You are looking at 1 - 10 of 111 items

  • Author or Editor: Thomas Cottier x
Clear All Modify Search
You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

This chapter first expounds the history of the relationship and the special status of property protection as an institutional guarantee depending upon legislation in case law of European and international courts of law. Upon reviewing the case law of international courts and tribunals and the challenges of the post-Gutenberg information society, it suggests that human rights should inform the shaping and interpretation of copyright rules. A methodology is developed to this effect and includes the assessment of the impact of all relevant human rights and of statutory exceptions in the process of law-making and the implementation of copyright rules.

This content is available to you

Thomas Cottier

The call for domestic policy space characterizes recent debates on trade and investment in international economic law. In the wake of globalization, the creation of the World Trade Organization and a number of new agreements, critics deplore the loss of policy space in domestic law and on national levels, particularly in developing countries. As trade liberalization has reached an end, the call for more domestic policy space and a less intrusive framework of international law has become urgent. This chapter illuminates that policy space is a neutral concept, equally applying to domestic law and to the realm of international law and within different layers. From the point of view of regulatory theory and the doctrine of multilevel governance, policy space amounts to an inherent and necessary component. While it is mainly invoked as a means to increase the scope for domestic action and to limit the impact of international law, regulatory theory suggests using the concept in a neutral manner, realizing appropriate allocation of powers to domestic law, international law and among different bodies on layers of governance. In addition, international trade law is a prime example of the need for carefully protecting policy space on the level of international law to limit pre-existing domestic policy space. The relationship between trade and human rights is especially complex. Historically sharing the same roots, human rights and trade policy have developed in completely separate fora and constituencies. Effective protection of human rights calls for less domestic policy space and stronger guarantees and procedures in international law. This chapter therefore concludes that trade, human rights and policy space are inherently intertwined and need to be dealt with accordingly.

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier

You do not have access to this content

Thomas Cottier