Relevant bibliographies by topics / Collective use of rights

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Collective use of rights'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Collective use of rights"

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Brett, Nathan. "Language Laws and Collective Rights." Canadian Journal of Law & Jurisprudence 4, no. 2 (July 1991): 347–60. http://dx.doi.org/10.1017/s0841820900002976.

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This paper focuses on Quebec language legislation which has the effect of prohibiting the use of the use of English on signs. The controversial “Frenchonly” sign law is considered in spelling out an argument for collective rights and assessing some of the obstacles which a collective rights thesis must overcome. No attempt is made in this discussion to resolve the question of the relative weight of the collective and individual rights which come into conflict in this situation. No doubt this latter is itself a difficult task. If the argument of this paper is sound, however, a solution phrased wholly in terms of individual rights and the public good is simpler only because it omits important dimensions of the problem.
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Ramcharan, B. G. "Individual, collective and group rights: History, theory, practice and contemporary evolution." International Journal on Minority and Group Rights 1, no. 1 (1993): 27–43. http://dx.doi.org/10.1163/157181193x00095.

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AbstractThis paper discusses the contemporary debate about collective and group rights in the light of actual cases, relevant literature, and emerging international norms. It offers the following submissions: 1. Group rights or collective rights are not incompatible with the intellectual history of human rights. 2. States are at liberty to work out arrangements that recognize rights for groups within the State or for members of the group. 3. The list of group or collective rights explicitly recognized by contemporary international law is still a rather short one. It has so far dealt mainly with the right of self-determination, the rights of minorities and of indigenous populations. 4. Recent statements on the rights of minorities contain explicit affirmations of their right to: existence, identity, participation, to establish associations, to establish and maintain contacts, to culture, to profess and practice their religion, to use their language, to establish schools and to protection. 5. Any recognition of group or collective rights should be complementary to, and not restrictive of, the rights contained in the Universal Declaration and the International Covenants. 6. The international community is competent to scrutinize the way in which claims to group or collective rights are dealt with nationally. 7. The international community should provide avenues, recourse procedures and specialized fora for promoting international cooperation on issues of group and collective rights. 8. It would seem a worthwhile policy objective for a global study to be made about claims and needs for the recognition of group rights.
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Dolganichev, Vladimir Veniaminovich, and Svetlana Pavlovna Grubtsova. "Protection of collective rights and interests in arbitration." SHS Web of Conferences 118 (2021): 04011. http://dx.doi.org/10.1051/shsconf/202111804011.

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Objective of the research: to identify the means of protection of collective interests, suitable for international commercial arbitration, based on models used in Russian procedural law and abroad. The research used both general scientific (analysis, synthesis, comparison, descriptive, formal-logical) and special legal (formal-legal, comparative-legal, historical-legal, method of legal modeling) methods. The work has resulted in a conclusion about the expansion of the use of collective rights and interests’ remedies in international commercial arbitration. In addition, conclusions are formulated on the admissibility in arbitration of such means of protection of collective rights and interests of procedural law as complicity, class actions, bankruptcy, protection of an indefinite range of persons and indirect claims. In particular, such a classic remedy of multiple persons as procedural complicity is often used in arbitration; on the other hand, rules are emerging on the possibility of using a class action to protect multiple persons in arbitration; the use of an indirect claim is also not restricted to arbitration, and it can be used subject to national law. The novelty of the research lies in the postulate of the impossibility in the modern legal process of using the institute of protection of an indefinite range of persons in arbitration due to the special nature of arbitration as a voluntary form of protection of rights and legitimate interests.
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Тюнин, Михаил, and Mikhail Tyunin. "Collective Management as a Method of Implementation of Author´s and Related Rights in the Customs Union." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7574.

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This article is devoted to the collective management of copyright and neighboring rights as one of the most important ways of their implementation in Customs Union, Common Economic Space, Eurasian Economic Union and also ensuring property rights of authors, performers, producers of phonograms and other holders of copyright and neighboring rights in cases, when their practical implementation individually is difficult. World Intellectual Property Organization and UNESCO has repeatedly emphasized the importance of collective management as the most suitable path that avoids the limitations of copyright and related rights with providing legal opportunities for mass use of intellectual property in the new high-tech areas. Questions of collective management of copyright and related rights take a significant place in the directives of the European Union adopted in the last decade. Copyright collecting agency must have the whole spectrum of rights for its operation which will allow it to conclude licensing agreements and ensure their legal clarity.
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Kashwan, Prakash. "What explains the demand for collective forest rights amidst land use conflicts?" Journal of Environmental Management 183 (December 2016): 657–66. http://dx.doi.org/10.1016/j.jenvman.2016.08.031.

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Ren, Yang, Jari Kuuluvainen, Liu Yang, Shunbo Yao, Caixia Xue, and Anne Toppinen. "Property Rights, Village Political System, and Forestry Investment: Evidence from China’s Collective Forest Tenure Reform." Forests 9, no. 9 (September 3, 2018): 541. http://dx.doi.org/10.3390/f9090541.

