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The German Copyright Law grants an absolute right to authors, i.e., any use of protected works requires the author's prior consent. This concept is known as opt-in. In this doctoral thesis the author examines five models which turn this concept upside down as they provide for the permission for certain beneficiaries to use protected works without the author's prior consent until the author objects to such use. This concept is known as opt-out. Also, the examined models contain elements of collectivization and, in particular, involve collecting societies. The author examines and compares these models and answers the question whether the underlying opt-out concept together with collectivization may be generalized so that it could replace opt-in.
opt-out --- copyright --- intellectual property rights --- industrial property rights
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Können traditionelle kulturelle Ausdrucksweisen, wie Tänze, Rituale, Geschichten oder Legenden, durch eigens geschaffene immaterielle Eigentumsrechte, den sogenannten sui generis Rechten, geschützt werden? Um die vielschichtigen Auswirkungen der sui generis Rechte sowie die Einflüsse auf deren Entstehung ganzheitlich zu beleuchten, vereint der Sammelband Sichtweisen aus den Disziplinen des Völkerrechts, des Zivilrechts, der Ethnologie und der Ökonomie. Den Schwerpunkt bilden hierbei sowohl die Wechselwirkungen der sui generis Rechte mit dem Öffentlichen und dem gängigen Immaterialgüterrecht als auch ihre volkswirtschaftlichen Effekte. Darüber hinaus wird der internationale Entstehungsprozess der sui generis Rechte in der Weltorganisation für Geistiges Eigentum zusammen mit den Einflüssen eines solchen internationalen Diskurses auf die vor Ort gelebte Kultur beleuchtet.
Intangible property rights --- Sui generis rights --- International law --- Civil law --- Ethnology --- Economics --- Intellectual Property
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Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China
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The emergence of the Internet and the digital world has changed the way people access, produce and share information and knowledge. Yet people in Africa face challenges in accessing scholarly publications, journals and learning materials in general. At the heart of these challenges, and solutions to them, is copyright, the branch of intellectual property rights that covers written and related works. This book offers an understanding of the legal and practical issues posed by copyright for access to learning materials in Africa, and identifies the relevant lessons, best policies and best practices that would broaden and deepen this access. This book is based on the work of the African Copyright and Access to Knowledge (ACA2K) research network, launched in late 2007 as a network of researchers committed to probing the relationship between copyright and learning materials access in eight African countries: Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa and Uganda.
Information Science --- copyright --- intellectual property rights --- access to learning materials --- Africa --- ACA2K
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This book looks at how modern philosophers pass on myths about prehistory. Why do political philosophers talk so much about the Stone Age? The state of nature, the origin of property, the origin of government, and the primordial nature of inequality and war are popular topics in political philosophy, but are they being used as more than just illustrative examples? Does the best available evidence from archaeology and anthropology support or conflict with the stories being passed on by political philosophers? This book presents a philosophical look at the origin of civilization, examining political theories to show how claims about prehistory are used and presents evidence that much of what we think we know about human origins comes not from scientific investigation but from the imagination of philosophers.
Political Science --- State of nature --- property rights --- appropriation --- social contract theory --- state authority --- inequality --- equality --- origin of government
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This open access book utilizes new data to thoroughly analyze the main factors currently shaping the African housing market. Some of these factors include the supply and demand for housing finance, land tenure security issues, construction cost conundrum, infrastructure provision, and low-cost housing alternatives. Through detailed analysis, the authors investigate the political economy surrounding the continent’s housing market and the constraints that behind-the-scenes policy makers need to address in their attempts to provide affordable housing for the majority in need. With Africa’s urban population growing rapidly, this study highlights how broad demographic shifts and rapid urbanization are placing enormous pressure on the limited infrastructure in many cities and stretching the economic and social fabric of municipalities to their breaking point. But beyond providing a snapshot of the present conditions of the African housing market, the book offers recommendations and actionable measures for policy makers and other stakeholders on how best to provide affordable housing and alleviate Africa’s housing deficit. This work will be of particular interest to practitioners, non-governmental organizations, private sector actors, students and researchers of economic policy, international development, and urban development.
Housing finance --- Slum upgrading --- Africa --- Construction --- Political economy --- Land tenure --- Housing development --- Urban planning --- Real estate --- Public policy --- Property rights --- Economics
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Die Arbeit untersucht die Herausforderungen für das Urheberrecht infolge informationstechnologischer Entwicklungen. Auf der Grundlage der Property-Rights-Theorie werden die ökonomische Rechtfertigung für das Urheberrecht und die Anforderungen für dessen Ausgestaltung analysiert. Die Richtlinie 2001/29/EG soll das Urheberrecht an die Informationsgesellschaft anpassen. In einem rechtsökonomischen Ansatz werden Zielsetzung und Wirkungen der Richtlinie untersucht. Im Mittelpunkt der weiteren Analyse stehen anschließend Interdependenzen zwischen Urheberrecht und Wettbewerb. Behandelt werden dabei unter anderem die für viele Informationsgüter typischen Netzwerkeffekte und Standards sowie wettbewerbsrelevante Fragen hinsichtlich Zugang und Nutzung von urheberrechtlich geschützten Gütern.
