bluuebunny/crossref_metadata_2025 huggingface dataset:
Tradable Permits for Climate Change: Implications for Compliance, Monitoring, and Enforcement
Authors: Böhringer Christoph , Finus Michael
Published: November 2023

Climate change has emerged as one of the most important and complex issues facing the world over the next century. Concentration of so-called greenhouse-gas emissions has increased markedly during the past century owing to human activities such as fossil-fuel combustion which releases carbon dioxide (CO2) into the atmosphere. Scientific evidence suggests that a continued increase in the greenhouse-gas concentration is likely to have significant effects on the climate. Despite large uncertainties about the concrete impacts on the ecosystem, a global consensus exists that global climate change constitutes a serious potential threat. Concerns on climate change led more than 180 countries to sign the United Nations Framework Convention on Climate Change (UNFCCC) in Rio de Janeiro in 1992, which declares that serious action should be taken to reduce man-made greenhouse-gas emissions (UNFCCC, 1992). To this end, the Kyoto Protocol was signed in 1997 (UNFCCC, 1997). This treaty contains legally binding greenhouse-gas-emission targets for industrialized countries to be achieved in the target period 2008–12 (the so-called Kyoto commitment period). The proponents of the Kyoto Protocol celebrated it as a breakthrough in international climate policy because (i) it aimed at substantial emission reductions for industrialized countries vis-à-vis business-as-usual emissions, and (ii) it established a broad international mechanism for widening and deepening climate-protection activities in the future.
Foreign Trade Law
Authors: Butler William E
Published: November 2023

Although the period of perestroika during the late years of the former Soviet Union was accompanied by the abolition of the State monopoly of foreign trade originally introduced in the Russian Federation in April 1918, the Russian Federation has found it difficult to disengage substantially from State intervention in foreign commerce. After some years of what specialists have described as an era of indecision in the domain of foreign trade, the Russian Federation sought to clarify the role of the State in foreign trade by enacting the 1995 Federal Law on the State Regulation of Foreign Trade Activity. This enactment was superseded by the 2003 Federal Law on the Fundamental Principles of State Regulation of Foreign Trade Activity, as amended.
Foreign Investment Law
Authors: Butler William E
Published: November 2023

Foreign natural and juridical persons who become foreign investors in the Russian Federation enjoy special rights, duties, and guarantees under Russian legislation. These comprise the subject of the present Chapter.

Although the principal legislative act regulating relations connected with State guarantees of the rights of foreign investors who make investments on the territory of the Russian Federation is the 1999 Federal Law on Foreign Investments in the Russian Federation, many subjects of the Russian Federation have adopted their own foreign investment laws to augment or elaborate the 1999 Federal Law. Depending upon the territory where the foreign investment is to be made, the investor will need to determine whether there is relevant applicable legislation of the subject of the Russian Federation. Also of relevance is the 1999 Federal Law on Investment Activity in the Russian Federation Effectuated in the Form of Capital Investments.
Duties and Procedural Rights of Foreigners
Authors: Butler William E
Published: November 2023

The principal duty of foreign citizens and stateless persons in the Russian Federation is to comply with the 1993 Constitution and legislation of the Russian Federation. This is a duty they share equally with Russian citizens. Nonetheless, there are duties of compliance that fall especially on foreigners and sanctions imposed for violations applicable solely to foreigners. They form the subject of the present Chapter, together with an account of the special concomitant procedural rights and duties that apply to foreigners in certain situations.
Territory of The Russian Federation
Authors: Butler William E
Published: November 2023

The territory of the Russian Federation consists of land space within the State boundary of the Russian Federation, subjacent subsoil, superjacent airspace, internal sea waters and the territorial sea of the Russian Federation, navigable rivers which adjoin a neighbouring State along the thalweg, and as designated on non-navigable rivers, on lakes and other waters, water reservoirs of hydro- installations and other artificial water bodies, and on bridges, dams, and other installations. Historically speaking, these boundaries are those of the former RSFSR as consolidated by international treaties and legislative acts of the former Soviet Union as adjusted by international treaties of the Russian Federation. In some locations the adjustment by treaty remains to be accomplished.
Introduction
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

The purpose of this book is to explore the implications for technology licensing 1.01 of the fundamental changes in the application of EU competition law that have occurred over the last 10 years. Not too long ago, applying EC competition law to an intellectual property licence was usually a relatively simple matter of identifying possible ‘restrictive’ clauses in an agreement and checking them against a block exemption regulation issued by the Commission. To perform this exercise, it was not necessary to understand competition policy or to follow developments in the broader law under Article 81.
The ‘Modernisation’ of Eu Competition Law Enforcement—The New Analytical Paradigm For Applying Article 81
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

