The past decade has witnessed a marked rise and fall in tensions in the South China Sea due to recent adjustments in maritime policy among the key players in the territorial and maritime disputes. Competing claims to territory and jurisdictions manifest more frequently as actual incidents at sea, prompting at least one claimant to resort to international dispute settlement proceedings for the first time in the history of the South China Sea disputes. Emergent practice with respect to the interpretation and application of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), notably those concerning maritime zones, creates opportunities for more concrete and consistent determination of State rights and entitlements as a matter of law. Thus, while actual incidents naturally raise diplomatic tensions, they also provide opportunities for invoking the array of non-binding and binding dispute settlement mechanisms included in Part XV of the UNCLOS. This chapter reviews trends in the manifestations of the South China Sea disputes and the possible application of Part XV dispute settlement mechanisms to each. This will help identify and clarify options for future state actions, either individually or collectively, in managing and eventually resolving these disputes.
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Dukki Hong and Simon Bradshaw
This chapter explores the implications for UK trade mark law arising from the use of a computer-aided design (CAD) file. The possibility for a CAD file to be edited and uploaded onto an online platform ready for 3D printing means that a trade mark could easily be attached to or detached from a CAD file, which could then be sold and disseminated on the Internet. This not only facilitates trade mark infringement, but can potentially impair the function of a trade mark, its origin and the quality guarantee. However, an analysis of current trade mark law in the UK does not clearly indicate whether the above-mentioned digital activities directly constitute trade mark infringement. For this reason, the authors of this chapter present an in-depth analysis of UK trade mark law in order to shed light on the various issues arising from CAD creation and modification for 3D printing.
Discourse has been a key and increasingly pervasive concept in international law, even if it has retained a somewhat abstract and multifaceted connotation. First used in the (European) Renaissance to denote reflections on matters of state(hood), the concept went on – not least through the work of Michel Foucault – to refer to the particular form of governmentality represented by modern international law. Hence, discourse and/in international law concerns both the cognitive landscape of the world and its peoples which this modern international law constructs and which it (thereby) governs, as well as the ways in which international law has reflected upon itself, notably by theorizing its epistemic horizon and the practices attached to it. This chapter therefore seeks first to briefly explore in which ways the discourse of international law has shaped ‘the modern world’, and second to sketch in broad strokes the various theoretical discourses – and counterdiscourses – through which international law thematises itself.
Ondřej Hora, Markéta Horáková and Tomáš Sirovátka
Surprisingly, there is limited knowledge about how policies at national level have shaped specific ‘youth policy packages’. We discuss what might be the distinctive features of ‘youth employment/school-to-work transition regimes’ when exploring the interactions between four public policy fields: education, active employment policies, employment protection legislation and unemployment income protection. Our specific contribution is an attempt to integrate the existing studies of policies for young people into coherent patterns of policy packages. Coming from the existing theories/typologies of production regimes, (un)employment regimes and school-to-work transition regimes, we characterize the general profiles and interactions of these regimes in four policy fields. We distinguish between the inclusive regime represented by Norway in this book; the employment-centred regime represented by Germany and Switzerland; the liberal regime represented by the United Kingdom; the sub-protective regime represented by Greece and Spain; and the transitional/post-socialist regime represented by Bulgaria, Czech Republic and Poland.
Domination is a central feature of social life. The concept of domination itself is essentially contested, as is the relationship between law and domination and between domination and power. This chapter adopts an historical approach and examines the ways in which the concept of domination has been understood in different theories of international law. While the concept of domination is often associated with the realm of politics, and law is seen as a means of controlling arbitrary power, critical scholarship has pointed to the ways in which law itself is an instrument of domination that must be questioned. The expansion of international law into all realms of life, further, suggests the importance of understanding the evolving ways in which domination and international law operate.
Patinkin was the author of Money, Interest and Prices, a book that has often been considered as the epitome if not the apex of the “neoclassical synthesis”. Money, Interest and Prices was important because of Patinkin’s attempt to integrate fiat money to the general equilibrium theory. However, Patinkin’s book was also the source of the disequilibrium interpretation of the Keynesian theory. This approach, taken up by Robert Clower, opened the way to the disequilibrium theories that developed circa the 1970s in the works of Axel Leijonhufvud, Robert Barro and Herschel Grossman, or Jean-Pascal Benassy. It also orientated Patinkin’s scholarly reading of John Maynard Keynes’s works presented in Keynes’ Monetary Thought or Anticipations of the General Theory? And other Essays on Keynes, works that established Patinkin’s reputation as a major interpreter of Keynes’s thought.
This chapter builds on the author’s work in Socio-Legal Aspects of the 3D Printing Revolution to examine recent developments in 3D printing’s interaction with law and society to determine how disruptive a force 3D printing actually is. Relevant legal developments are: the 3D printing firearms legislation enacted in the Australian state of New South Wales; the intervention of 3D printing companies in the Star Athletica v Varsity Brands copyright litigation in the US; and the US Food and Drug Administration’s guidance on 3D-printed medical devices. Significant market developments are considered, including companies from certain incumbent industries moving into the 3D printing space, while 3D printing firms which have been particularly active in consumer- or prosumer-oriented markets scale back their operations. These developments do not refute Socio-Legal Aspects of the 3D Printing Revolution’s main argument: that 3D printing in practice is not prevalent enough yet to be truly disruptive for law and society, despite its theoretical potential.
This chapter starts extending Minsky’s analysis by entering his black box of tools. In particular, it analyzes the role that autonomous demand (the driver) may have in stimulating growth when supply (the adapter) is endogenized. In order to study the interaction between these forces, the existence of spare resources and unemployment is assumed. This presence justifies the assumption of given prices and wages and allows the reconciliation process between the so-called Harrodian warranted rate of growth and the natural rate of growth. Furthermore, the presence of autonomous demand and an endogenous natural rate of growth can check, under certain circumstances, the instability of the system without referring to the presence of an exogenous ceiling.
Sara Ayllón, Margherita Bussi, Jacqueline O’Reilly, Mi Ah Schoyen, Ida Tolgensbakk and Ann McDonnell
This chapter asks whether young people change their behaviour and attitudes towards drug use in times of economic crisis and, if so, how. We address this question looking at the links between early job insecurity and drug consumption through quantitative and qualitative data. What role might drugs have in creating and coping with unstable personal situations and ‘unconventional’ transitions into adult life? We find that increased unemployment is associated with a rise in the consumption of certain drugs, and we explore the bounded agency of young people’s subjective experiences in such situations.
In the previous chapter, we outlined numerous services that urbanites have traditionally obtained in urban physical space, and which they now growingly pursue through the Internet. Individuals, who use their Internet connectivity, whether fixed and/or mobile, for the performance of service activities, find themselves simultaneously present in physical space bodily and within Internet space virtually. Hence, this chapter is devoted to an exposure and interpreta¬tion of the emerging hybrid dual-space society, consisting of the double pres¬ences of individuals in urban physical and Internet virtual spaces. The chapter will focus on the very conception of hybrid dual-space and its emergence, followed by an exposure of the ways in which urbanites experience it, as well as function within it.