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Rights Protection (right + protection)

Distribution by Scientific Domains

Law and Criminology	41%
Humanities and Social Sciences	33%
Business, Economics, Finance and Accounting	16%

Kinds of Rights Protection

human right protection

property right protection

Selected Abstracts

Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession Conundrums

EUROPEAN LAW JOURNAL, Issue 1 2009
Anneli Albi
In the wake of the extensive scrutiny of the human rights credentials of the new Member States under the EU pre-accession conditionality, which itself was riddled with paradoxes, this article considers a rather unexpected irony thrown up by the accession of these countries. It is that the post-communist constitutional courts, which have been applauded for vigorous protection of fundamental rights after the fall of the Communist regime that was marked by nihilism to rights, have come rather close to having to downgrade the protection standards after accession, due to the new constraints of supremacy of EC law. The article will consider the sugar market cases of the Hungarian and Czech Constitutional Courts and of the Estonian Supreme Court, which appear to add weight to the concerns that have been voiced in some older Member States about the fundamental rights protection in the EU. Indeed such concerns were recently also addressed in the concurring opinions to the Bosphorus judgment of the European Court of Human Rights. [source]

Property Rights Protection of Biotechnology Innovations

JOURNAL OF ECONOMICS & MANAGEMENT STRATEGY, Issue 4 2005
Diana M. Burton
Protection of intellectual property embedded in self-replicating biological innovations, such as genetically modified seed, presents two problems for the innovator: the need for copy protection of intellectual property and price competition between new seed and reproduced seed. We consider three regimes in two periods with asymmetric information: short-term contracts, biotechnological protection, and long-term contracts. We find that piracy imposes more intense competition for seed sales than does durability alone. Technology protection systems yield highest firm profit and long-term contracts outperform short-term contracts. Farmers prefer, in order, long-term, short-term, and biotechnical protection. Depending on monitoring cost, long-term contracts may be socially preferred to short-term contracts, with both preferred to biotechnical protection. [source]

Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession Conundrums

Human Rights of Migrants: Challenges of the New Decade

INTERNATIONAL MIGRATION, Issue 6 2001
Patrick A. Taran
This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non-citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non-nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non-nationals. A counter-offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti-crime measures. Intergovernmental cooperation on migration "management" is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter-state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti-discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non-nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter-agency cooperation by international organizations is also noted. [source]

Human Rights Barriers for Displaced Persons in Southern Sudan

JOURNAL OF NURSING SCHOLARSHIP, Issue 3 2009
Carol Pavlish PhD
Abstract Purpose: This community-based research explores community perspectives on human rights barriers that women encounter in a postconflict setting of southern Sudan. Methods: An ethnographic design was used to guide data collection in five focus groups with community members and during in-depth interviews with nine key informants. A constant comparison method of data analysis was used. Atlas.ti data management software facilitated the inductive coding and sorting of data. Findings: Participants identified three formal and one set of informal community structures for human rights. Human rights barriers included shifting legal frameworks, doubt about human rights, weak government infrastructure, and poverty. Conclusions: The evolving government infrastructure cannot currently provide adequate human rights protection, especially for women. The nature of living in poverty without development opportunities includes human rights abuses. Good governance, protection, and human development opportunities were emphasized as priority human rights concerns. Human rights framework could serve as a powerful integrator of health and development work with community-based organizations. Clinical Relevance: Results help nurses understand the intersection between health and human rights as well as approaches to advancing rights in a culturally attuned manner. [source]

The influence of foreign direct investment on contracting confidence in developing countries

REGULATION & GOVERNANCE, Issue 3 2008
John S. Ahlquist
Abstract This paper examines whether foreign direct investment (FDI) influences confidence in commercial contracts in developing countries. While the research on how host countries' policy environments encourage FDI inflows has flourished, scholars have paid less attention to how the policy environment and local actors' beliefs might, in turn, be affected by FDI. This is surprising because multinational enterprises are well-recognized political and economic actors across the world. We expect that their increasing economic salience will influence the policy environments in which they function. By employing an innovative measure of property rights protection , contract-intensive money , we examine how foreign direct investment influences host countries' contract-intensive money ratio in a large panel time series of both developed and developing countries from 1980 to 2002. Our analysis suggests that higher levels of FDI inflows are associated with greater confidence in commercial contracts and, by extension, the protection of property rights in developing countries. [source]

