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This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticization, of the role of the author.

Hook Sarah: Moral Rights, Creativity,
and Copyright Law

Moral Rights, Creativity, and Copyright Law

The Death of the Transformative Author

Court of Session Practice Issue 97 Feb 26

International trade and public health have long been in tension, with intellectual property law partially to blame. Patent protections have created strong pharmaceutical monopolies, making medicines unaffordable in many countries, blocking access to healthcare, and disrupting global supply chains. Attempts to remedy these public health failures have largely been fractured, with stop-gap efforts failing to meaningfully resolve the structural issues at the intersection between access, innovation, and regulation. Rather than treating these areas as separate domains, this book advocates for a holistic regulatory approach that centers public health while recognizing the deep interconnections with IP and trade. The authors argue that advancing innovation and global development requires recalibrating legal and policy frameworks to prioritize global public health as a necessary foundational requirement for robust trade and development. Tracing the evolution of these tensions across six chapters, the book critiques current regulatory reform efforts and proposes principles for a new public health framework: a treaty that places health not in opposition to trade and IP, but firmly at the center.

Centering a Public Health Framework

Fractures in IP, Trade, and Health

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Environmental Multilateralism and its Discontents

Hart Studies in Constitutional Law

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Hamad bin Khalifa University.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

The immanent collective in international law

Innate Cosmopolitanism

IP scholars are not familiar with criminal law, nor are criminal law scholars familiar with IP law; Criminal Enforcement of Intellectual Property in Asia: Sources, Significance, and Side-Effects delves into this no man's land. It identifies and addresses the use (or overuse) of criminal punishment for protecting IP rights, a long-overlooked aspect of IP law that is shaping and distorting the IP landscape in Asia. This is in stark contrast to leading Western jurisdictions, whose criminal punishment of IP infringement, while provided for, is rarely enforced. The overarching theme of this book is to critically review the rationale, legitimacy, and effectiveness of criminalizing IP infringement; assess its significance; expose its consequences; and propose suggestions for reform. The volume is divided into five parts. It starts with criminological discussion of IP crimes, followed by five chapters that study the sources and models of criminal punishment of IP infringement, namely international treaties, the US, UK, Germany, and the EU. It then surveys six major civil-law Asian jurisdictions (Japan, Taiwan, Korea, China, Thailand, and Vietnam) and four major common-law Asian jurisdictions (India, Malaysia, Hong Kong, and Singapore). These studies have been organized according to the chronological order in which each jurisdiction introduced criminal punishment of IP infringement, with each chapter following a common structure. The volume concludes with a comparative study, policy analysis, including rethinking the criminal sanctions against the background of generative AI and the evolution of IP, and reform suggestions for leading IP jurisdictions, Asian jurisdictions, and the WTO community. Comprehensive and timely, Criminal Enforcement of Intellectual Property in Asia provides readers in Asia and beyond with valuable insights into why and how different regimes use criminal sanctions, their significance, and side-effects in an era shaped by rapid technological developments such as generative AI.

Sources, Significance, and Side-Effects

Criminal Intellectual Property Enforcement in Asia

As transport speed increases and global trade intensifies, contracts for the carriage of goods and attendant relationships are becoming more complex. This publication looks at the theoretical background of the bill of lading as well as its application in practice.

Third Parties' Rights and Liabilities under Bills of Lading

The Legal and Cultural History of an American Dilemma

Hate Speech

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

The university is a foundational institution in society and a cornerstone of democracy. However, recent actions taken by the Trump administration pose an existential threat to this institution by undermining its singular animating right: academic freedom. In Academic Freedom in the Era of Trump, preeminent thinkers draw from their experience as university leaders and First Amendment scholars to portray this troubling moment for academic freedom. The volume examines the legal, historical, and philosophical foundations of academic freedom, its First Amendment roots, and the implications of recent political interference. The Supreme Court has now enshrined the principle of academic freedom within our First Amendment jurisprudence, unceasingly affirming the principle while continuing to refine its contours. Yet, the Trump administration has employed an authoritarian playbook to assault this principle, withholding federal research funding and exploiting antidiscrimination laws, among other tactics. To prevail in this moment, universities must defend academic freedom by clarifying and reaffirming the constitutional origins, emphasizing the indispensable societal role, and refining and articulating the distinct culture and structures of universities that allow the principle to flourish. Urgent and timely, this book offers a powerful defense of the university as a space for free inquiry and democratic resilience.

Academic Freedom in the Era of Trump

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

The Art Law Library

This open access book investigates the role played by copyright on the digitisation of cultural heritage from three angles: the theoretical differences between cultural property law and copyright; a comparative analysis of the EU, UK, and US; and analysis of current practices and concerns, based on empirical research. As heritage digitisation projects become increasingly common for purposes such as preservation and access, the impact of copyright is also becoming more problematic. In order to provide a full and current picture of the copyright problem, the book first introduces the reader to the debates on the scope and ownership of cultural heritage and provides an overview of the copyright implications of the digitisation process and newer uses, including 2D and 3D scanning; virtual and augmented reality; text and data mining; and artificial intelligence. The author then divides the main critical analysis into three parts, referred to as the 'clashes with copyright'. The first, clash in theory, lies between cultural property law and copyright justification theories. The second clash is in the different legal approaches to digitising in-copyright, public domain, orphan, out-of-commerce and unpublished works in the chosen jurisdictions, focusing on the relevant rights and defences. The third clash is in the interests of stakeholders, based on public reactions to existing projects and cases, supported by interviews with heritage professionals engaging in digitisation. By placing itself in this particular intersection of law, heritage, and technology, the book will be of interest to both intellectual property academics and cultural heritage professionals. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Clashes with Copyright Law

Digitising Cultural Heritage

Moral Rights, Creativity, and Copyright Law

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