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Edited by Alexandra Tsvetkova, Jana Schmutzler, Marcela Suarez and Alessandra Faggian

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Edited by Mellani Day, Mary C. Boardman and Norris F. Krueger

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Achieving Fiscal Sustainability

Edited by Naoyuki Yoshino and Peter J. Morgan

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Edited by Anja R. Lahikainen, Tiina Mälkiä and Katja Repo

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Law and Practice

Jeffrey Belson

Certification and collective marks are special forms of trademarks that ab initio are for the use of multiple sources, subject to the proprietor’s authorization. These marks engender particular issues of law and policy that are related to but distinct from the law and policy of ordinary (or ‘individual’) trademarks. A certification mark indicates that certain characteristics of the marked goods or services conform to particular standards. Collective marks attest primarily to membership of the individual source of the marked goods or services in a particular association such as a trade association. The ensuing chapters explore the historical development of both these types of marks, the connections between them, pertinent trademark law and practice, certifiers’ and membership associations’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. Key words: certification mark; collective mark; law; policy

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Multinationals: in theory and practice

A Narrative of Theory and Practice

Robert Pearce

Outlines the aims, themes and content/structure of the book (i) To track the development of a theory of IB that will allow the understanding and evaluation of MNEs as agents in the global economy. (ii) To trace the evolution of the MNE as an organisational structure that has changed through time in response to changes (institutional and technological) in the global economy. (iii) To point up the ways in which these two analytical strands have overlapped in mutually supportive and elucidatory ways. (iv) Provides and elaborates a definition of the MNE.

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Sherrill Shaffer and Laura Spierdijk

Decades of theoretical and empirical research have contributed numerous ways to measure competition and to compare the competitive impact of alternate regulatory policies and market environments. Several of the most convenient measures, unfortunately, are beset by very serious problems, while none are completely ideal. Faced with an ongoing and undiminished need to assess competition and market power nonetheless, we would advocate a focus on the scant handful of “least objectionable” measures. Among these, the Lerner index and the Rothschild–Bresnahan conduct index together provide complementary, well-established, easily understood measures that relate to policy-relevant aspects of market power according to formal underlying theoretical models of firms and industries. The latter approach is slightly more demanding with regard to data and estimation techniques, requiring nonlinear systems estimation except in a correlation version under additional assumptions; one tradeoff is that the correlation version yields only qualitative (rather than quantitative) conclusions about market power.

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Law and the new normal: reimagining property

Property, Power and Market Economies

Mark Findlay

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Michael J. Flynn and Matthew B. Flynn

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Eva Brems

The introductory chapter of the volume first introduces the concept of human rights integration and the methodology of rewriting. It then introduces the 15 rewritten opinions before analysing the contributors’ rewriting in terms of ‘what’, ‘how’ and ‘why’. In pragmatic terms, the implementation of human rights integration is expressed in the rewritten decisions mostly in terms of the introduction of references to external sources of human rights law (including soft law), in addition to some other sources of public international law. These include both primary sources (conventions, declarations), and the output of the monitoring bodies. The chapter gives an overview of these sources. It goes on to distinguish instances of implicit referencing from those of explicit referencing. Within the latter category the analysis of the rewrites reveals a range of different approaches. Finally, the chapter analyses contributors’ principled or pragmatic positions on human rights integration.