Internet search engines display advertisements along with search results, providing them with a major source of revenue. The display of ads is triggered by the use of keywords, which are found in the searches performed by search engine users. The fact that advertisers can buy a keyword that contains a trademark they do not own has caused controversy worldwide. To explore the actual effects of trademark and keyword advertising policies, we exploit a natural experiment in Europe. Following a decision by the Court of Justice of the European Union, Google relaxed its AdWords policy in continental Europe in September 2010. After the policy change, Google allowed advertisers to select a third party's trademark as a keyword to trigger the display of ads, with only a limited complaint procedure for trademark owners. We use click-stream data from European Internet users to explore the effect this policy change had on browsing behavior. Based on a data set of 5.38 million website visits before and after the policy change, we find little average change. However, we present evidence that this lack of average effect stems from an aggregation of two opposing effects. While navigational searches are less likely to lead to the trademark owner's website, non-navigational searches are more likely to lead to the trademark owner's website after the policy change. The effect of changing keyword advertising policies varies with the purpose of the consumers using the trademark, and it is more pronounced for lesser-known trademarks. The article points to tradeoffs trademark policy is facing beyond consumer confusion. More generally, the article proposes a novel way of analyzing the effect of different allocations of property rights in intellectual property law.
Fight against terrorism is an important public interest. Data on natural persons that belongs to the area of their private life could help the state in the aforementioned fight. Therefore, the state may be interested in collecting the data on all the natural persons within its jurisdiction in order to prevent terrorist attacks. This raises the question if the state could collect that information without any legal restrictions. In this work, the relevant provisions of universal international law, the law of the Council of Europe, the European Union and Lithuania will be examined and the answer to the question will be provided. In the universal international law, 17 "sectorial" treaties describe certain types of behaviour that can be called terrorism. Therefore, the present concept of terrorism is very fragmented, i. e. different treaties directly or indirectly provide the definition of terrorism applied just for that certain treaty. It is important to mention that the inclusion of certain features in the concept of terrorism endangers the human rights protected by the international law and may unreasonably restrict the possibilities of freedom fighters to defend themselves from illegal foreign occupation or to seek to realise the right to self-determination. For example, the inclusion of substantial harm to the environment in the definition of terrorism as an alternative feature of this crime may unreasonably restrict the possibilities of freedom fighters, as they may have no viable alternatives to resist illegal violence used against them. The serious harm to property, as an alternative feature of terrorism, may lead to the infringement of the rights of legal protesters. It is also important to mention that some features of the crime of terrorism are not comprehensively defined concepts, e. g. serious harm to property, serious injury or substantial harm to the environment. Therefore, there is the risk that even not considerably dangerous behaviour may be mistakenly called terrorism. As a result, various human rights may be infringed. On the other hand, many of these problems could be avoided by the appropriate interpretation of the provisions of the treaties, as all of them directly or indirectly emphasize the necessity to respect human rights, provides for the possibility to reject a request for extradition if it is reasonably believed that the person will be prosecuted for his nationality, ethnic origin, race, religion or political opinion and as states have other international obligations. The Council of Europe defines the concept of terrorism by making references to universal "sectorial" treaties, but it also define some aspects of the crime of terrorism directly. The European Union has chosen a different way, as it provides the general definition of the crime of terrorism. It is important to mention that both the law of the Council of Europe and the law of the European Union recognize the need to respect human rights during the fight against terrorism. Concerning the definition of terrorism, Lithuania has obliged itself by some universal international treaties and certain treaties of the Council of Europe. Moreover, Lithuania is a member of the European Union therefore the law of the latter is also applied in this country. Thus the provisions of the aforementioned types of law have affected the national criminal law of Lithuania. The criminal code of Lithuania defines two groups of crimes related to terrorism, i. e. the crimes of terrorism and the crimes related to terrorist activities. It is important to mention that the two groups of crimes are not necessarily especially dangerous. All the aforementioned levels of law emphasize the necessity to respect human rights in the fight against terrorism. And the right to private life is one of them. According to the universal international law, the law of the Council of Europe, the European Union and Lithuania, the private life of an individual is a concept that cannot be defined comprehensively. This concept is a very broad one and the essence of it is explained by giving examples of different aspects of the private life of natural persons. All the aforementioned levels of law recognise that the right to private life can be limited. However, this may be done only if certain legal requirements, including the principles of necessity and proportionality, are met. It must be noted that the sensitive areas of the private life of individuals have greater protection, therefore it is harder to justify the interference into them. Automatic measures may also cause problems as, in certain cases, they may be inconsistent with the obligation of the state to take into account the circumstances of the situation and to follow the principles of necessity and proportionality (Lithuanian law does not allow such measures, as, according to the Constitution, the information about the private life of an individual can be collected only if a court has authorized it by a reasoned decision). According to the universal international law, the law of the Council of Europe and Lithuanian law, it may be derogated from the right to private life in an extraordinary situation, but certain legal requirements, including the principles of necessity and proportionality, must also be fulfilled. In conclusion, the state may limit the right to private life of individuals during the fight against terrorism. However, there are legal restrictions for such interference.
