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.
Edited by Richard Clements, Ya Lan Chang, Kaara Martinez and Patrick Simon Perillo
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.
Michael H. Morris, Susana C. Santos and Xaver Neumeyer
Edited by Israel Doron and Nena Georgantzi
Edited by David Levi-Faur and Frans van Waarden
Michael Webber, Jon Barnett, Brian Finlayson and Mark Wang
This chapter introduces the problem that this book addresses: how do societies come to be constructed in such a way that residents cannot drink the water that is supplied to them? The example of the supply of water to Shanghai is taken as a case through which to examine this question. Shanghai, it is argued, is an assemblage of interacting actors. This book examines the properties and characteristics of four principal actors: the hydro-geological conditions and rivers that provide water; the people, corporations and institutions within Shanghai who use and pollute the water; the institutions of central and other governments that regulate the use of the rivers and the discharges into them; and the infrastructures that governments and corporations have built to manage the river. The chapter concludes by outlining the organisation of the chapters through which the book addresses the question.