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To investigate the effect of improved property rights and, in particular, village democracy under China’s Collective Forest Tenure Reform (Tenure Reform) on household forestry investments, we estimate both tobit models and the more general Cragg models for farmers’ labor and monetary inputs into forestry, using survey data of 652 households from the southern collective forest region of China. The results reveal that the improved forestland use and disposition rights had a significant effect on household investments in forestry, while the beneficiary right did not. In addition, the results suggest that village democracy had a positive effect on households’ forestry investments. More importantly, we find that village democracy was able to significantly strengthen the investment incentive effect of the improved property rights under the Tenure Reform. These effects may be explained by the fact that village democracy improved households’ perception, cognition, and, subsequently, confidence toward, in particular, the use and disposition rights of the forests entitled to them. Therefore, the findings suggest that to increase the investment incentives of the Tenure Reform further, governments could strengthen the bundle of households’ use and disposition rights, as well as their related policies. Also, our findings indicate that governments could significantly improve the performance of public policies by effectively employing democratic procedures in the process of policy implementation.
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Sun, Haochen. "Reinvigorating the Human Right to Technology." Michigan Journal of International Law, no. 41.2 (2020): 279. http://dx.doi.org/10.36642/mjil.41.2.reinvigorating.

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The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it. It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet in this age of technology, the right to technology remains obscure, dormant, and ineffective. No other human right has received such scant attention, and the right to technology has indeed become an “orphan” in the international human rights regime. This article traces the origins of society’s disregard for the right and attributes it to the confluence of three main contributing factors: (1) the right’s inherent obscurity, (2) the ineffective human rights enforcement system, and (3) the international community’s overemphasis on intellectual property protection. The current human rights regime is unable to sufficiently address these complex factors, as it remains deeply rooted in the individual rights system and lacks a fully-fledged distributive justice vision. Against this backdrop, this article reinvigorates the right to technology by recommending its protection as a collective right. It considers how and why the right to technology should be redefined as a collective right that entitles people to enjoy the benefits of technological progress and minimizes the harms that such progress may cause. A collective right to technology can protect both larger societal interests in maintaining public freedom and dignity, as well as specific group interests in guarding against the use of technologies to prejudice group freedom and dignity. This new understanding of the right to technology, therefore, sets distributive justice agendas for promoting the development of intellectual property law into the public interest.
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Sutton, Barbara. "Collective Memory and the Language of Human Rights." Latin American Perspectives 42, no. 3 (February 26, 2015): 73–91. http://dx.doi.org/10.1177/0094582x15570892.

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The democratization that followed the last military dictatorship in Argentina (1976–1983) has been influenced by human rights organizations’ relentless work to bring about truth and justice regarding the consequences of state terrorism and to keep the memory of that period alive. These efforts frame the discursive context in which human rights violations, including torture, are interpreted in contemporary Argentina. Argentine interviewees from across the political spectrum condemn torture, but the language and frames they use and the narratives surrounding political events vary. These accounts expose the conflicted terrain of memory making and the ambivalences and contradictions that permeate the construction of a torture-rejecting culture. La democratización que vino después de la última dictadura militar en la Argentina (1976–1983) ha sido influenciada por el trabajo incesante de las organizaciones de derechos humanos para lograr que se establezca la verdad y se haga justicia sobre las consecuencias del terrorismo de estado y para mantener la memoria sobre ese periodo viva. Estos esfuerzos enmarcan el contexto discursivo a través del cual las violaciones de los derechos humanos, entre ellas la tortura, son interpretadas en la Argentina contemporánea. Las personas entrevistadas en Argentina, quienes atraviesan el espectro político, condenan la tortura. Sin embargo, el lenguaje y los esquemas que usan y las narrativas sobre los acontecimientos políticos varían. Estos relatos exponen el terreno conflictivo de la construcción de la memoria y las ambivalencias y contradicciones que permean la construcción de una cultura de rechazo hacia la tortura.
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AGRAWAL, ARUN, and ELINOR OSTROM. "Collective Action, Property Rights, and Decentralization in Resource Use in India and Nepal." Politics & Society 29, no. 4 (December 2001): 485–514. http://dx.doi.org/10.1177/0032329201029004002.

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Yang, Yang, Hua Li, Long Cheng, and Youliang Ning. "Effect of Land Property Rights on Forest Resources in Southern China." Land 10, no. 4 (April 9, 2021): 392. http://dx.doi.org/10.3390/land10040392.

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The land tenure reform is important for forest resource management worldwide. Since China initiated a new round of collective forestland tenure reform (CFTR) in 2003, improving forest output by clarifying property rights plays a crucial role in realizing sustainable forest resource management. Using survey data of 312 bamboo plantation households from Southern China, this paper empirically examines the impact path of land property rights on forest resources. The estimation results show that both the forestland use right and disposal right are able to significantly improve the forest output by encouraging households to invest and optimizing the allocation of forestry labor. Particularly, the results reveal that the use right has a positive impact on forest output through forestland investment. With regard to the disposal right, we find that it has a positive effect on forest output through forestland investment, but it has a negative impact on forest output through the forestry labor allocation. The findings of this study suggest that to promote the growth of forest resources, the government should endow households with a more complete set of rights, and further strengthen their understanding of property rights. In addition, our findings enhance the understanding of the collective forestland tenure reform in China; they also have implications for the decentralized management of forestry elsewhere in the world.
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Dissertations / Theses on the topic "Collective use of rights"

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Bucht, Martin. "Markanknutna gemensamma nyttigheter : en analysmodell för byggande, underhåll, användning och finansiering." Doctoral thesis, KTH, Fastighetsvetenskap, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-4139.

