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Linda J. Silberman and Franco Ferrari

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Linda J. Silberman and Franco Ferrari

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Linda J. Silberman and Franco Ferrari

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Bardo Fassbender

The chapter deals with a question so far addressed only cursorily in the literature about concepts of international constitutionalism – the ‘writtenness’ of an international constitutional law. Can we assume the existence of an ‘unwritten’ international constitution, or does the very concept of a constitution in the modern sense require that a constitution is laid down in written form? The chapter discusses the importance of ‘writtenness’ in modern constitutionalism and addresses the ‘English exception’, that is, the absence, in the United Kingdom, of a document called ‘the constitution’. It concludes with a plea for taking the constitutional character of the UN Charter more seriously, arguing that the idea of an unwritten constitution of the international community does not provide a viable alternative.

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Gaetano Dimita

This chapter focuses on the implementation of Article 8 of the WCT and the relevant case law. It will be shown how the umbrella solution of the WIPO Treaties caused a different set of legal and interpretation issues, depending on the approach chosen for implementing them. In the European Union where Article 8 was implemented verbatim, the disputes concerned the definition of ‘communication’ and ‘public’. In the United States, where the legislator opted not to amend the Copyright Act, the disputes concerned the scope of the existing rights under Section 106 in light of the WIPO Treaties obligations. Keywords: making available, communication to the public, copyright, WIPO treaties, United States, European Union

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Pilar Cámara Águila

This chapter deals with the special features of Spanish Law, in relation to the ownership of copyrights of university professors and staff of public research organizations. Together with the general regulation of salaried authors in the Intellectual Property Law, some special laws regulate the rights of these organizations on the results of scientific investigations developed by its personnel. It is doubtful whether it affects the ownership of copyright in accordance with the general regulation or repeals it. On the other hand, the reform of the Intellectual Property Law in 2014 has raised the question of whether the new wording of article 32 recognizes the ownership of copyrights to universities, by establishing the possibility of using the scientific creations by them, unless they are already holders of those rights. Keywords: Copyrights, university professors, thesis, universities and public research organizations, results of the investigation, salaried author.

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Uma Suthersanen

This chapter starts from a dilemma. The zeitgeist of this century and the foreseeable future is not only to celebrate humanity’s cultural heritage but to also preserve and maintain it for future generations, whilst ensuring its current accessibility to the public. This task is vested in libraries, museums, archives and other memory institutions – collectively known as cultural heritage institutions (CHIs). But ownership rights are not clear. The question who own the orphans arises, and with it the issue of property in digital cultural heritage assets. Keywords: orphan works, cultural heritage, property in digital cultural assets, preservation, digitisation

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Paul Torremans

This chapter provides an introduction to the approach the Court of Justice has taken to the right of communication to the public. It looks at the decisions in Reha Training and GS Media and tries to make sense of the approach before analyzing it critically. There is a special emphasis on hypertext links. Keywords: communication to the public, new public, hypertext links, grand chamber, critical analysis

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Chloé Anne Vlassopoulos

This chapter retraces the emergence of climate migration as a global issue. It examines the role played by different actors, ranging from scholars from environmental and migration studies, to operational institutions such as the International Organisation for Migration and the UN High Commissioner for Refugees, among others. Vlassopoulos develops an insightful analysis on how migration was constructed, in the context of environmental disturbances and then climate change, as a political issue – or, alternatively, as a consequence of climate change, or as a possible solution to issues raised by climate change. The chapter discusses the recent re-interpretation of climate migration within the loss and damage workstream in terms of institutional mandate and the difficulty of promoting the issue and the role for climate change institutions such as the Executive Committee of the Warsaw International Mechanism without disempowering migration institutions.

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Paula Giliker

This introductory chapter examines the meaning of the term ‘European Union tort law’ and distinguishes it from studies examining the more loosely defined ‘European tort law’. European Union tort law is found in a number of different areas of law ranging from product liability to competition law. It plays an important role in ensuring the effectiveness of EU law and that EU citizens are able to obtain compensation for their losses resulting from breach of EU law. Owing to its diverse and piecemeal nature, its true breadth is often overlooked. Chapter 1 also highlights the cultural tensions underlying the development of EU tort law and the role harmonisation proposals play in this context.