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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Establishing and Sustaining a Successful Career in the Social Sciences, Arts and Humanities
The chapter examines the issue of workplace health and well-being. It explains how human capital reporting standards may help HR functions function account for the value of their employees and their collective knowledge, skills, abilities and capacity to develop and innovate. It argues that we need to broaden the meaning of well-being beyond its traditional and legislative concerns with health status from a medical perspective, and include job demands, control, role clarity, security, pay and equity, and wider factors such as co-workers, HR practices, and aspects of the workplace environment more generally. It examines the evidence from systematic reviews of flexible working to reveal a series of paradoxes facing HRM practitioners and examines some of the ways in which organisations can prevent and address the occurrence of ill health and promote health, well-being and performance. It addresses questions about responsibilities for this, and the choice of processes to monitor, address and modify workplace policies, practices and job characteristics.
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
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.
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
Proposals, Arguments and Justification
Thinking of justice implies submitting intuition to the tests of reason. In the wake of Rawls’s ideas, conceptions of justice should stem from the conditions of social cooperation, but this foundation is contested. Moral and political constructs offer different answers, the first considering the rights and duties of abstract equal individuals, while the latter recognize the importance of the process of developing social norms by political communities. The field is structured by basic distinctions between commutative, corrective and distributive justices, but also between procedural and consequentialist approaches, or between local and global justice. In practice, the application of justice norms depends on social values and situations, but also on the availability of information. This dependence is illustrated by the schematic description of the different ways of approaching one same basic distributive situation: sharing a cake between children. In the second section of the chapter, two main theories are presented to underline the scope of the theoretical field and to reveal certain interesting results for the question of climate change: on the one hand, Rawls’s theory delimited by the circumstances of justice and based on an imaginary deliberation under the ‘veil of ignorance’; on the other hand, the type of utilitarianism practiced by economists. The circumstances of justice apply partially to climate change, since the global climate, like natural conditions in general, is not a good, both in the sense of Rawls and in the sense of economists. Although economic theory generally supports the idea that efficiency and equity can be separated, this is not the case for climate change, which results from decentralized production of global conditions having a public good dimension.
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
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.