The entry of Regulation 1/2003 into force on 1 May 2004, concluded a revolution in the application of Article 81 EC Treaty. Regulation 1 marks the culmination of a series of regulatory initiatives and policy pronouncements, dismantling the elaborate structure for regulatory control over contracts that had been in place since the 1960s. In its place, the Commission has created a structure for control of agreements that is based on an economic assessment of both the benefits and the anticompetitive effects of agreements.
Grammatical Sketch
Authors: Dixon R M W
Published: November 2023

This chapter outlines some of the main points of English syntax which are necessary for an understanding of later chapters (it does not go into exhaustive detail on any issue).

On a fair number of analytical issues there is currently disagreement between grammarians; only some of the disagreements are mentioned here. In a book of this size it would be impracticable to discuss all alternative proposals. What I have tried to do is provide a single, internally consistent view of the syntax of English.

The pronoun system of English, at the beginning of the twenty-first century, is shown in Table 2.1. As mentioned in §1.5, pronouns in series I are likely to reduce to enclitics, while series II and possessor modifier forms are likely to reduce to proclitics.
Social Enterprise Models and Their Mission and Money Relationships
Authors: Alter Sutia Kim
Published: November 2023

The hallmark of social entrepreneurship is its ability to combine social interests with business practices to effect social change. Its hybrid world—part business–part social—has spawned a new breed of practitioner, the social entrepreneur, as well as a new brand of organization, the revenue earning social enterprise. Traditionally people think of not-for-profits as being responsible for creating social value and for-profits for creating economic value; social entrepreneurship brings these dichotomies together, marrying social interest and market mechanisms to create both social and economic value with a new type of institution.
Dynamics of Corporate Responsibility
Authors: Shanahan Suzanne , Khagram Sanjeev
Published: November 2023

State retrenchment and scandals of corporate governance are just two of the more recent concerns that have fueled an almost thirty-year international debate over business-society relations. Is profit maximization the sole obligation of business or should private enterprise play a broader role in society? Should business be expected to more directly address pressing economic, social, and environmental issues? By 2000, public opinion, at least, was becoming increasingly dear: two in three individuals surveyed across twenty-three countries and six continents expected companies to play a significant part in the collective pursuit of societal goals (Environics 2000).
Turning the University into an Organizational Actor
Authors: Krucken Georg , Meier Frank
Published: November 2023

Universities worldwide have gone through a variety of changes over the last half-century. From the offspring of institutes for learning and teaching in higher education in the late 1960s to the current emphasis on e-learning, methodological and systematic approaches to academic teaching have more and more replaced the belief in the natural teaching abilities of university professors. Educating university students has come to be seen as something that can be taught like physics or languages, and the individual style and aura of the professor gives way to a more sober and rationalized image of academic teachers. Likewise, the societal conception of academic research has undergone profound transformations.
Introduction
Authors: Adeney Elizabeth
Published: November 2023

‘Moral rights’, as the words are understood in copyright law, are specialized legal devices that allow certain creators to control the treatment and presentation of their work by others. They thereby safeguard the non-economic int rests that arise from the creative act.

This, at any rate, is a broad and provisional definition of the rights. It must be admitted, however, that the details of any definition must change according to context. No single term can accurately encapsulate what ‘moral rights’ mean within different legal cultures, and no single national vision of the rights can be assumed to define, for the whole world, what the rights are. We may speak, in English, of the ‘moral rights’ of French, German and British authors and be referring to different sets of entitlements, positioned differently within the national laws and based on different theoretical postulates.
Moral Rights As Cultural Protection—A Deviation From The Norm
Authors: Adeney Elizabeth
Published: November 2023

It has been clear from the discussion to this point that the droit moral or author’s right of personality had been predominantly conceived of, through the late 19th century and into the 20th century, as protecting the human personality or personhood. This is evident in the writings of jurists and the decisions of courts. This individualist conception of the right had been buttressed by legislative provisions that, though drafted to protect the consumer and the trading environment, had the effect of authorial protection.
The Rome Revision Conference of The Berne Convention
Authors: Adeney Elizabeth
Published: November 2023

The territoriality of domestic copyright/authors’ rights legislation, based on the principle of state sovereignty, meant during the early 20th century that authors were not effectively protected from unacceptable treatments of their work committed abroad. Practically their only prospect of controlling the fate of their works rested on their capacity to invoke the protection of foreign laws. Given the political and legal independence of sovereign states, it could not be taken for granted that they would be able to do so.
Moral Rights In France
Authors: Adeney Elizabeth
Published: November 2023

