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Hernando De Soto And Property In A Market Economy

RRP $457.99

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Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development. But his work also has been controversial, and some of his arguments have received sustained criticism. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy. Yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship. And although his work has been widely discussed in the context of property in developing countries, it has not had the same impact on the property issues that arise in mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.

D. Benjamin Barros, Widener University School of Law, USA

In Hernando de Soto and Property in a Market Economy, leading property scholars masterfully illuminate, challenge, and build on de Soto's work, connecting it to central questions of property theory and social policy. This perceptive and multi-faceted exploration of how ownership works (or fails to work) offers essential insights to anyone interested in property rights and institutions.

Lee Anne Fennell, University of Chicago Law School, USA

This collection is a rich exploration and critique of Hernando de Soto's contributions to our understanding of the relation between the institution of property and the market economy. It is an essential resource for all interested in the theoretical, social, economic and historical underpinnings of land titling, and more generally property law and institutions, as a tool in economic development.

Claire Priest, Yale Law School, USA

Intellectual Property Overlaps

RRP $285.99

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Intellectual property rights (IPRs), conventionally seen as quite distinct, are increasingly overlapping with one another in Europe. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs at the EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or have expired. The convergence of several IPRs on the same subject-matter poses a problem. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's examines the appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book looks at the practical consequences of each overlap at the international, European, and national levels (where the laws of France, the UK, and Germany are reviewed). It then analyzes the reasons for the prohibition or authorization of overlaps. This analysis enables the determination of criteria that can be used to (re)map the overlaps to achieve appropriateness and legitimacy. The overarching principle - which guides this mapping exercise, and which is common to all IPRs - is that of free competition; IPRs are an exception to this principle, though a public domain must exist.

Men, Women And Property In England, 1780-1870

RRP $752.99

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This is an innovative study of middle-class behaviour and property relations in English towns in Georgian and Victorian Britain. Through the lens of wills, family papers, property deeds, account books and letters, the author offers a reading of the ways in which middle-class families survived and surmounted the economic difficulties of early industrial society. He argues that these were essentially 'networked' families created and affirmed by a 'gift' network of material goods, finance, services and support, with property very much at the centre of middle-class survival strategies. His approach combines microhistorical studies of individual families with a broader analysis of the national and even international networks within which these families operated. The result is a significant contribution to the history, and to debates about the place of structural and cultural analysis in historical understanding.

A Guide To The Icdr International Arbitration Rules

RRP $463.99

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This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated to reflect the 2014 ICDR Rules revision.

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them.

The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the 39 articles in their entirety and includes discussion of how each provision compares to analogous rules of other major arbitral institutions.

The authors draw not only on their own experience, but on caselaw gathered from foreign jurisdictions and from the rich vein of caselaw in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules). The work's comparative perspective helps to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration.

The second edition of A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions. Together, Gusy, Hosking, and Schwarz form a strong author team of practitioners whose combined experience includes having co-chaired the ICDR's young Practitioner's group, collaborated with the ICDR, and interviewed key ICDR senior management members.

Intellectual Property In Global Governance

RRP $457.99

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Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law.

Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.

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