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This thesis deals with appropriate legislation concerning common utilities, such as infra-structural facilities and natural resources, which can regulate construction, maintenance, use and financing. Appropriate legislation can be viewed in the two main perspectives, effi-ciency and equity, and the thesis concerns primarily on efficiency. The purpose is to develop an analytical model, which can be used to facilitate structured assessments concerning the management of common utilities. The problem field concerned is of great complexity, and the model is therefore to be viewed as a support for decision-making, not as an instrument capable of delivering ready-made solutions. To structure the problem area it’s divided into three parts, the social, physical and institu-tional environments. The social environment is concerned with factors, such as group size and amount of trust and social capital, which can influence the feasibility of co-operation. The analysis leads to a classification of three social groups: Close-knit, loosely-knit and anonymous. The physical environment is concerned with characteristics of utilities, which influences need for, and feasibility of, co-operation. Rivalry of use and excludability are identified as important factors in this aspect. By combining them six types of goods can be identified: Private goods, club goods, common pool resources, toll goods, public goods and local pub-lic goods. The institutional environment is concerned with rules, which can control the use of com-mon utilities. Two concepts are identified as pivotal: property rights regimes and decision-making procedures. There are four property rights regimes: Individual rights, group rights, public rights (limited and unlimited) and no rights. Furthermore there are three decision-making procedures: Market regulation, group decision-making and public decision-making. A fourth possibility is no decision making-forum. By linking together social groups and types of goods a matrix is obtained in which each square represents a unique combination of social and physical environment. In this analyti-cal framework it is analysed which combinations of property rights regimes and decision-making procedures that are best suited to each square. In the end, Swedish legislation on roads, water and sewerage installations and aesthetic design of buildings is analysed with aid of the analytical model.
QC 20100825
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McDonald, Leighton Errol. "Collective rights as constitutional rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22833.pdf.

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Khalil, Sarah. "Skyddet av geografiska ursprungsbeteckningar : en immaterialrättslig figur sui generis." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2566.

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Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis. Since there are several questions which are unanswered regarding geographical indications, the purpose of this essay is to analyze what kind of intellectual property right geographical indications constitute and how they are protected.

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Newman, Dwight G. "Community and collective rights." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.422518.

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Saranchuk, Andrew. "Aboriginal and treaty rights : collective or individual rights? /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq25728.pdf.

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Pimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.

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Les biens d'usage public sont la catégorie centrale de la construction du droit administratif des biens. L'absence d'une analyse d'ensemble de la catégorie, en droit colombien, pousse à revoir les bases sur lesquelles elle repose et ses conséquences. Plus que toute autre catégorie juridique, les biens d'usage public sont tributaires de leur histoire, c'est dans l'étude de cette dernière que se trouvent les clés d'interprétation de tout le système. Le modèle utilisé par le code civil colombien a été calqué sur la division des biens publics, opérée par le droit espagnol colonial – inspirée à son tour du droit romain. Une mise à jour s'avère nécessaire. À partir de la notion de propriété publique, et de son régime constitutionnel, il est possible de construire une définition matérielle des biens d'usage public, permettant de comprendre les caractéristiques de l'usage public. Cela implique, aussi, une révision complète du régime juridique à la lumière de l'exploitation sociale et économique – valorisation – de la propriété publique. À une triple protection, celle de la propriété publique, du bien d'usage public et de l'usager, s'ajoute une nouvelle approche des occupations privatives. Cette idée d'exploitation sociale et économique anime un nouveau régime des titres habilitant l'occupation privative, des redevances pour occupation des biens d'usage public et des droits réels administratifs
Regulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
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Wells, Dominic. "From Collective Bargaining to Collective Begging: State Expansion and Restriction of Collective Bargaining Rights in the Public Sector." Kent State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=kent1522790947706508.

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Klocker, Cornelia Angela. "Collective punishment and human rights : from Israel to Russia." Thesis, Birkbeck (University of London), 2018. http://bbktheses.da.ulcc.ac.uk/370/.

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This thesis analyses collective punishment in the context of human rights law from a New Legal Realist perspective. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by some of its members and is prohibited in times of armed conflict by treaty and customary international law. Recently, the imposition of collective punishment has been witnessed in situations outside armed conflict. This means that the applicable legal framework is human rights law and not the law of armed conflict. Human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of groups affected by collective punishment in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the thesis examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis will focus on the European Convention on Human Rights due to its relevance to the situation in Chechnya. The protection and empowerment of groups necessitates a reconsideration of group rights under the human rights framework and challenges the traditionally individual focus of human rights law. By questioning whether human rights instruments can encompass such rights and adapt to the changing circumstances, the thesis contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The thesis is therefore centred on the following research question: What is the relationship between the legal regulation and state policies on collective punishment under the law of armed conflict and human rights law and what effects does this relationship have on the protection and empowerment of affected groups?
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McChesney, Allan. "Is collective bargaining protected by Canada's Charter of Rights?" Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5852.

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Seo, Mi Won. "Quand la reconstruction mammaire devient une affaire publique : agir et se mobiliser en tant que patientes atteintes d’un cancer du sein en Corée du Sud (2011-2015)." Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0063.