Moral rights in France have been relatively little influenced by the Berne Convention. The older core provisions do not show the signs of Berne drafting, though some of the later provisions do. The theory of the rights comes down from the cases of the 19th century and the doctrine that grew up around them, as discussed in Chapters 1 and 2 above. The form of the rights is loosely expressed in the statute so that legal principle rather than statutory drafting will still determine most aspects of a case.
The United Kingdom: Developments Towards The Current Law
Authors: Adeney Elizabeth
Published: November 2023

Britain showed many of the same developments that we have seen in Europe. It shared with Europe a version of the privilege system. Here too concepts of authorial property evolved, based on natural law thinking. Even certain noneconomic prerogatives of the author were recognized. Indeed Strömholm asserts that English philosophy, especially that of Hobbes and Locke, was a necessary factor in the development of that attitude to individuality in Europe that enabled the development of the droit moral.
The United Kingdom: The Rights and Their Application
Authors: Adeney Elizabeth
Published: November 2023

In the United Kingdom a concern for authorial interests was expressed in the Fine Arts Copyright Act of 1862. In fact the United Kingdom was the first country under discussion here to have experienced this type of legislative development, a development that was instrumental in persuading Britain to sign the Rome Revision Act of the Berne Convention. This legislation, and the principles that underpinned it, helped to foster a belief in the adequacy of Britain’s regime of protection. It also provided a model whose influence can be seen in the UK formulation of moral rights today.
Australia: Developments Towards The Current Law
Authors: Adeney Elizabeth
Published: November 2023

In Australia, as in Britain, the need to comply with the Berne Convention has been the main motivating force in the introduction of moral rights. Further rationales have been scantily articulated, though perhaps Lord Mansfield’s words ‘because it is just’ come closest to describing the recent Australian rhetoric on moral rights protection. It is scarcely possible to speak of any theoretical development of the rights in Australia, with civil law influences seeming distant in this country and the rights being too new to have attracted much judicial comment.
A Survey of GPTs in Western History (Part A): 10,000 bc to ad 1450
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

We now start a tour through the West’s technological history, stopping briefly to consider what we see as the most important transforming GPTs and using our S-E categories (inputs, technology, facilitating structure, policy, policy structure, and performance) to organize the wealth of historical facts. Since books have been written on each of the GPTs covered in this and the next chapter, what we say about them should be taken as illustrative rather than exhaustive. We concentrate more on the broad consequences of new technologies than is typical in the growth literature, illustrating how technological change has the power to transform a society’s economic, political, and social institutions. We do not, however, enter into some of the many controversies over the causes of these changes.
The Emergence of Sustained Extensive Growth in the West
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

There have been long periods of growth in the past, as well as shorter bursts—whatGoldstone (2002) calls efflorescences. But the growth that started sometime in the nineteenth century is much more rapid than anything that has been seen previously. It also shows signs of being self-sustaining in ways that past growth was not.1 In this chapter, we consider the emergence of sustained extensive growth that occurred during or shortly after the First Industrial Revolution.2 The bulk of the chapter is devoted to events leading up to the First Industrial Revolution. Only towards the end do we deal with the issue of why those events led to a period of sustained growth rather than just another short-lived burst.
Appreciative Theories of GPTs
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

In Chapters 5 and 6, we examined the rich historical experience concerning GPTs and in Chapter 11 we described the existing theories about them. In Chapter 12, we described the treatment of scale effects in the literature and examined such effects in the context of technological change. In this chapter, we go through three levels of formal abstraction as we move from our historical analysis to formal theories of GPTs. Although the first section is long and may appear tedious at first reading, it is an important step in going from the historical descriptions of Chapters 5 and 6 to the full-scale modelling of Chapters 14 and 15.
General Introduction
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

This book analyses the European Community (‘EC’) competition rules applying to vertical agreements which fall both in and outside the scope of Commission Regulation (EC) No 2790/99 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (‘Regulation 2790/99’ or ‘the Regulation’) and Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (‘Regulation 1400/2002’).
The Non-Compete Obligation
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

Article 5 of Regulation 2790/99 contains special provisions relating to noncompete obligations. Before discussing these provisions, it is necessary to clarify that the definition of the term ‘non-compete obligation’ given in Article 1(b) of the Regulation covers two different types of restriction:

(1) Any direct or indirect obligation causing the buyer not to manufacture, purchase, sell or resell goods or services which compete with the contract goods or services.
Frequently Used Distribution Formulas
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

