Rights System (right + system)

Distribution by Scientific Domains


Selected Abstracts


An Evaluation of the African Regional Intellectual Property Right Systems

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 1 2003
Enyinna S. Nwauche
First page of article [source]


Rights and Access to Plant Genetic Resources under India's New Law

DEVELOPMENT POLICY REVIEW, Issue 4 2004
Anitha Ramanna
Recognition of ,Farmer's Rights' is an attempt by developing countries to evolve a counterclaim to breeders' Intellectual Property Rights (IPRs) promoted under the TRIPs Agreement of the WTO. India is one of the first countries to have granted rights to both breeders and farmers under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This multiple rights system aims to distribute rights equitably, but may pose the threat of an ,anticommons tragedy' i.e. too many parties independently possessing the right to exclude others from utilising a resource. If under-utilisation of plant genetic resources results, the Act will have negative consequences for sustaining crop productivity and for the welfare of the very farming communities it seeks to compensate. [source]


Building Intercultural Citizenship through Education: a human rights approach

EUROPEAN JOURNAL OF EDUCATION, Issue 2 2008
RODOLFO STAVENHAGEN
This article analyses the challenges posed by traditional ethnic and linguistic minorities in multicultural states and more specifically the problems faced by indigenous peoples and communities. Their educational and cultural needs and demands are increasingly being framed in the language of human rights, based on the expanding international legal and institutional human rights system. The United Nations World Conference on Human Rights, held in Vienna in 1993, endorsed a rights-based approach to development, human rights education is a growing field in educational practice, respect for cultural diversity is now enshrined in international and domestic laws, and the right of every person to education and to culture has become a mainstay of international human rights principles to which a majority of the world's states has subscribed. [source]


Property rights and western United States water markets,

AUSTRALIAN JOURNAL OF AGRICULTURAL & RESOURCE ECONOMICS, Issue 1 2009
Zachary Donohew
This paper addresses water scarcity issues in the American West and examines the allocation of water through the appropriative rights system and the extent markets are used to reallocate water from low- to high-valued uses. The unique physical properties of water make it difficult to bound and measure, which makes defining property rights difficult. Markets are also impeded by disputes over third-party effects due to the interdependencies of water users and complex institutional arrangements that dilute decision-making authority. Analysis of water trading in the western United States indicates that the rate of permanent transfers is increasing over time and urban users are paying higher prices relative to agricultural users. [source]


African elephants: the effect of property rights and political stability

CONTEMPORARY ECONOMIC POLICY, Issue 1 2000
MA. McPherson
African elephant populations have declined by more than 50% over the past 20 years. International outrage over the slaughter led to a worldwide ban on ivory sales beginning in 1989, despite the objections of many economists and scientists, and of several southern African countries that have established systems of property rights over elephants. Far from declining, elephant populations in many of these countries have increased to levels at or above the carrying capacity of the ecosystem. This article estimates the determinants of changes in elephant populations in 35 African countries over several time periods. The authors find that, controlling for other factors, countries with property rights systems of community wildlife programs have more rapid elephant population growth rates than do those countries that do not. Political instability and the absence of representative governments significantly lower elephant growth rates. [source]


The Politics of Disciplining Water Rights

DEVELOPMENT AND CHANGE, Issue 2 2009
Rutgerd Boelens
ABSTRACT This article examines how the legal systems of Andean countries have dealt with the region's huge plurality of local water rights, and how official policies to ,recognize' local rights and identities harbour increasingly subtle politics of codification, confinement and disciplining. The autonomy and diversity of local water rights are a major hindrance for water companies, elites and formal rule-enforcers, since State and market institutions require a predictable, uniform playing field. Complex local rights orders are seen as irrational, ill-defined and disordered. Officialdom cannot simply ignore or oppress the ,unruliness and disobedience' of local rights systems: rather it ,incorporates' local normative orders that have the capacity to adequately respond to context-based needs. This article examines a number of evolving, overlapping legal domination strategies, such as the ,marrying' of local and official legal systems in ways that do not challenge the legal and power hierarchy; and reviews the ways in which official regulation and legal strategies deny or take into consideration local water rights repertoires, and the politics of recognition that these entail. Post-colonial recognition policies are not simply responses to demands by subjugated groups for greater autonomy. Rather, they facilitate the water bureaucracy's political control and help neoliberal sectors to incorporate local water users' rights and organizations into the market system , even though many communities refuse to accept these policies of recognition and politics of containment. [source]