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En 2012, en Corée du Sud, une association de patientes atteintes d’un cancer du sein organise une grève du silence devant la Cour Constitutionnelle pour dénoncer les inégalités d’accès à la reconstruction mammaire. Cette action collective inédite des patientes revendiquant un meilleur accès à la chirurgie questionne le lien entre l’émancipation et l’action collective. Cette étude examine dans quelle mesure l’action collective et le discours des patientes mobilisées pour revendiquer l'accès à la reconstruction mammaire sont émancipateurs et explore d’autres voies possibles d’émancipation. Cette recherche repose sur une enquête ethnographique réalisée à Seoul pendant 7 mois entre 2013 et 2014 et une intervention sociologique d’une durée de trois mois menée en 2015. L’observation du quotidien des malades s’est déroulée au sein de l’association nationale de patientes et dans un hôpital public. Une soixantaine d'entretiens ont été réalisés avec les femmes et les professionnels qui travaillent auprès de patients atteints d’un cancer (du sein). La thèse rend compte de la manière dont le cancer du sein s’introduit dans l’économie et la politique nationale welfariste tout en étant traversé par les normes sociales. L’analyse révèle les messages véhiculés par les femmes au nom de leur libération. Nous montrons que leurs messages nourrissent les tensions entre les patientes de profils sociodémographiques différents au lieu de les atténuer, tout en favorisant le conformisme aux normes sociales et à la culture biomédicale du cancer. Cette thèse révèle également comment l’expérience du corps des patientes ayant vécu le parcours de soins est à la base de leur capacité d’action face au corps médical
In 2012, in South Korea, an association of breast cancer patients organized a silence vigil before the Constitutional Court to criticize unequal access to breast reconstruction surgery. This unprecedented collective action by patients demanding better access to health care questions the link between emancipation and collective action. This study examines to what extent the collective action and the discourse of patients mobilized to demand better access to breast reconstruction are emancipatory and explores other possible ways of emancipation.An ethnographic survey was carried out in Seoul for 7 months between 2013 and 2014 and a sociological intervention was put in place for three months in 2015. The observation of patients' daily lives took place in the national patients’ association and in a public hospital. About 60 interviews were conducted with women and professionals who work with (breast) cancer patients.The thesis accounts for the way in which breast cancer is introduced into the national welfarist politics and economy and while being crossed by social norms. The analysis reveals the messages conveyed by women in the name of their liberation. It also shows their messages foster tensions between patients of different socio-demographic profiles rather than attenuating them, while promoting conformity with social norms and the biomedical culture of cancer. The thesis reveals how the experience of the body of patients in the process of care pathway is the basis of their ability to act vis-à-vis the medical profession
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Books on the topic "Collective use of rights"

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Layered inequalities: Land grabbing, collective land rights and Afro-descendant resistance in Colombia. Berlin: Lit, 2014.

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Netherlands. Adviescommissie Mensenrechten Buitenlands Beleid. Collective rights. The Hague: The Committee, 1995.

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Lucena, Cláudio. Collective Rights and Digital Content. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15910-2.

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Collective rights: A legal theory. New York: Cambridge University Press, 2012.

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Stewart, Ann. Individual housing rights and collective responsibility. Warwick: University of Warwick, Legal Research Institute, 1988.

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Collective Human Rights of Pacific Peoples Conference (1998 University of Auckland). Collective human rights of Pacific peoples. Edited by Tomas Nin. [Auckland, N.Z.]: International Research Unit for Maori and Indigenous Education, University of Auckland, 1998.

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Collective management of copyright and related rights. 2nd ed. Alphen aan den Rijn: Kluwer Law International, 2010.

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Rudnycʹkyj, Jaroslav B. Universal declaration of collective human rights: Draft. Vienna: [s.n.], 1986.

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Helsinki Committee for Human Rights in Serbia. Human rights and collective identity: Serbia 2004. Belgrade: Helsinki Committee for Human Rights in Serbia, 2005.

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Human rights: The commons and the collective. Vancouver: UBC Press, 2011.

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Book chapters on the topic "Collective use of rights"

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Niezen, Ronald. "Collective rights and the construction of heritage." In Archaeologies of “Us” and “Them”, 19–32. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series: Routledge studies in archaeology ; 24: Routledge, 2017. http://dx.doi.org/10.4324/9781315641997-3.

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Shawa, Remmy, Fons Coomans, Helen Cox, and Leslie London. "Access to Effective Diagnosis and Treatment for Drug-Resistant Tuberculosis: Deepening the Human Rights-Based Approach." In Ethics and Drug Resistance: Collective Responsibility for Global Public Health, 155–69. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-27874-8_10.

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Abstract The lack of access to effective diagnosis and treatment for drug-resistant tuberculosis (DR-TB) remains a persistent ethical, human rights and public health challenge globally. In addressing this challenge, arguments based on a Human Rights-Based Approach (HRBA) to health have most often been focused on the Right to Health. However, a key challenge in multidrug-resistant (MDR-) and extensively drug-resistant (XDR-) TB is the glaring absence of scientific research; ranging from basic science and drug discovery through to implementation science once new tools have been developed. Although the Right to Enjoy the Benefits of Scientific Progress and its Applications (REBSP) is a little theorised human right, it has the potential to enrich our understanding and use of the Rights-Based Approach to health. In this chapter, we argue that States’ duties to respect, protect and fulfil the REBSP within and outside their borders is an important vehicle that can be drawn on to redress the lack of research into new drug development and appropriate use of existing drugs for DR-TB in high burden settings. We call for urgent attention to minimum core obligations for the REBSP and the need for a General Comment by a UN human rights monitoring body to provide for its interpretation. We also note that conceptualization of the REBSP has the potential to complement Right to Health claims intended to enhance access to treatment for DR-TB on a global scale.
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Staunton, Ciara. "Individual Rights in Biobank Research Under the GDPR." In GDPR and Biobanking, 91–104. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_6.