Prior to the entry into force of Regulation 2790/99, different legal instruments applied to the EC competition law analysis of a number of frequently used distribution formulas:

—Exclusive and non-exclusive distribution: Separate block exemption regulations applied to each of these distribution formulas, as follows:

• Commission Regulation (EEC) No 1983/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive distribution agreements: this block exemption applied only to cases where the supplier had appointed a single distributor within a given contract territory;
L
Authors: Dacko Scott G
Published: November 2023

The laddering technique aims to establish underlying motivations for the purchase of an offering (e.g. a product) by asking a consumer why he or she buys the product and then, given the response, asking ‘why’ to that response and each subsequent response until the respondent can no longer provide an explanation. The approach therefore enables a marketer to understand why the consumer reallybuys the product. The laddering technique can be very useful to marketing researchers conducting in-depth interviews of product consumers or service users to understand the real drivers behind product or service purchase. Marketers must exercise caution, however, to ensure that interviewees are sufficiently comfortable with such lines of questioning.
R
Authors: Dacko Scott G
Published: November 2023

Random-walk theory is based on the view that the market is efficient, where any strategies that are found to work will be soon discovered and rendered unprofitable. As such, movements of share prices in the short term are considered to be unrelated to their previous movements. Random-walk theory provides a perspective on changes in short-term financial indicators that suggests a limitation on being able to make forecasts or predictions. Marketers seeking to relate marketing actions to short-term financial indicators of a firm may therefore benefit from understanding more fully the methods associated with short-term performance analyses as well as the potential limitations in such analyses which are suggested by the theory and its supporting assumptions.
T
Authors: Dacko Scott G
Published: November 2023

Marketing plans which are established to meet strategic goals are, in essence, tactics. They can be viewed as short-term measures for addressing or solving a specific problem, such as increasing sales or enhancing the market share of a product. Tactics have direct implications on the firm and its consumers as they represent detailed plans of action for accomplishing higher-level objectives. While some marketing tactics may be perceived by consumers as acceptable marketing practice (e.g. see price discrimination), other tactics may be seen as unethical and manipulative (e.g. see low-ball technique).
A Real-Time Revolution in Routines
Authors: Sabel Charles F
Published: November 2023

We are living in an age of institutional revolution and democratic doubt. Our institutional capacity to solve complex problems-including especially the problem of providing ever more crucial services, such as education, to an ever more differentiated public-is increasing. But this capacity seems disconnected from, perhaps even at odds with our capacity for selfrule by familiar, parliamentary means.
The Police Act 1997 PART III
Authors: Williams Dr Victoria
Published: November 2023

This section outlines the functions of the main bodies, other than security and intelligence services, which are entitled to seek authorisation to enter and interfere with property and telegraphy (ie bodies operating within the Police Act 1997, Part III authorisation arrangements)—which are functions linked to the use of surveillance. They are described here as ‘policing’ bodies but note that they include HM Revenue and Customs, and the Ofﬁce of Fair Trading (OFT). In addition to the bodies referred to here, the conventional police forces, including military police forces, also fall within the scope of Part III of the 1997 Act.
The Covert Human Intelligence Sources Code Of Practice* 2002 (Under SI 2002 NO 1932)
Authors: Williams Dr Victoria
Published: November 2023

This code applies to every authorisation of the use or conduct by public authorities of covert human intelligence sources carried out under Part II of the Regulation of Investigatory Powers Act 2000 which begins on or after the day on which this code comes into effect.
Voluntary Retention Of Communications Data Code Of Practice Under Part II: Anti-Terrorism, Crime And Security Act 2001 (UNDER SI 2003 NO 3175)
Authors: Williams Dr Victoria
Published: November 2023

The Anti-Terrorism, Crime & Security Act was passed in December 2001 (the Act). Part 11 of the Act aims to allow for the retention of communications data to ensure that the UK security, intelligence and law enforcement agencies have sufﬁcient information available to them to assist them in protecting the UK’s national security and to investigate terrorism.
RIPA, PART II Case Law
Authors: Williams Dr Victoria
Published: November 2023

The defendants were charged with conspiracy to supply drugs. The Crown sought to adduce evidence of covertly recorded telephone using devices at the homes of three defendants, obtained using the intrusive surveillance authorisation procedures under RIPA, Part II. The Crown sought to rely on the surveillance commissioners’ approvals for the surveillance as proof of the lawfulness of the process by which the evidence was obtained. The defence sought an order that the prosecution do produce the material which had been placed before the commissioners when seeking the approval and argued that without the material they would be unable properly to formulate argument for evidential exclusion of the recordings.
Statutory Instruments (2000)
Authors: Williams Dr Victoria
Published: November 2023