International Relations scholars have long debated whether the American public is allergic to realism, which raises the question of how they would 'contract' it in the first place. We argue that realism isn't just an IR paradigm, but a belief system, whose relationship with other ideological systems in public opinion has rarely been fully examined. Operationalizing this disposition in ordinary citizens as 'folk realism,' we investigate its relationship with a variety of personality traits, foreign policy orientations, and political knowledge. We then present the results of a laboratory experiment probing psychological microfoundations for realist theory, manipulating the amount of information subjects have about a foreign policy conflict to determine whether uncertainty leads individuals to adopt more realist views, and whether realists and idealists respond to uncertainty and fear differently. We find that many of realism's causal mechanisms are conditional on whether subjects already hold realist views, and suggest that emotions like fear may play a larger role in realist theory than many realists have assumed. Adapted from the source document.
Few men correspond to the sometimes overused notion of the "Great European" better than Jorge Semprun. A member of the French resistance during the Second World War, Buchenwald survivor, fierce opponent of the Franco dictatorship in his native Spain, a communist at odds with his party since 1964, & Minister of Culture under Felipe Gonzalez from 1988 to 1991, this multitalented intellectual (writer, philosopher, politician, etc.) is a long-standing defender of a unified Europe. Now 87, Jorge Semprun looks at the EU with concern. In this interview with Olivier Guez, he regrets the Union's lackadaisical performance. According to Mr. Semprun, European unity should not be based solely on economic links. The Old Continent needs a spiritual facet, a bit more soul. Unfortunately, the great men of the past, such as Kohl, Delors & Gonzalez, have passed the baton to the next generation, who, in the eyes of Jorge Semprun, are not cut from the same cloth. Adapted from the source document.
Handwritten Note - A article by Ruth Gorman expressing the more personal side of property rights loss associated with Pierre Trudeau's proposed new constitution, Alberta (7 pages) ; WCC
Frontmatter -- Contents -- Preface -- Bibliography of Works by Lord Kames and Abbreviated References -- I. Introduction -- II. Aesthetics -- III. Moral Philosophy I: Principles -- IV. Moral Philosophy II: Development -- V. Political Philosophy, Anthropology and Commerce -- VI. Legal History, Legal Science and Comparative Law -- VII. Property -- VIII. Equity -- IX. Obligations and Enforcement -- X. Criminal Law -- XI. Lord Kames's Influence on Some of the Founders of the United States -- XII. A Critical Conclusion -- Bibliography -- Index
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The article presents the political-legal views of Claude-Adrian Helvetius on the impact of a social environment on the development of the state, the Laws and Rights; it is accented the equality before the law and examined an opinion of the scientist how with the help of both soft laws people can be controlled, which consist of the owners of that powerful state.State, people, social contract, law, private property.
The civil cornmunal property was highly rooted to the idiosyncrasy of the Indians at the time of the Spanish arrival in America. At first, this was supported by the legislation OS the Indian law, not only by respecting the necessity of communitarian goods by the natives, but also as a source of commonwealth for the new neighbors of the city of village. But since late the xm century initiated a modernizing process destined to abolish the communal property over the land in all manifestations, looking Sor finishing the domain restrictions and the poor productivity that this kind OS property. Later, both the constitutions as the codes and laws OS the new American republics take this instance, generating a process away from the prevailing reality, therefore, not quite pacific and organized. ; La propiedad comunal civil estaba altamente arraigada a la idiosincrasia de los indígenas a la llegada de los españoles a América. En un principio, esta fue apoyada por la legislación del Derecho indiano, no sólo respetando la necesidad de bienes comunitarios por parte de los nativos, sino también como una fuente de bien común para los nuevos vecinos de la ciudad o villa. Mas desde fines del siglo XVIII se inició un proceso modernizador destinado a abolir la propiedad comunal de la tierra en todas sus formas, buscando acabar con las restricciones al dominio y la poca productividad que generaba este tipo de propiedad. Más tarde, tanto las constituciones como los códigos y leyes de las nuevas repúblicas americanas cogieron esta postura, generando un proceso alejado de la realidad imperante, y por ende, no del todo pacífico y ordenado.