Property rights protection and access to bank loans

THE ECONOMICS OF TRANSITION, Issue 4 2006
Evidence from private enterprises in China
D23; O16 and P23 Abstract Poor protection of private property has limited the access to bank loans by private enterprises in developing and transition economies. Under those circumstances, private entrepreneurs have resorted to various ways of enhancing the de facto protection of private property. Using a dataset of 3,073 private enterprises in China, this paper empirically investigates the impact of political participation and philanthropic activities , informal substitutes for the lack of formal protection of private property , on the access to bank loans. [source]

A New Dispute Concerning the TRIPS Agreement: The United States and China in the WTO

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 6 2007
Alpana Roy
On 10 April 2007, the United States filed a complaint against China in the dispute settlement body of the World Trade Organization (WTO) with respect to the protection and enforcement of intellectual property rights. The United States has requested "consultations" with China on four separate matters: the threshold requirements for criminal procedures and penalties in Chinese law; the disposal of goods confiscated by Chinese customs authorities that infringe intellectual property rights; the issue of copyright and related rights protection for works that have not been authorized for publication or distribution within China; and the unavailability of criminal procedures and penalties for persons engaged in unauthorized reproduction or unauthorized distribution of copyrighted works. Despite widespread allegations of intellectual property piracy, this is the first official complaint that has been lodged against China in the WTO with respect to its obligations under the TRIPS Agreement. While consultations with China have been requested, no dispute settlement panel has been established with respect to the complaint. This note will outline the complaint against China in more detail. [source]

General Comment No. 17 on "Authors' Rights"

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 1 2007
Hans Morten Haugen
General Comment No. 17 on authors' rights is a comprehensive assessment of the normative content of article 15, paragraph 1(c) of the International Covenant on Economic, Social and Cultural Rights (the Covenant). Also, the obligations and violations are spelled out in great detail. It is found that the General Comment makes a clear distinction in principle between standard intellectual property rights and the protection given in accordance with article 15, paragraph 1(c). At the same time, the General Comment does not outline any specific tools for determining when an intellectual effort would result in human rights protection and when it would fall outside of the scope of this protection. Two clarifications have resulted in a positive reception of the General Comment among those who expressed criticism during the drafting. First, General Comment No. 17 acknowledges the need for human rights protection for local and indigenous communities. Second, General Comment No. 17 emphasizes the balance between the private interests of the authors and the other human rights recognized in the Covenant. [source]

The Trouble with Moral Rights

THE MODERN LAW REVIEW, Issue 3 2005
Patrick Masiyakurima
It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal inconsistencies generated by the vagaries of copyright exploitation. Harmonising moral rights protection or using moral rights justifications cumulatively may not resolve the theoretical inconsistencies. Copyright protection must therefore be seriously overhauled if moral rights are to be widely perceived as vehicles for protecting authors' rights. [source]

ACCESS TO ESSENTIAL MEDICINES: A HOBBESIAN SOCIAL CONTRACT APPROACH

DEVELOPING WORLD BIOETHICS, Issue 2 2005
RICHARD E. ASHCROFT
ABSTRACT Medicines that are vital for the saving and preserving of life in conditions of public health emergency or endemic serious disease are known as essential medicines. In many developing world settings such medicines may be unavailable, or unaffordably expensive for the majority of those in need of them. Furthermore, for many serious diseases (such as HIV/AIDS and tuberculosis) these essential medicines are protected by patents that permit the patent-holder to operate a monopoly on their manufacture and supply, and to price these medicines well above marginal cost. Recent international legal doctrine has placed great stress on the need to globalise intellectual property rights protections, and on the rights of intellectual property rights holders to have their property rights enforced. Although international intellectual property rights law does permit compulsory licensing of protected inventions in the interests of public health, the use of this right by sovereign states has proved highly controversial. In this paper I give an argument in support of states' sovereign right to expropriate private intellectual property in conditions of public health emergency. This argument turns on a social contract argument for the legitimacy of states. The argument shows, further, that under some circumstances states are not merely permitted compulsory to license inventions, but are actually obliged to do so, on pain of failure of their legitimacy as sovereign states. The argument draws freely on a loose interpretation of Thomas Hobbes's arguments in his Leviathan, and on an analogy between his state of War and the situation of public health disasters. [source]