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AbstractThe coming into force of the General Data Protection Regulation (GDPR) on 25 May 2018 has brought about considerable changes in how data may collected, stored and used. Biobanks, which require the collection, use and re-use of large quantities of biological samples and data, will be affected by the proposed changes. In seeking to require ‘data protection by design’, the GDPR provides data subjects with certain individual rights. They are, the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and rights in relation to automated decision making and profiling.This chapter will consider each of these individual rights in turn and discuss the impact on biobank research. In particular, it will discuss the challenges that are now facing biobanks in upholding the individual rights, the limits of these rights in light of the technical realities of biobanks, and the potential impact that they may have on the collection, sharing, use and re-use of biological data and material.
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Leška, Rudolf. "Sync That Tune! The Role of Collective Management of Rights in Film Production and Distribution." In Springer Series in Media Industries, 273–90. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44850-9_16.

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Abstract Whenever a film is produced and distributed, a license to use the music and sound recording may be needed. While the film producer usually owns the copyright in the film and underlying works or actors’ performances, responsibility for the clearance of rights in music and sound recordings remains largely on the shoulders of users (broadcasters, cinema operators, VOD platforms). They usually need to get a license through a CMO or directly from the rightsholder. In the case of musical works, the procedures are largely standardized, mainly in offline use. When it comes to licensing the rights for cross-border use online or when phonogram producers and performers are involved, the licensing situation becomes messy which introduces significant uncertainty into the market. Instead of advocating state regulation, the author pleads for the development of cross-border industry standards and procedures, good practices and reciprocal agreements between CMOs to be developed in a collaboration of global organizations representing rightsholders.
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Azeem, Muhammad. "The KiK Case: A Critical Perspective from the South." In Interdisciplinary Studies in Human Rights, 279–98. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_14.

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AbstractLabour in Global South countries often has meagre social security protections and almost no representation in domestic legislatures. To address this deficit, labour law’s clear orientation towards “distributive justice” and emphasis on constitutionally protected freedom of association and collective bargaining rights have been core values for workers and labour movements in the South. Over the course of the last century, labour law has increasingly sought to assure “distributive justice” by departing from the confines of “corrective justice” and the slippery “ethical” basis of private law in both civil and common law systems. This chapter asks how both multinational corporations’ (MNCs) recent turn toward the use of codes of conduct in regards to labour and working conditions (labour codes) and, correspondingly, activists’ increasing reliance on the private law doctrines of tort and damages to resolve labour disputes, dilutes labour law’s focus on “distributive justice.” What problems and challenges do these shifts cause for labour law practice and theory? Taking the KiK case as an example, this chapter applies a critical legal perspective to address these questions.
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Zhu, Yongyong. "Exploration on Legal Issues of Transfer Market of the Use Right of Collective Construction Land." In Proceedings of the 18th International Symposium on Advancement of Construction Management and Real Estate, 103–8. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-44916-1_11.

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Abel, Gillian, and Catherine Healy. "Sex Worker-Led Provision of Services in New Zealand: Optimising Health and Safety in a Decriminalised Context." In Sex Work, Health, and Human Rights, 175–87. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64171-9_10.

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AbstractDecriminalisation recognises sex work as work; it provides opportunities for promoting the health of sex workers and therefore goes a long way to addressing health and human rights inequities for this sector of the population. This chapter focuses on three scenarios (among many) where decriminalisation of sex work in New Zealand has been successful in promoting sex workers’ health, safety, and wellbeing and, in so doing, provides a blueprint for best practice in working with sex workers.Although services for sex workers are available in many countries, they tend to focus on street-based sex workers, who are perceived as the most vulnerable and thus most in need. A decriminalised context provides greater access to peer support (Harcourt 2010), which is much better positioned to address the complex needs of all sex workers. It also allows for sex workers to engage with others in the community for more effective policy as well as service provision (O’Neill and Pitcher, Sex work matters: exploring money, power and intimacy in the sex industry, Zed Books, London, 2010). In this chapter, we discuss: How access to police has been improved for sex workers who wish to report sexual assault How decriminalisation has enabled interagency collaboration when working with sex workers who have concerns about practices within certain brothels How new sex workers access information on safe practices in a decriminalised environment We use the research literature from New Zealand and elsewhere to expand on the real-life stories of the engagement between New Zealand Prostitutes Collective and sex workers, agencies, and individuals to illustrate the three scenarios.
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Meisels, Tamar. "Collective Rights." In Territorial Rights, 17–30. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-1-4020-9262-6_2.

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Vanpeperstraete, Ben. "The Rana Plaza Collapse and the Case for Enforceable Agreements with Apparel Brands." In Interdisciplinary Studies in Human Rights, 137–69. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_9.

