Search
Author
- Cooper, Davina (2)
- Eidenmüller, Horst (2)
- Emad, Gholam Reza (2)
- Fiorato, Sidia (2)
- next >
Subject
- Vulnerability (3)
- CJEU (2)
- COVID-19 pandemic (2)
- Criminal Law (2)
- next >
Date issued
Search Results
The purpose of this article is to consider the philosophy, form and function underpinning erasure poetry. Erasure is a creative practice involving redaction or the striking through of certain words, phrases, or paragraphs in found documents and materials. The poetic form is comprised of what is left behind. The form has grown in popularity in recent years due to the advent of social media and the fact that erasure poems’ pictorial format is easily shared online. This article suggests that the poststructuralist philosophy underpinning the form is also key to its traction insofar as it enables poets to expose the fallacy of justice communicated by official documents such as court transcripts and government reports. In examining traditional conceptions of the page as interface and the ... |
Uncrewed and autonomous marine vessels (UMVs) challenge the underlying paradigm of maritime laws and regulations. Yet UMVs are considered essential for safer, more efficient, and more effective maritime futures. There is a fundamental challenge facing industry and regulators about how to develop and support the nascent UMV industry while maintaining the safety and risk management principles and processes in legacy laws and regulations predicated on the conventional crewed vessel. This paper, drawing upon case studies of developer and operator experiences with Australia’s maritime safety framework, argues for an “intent-based”, flexible, and collaborative approach based on developers’ and operators’ experiences. The case studies show that ad hoc and bespoke regulatory pathways, utili... |
Trade treaties and legal agreements generally left Indigenous peoples and colonized communities out of negotiations that directly impacted them. Using Critical Discourse Analysis, informed by decolonial thinking and Nishnaabeg epistemology, this research study analyzed the language of five public documents, published by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), surrounding the protection of Traditional Knowledge (TK) through the sui generis legal figure and its connection to the development of digitization TK. As TK is largely uncommodifiable, the ability to identify and protect TK through Intellectual Property Rights within the WIPO and the WTO is encumbered. The research analyzed and explored how language and knowledge shape policy... |
Awareness of human rights and related principles, such as equality and non-discrimination, is growing in sports. While debates on doping regulation typically target the contours of the prohibition and the sanctioning regime, much less attention has been given to how anti-doping detection impacts the level playing field, i.e. whether equality is realised in the manner in which the substances and methods are detected in athletes’ samples, or whether athletes are all equal when it comes to the analytical cut-offs that the regulations set. This article seeks to fill this gap and explores the implications of differentiation—or non-differentiation—in anti-doping detection for principles of equality and non-discrimination. After discussing notions related to equality in anti-doping detecti... |
We use an in-depth survey of institutional investors investing in Japan to reveal the homogeneity and heterogeneity of their views on corporate governance regulations. Their opinions exhibited high homogeneity in favoring legislative intervention in corporate management but nuanced heterogeneity with respect to the degree of intervention that they regarded as desirable. A certain cluster of investors, to which investment trusts and advisors were more likely to belong, tended to prefer stronger legal intervention; these investors favored strict tender-offer rules, and they more clearly supported intervention in the composition of boards and the pursuit of executive liability. These reactions may have been motivated by concern for the fact that a certain class of shareholders, particu... |
The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to contribute to the uniformity of that law and how, with regard to this function, it relates to the (widely disputed yet uncontested) semantic and pragmatic methods of achieving such a uniformity. In order to respond to this question, the article firstly, recalls fundamental concepts which would help conceptualize the endeavour and, secondly, presents examples of analysis of syntax arrangements which can be deemed representative for the study of the said problem of contribution. The study finds that EU law (expressed in 24 official languages which have equal authentic status) relies on diversified syntax of its respective constitutive language... |
One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in no... |
Digital games can be considered as composed of two main components: the props, i.e. visual, textual, and aural elements such as codes, 3D models and animations; and the form, specially the interaction between players and games, the act of playing itself. This dichotomy thus begs the question whether digital games are indeed games if nobody plays them, and ultimately: who is the owner of the gameplay and any by-product of the interaction between the game and the players? This paper explores the copyright status of content created by users with digital games, such as gameplay videos and images, for example art based on digital game assets, namely virtual photography; as well as customized in-game objects. Many modern digital games offer considerable freedom to players, in terms of how... |
‘The : A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues concerning prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the Declaration on the Rights of Indigenous Peoples (2007) and the Convention for Sa... |
The collapse of Genesis is the latest in a cascade of failures of crypto lenders. The last year has seen numerous major crypto lenders, such as Celsius, Voyager and BlockFi, going out of business in domino-like fashion. The failures have revealed the vulnerabilities of crypto-market lenders’ business model, most notably the liquidity and maturity mismatches in their loan portfolios, and their markedly weak corporate governance. The present article explores avenues to regulate crypto lending within the framework of EU financial services regulation. It argues that crypto lenders should be taken as falling within the definition of credit institutions under EU law, and thus, as a result, should be subject to the stringent licensing and prudential requirements introduced by the Capital R... |