The Secretary of State, in exercise of the powers conferred on him by section 5(7)(c) and (12)(c) of the Wireless Telegraphy Act 1949 (hereinafter referred to as “the Act”) and of all other powers enabling him in that behalf, hereby makes the following Regulations—These Regulations may be cited as the Wireless Telegraphy (Interception and Disclosure of Messages) (Designation) Regulations 2000 and shall come into force on 2nd October 2000.
American Indians in the British Press
Authors: Bickham Troy O
Published: November 2023

An examination of the newspaper and periodical press underlines the significance of the Seven Years War in the development of widespread, pragmatic British interest in American Indians. The conflict proved to be a watershed for images of Indians, who, like North America in general, had not received the consistent attentions of the press. Once war appeared imminent in 1754, they became a staple of any newspaper reader’s diet until the end of the American War of Independence. Two intertwined forces drove this shift. The first was changes in the press itself, which had grown from handwritten newsletters at the start of the century into a relatively free, national medium for news and debate that by mid-century reached audiences whose social and geographic diversity were unprecedented.
The New Imperial Regime at Work
Authors: Bickham Troy O
Published: November 2023

The British response to the troubled situation in North America at the end of the Seven Years War took the form of an attempt to assume a more permanent authority over Indian affairs. Broad directional control was given to the secretaries of state, who demonstrated an unprecedented interest in Indian affairs that was matched by a willingness to intervene decisively. Assisting them on the ground were a number of imperial agents, and to some extent elements of the colonial governments them-selves. Together they forged a new form of British imperialism, which was directed from the metropolis and claimed sovereignty—and to varying degrees presided—over a multitude of ‘primitive’ peoples.
Conclusion
Authors: Bickham Troy O
Published: November 2023

After the American War of Independence, North American Indian appearances in either person or discussion in Britain were rare. When British interests moved to other segments of the empire, Indians moved down the public’s list of overseas concerns and then fell offit altogether. The effects of Britons’ intense interest in Indians lingered via Mrs Salmon’s Waxwork and the British Museum’s Iroquois and Cherokee objects, which remain on display to this day, but the Indians themselves were overshadowed by a succession of other non-Europeans whom the public deemed more pertinent. Even as early as the 1770s, in the wake of the Cook voyages, objects from the South Pacific began to usurp the Indian objects’ former pride of place.
Paranoia and Self-Consciousness
Authors: Fenigstein Allan , Vanable Peter A
Published: November 2023

A series of studies by Fenigstein (1984) suggested that self-consciousness heightened the tendency to engage in seemingly paranoid inferences. Subjects who were high in public self-consciousness (i.e., who tended to focus on the publicly observable aspects of themselves; see Fenigstein, Scheier, & Buss, 1975), compared with those low on that dimension, were more likely, for example, to assume that an acquaintance who walked by without saying ‘hello,’ actually intended to avoid them, as opposed to simply not noticing them. In another study, subjects in a group experiment were faced with the possibility that the experimenter had chosen either the subject or another person who was present to participate in a demonstration. Public selfconsciousness again strengthened subjects’ beliefs that they, rather than the other person, had been volunteered for the demonstration. In both studies, self-consciousness increased the extent to which subjects perceived another’s behavior as being intentionally directed toward them (labeled the self-as-target bias). Given that this bias is one of the defining characteristics of paranoid thought (see e.g., Greenwald, 1980). Fenigstein’s (1984) research suggests the possibility that self-consciousness has important implications for paranoia. What follows is an attempt to more systematically develop that relationship, both theoretically and empirically.
Executives ‘ Perceptual Filters: What They Notice and How They Make Sense
Authors: Milliken Frances J
Published: November 2023

Management magazines, academic journals, and textbooks almost always presume that analyses of past events reveal how those events actually unfolded. Such writings also frequently portray strategy formulation and implementation as a causal sequence, in which executives perceive some reality, analyze the options offered by this reality, decide to pursue one or more of these options, and obtain results when their organizations ‘ environments react. Thus, according to this causal sequence, organizations ‘ environments act as impartial evaluators of executives ‘ perceptions, analyses, and actions. When the results are good, executives receive credit for accurately perceiving opportunities or threats, for analyzing these correctly and for taking appropriate actions. When the results are bad, executives get blamed for perceiving erroneously, for making analytic mistakes, for taking inappropriate actions.
Ten Years of European Environmental Management and Audit Scheme (EMAS): Future Perspectives
Authors: Kiel Thomas
Published: November 2023

