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1

Oregon. Water Resources Dept., ed. Pump test requirements for groundwater right holders. Water Resources Dept., 1993.

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2

Wheeler, David. Share holders' rights. Australian Investment Library, 1990.

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3

Publishing, Edward Elgar, ed. The law of securities, commodities and bank accounts: The rights of account holders. Edward Elgar, 2014.

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4

Los, D. Thou holdest my right hand: On pastoral care of the dying. Inheritance Publications, 1994.

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5

AlZaabi, Sarah Salem. The Attitudes and Perceptions of Emirati Employers Towards Domestic Workers as Deserving Rights Holders. [publisher not identified], 2020.

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Ran, Yaron, Rofʼim li-zekhuyot adam (Israel), and Gishah - Merkaz li-shemirah ʻal ha-zekhut la-nuʻa, eds. Rafah Crossing: Who holds the keys? Gisha-Legal Center for Freedom of Movement, 2009.

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7

Pellissery, Sony. Emerging property regimes in India: What it holds for the future of socio-economic rights? Institute of Rural Management Anand, 2012.

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8

Op den Kamp, Claudy. The Greatest Films Never Seen. Amsterdam University Press, 2018. http://dx.doi.org/10.5117/9789462981393.

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Orphan works, or artworks for which no copyright holder is traceable, pose a growing problem for museums, archives, and other heritage institutions. As they come under more and more pressure to digitize and share their archives, they are often hampered by the uncertain rights status of items in their collections. The Greatest Films Never Seen: The Film Archive and the Copyright Smokescreen uses the prism of copyright to reconsider human agency and the politics of the archive, and asks what the practical implications are for educational institutions, the creative industries, and the general pub
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9

The concept of group rights in international law: Groups as contested right-holders, subjects and legal persons. Martinus Nijhoff Publishers, 2012.

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10

McAdam, Marika. Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders. Taylor & Francis Group, 2017.

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McAdam, Marika. Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders. Taylor & Francis Group, 2017.

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McAdam, Marika. Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders. Taylor & Francis Group, 2017.

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McAdam, Marika. Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders. Taylor & Francis Group, 2017.

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14

Magda, Raczynska. 4 Default Rules in the Absence of an Agreement. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0005.

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This chapter examines the default rules in English law with respect to the extent to which a holder of security interest or a title-based interest can assert a proprietary claim to a new or derived asset in cases where the agreement is silent as to such asset. It asks whether one who holds the proprietary interest in an asset can automatically assert rights in derived assets, particularly proceeds and fruits. The chapter first considers the ‘principle of substitutions and accretions’ in Buhr v Barclays Bank before discussing the question of whether a secured creditor has, by virtue of its inte
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15

McAdam, Marika. Freedom from Religion and Human Rights Law : Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders. Taylor & Francis Group, 2017.

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16

Jacques, Sabine. The Parody Exception in Copyright Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198806936.001.0001.

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Parodies have been created throughout times and cultures. A glimpse at the judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody were rejuvenated but became unlawful. While copyright law grants exclusive rights to right-holders, these rights are not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerog
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17

Hemphill, C. Scott. Intellectual Property and Competition Law. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.32.

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This chapter surveys the intersection of competition law—or antitrust law, as it is known in the United States—with intellectual property (IP). It examines whether and how IP rights alter the substantive scope of antitrust law, either by operation of statute or as a matter of economic policy. It discusses a wide variety of antitrust claims, alleging collusion, exclusion, or both, that have been raised against IP rights holders. The examples are drawn mainly from the United States, although European developments are also included where relevant. The analysis supports the conclusion that, beyond
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18

Richardson, Henry. Authoritative Input. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190247744.003.0004.

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This chapter shows that the input stage of the moral community’s exercise of its moral authority arises from the delimited moral power of duty-holders (alone or in concert with the correlative right-holders) to specify their duty. To establish this claim, the chapter defends the Specificatory Theory of dyadic rights and duties. Like H. L. A. Hart’s Will Theory (and unlike Joseph Raz’s Interest Theory and Leif Wenar’s Kind-Desire Theory), this theory sets out to explain the existence of ontologically correlative rights and duties. It argues that these arise when the social division of moral lab
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19

Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 5 Cross-Cutting Issues, 5.4 Defenders of Freedom of Religion or Belief and Non-Governmental Organizations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0031.

