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Christophe Geiger, Craig Allen Nard and Xavier Seuba
Christophe Geiger and Elena Izyumenko
The present chapter provides the first comprehensive overview of the European Court of Human Rights’ case law on IP for the period since the Court’s inception until today. It results from an analysis of more than 90 such cases, many of which have never been discussed before in the literature. This comprehensive overview shows the emergence in Europe of a human rights framework for the intellectual property system, which – in combination with the increasing use of fundamental rights by national courts to solve private-party disputes – is gaining in coherence and relevance when framing the conception and use of IP law.
Lorenza Violini and Antonia Baraggia
As in Gogol’s quote, the arrival of a government inspector still elicits instant fear and worry in a number of countries – including Russia, and most of the former Soviet Union. Most of these inspectors nowadays, by contrast with Gogol’s, come to inspect and control not state institutions, but private ones, particularly businesses. ‘Inspectors’ and ‘inspections’ come under different names – ‘control’, ‘surveillance’, ‘supervision’ – so the notion may require ‘translation’ into the appropriate words for each country. The reality, however, in most parts of the world, is that inspections (under whichever name) are one of the most frequent and important ways in which businesses interact with state authorities. While scholars and governments often look at ‘regulations’ in an abstract way, businesses will typically relate more to their actual experience of regulations, which arises through procedures such as permits and licences, and through inspections – particularly if the latter are frequent, burdensome or otherwise problematic. This is not unique to regulations affecting businesses, and for most citizens ‘laws’ likewise are often distant abstractions, and are experienced primarily through concrete processes: obtaining documents, marrying or inheriting, and of course dealing with the police. Just as inspections can be seen as essential and beneficial, or as burdensome and inadequate, the police are to some an indispensable defensive wall against crime, to others a body that oppresses some citizens regardless of what they have done. Inspections and other enforcement practices are thus inherently ambiguous. Inspections and control are absolutely necessary for some, oppressive and hostile for others.
Nils A. Butenschøn
Presenting main academic discourses on Israel as an ‘ethnic’ state, ‘democratic’ state, and ‘Jewish’ state, Nils Butenschøn maintains that whereas the legal and institutional fabric of the State of Israel is ethnocratic in distribution of rights and resources, the state itself, just like Palestine, is still a state in the making, an unfinished state. He argues that the citizenship approach is sufficiently open in its theoretical orientation and precise enough as an analytical tool to capture the complexities of Israel as a state formation, and yet identify the distinct challenges this state poses in its relations with the various demographic groups that have claims to the territories under its current rule or control. The nature of these challenges can only be fully comprehended with a view to the extent, content, and depth of citizenship as premised by Zionism, the state ideology, and the historic conditions of the unfolding Palestine conflict.