The Eco-Management and Audit Scheme (EMAS) is the European Union’s (EU) voluntary scheme for organizations willing to commit themselves to evaluate, improve and report on their environmental performances. To receive EMAS registration participants: The environmental review, EMS, audit procedure and the environmental statement must be approved by an accredited environmental verifier (validation). Then a validated environmental statement needs to be sent to the EMAS Competent Body in each Member State for registration. Registered organizations may use the EMAS logo. The voluntary environmental management instrument was introduced by EC law. The first EMAS Council Regulation, Regulation (EEC) No. 1836/93 Allowing Voluntary Participation by Companies in the Industrial Sector in a Community Eco-management and Audit Scheme (EMAS I), dates of 29 June 1993. It set a period of 21 months to establish the necessary structures in the Member States by designing competent bodies, and introducing structures for accreditation and supervision of environmental verifiers. The scheme was launched ten years ago in 1995. It was originally restricted to industrial sectors. However, Article 3 of the EMAS I Regulation allowed the inclusion of other sectors outside industry on an experimental basis, for example for distributive trades and public services. Due to this legal exception, some Member States decided to extend EMAS to some additional economic branches.
The Impact of the Convention on Biological Diversity on the Utilization of Plant Genetic Resources and Benefit Sharing
Authors: Smagadi Aphrodite
Published: November 2023

Nowadays, many of the medicines marketed belong to the wide range of products deriving from biodiversity such as cosmetics, chemicals, crops, etc. The allocation of the monetary benefits derived from the marketing of the products is mostly realized through intellectual property rights systems. Contractual agreements containing intellectual property clauses are the main mechanism for gaining access to genetic resources and delivering benefits. The Convention on Biological Diversity (CBD), signed on 5 June 1992, was one of the main outcomes of the United Nations Conference on Environment and Development (UNCED). Its principal objectives are the conservation, sustainable use, and fair and equitable benefit sharing arising from the commercial use of biodiversity. The CBD recognizes the existence of intellectual property rights and stipulates that parties be cautious not to allow these rights to contradict the objectives of the CBD. However, it does not specify how benefits gained from a patented medicine must be shared. Developing nations face a variety of problems, such as over-population, foreign debt, and economic dependency. To cope with these pressures, species-rich countries trying to ameliorate their agricultural output by seeking more arable land stimulate deforestation—the largest threat to biodiversity—leading to the extinction of species. The main cause of biodiversity loss is hence economic pressure. In order to spur conservation of genetic material and plant species, economic incentives need to be designed to counterbalance the economic forces leading to the destruction of natural habitats. In this context, it is crucial to explore ways of sharing fairly and equitably the economic benefits resulting from the marketing of medicines produced with the use of genetic resources from developing countries and associated traditional knowledge. A reasonable compensation to the source countries for the production of medicines enhancing global welfare creates incentives for the sustainable management and conservation of their biodiversity.
Towards Environmental Integration in EC External Relations? A Comparative Analysis of Selected Association Agreements
Authors: Durán Gracia Marín , Morgera Elisa
Published: November 2023

In light of the political and economic weight of the 25 Member European Union (EU), the influence of its environmental priorities is deemed to play an increasing role on the international scene. Academic attention on the external dimension of European Community (EC) environmental policy has mainly focused on important initiatives undertaken by the EC within multilateral fora, whereas the integration of environmental concerns into its bilateral relations with third countries is relatively under explored. The overall purpose of this chapter is to provide a preliminary assessment of the extent to which the environmental integration requirement has been fulfilled in the external policies of the Community through a comparative analysis of selected Association Agreements. Part II will recall the applicability of the principle of environmental integration to EC external relations, and present EC Association Agreements as an appropriate case study for this purpose. Part III will provide a detailed analysis of the relevant legal provisions in four selected Association Agreements in order to assess to what extent environmental concerns have been integrated into the definition of the EC relations with third countries. Part IV will thereafter concentrate upon specific tools for implementation of these Association Agreements, in order to evaluate whether environmental integration has been operationalized in EC bilateral external relations. This section provides an overview of the principle of environmental integration in EC law and its applicability to EC external relations, through a combined reading of Treaty provisions and policy documents. The present section also provides an introduction to the legal basis and Community practice relating to the conclusion of Association Agreements with third countries.
Energy
Authors: Rodi Michael
Published: November 2023