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AbstractDisasters like the Rana Plaza collapse and the Tazreen Fashions and Ali Enterprises fires painfully demonstrate the limits of conventional models of labour regulation in global supply chains. Buyer-driven markets characterised by outsourcing, subcontracting and offshoring, and the price pressure that results from them, undermines both the regulatory role of the state and the potential for collective bargaining. As a result, poor and unsafe working conditions prevail in transnational corporate supply chains in the garment industry. The aforementioned disasters offer a textbook example of the challenges facing the current clothing industry and the limits of the dominant “Corporate Social Responsibility” (CSR) model used to address labour rights abuses.Yet, the responses to these disasters also provide fertile ground for alternative “worker-driven” strategies, where worker organisations enter into negotiated supply chain agreements with transnational corporations and hold the latter to account. The Bangladesh Accord and Rana Plaza Arrangement, as well as the corollary Tazreen Compensation Agreement and Ali Enterprises Compensation Agreement attempt to develop a counter-hegemonic alternative to dominant CSR practices and offer new strategies for social justice within global supply chains. This chapter describes and contextualises these agreements in a broader trajectory of labour organisations bargaining and negotiating such agreements with lead firms, highlighting how the post-Rana Plaza momentum made significant strides possible in terms of the depth, scope and enforceability of these negotiated agreements. The chapter identifies the strengths of these developments, but also identifies room for improvement for future negotiated enforceable agreements with apparel brands.
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Owen, Lynette. "Collective licensing." In Selling Rights, 364–81. Eighth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781351037501-23.

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Conference papers on the topic "Collective use of rights"

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Tang, Yinda. "The definition and current situation of collective construction land use right and its circulation." In 2020 3rd International Conference on Humanities Education and Social Sciences (ICHESS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201214.655.

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Riley, P. "Policy and Law Relating to Radioactive Waste: International Direction and Human Rights." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4948.

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The anticipated doubling of world demand for electricity over the next fifty years requires that the gift of nuclear energy that has served developed nations over the past half century must not be abandoned. However, the absence of a clear and unequivocal policy regarding the storage and disposal of radioactive waste is seen by a significant section of the public as a threat to their rights and the non-existence of dedicated regulation of radioactive waste based on law has become an obstacle to the development of nuclear energy in Europe and the USA. A European survey of public opinion carried out at the request of the European Commission revealed that three-quarters of the respondents to sixteen thousand interviews believed that ‘all radioactive waste is very dangerous’. The public perception of threat has been fostered by the general lack of appreciation of the cautious system of radiation protection that has evolved from scientific observation and prediction of the risk of cancer from exposure to low level radiation. The concept of collective dose based on the system of radiation protection and applied to accident scenarios with remote possibilities, but in the absence of scientific assessment of the balance afforded by the pragmatism that man applies to everyday risks including the risk of cancer from the ever-present background of natural radiation, has added a measure of dread to the public sense of threat. That dread has been exacerbated by the emergence since September 2001 of the possibility of the use of radioactive waste as a terrorist weapon and for radioactive waste storage facilities to be seen as terrorist targets. International policy has moved from the comprehensive coverage of nuclear regulation with radioactive waste as an integral, but minor player, in the nuclear energy process to particular consideration with radioactive waste requiring specific regulation. This paper identifies the vectors that determine the direction of the policy governing radioactive waste, the moves toward consolidation of international policy separate from the body of existing nuclear law and future direction that will clear the way for a sustained, appropriate use of nuclear energy.
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LADYCHENKO, Viktor. "INFORMATION POLICY IN THE ENVIRONMENTAL SPHERE IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT OF UKRAINE AND THE EU." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.218.

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The purpose of this research is to develop a legal mechanism for ensuring the right to access environmental information to ensure sustainable development of society. In the context of our study we developed an understanding of information human rights - the right to collect, disseminate, use and preserve environmental information is fundamental and natural. We understand information human rights as a group of rights with a center around freedom of information, the right to environmental information, the right to communication in environmental sphere, the right to access to environmental information that is public or socially significant, the right to privacy, and the protection of personal data. In the EU, access to environmental information is regulated by Directive 2003/4/EC (Aarhus Convention, 1998). Citizens of the EU have the right to receive this information within one month from the moment they ask and not to mention why they need it. In addition, public authorities are required to actively disseminate information on environmental information at their disposal. In Ukraine defined system of a jurisdiction whose collection includes different types of environmental information and formation of information on environmental policy. But the issue of public administration in the field of environmental protection is currently split between different executive bodies; there is no united information policy and the body responsible for it. There is no obligation for the authorities to inform the population even in crisis situations. This study will form the legal framework to ensure the right of access to environmental information in Ukraine by introducing the position of Information Commissioner - an official, the competence of which includes monitoring of compliance of information law with information policy in the environmental field.
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Wang, Hao, and Hanzhao Wang. "Right-of-Use Transfer Mechanism of the Collective Construction Land in Urban New Districts: Case of Zhoushan City in China." In International Conference on Construction and Real Estate Management 2016. Reston, VA: American Society of Civil Engineers, 2017. http://dx.doi.org/10.1061/9780784480274.153.

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Hadžiarapović, Nerko, Marlies van Steenbergen, and Pascal Ravesteijn. "Copyright Enforcement in the Dutch Digital Music Industry." In Digital Support from Crisis to Progressive Change. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-485-9.41.

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There is a lack of interest and empirical analysis in the existing literature on composers’ relations with their publishers and the role of Collective Management Organizations (CMOs) within the system of music copyright. The purpose of this paper is to explore and understand the influence of digitization within the music industry on the copyright enforcement in the Netherlands and on rights holders and the CMOs. Also to explore and understand how their mutual relationships are affected by digitization of the music industry. A qualitative analysis was done by reviewing scientific literature, performing a documents analysis and doing open interviews. In the existing economics of copyright literature, the main focus is set on transaction costs, efficiency and welfare topics. The findings can be used to understand and model how rights holders and CMOs cope with the digitization and contribute to the policy makers and economic actor’s discussion about future improvement of the copyright enforcement system.
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Нинциева, Тамила Магомедовна. "LEGAL NATURE AND FEATURES OF CIVIL LEGAL PROTECTION CONSUMER LOAN BORROWER." In Сборник избранных статей по материалам научных конференций ГНИИ "Нацразвитие" (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/may191.2021.96.71.024.

