Pieter Van Cleynenbreugel
This chapter identifies and distinguishes four different types of scholarship and policymaking on the relationship between competition law and innovation. Scholarship varies to the extent that it considers innovation to be an exogenous or external value to the competition law protection framework and conversely an endogenous or internal value. In addition, different scholars frame innovation either as a positive or a negative value that needs to be addressed by (competition) law. Distinguishing those different kinds of scholarship, the chapter offers a framework in which the different chapters throughout the volume can be understood better.
The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.
Edited by Richard Clements, Ya Lan Chang, Kaara Martinez and Patrick Simon Perillo
Margaret Ann Wilkinson
Patent, copyright and trademarks (the ‘classic intellectual property triad’) balance monopoly interests with the contributions such monopolies make to dissemination of knowledge. It may be argued that more recent additions to the intellectual property (IP) canon, such as moral rights, and protection of business confidences (the ‘modern IP devices’) do not encourage dissemination of knowledge but rather give stakeholders perpetual control over certain knowledge. This chapter argues that the key to balancing stakeholders’ interests within IP as new technologies emerge is recognising that the classic IP triad worked effectively in the beginning only because there was then no legal separation between individuals and their businesses. This chapter argues that the differentiation of individuals from corporations, and the eventual dominance of the corporate form in business, is the leading cause of current tensions in IP law. The emergence of new technologies is exposing these tensions even more clearly but is not itself their cause.
Michael H. Morris, Susana C. Santos and Xaver Neumeyer
The extent of poverty and the poverty challenge in developed economies is examined. Emphasis is placed on poverty as a characteristic not of a person but a person’s situation. Attention is devoted to the complex and multi-dimensional nature of poverty. Situational and generational poverty are distinguished from one another. Characteristics of the poor are summarized. The individual, community and societal implications of poverty are explored with a focus on the real benefits of finding ways to reduce the numbers of poor people. Challenges in escaping from poverty are investigated, together with the inadequacies of current solutions to these challenges. Entrepreneurship is introduced as an alternative and potentially complementary solution.
This chapter considers the experience of the Open University UK as it has moved from a distance correspondence model to online provision and how it is looking to the future as a digital provider, in a context of changing government policy and a consequent decline in its core learner base. It explains why the characteristics of being an open, distance and part-time learning provider have critical implications for pedagogy and uses two specific examples of technological interventions to enhance the student experience. The use of learning analytics is a fast-growing area which has prompted some ethical concerns but its use to stage interventions to support at-risk students has shown considerable value for working with both cohorts of, and individual, students. The second example, Student Hive Live, shows how a creative combination of digital technologies can support a sense of engagement and community which is sometimes difficulty to generate in a distance-learning context.
Like owners of landed property, states treat their territories as theirs. This means a view of the world as divided into territories: territorialism. Whether intergovernmental or supranational – ultimately a United States of Europe – thinking about the EU, and thus about European spatial planning, is predicated upon territorialism. But the Middle Ages knew a different order with overlapping jurisdictions. Neo-medievalism takes inspiration from this. The underlying notion of space is different in that it does not, as under territorialism, assume a mosaic of closed containers seamlessly filling space, much as plots of land fill a jurisdiction. Rather, it allows for spaces to overlap. Since the presumption of spaces being fixed is constitutive of our system of government, much as the EU construct, the implications are serious.