In the dynamic field of energy and the environment, 2004 will most likely be remembered as the year when an enduring stalemate in international climate policy was ended by the Russian ratification of the Kyoto Protocol, finally permitting its long-overdue entry into force. For the European Community (EC), however, the same year marked a shift from the preceding year, which had seen the adoption of momentous legislation with new directives on emissions trading, energy taxation, and renewable vehicle fuel, away from the creation of new rules to better implementation of existing law through supplemental legislation and policy documents. Clearly, the nascent emissions trading scheme proved the main beneficiary of these ancillary measures, with new legislation on registries, monitoring, and the inclusion of project mechanisms under international climate policy, as well as a guidance document on national allocation. With preparations underway for a timely launch of greenhouse gas emissions trading by 1 January 2005 and the national allocation plans of most Member States approved by the European Commission (Commission), these supplemental measures concluded an ambitious project launched several years earlier, the final outcome of which should be the establishment of the largest market for tradable emission allowances in the world. Legal action brought against various aspects of the trading scheme are unlikely to stop this process. Another significant step was taken with the finalization of a Directive on combined heat and power generation, adding to the current set of policies on energy efficiency and energy demand management. Two Proposals adopted in the previous year on energy efficiency and energy services, as well as on eco-design requirements for energy using products, were brought closer to adoption in the legislative process.
Case Law of the European Court of Justice
Authors: Notaro Nicola
Published: November 2023

Last year’s survey highlighted the growing difficulty the Member States of the EU encounter in implementing and applying European Community (EC) environmental legislation in a timely and correct way. This trend is certainly confirmed in the ever-growing environment case law of the European Court of Justice (ECJ) in the survey period 2004, particularly in the waste sector. Better communication and better legislation originating from the European institutions certainly have a role to play in facilitating Member States’ compliance with EC environmental law. However, looking at the case law in 2004, it appears that, in most of the cases, non-compliance finds its origin in either national administrative inefficiency, or in lack of political commitment to respect EC law. These problems can only be addressed by the Member States themselves honouring the commitments they have assumed at the European Union (EU) level and, where appropriate, conducting structural reforms of their administrations. On their part, European institutions, and in particular the European Commission (Commission), should also be provided with a ‘stick’ to remind the Member States of their duties. A strong and effective incentive to implement EC law would be the increase by the ECJ of the fines imposed on Member States for cases on non-compliance, particularly when these are repeated and systematic over a certain period of time, or in a particular sector. In other words, there should be hard sanctions for cases where the Member States have shown no willingness to comply. It remains to be seen if the Court will be ‘wild enough’ to take such a blunt but necessary step.
Open, Radical Innovation: Toward an Integrated Model in Large Established Firms
Authors: ‘Connor Gina Colarelli O
Published: November 2023

Organizational growth and renewal are fundamental to any firm ‘s long-term survival (Jelinek and Schoonhoven 1990; Morone 1993). Firms pursue multiple approaches to renewal. One path is to gain new capabilities via acquisition of or merger with companies that offer technologies or market entre ´e that the focal firm may lack. Another approach is organic, generative growth, meaning growth through the development of new lines of business based primarily on technical competencies nurtured from within the organization. When the promise of the opportunity is very large, and the concomitant risk and uncertainty of the opportunity are high, the technology and innovation management literature refers to that phenomenon as radical innovation (Mo one 1993; Leifer et al. 2000).
The Use of University Research in Firm Innovation
Authors: Fabrizio Kira R
Published: November 2023

The Open Innovation paradigm focuses attention on the importance of firms ‘ identification and use of ideas and knowledge from outside the boundaries of the firm. As documented by Chesbrough (2003a), firms in many industries have recognized the value of looking outside of their borders for ideas, knowledge, and sources of innovation. This value depends on the existence and depth of the knowledge landscape in which the firms operate. The characteristics of the knowledge landscape are determined by the knowledge flowing out of other firms and organizations and the intellectual property (IP) environment. The open innovation literature has focused primarily on the knowledge and ideas flowing from one firm to another. In this chapter I focus on a second important source of knowledge and ideas useful to the open innovation processes of firms: universities.
Open Innovation: A Research Agenda
Authors: West Joel , Chesbrough Wim Vanhaverbeke Henry
Published: November 2023

Chandler (1977, 1990) recounts how the key technologies of the early and the mid-twentieth century were developed by industrial research departments within the large diversified enterprises of US and Europe. Such diversification, along with vertical integration from research and development (R&D) through distribution, provided these firms with competitive advantage over smaller and newer rivals through economies of scale and scope. Among these leading firms, Chesbrough (2003a) argues that the strategy brought with it a certain mindset: It is a view that says successful innovation requires control This paradigm counsels firms to be strongly self-reliant, because one cannot be sure of the quality, availability, and capability of others ‘ ideas: ‘If you want something done right, you ‘ve got to do it yourself ‘. (Chesbrough 2003a: xx)
J.W. Harris’s Kelsen
Authors: * Stanley L Paulson
Published: November 2023

