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The Silent Peacemaker: Intellectual Property Rights and the Interwar International Legal Order, 1919–1939
This collection of essays explores the role intellectual property played in the interwar period and the expansion and protection of intellectual property rights. The geographical scope of the book is global so as to give perspectives from different regions on how intellectual property law developed. The topics covered range from a synopsis of intellectual property in Jewish works confiscated by the Nazis to how intellectual property can be understood as part of the evolution of inventors’ moral rights. This volume’s aim is to develop new narratives on the ideas and structures of intellectual property during the interwar period and on how those ideas and structures were held together by the competing forces of markets, ownership and political ideals of the international legal order at that time. Contributors are: Michael Blakeney, Enrico Bonadio, Patricia Covarrubia, Christine Haight Farley, Laura Ford, Giacomo Gabbuti, Johanna Gibson, Phillip Johnson, Ekaterina Kirsanova, Anat Lior, P. Sean Morris, Alessandro Nuvolari, Emmanuel Oke, Véronique Pouillard, Akshita Rohatgi, Anele Simon, Caterina Sganga, Noppanun Supasiripongchai, Masabumi Suzuki, and Lior Zemer.
Economic Sanctions under International Law
The effects of US secondary sanctions are broad and are often designed to cripple the target country’s economy and currency. Some states have sought to circumvent these sanctions by setting up a special purpose vehicle to facilitate trade and financial transactions with the sanctioned country on humanitarian grounds. Although the nature of these special purpose vehicles is new and experimental, they are little understood, not least how they operate and function in international law. This volume addresses this gap by identifying and examining some of the legal issues that a special purpose vehicle such as the Instrument in Support of Trade Exchanges (INSTEX) generates. The collection brings together leading legal academics, sanctions practitioners and policy experts to provide an assessment of the special purpose vehicle in the context of secondary sanctions in international law. It will be of interest to researchers and academics in International law, Security law, Economic law and Comparative law.
The League of Nations and the Development of International Law
This volume examines the contributions to International Law of individual members of the Advisory Committee of Jurists in the League of Nations, and the broader national and discursive legal traditions of which they were representative. It adopts a biographical approach that complements existing legal narratives. Pre-1914 visions of a liberal international order influenced the post-1919 world based on the rule of law in civilised nations. This volume focuses on leading legal personalities of this era. It discusses the scholarly work of the ACJ wise men, their biographical notes, and narrates their contribution as legal scholars and founding fathers of the sources of international law that cu...
Transforming the Politics of International Law
This volume examines the role of League of Nations committees, particularly the Advisory Committee of Jurists (ACJ) in shaping the statute of the Permanent Court of International Justice (PCIJ). The authors explore the contributions of individual jurists and unofficial members in shaping the League’s international legal machinery. It is a companion book to The League of Nations and the Development of International Law: A New Intellectual History of the Advisory Committee of Jurists (Routledge, 2021). One of the guiding principles of the book is that the development of international law was a project of politics where the idea and notion of an international society must contend with the pol...
Intellectual Property and the Law of Nations, 1860-1920
What was the state of the law and how states managed to fulfil their international legal obligations under the law of nations with respect to intellectual property protection? 13 contributors show how the transition of intellectual property from private rights holders and their non-state patrons evolves into state lawmaking. The book presents these transitions through international legal perspectives and the history of intellectual property rights in late modern societies in Europe, the United States, Asia and Colonial States in Africa. Contributors are: Daniel Acquah, Ainee Adam, Louise Duncan, Johanna Gibson, Philip Johnson, Jyh-An Lee, Yangzi Li, P. Sean, Morris, Peter Munkacsi, Zvi Rosen, Devanshi Saxena, Johannes Thumfart, and Esther van Zimmeren.
Putinism – Post-Soviet Russian Regime Ideology
A key question for the contemporary world: What is Putin’s ideology? This book analyses this ideology, which it terms “Putinism”. It examines a range of factors that feed into the ideology – conservative thought in Russia from the nineteenth century onwards, Russian and Soviet history and their memorialisation, Russian Orthodox religion and its political connections, a focus on traditional values, and Russia’s sense of itself as a unique civilisation, different from the West and due a special, respected place in the world. The book highlights that although the resulting ideology lacks coherence and universalism comparable to that of Soviet-era Marxism-Leninism, it is nevertheless effective in aligning the population to the regime and is flexible and applicable in different circumstances. And that therefore it is not attached to Putin as a person, is likely to outlive him, and is potentially appealing elsewhere in the world outside Russia, especially to countries that feel belittled by the West and let down by the West’s failure to resolve problems of global injustice and inequality.
The Supreme National Tribunal and International Criminal Law
This book examines the establishment, operation, and legacy of Poland’s special post-war court created to prosecute leading German war criminals. Between 1946 and 1948, it conducted seven seminal landmark trials involving 49 defendants, including notorious figures such as Arthur Greiser, Amon Goeth, Rudolf Hoess, and members of the Auschwitz staff. The Tribunal aimed to foreground the Polish experience within the international discourse on post-war justice, offering a judicial account of the suffering endured under Nazi occupation. Simultaneously, it illuminated the singularity of the Jewish tragedy, with some proceedings arguably constituting the earliest Holocaust trials. This monograph ...
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to th...
Slavery, Indenture and the Law
This book addresses historical issues of colonialism and race, which influenced the formation of multicultural society in Mauritius. During the 19th century, Mauritius was Britain’s prime sugar-producing colony, yet, unlike the West Indies, its history has remained significantly under-researched. The modern demographic of multi-ethnic Mauritius is unusual as, in the absence of an indigenous people, descendants of colonists, slaves and indentured labourers constitute the majority of the island’s population today. Thus, it may be said that the Mauritian nation was "assembled" during the period in question. This work draws on an in-depth examination of the two labour systems through which t...
Dictatorial Power and States of Exception in the Weimar Republic
This book is an account of the tension between the need for order and the desire for freedom during the tense years of the Weimar Republic. It explains how various groups interpreted Article 48 of the Weimar Constitution and utilized it to reinstate peace and tranquility. While Article 48 is usually associated with the so-called Preußenschlag—the taking over of the Prussian government by the order of Reich Chancellor Kurt von Papen—it had been introduced as a necessity during earlier “states of emergency.” This investigation delves into the relevant works by many of the leading constitutional scholars in Germany. This list includes Hugo Preuss, Carl Schmitt, Hans Kelsen, Gerhard Ans...