Analyse --- Ausgestaltung --- Eine --- Entwicklungen --- Hardege --- Informationsgüter --- Informationsgüter --- Informationstechnik --- Informationstechnologische --- ökonomische --- Property-Rights-Ansatz --- Schutz --- Technischer Fortschritt --- Urheberrecht --- Urheberrechts --- Verfügungsrechten --- Wettbewerbspolitik --- Wettbewerbstheorie
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About the publicationHonoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete.It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence.Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia.I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend.To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God.I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors.To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow.Simon MotshweniEditor-in-Chief2020
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Religion and Politics: New Developments Worldwide features ten articles about recent developments in the interaction of Religion and Politics in various countries of Asia, Africa, Europe, and both North and South America. Most articles focus on one country, and including China, South Korea, India, Nigeria, Malaysia, France, and Cuba. Others address issues across regions such as Latin America, Southeast Asia, or the Middle East. The fifteen contributors are scholars from diverse disciplines as well as diverse regions of Asia, Europe, Africa, and the Americas. Subjects include the Indian government’s favoritism for Hinduism over rival religions; the way the Sikhs of India avoid the religion–politics divide; the way the Western media fails to fully understand the Chinese government’s policies on religious minorities; the aftermath of the Charlie Hebdo demonstrations in France; religious attitudes toward tax politics in South Korea as well as among Christians compared to Muslims; how to lessen the radicalization of Muslims in Southeast Asia; whether Nigeria should encourage its Muslims to be active in the Organisation of Islamic Cooperation; the spiritual role played by the permaculture movement in Cuba; and how the former tendency of scholars to polarize religion and politics is no longer viable, especially in Latin America.
religiosity --- religion --- tax equity --- exchange equity --- horizontal equity --- vertical equity --- Cuba --- permaculture --- nature spirituality --- religion and politics --- theories of religion --- deradicalization --- moderate education --- parent culture --- contextualization --- Southeast Asia --- religion --- religiosity --- ethics --- redistribution --- property rights --- economic inequality --- government --- subsidy --- tax --- public finance --- Latin America --- religion --- politics --- methodology --- theory --- Nigeria --- Organisation of Islamic Cooperation (OIC) --- foreign policy --- secularity --- economic aids --- Charlie Hebdo --- Je Suis Charlie --- January 11th 2015 --- French Republic --- secularism --- terrorism --- fraternity --- Akal Takhat --- British Raj --- halem? r?j --- Khalsa --- m?r?-p?r? --- religion and politics --- secularism --- SGPC --- Akali Dal --- Punjab --- Hindutva --- religious conversion --- ghar wapsi --- mass conversion --- India --- Dalit --- religion and politics --- People’s Republic of China --- Uyghurs --- Xinjiang --- Tibet
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The role of soils for achieving the Sustainable Development Goals is multifarious. Soils are the essential basis for food and biomass provision in support of food security (SDG 2) and energy security (SDG 7). Soil carbon sequestration is paramount for climate action (SDG 13). Soil-mediated water purification and retention, nutrient and matter cycling, and soils habitat functions are essential for maintaining ecosystem services and biodiversity (SDG 15). Healthy soils perform well in all these functions simultaneously. However, the globally increasing demand for food, fiber, and bio-based products poses massive challenges to soil health. Minimizing trade-offs between biomass production and soil health requires systemic approaches to assessment and governance of sustainable soil management in agriculture and food systems. It provides interdisciplinary insights into key questions: What are the impacts of agricultural management practices on sustainability targets in specific geophysical and socio-economic contexts? What are the opportunities and risks of future trends such as climate change, digitalization, and emerging technologies for soil management and soil health? How can institutions and governance instruments be improved to enable decision makers to take action on sustainable soil management? The book was initiated in the frame of the National German research program ‘BonaRes—Soil as a sustainable resource for the bioeconomy’, and it is meant to trigger interdisciplinary thinking.
conservation agriculture --- crop–livestock interactions --- Syria --- soil health --- agricultural innovation --- arid oasis --- combination of modern and indigenous knowledge --- Driver-Pressure-State-Impact-Response sustainability framework --- bayesian network --- soil functions --- conservation agriculture --- conventional farming --- zero tillage --- environmental zones --- phosphorus --- legal comparison --- governance --- sustainable agriculture --- fertilization --- soil protection --- Germany --- Costa Rica --- Nicaragua --- crop rotation modelling --- spatially explicit --- dynamic programming --- gross income --- carob --- yield --- soils --- desertification --- coffee by-products --- nutrient composition --- N leaching --- production --- so-called organic fertilizer --- ecosystem services --- governance --- institutions --- land --- property rights --- soils --- sustainability --- landowner --- tenant --- rent price --- rent proportion --- yield potential --- sustainable soil management --- soil degradation --- soil functions --- soil framework directive --- soil policy --- soil threats --- contamination --- sealing --- soil compaction --- risk assessment --- soil functions --- soil management --- subsoil --- compaction --- agricultural yields --- soil functions --- societal acceptance --- farmer motivations --- subsoil loosening --- alfalfa --- sustainable soil management --- resource scarcity --- Germany --- ecosystem services --- soil food web --- earthworms --- monitoring --- water infiltration --- agricultural policy --- behavioural studies --- literature review --- soil functions --- soil pressures --- justifying soil protection --- sustainable soil management --- creation ethics --- Laudato si’ --- property rights --- German Constitutional Law --- soil --- ecosystem services --- land management --- soil remediation --- Europe --- soil functions --- agricultural practices --- sustainability assessment --- ecosystem services --- resource use efficiency --- soil policy --- soil governance
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