In Britain, just as elsewhere, Hans Kelsen has been recognized by leading figures in the field as the foremost legal philosopher of the twentieth century. At the same time, Kelsen remains outside the mainstream in British legal thought. Four exceptions establish the rule. That is, Kelsen’s legal theory has played a genuinely significant role in the work of J.W. Harris, H.L.A. Hart, Sir Hersch Lauterpacht, and Joseph Raz, and their work has, in turn, contributed to a better understanding of Kelsen’s legal theory.
The Legacy of Penn v Lord Baltimore
Authors: Peel* Edwin
Published: November 2023

The reason for my involvement in this collection of essays is a little different from those of the other contributors. Rather than a shared interest in one of the branches of the law in which he worked, it was instead my privilege to have worked closely with Jim Harris for ten years as one of the two Law Fellows at Keble College. I have had the opportunity already to say how rewarding and valuable that experience has been. On this occasion I shall confine myself to this one thought, that I should be fortunate to leave but half the mark on those whom I have taught which I have seen for myself that Jim left on his former students, through his kindness, his self-effacing good humour, and his moral courage.
Invoking Human Rights
Authors: Eekelaar* John
Published: November 2023

Everyone who heard Jim Harris give the annual lecture to the Society of Legal Scholars in the summer of 2003 realized that something special was happening. With clinical precision, Harris cut through the tangles of scholarship and laid before the audience a taut and logical template for understanding human rights discourse. One year earlier I had tried to persuade myself, and my audience, that human rights concepts could be applied within domestic contexts. This required an attempt on my behalf to understand the general character of human rights discourse.
Introduction
Authors: Menon Anand , Schain Martin
Published: November 2023

The Convention on the Future of Europe, which drew to a close in July 2003, served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered considerable discussion about the relationship between this process and the one which had taken place in Philadelphia more than 200 years earlier; and, more broadly, over the extent to which the European Union does, or should, resemble the United States.
Federalism and Public Administration: The United States and the European Union
Authors: Peters B Guy
Published: November 2023

Public administration is no less affected by the fundamental structure of the political system than are other aspects of government. It may be conventional to assume that the public bureaucracy will administer programs in a formal–legal, Weberian manner regardless of the political context within which it functions, but that stereotypical view of bureaucracy seriously understates variations in administration, even within a single political system. Despite the stereotype, the members of public bureaucracies do exercise a good deal of discretion (Bryner 1987; Baldwin 1995) and exercise that discretion, often at the lowest, ‘street-level’ (Meyers and Vorsanger 2003) of public organizations.
The Reshaping of Workplace Risks
Authors: James Phil
Published: November 2023

The risks of injury and ill health faced by workers during their course of employment are influenced by a range of factors both internal and external to the workplace. Internally, these factors include the type of work activities carried out, features of the equipment and substances involved in these activities, the nature of the preventive arrangements put in place by employers to protect workers, the form of employment relationship under which work is undertaken, and the ability that workers have, both individually and collectively, to challenge the presence of hazardous and risky working conditions. Externally, they encompass the nature of the surrounding labor and product markets, as well as the legal frameworks that exist to protect their health and safety and the degree to which these are enforced.
Seeing Knowledge Plain: How to Make Knowledge Visible
Authors: Weiss Leigh , Prusak Laurence
Published: November 2023

Several years ago, one of the authors was asked to help a large agricultural collective get over some difficulties they were having in formulating a strategy for the organization. When meeting with and interviewing the individual executives, everyone seemed to agree on what the environment looked like, what were realistic goals, who the major competitors were, and so on. Yet the organization was having a very difficult time formulating the proposed strategy. We had an intuition that the executives did not mean at all the same things when they spoke of competitors, threats, opportunities, and other factors that would affect strategy.
Nation, Identity, and Enmity
Authors: Jeismann Michael
Published: November 2023

The hopes of the short People’s Spring of 1989/90 were gradually eroded by a global process of fermentation which, fuelled by enmity, seems to be constantly producing new kinds of animosity: animosity between cultures or civilizations, enmity between religions and enmity between social strata. We are, in theory, ill-equipped to predict whether and under what conditions the potential for national aggression could develop again. Certainly, we have some historical points of departure for analysis. These can basically be divided up into two types, both of which derive from nineteenth-century Europe and which cut across the dichotomy between civic and ethnic forms of nationalism.