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The Author: partner at McDermott, Will & Emery. Summary: examines new changes by the European Commission (EC) to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights (IPRs) are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of IPRs usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of IPRs may benefit from an automatic exemption under Article 81(3) of the EC Treaty. Contents: Introduction - IPRs; exploitation of IPRs (licences and other agreements); the impact of competition law; Article 81(1) of the EC Treaty; Article 81(3) of the EC Treaty (individual exemption; block exemption; Regulation (EC) No. 240/96) Modernisation - the Modernisation Regulation (EC) No. 1/2003 (abolition of the notification procedure); an economics based approach; market power (product markets; geographic markets; methodologies) The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram); technology markets; agreements between non-competitors; agreements between competitors; transitional arrangements Hardcore restrictions - improvements (grant back of exclusive licence; assignment); no-challengeclauses; limiting of output; limiting of licensee's ability to exploit its own technology
The themes explored include political liberty, "legal tyranny," defences of influence in government, recognition of the Opposition, and the development of organic categories of political analysis - the latter in a chapter that explodes the association often presumed between organicism and conservative modes of thought. A chapter on the "Fourth Estate" examines the gradual process of legitimation of "interests," culminating in the influence of the press. Central to the account of new political forces and their recognition is the idea of public opinion, which evolved during this period from the notion of public spirit. Chapters on the classical legacy of the century and on the High-Tories examine two backward-looking aspects of the political cultrure. Tracing the persistent influence of High-Toryism, Gunn questions the conventional wisdom about eighteenth-century ideological consensus in general and Whig solidarity in particular. He demonstrates that theories of government from the seventeenth century survived to a degree not previously admitted by modern scholarship.
This book analyses the problems of current just war theory, and offers a more stable justificatory framework for non-intervention in international relations.
The primary purpose of just war theory is to provide a language and a framework by which decision makers and citizens can organize and articulate arguments about the justice of particular wars. Given that the majority of conflicts that threaten human security are now intra-state conflicts, just war theory is often called on to make judgments about wars of intervention. This book aims to critically examine the tenets of just war theory in light of these changes, and formulate a new theory of intervention and just cause.
For Michael Walzer, the leading scholar of just war theory, armed humanitarian intervention is permissible only in cases of genocide, ethnic cleansing, widespread massacres, or enslavement. This book shows why this threshold is too restrictive in light of the progressive shift away from interstate conflict as well as the emerging norms of 'sovereignty as responsibility' and the 'responsibility to protect'. Justice, Intervention and Force in International Relations aims to establish a new, stable foundation for non-intervention and a revised threshold for 'just cause'. In addition, this book demonstrates that over-reliance on the just cause category distorts understanding, analysis, and public discussion of the justice or injustice of resorting to war.
This new book will be of much interest to students of ethics, security studies, international relations and international law.
Kimberley Hudson is Assistant Professor of Political Science at American International College, and has a Phd in International Relations from Brown University.
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