formalism; negotium; instrumentum; State consent; critical approach