This article is not about the gun control issue per se; instead, it considers the way in which this issue has been treated by social scientists. The article points to some of the shortcomings in what is commonly referred to as the conventional social scientific approach to controversial social matters. While the subject examined in the article is gun control, other equally controversial issues, such as school busing or the legalization of marijuana, could have been used as well to make the same points.SUMMARYUsing the gun control issue as a case in point, this article has argued that the conventional social scientific treatment of controversial social phenomena often has much more in common with sagecraft than it does with social science. The social scientific treatment of the gun issue passed on to the general public through magazine articles, the published findings of various social‐science‐assisted commissions, and social science textbooks, is generally identical to the pro‐gun control argument accepted by that segment of American society with which the more prominent social scientists are more likely to identify—namely urban, college educated, philosophically and politically liberal, upper‐middle class, or cosmopolitan America. It would appear that cosmopolitan ethnocentrism and the sage orientation that it fosters do little to encourage the intellectual curiosity and skepticism so vital to the social scientific enterprise.
In sum, despite the efforts of the General Assembly, Virginia law remains stuck between the "rock" of antiquated theft crimes and the "hard place" of due process. Tinkering with procedural rules merely masks the real problem. My aim in this article is to suggest a different approach. It is time to address the substantive definition of theft crimes in Virginia: to consolidate the crimes of larceny, embezzlement, and false pretenses-as most other American jurisdictions have done into a single offense. By dealing with substance rather than procedure, we can eliminate historical distinctions which serve only to confound prosecutors and complicate criminal litigation. And we can do so without sacrificing the rights of defendants.
Against the background of the so-called European paradox, i.e. the conjecture that EU countries lack the capability to transfer science into commercial innovations, knowledge transfer from academia to industry has been a central issue in policy debates recently. Based on a sample of German scientists we investigate which academic inventions are patented by a scientific assignee and which are owned by corporate entities. Our findings suggest that faculty patents assigned to corporations exhibit a higher short-term value in terms of forward citations and a higher potential to block property rights of competitors. Faculty patents assigned to academic inventors or to public research institutions, in contrast, are more complex, more basic and have stronger links to science. These results may suggest that European firms lack the absorptive capacity to identify and exploit academic inventions that are further away from market applications.
In: Journal of policy and practice in intellectual disabilities: official journal of the International Association for the Scientific Study of Intellectual Disabilities, Band 21, Heft 2
AbstractThe influence of context on the conceptualization, measurement, and application of the quality of life concept was acknowledged in the principles contained within the original Quality of Life Consensus Document published in 2002 and validated in 2004. Since that time, there has been a substantial increase in our understanding of both the QOL construct and the multidimensional properties of context. The purpose of this article is to report on a multi‐step process conducted in 2019 by a group of international quality of life experts to review, critique, and update where necessary the QOL principles that were originally developed in 2002. Updated principles for conceptualization, measurement, and application are provided. An understanding of the role of context on the QOL concept allows for measurement guidelines to accompany the measurement principles, an understanding of the application conditions associated with a person‐ or family‐centered approach to QOL, and implementing guidelines regarding both the development of QOL‐related policies and practices and their monitoring and evaluation.
Проведено аналіз чинників, що обумовлюють виникнення та ескалацію збройного конфлікту в Україні. Розкрито сутність міжнародних безпекових організацій. Досліджено діяльність Організації Об'єднаних Націй та Організації з безпеки та співробітництва в Європі щодо врегулювання внутрішнього збройного конфлікту в Донецькій та Луганській областях. Надано пропозиції з удосконалення діяльності цих міжнародних організацій. ; Проведен анализ факторов, обусловливающих возникновение и эскалацию вооруженного конфликта в Украине. Раскрыта сущность международных организаций безопасности. Исследована деятельность Организации Объединенных Наций и Организации по безопасности и сотрудничеству в Европе ПО урегулированию внутреннего вооруженного конфликта в Донецкой и Луганской областях. Разработаны предложения по улучшению деятельности этих международных организаций. ; Problem setting. Armed conflict in the Donetsk and Lugansk regions led to significant losses as personnel of military units and special law enforcement agencies of Ukraine and civilian casualties Ukraine.Under these conditions, according to most politicians and political scientists to modern standards of international law crisis management in Ukraine is possible only through the mediation of international organizations. International organizations have a tool for early detection, warning and conflict prevention and crisis management and post-conflict rehabilitation, they are engaged in a wide range of security issues, including arms control, preventive diplomacy, confidence-building measures, human rights, monitoring elections, economic and environmental security and so on.Recent research and publications analysis. In the literature of recent years certain issues affecting the regulatory and legal framework of international organizations in the field of security. However, scientific research towards the place and role of international organizations in resolving the internal armed conflict in research paid insufficient attention.Paper objective. The article is to examine the nature of international security organizations, evaluating the effectiveness of their work to resolve the situation in the Donetsk and Lugansk regions and providing relevant proposals.Paper main body. The primary place in the order of settlement of the armed conflict in the South East Ukraine has a key intergovernmental international organizations dealing with peace and security in the world – the United Nations (UN) and the Organization for Security and Cooperation in Europe (OSCE).The new National Security Strategy of Ukraine of 05.06.2015 p. Indicated that the aggression of Russia against Ukraine increased the urgency of reforming the Security Council. As part of the UN General Assembly will focus the government of Ukraine will support such initiatives to reform the UN Security Council, which will provide an adequate response to its violations of international law, even if the offender is a permanent member of this body.The main role in resolving the armed conflict currently owned OSCE. The feature is the presence of its field operations acting directly in some participating States, upon request and provide necessary assistance. Decisions in the OSCE adopt by consensus.Currently, there is a problem in meeting the personal safety of observers. The forces of law and order are the following main objectives: personal safety SMM OSCE during their surveillance in the territory controlled by Ukraine; support the SMM OSCE in the demilitarized zone with the ability to provide shelter in special equipment and engineering facilities in the alleged attacks; property protection equipment and CMM OSCE in their locations of the territory controlled by Ukraine.Conclusions of the research. The only security support among international organizations in the settlement of the armed conflict in the South East of Ukraine (except for economic sanctions against the "aggressor country") is an unarmed civilian OSCE SMM. OSCE needs serious reform, the creation of a new model of its operation, which takes into account the new situation in Europe, the dramatic changes the security environment, the emergence of new challenges and threats.Areas for further scientific studies will be used to research legal and organizational-tactical bases of improvement of international organizations in resolving the armed conflict.