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Данная статья посвящена одной из актуальных проблем современной цивилистики защите прав заемщика по договору потребительского кредита (займа). Автором рассматриваются особенности применения таких специфических способов защиты как присуждение к исполнению обязанности в натуре, возмещение убытков. взыскание неустойки. This article is devoted to one of the urgent problems of modern civil law protection of the borrower's rights under a consumer credit (loan) agreement. The author examines the features of the use of such specific methods of protection as an award to the performance of an obligation in kind, compensation for damages. collection of a forfeit.
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Posch, Lisa, Claudia Wagner, Philipp Singer, and Markus Strohmaier. "Meaning as collective use." In the 22nd International Conference. New York, New York, USA: ACM Press, 2013. http://dx.doi.org/10.1145/2487788.2488008.

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Hlady, Joseph, Dana Sands, and Lance Fugate. "A Comparison of Remote Sensing Techniques for Centreline and Weld Mapping in Place of Manual Survey in Hazardous Environments." In 2020 13th International Pipeline Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/ipc2020-9730.

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Abstract Many places where pipelines are built have soil, basal material and water table conditions which can create suboptimal environments for centerline as-builting and weld mapping. Furthermore, ditches containing multiple pipelines can make as-built and weld mapping particularly complex especially when the pipes are of varying sizes. The complexity of the laying in of multiple pipes may also result in the ditch being exposed longer than desired, enabling further deterioration of ditch conditions and even flooding. At times, circumstances can become so hazardous that manual survey of the pipeline centerline can only be completed while the pipe is outside of the ditch (requiring a transposition) and a variety of survey techniques must be used to capture the centreline locations. Surveying at a distance from the pipes can make verification to weld mapping and field inspection problematic. Recent advancements in remote sensing, particularly mobile LiDAR and imagery collection technology, have lowered collection and processing costs and expanded the applicability of the technology to complex collection environments and harsh conditions on pipeline construction rights-of-way. Additionally, there has been a marked improvement in overall data accuracy and precision from mobile mapping systems. Up until recently, these technologies have only been useful in static construction environments where periods of inactivity during construction afforded the time to set up and collect data in a safe and accurate manner. New remote sensing systems, designed for more rugged, fast-paced, and complex environments are expanding the use of mobile remote sensing to the pipeline construction right of way. These mobile mapping technologies have significant advantages over drone collected data particularly with respect to the logistics of the data collection. Recently, advanced mobile mapping technology was employed on various pipeline construction projects and the accuracy of LiDAR and imagery collection for centerline as-builting and weld mapping was assessed. Some of the project locations were in areas where the traditional manual collection of data could be deemed hazardous or unsafe. This paper evaluates the collection technique against the traditional methods used under hazardous or inaccessible conditions and discusses the benefits of mobile remote sensing for this scenario. The authors also provide an analysis of the remote sensing based as-built and weld mapping data against those acquired through the traditional technique during this trial. Opportunities for adoption of this method as well as improvements to its application are also discussed.
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Miller, Ben, Ayush Shrestha, Jason Derby, Jennifer Olive, Karthikeyan Umapathy, Fuxin Li, and Yanjun Zhao. "Digging into human rights violations: Data modelling and collective memory." In 2013 IEEE International Conference on Big Data. IEEE, 2013. http://dx.doi.org/10.1109/bigdata.2013.6691668.

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Reis Santos, Mariana. "Does the implementation of special zones of social interest (ZEIS) encourages adequate housing in precarious settlement? The case of San Paolo." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/hfqf7018.

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With the establishment of the Constitution of 1988, a new approach to urban governance emerged in Brazil. The document brought significant changes regarding the right to the city and adequate housing, in particular, for the urban poor. The recognition of these rights triggered the experimentation with inclusionary policies around the country (Rolnik and Santoro, 2013). As a result, informal settlements started to be acknowledged as part of the formal city and were included in zoning and planning laws. One of the main outcomes of these experiments was the creation of Special Zones of Social Interest (ZEIS), a land and housing policy that linked investments on infrastructure in precarious settlements to land regularisation processes. In 2001, ZEIS was incorporated into the City Statute, a document that established a range of collective rights to guide land use and development. Since then, the instrument has gained popularity in the country as a land regularisation tool. Nevertheless, a considerable share of settlements remains poorly built and addressing informality is still a challenge. Therefore, this paper evaluated the co-relation between the implementation of ZEIS, land regularisation processes and provision of basic infrastructure in precarious settlements. More specifically, it measured the quality of State interventions supported by the zoning. By focusing on quality, this article aimed to evaluate whether ZEIS has encouraged adequate housing conditions for the urban poor or reinforced precarious patterns of development. To explore this relationship, a case study was conducted on the performance of ZEIS in Favela of Sapé, a settlement in the West of São Paulo. As a methodology, case studies have become a common option for performing evaluations and analyse what a program, practice or police has achieved (Yin, 2012). Moreover, this research strategy commonly relies on various sources of field-based information (Yin, 2012). Accordingly, this paper comprised mainly primary qualitative data. It also made broad use of content and secondary analysis, with the goal of ensuring validity and reliability. The performance of ZEIS in Sapé demonstrated that since its implementation, in 2001, tenure security and physical characteristics have enhanced considerably in the area, particularly, when it comes to housing quality and provision of basic infrastructure. Nevertheless, these accomplishments are being compromised by a strong process of reoccupation which is supported by illegal organisations. In addition, there is a delay of the Municipality in meeting the demands for housing in the area because of governance issues and mismanagement of financial resources. This scenario, combined with a weak inspection body, has once again permitted the development of precarious housing and infrastructure in the area. It also has compromised the issuance of freehold land titles to the settlement’s dwellers. In other words, the site is under a vicious circle where neither the provision of housing and infrastructure is enough to meet the demand nor the land regularisation is completed because of the reoccupations. In sum, although the implementation of ZEIS seems to have a share of responsibility in Sapé’s upgrading process, the local authorities do not have the capacity of reinforcement necessary to maintain these improvements. Furthermore, it is fair to assume that the current legal framework provided by ZEIS is not adequate for the context of São Paulo and requires further adjustments. Not only because of the complex character of the city, but also because in practice, urban norms may be interpreted differently according to political and cultural conditions (Rolnik, 1997).
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Reports on the topic "Collective use of rights"