Problem setting. Armed conflict in the Donetsk and Lugansk regions led to significant losses as personnel of military units and special law enforcement agencies of Ukraine and civilian casualties Ukraine.Under these conditions, according to most politicians and political scientists to modern standards of international law crisis management in Ukraine is possible only through the mediation of international organizations. International organizations have a tool for early detection, warning and conflict prevention and crisis management and post-conflict rehabilitation, they are engaged in a wide range of security issues, including arms control, preventive diplomacy, confidence-building measures, human rights, monitoring elections, economic and environmental security and so on.Recent research and publications analysis. In the literature of recent years certain issues affecting the regulatory and legal framework of international organizations in the field of security. However, scientific research towards the place and role of international organizations in resolving the internal armed conflict in research paid insufficient attention.Paper objective. The article is to examine the nature of international security organizations, evaluating the effectiveness of their work to resolve the situation in the Donetsk and Lugansk regions and providing relevant proposals.Paper main body. The primary place in the order of settlement of the armed conflict in the South East Ukraine has a key intergovernmental international organizations dealing with peace and security in the world – the United Nations (UN) and the Organization for Security and Cooperation in Europe (OSCE).The new National Security Strategy of Ukraine of 05.06.2015 p. Indicated that the aggression of Russia against Ukraine increased the urgency of reforming the Security Council. As part of the UN General Assembly will focus the government of Ukraine will support such initiatives to reform the UN Security Council, which will provide an adequate response to its violations of international law, even if the offender is a permanent member of this body.The main role in resolving the armed conflict currently owned OSCE. The feature is the presence of its field operations acting directly in some participating States, upon request and provide necessary assistance. Decisions in the OSCE adopt by consensus.Currently, there is a problem in meeting the personal safety of observers. The forces of law and order are the following main objectives: personal safety SMM OSCE during their surveillance in the territory controlled by Ukraine; support the SMM OSCE in the demilitarized zone with the ability to provide shelter in special equipment and engineering facilities in the alleged attacks; property protection equipment and CMM OSCE in their locations of the territory controlled by Ukraine.Conclusions of the research. The only security support among international organizations in the settlement of the armed conflict in the South East of Ukraine (except for economic sanctions against the "aggressor country") is an unarmed civilian OSCE SMM. OSCE needs serious reform, the creation of a new model of its operation, which takes into account the new situation in Europe, the dramatic changes the security environment, the emergence of new challenges and threats.Areas for further scientific studies will be used to research legal and organizational-tactical bases of improvement of international organizations in resolving the armed conflict. ; Проведен анализ факторов, обусловливающих возникновение и эскалацию вооруженного конфликта в Украине. Раскрыта сущность международных организаций безопасности. Исследована деятельность Организации Объединенных Наций и Организации по безопасности и сотрудничеству в Европе ПО урегулированию внутреннего вооруженного конфликта в Донецкой и Луганской областях. Разработаны предложения по улучшению деятельности этих международных организаций. ; Проведено аналіз чинників, що обумовлюють виникнення та ескалацію збройного конфлікту в Україні. Розкрито сутність міжнародних безпекових організацій. Досліджено діяльність Організації Об'єднаних Націй та Організації з безпеки та співробітництва в Європі щодо врегулювання внутрішнього збройного конфлікту в Донецькій та Луганській областях. Надано пропозиції з удосконалення діяльності цих міжнародних організацій.