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Research Institute (IFPRI), International Food Policy. Conflict, Cooperation, and Collective Action: Land Use, Water Rights, and Water Scarcity in Manupali Watershed, Southern Philippines. Washington, DC: International Food Policy Research Institute, 2012. http://dx.doi.org/10.2499/capriwp104.

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Y., Siagian, and Neldysavrino. Collective action to secure land management rights for poor communities. Center for International Forestry Research (CIFOR), 2007. http://dx.doi.org/10.17528/cifor/002239.

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Mwangi, Esther. Collective Action and Property Rights for Poverty Reduction: Insights from Africa and Asia. Washington, DC: International Food Policy Research Institute, 2012. http://dx.doi.org/10.2499/9780896298064.

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Gans, Joshua. Remix Rights and Negotiations Over the Use of Copy-Protected Works. Cambridge, MA: National Bureau of Economic Research, August 2014. http://dx.doi.org/10.3386/w20364.

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Weil, David. Individual Rights and Collective Agents: The Role of Old and New Workplace Institutions in the Regulation of Labor Markets. Cambridge, MA: National Bureau of Economic Research, March 2003. http://dx.doi.org/10.3386/w9565.

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Lowe, J. A Grant of Rights to Use a Specific IBM patent with Photuris. RFC Editor, August 1995. http://dx.doi.org/10.17487/rfc1822.

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Hubert, Don. The Use of Tax Havens in the Ownership of Kenyan Petroleum Rights. Oxfam, May 2016. http://dx.doi.org/10.21201/2015.608599.

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Montefusco, Maria, and Kai Koivumäki. Nordic indicators for cooperation on disability – Monitoring the implementation of UNCRPD and Agenda 2030. Edited by Christina Lindström. Nordens välfärdscenter, June 2021. http://dx.doi.org/10.52746/ovbi5427.

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No person with a disability shall be left behind. This report presents suggested indicators for monitoring the implementation of the UN Convention on the Rights of Persons with Disability and Agenda 2030 in the Nordic region. The vision of the Nordic cooperation is to become the most integrated and sustainable in the world by 2030. The vision mirrors the sustainable development goals of Agenda 2030, according to which no-one shall be left behind. Persons with disabilities have the right to inclusion, and the Nordic countries monitor the developments of living conditions for persons with disabilities. All countries have also ratified the Convention on the rights of persons with disabilities and have high ambitions with regard to Agenda 2030. Throughout the region we face similar challenges concerning inclusion. Participation is not equal, not in employment, nor in education, economy, or health. But to improve this we need to see it. Even if a set of indicators is not the only way forward, they can help us measure if we are on the right track. In this report, we suggest a set of indicators that could be developed further and used to follow the developments towards inclusion and measure living conditions. By developing such a set of comparable indicators in the Nordic countries, we can see whether the countries separately and collectively follow the intentions of the UNCRPD to improve the living conditions of people with disabilities. The indicators are also an aid in the work to identify whether we are working correctly to achieve the Agenda 2030 targets.
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Robinson, Eric. Digital Rights Management, Fair Use, and Privacy: Problems for Copyright Enforcement through Technology. SOAR@USA: Scholarship and Open Access Repository, December 2009. http://dx.doi.org/10.46409/sr.jkvn1411.

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Johnson, Vicky, Tessa Lewin, and Mariah Cannon. Learning from a Living Archive: Rejuvenating Child and Youth Rights and Participation. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/rejuvenate.2020.001.

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This paper reflects the findings of the first phase of the REJUVENATE project, which set out to understand and map approaches to integrating children, youth, and community participation in child rights initiatives. We did this through a scoping of existing practitioner and academic literature (developing a project-based literature review matrix), a mapping of key actors, and the development of a typology of existing approaches. All three of these elements were brought together into a ‘living archive’, which is an evolving database that currently comprises 100 matrices, and a ‘collection’ of key field practitioners (many of whom we have interviewed for this project). In this paper we: (1) present a user-friendly summary of the existing tradition of substantive children’s participation in social change work; (2) share case studies across various sectors and regions of the world; (3) highlight ongoing challenges and evidence gaps; and (4) showcase expert opinions on the inclusion of child rights and, in particular, child/youth-led approaches in project-based work.
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