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Freedom of religion or belief has long depended on advocates and human rights defenders to ensure its normative development and its protection. Human rights defenders serve as an essential counterpart to States in advancing freedom of religion or belief by operating within charities, non-governmental organizations (NGOs) or international non-governmental organizations (INGOs), faith-based organizations, interfaith organizations, or community associations. Though the 1981 Declaration and the 1998 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
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20

Schneider, Marius, and Vanessa Ferguson. Enforcement of Intellectual Property Rights in Africa. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198837336.001.0001.

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Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, thi
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21

Griffiths, Jonathan, and Tuomas Mylly, eds. Global Intellectual Property Protection and New Constitutionalism. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863168.001.0001.

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The constitutionalisation of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalisation processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of ‘new constitutionalism’, the chapters engage with the complex array of contemporary legal con
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22

Freeman, George W. 1789-1858. Rights and Duties of Slave-Holders. Creative Media Partners, LLC, 2018.

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23

George W. (George Washington) Freeman and Protestant Episcopal Society for the. Rights and Duties of Slave-Holders. Creative Media Partners, LLC, 2022.

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24

George W. (George Washington) Freeman and Protestant Episcopal Society for the. Rights and Duties of Slave-Holders. Creative Media Partners, LLC, 2022.

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25

Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 1 Freedom of Religion or Belief, 1.3.7 The Liberty of Parents to Ensure the Religious and Moral Education of Their Children. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0012.

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This chapter examines the issues concerning the travaux préparatoires, general comments, and jurisprudence of the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights regarding the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions. This chapter notes that there are several ‘actors’—as rights holders and/or duty-bearers—whose rights, liberties, duties, and interests need to be considered and possibly reconciled in case of clashes, i.e. children, their parents (or when applicable legal guardians)
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26

van der Vossen, Bas, and Jason Brennan. In Defense of Productive Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190462956.003.0007.

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The chapter defends economic liberties such as the right to private property and freedom of contract as basic human rights, which the authors refer to as productive human rights. Despite being largely ignored or criticized in the theory and practice of human rights, they serve all the key functions that human rights generally serve. Using a basic interest framework, the chapter show that productive rights qualify as human rights because they both directly serve the interests of individual rights-holders, as well as the interests of people across the societies in which they are upheld. The chap
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27

Daniel, Joyce. Part III Rights to Culture, Ch.12 Media: Article 16. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780199673223.003.0013.

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This chapter assesses Article 16's protection of the right to indigenous media, and to the participation of indigenous peoples in mainstream media. This dimension of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is significant for a number of reasons, but principally because it breaks new ground in conceptualizing ‘media rights’ not so much in terms of the traditional approach to freedom of expression or even media freedom, but rather in terms of the ability of rights holders to participate in mainstream media, and also to create and participate in indigenous medi
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28

Vanderheiden, Steve. Human Rights and the Environment. Edited by Stephen M. Gardiner and Allen Thompson. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199941339.013.27.

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This chapter assesses the prospects and limits of human rights as ethical constructs and political mechanisms for protecting against forms of environmental harm that threaten human well-being. Advantages of a rights-based ethical framework include the linking of ethical norms of environmental protection or stewardship with international law and commitments to promoting humanitarian objectives, which provide those norms with an institutional foundation and help narrow the gap between environmental imperatives and those with global justice imperatives and development objectives. It considers the
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29

Cruft, Rowan. Human Rights, Ownership, and the Individual. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198793366.001.0001.

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What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while questioning it in relation to property. It starts with a new ‘Addressive’ account of the nature of rights as bringing together duty-bearer and right-holder first-personally—a theory which moves beyond and complements traditional Interest and Will Theories. This Addressive account implies that a right exists pre-institutionally (as a ‘natural’ or ‘moral’ right) only when a duty owes its existence predominant
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30

Oklopcic, Zoran. Nephos, Scopos, Algorithm. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799092.003.0005.

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Chapter 5 moves beyond the two most politically consequential understandings of the right to self-determination: attributed to Demos and Ethnos respectively. While normative theorists are not sure how to evoke these figures, this chapter treats them as ensembles that are extracted from Nephos; an even fuzzier and more granular political ‘aerosol’. Against it as a backdrop, the discrete locations of territorial rights will also appear more fuzzified—not as identifiable locations, but rather as Scopos; visual effects of concealed, but nevertheless contestable scopic regimes. Once its holders and
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31

Biggar, Nigel. What's Wrong with Rights? Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198861973.001.0001.

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Are natural rights ‘nonsense on stilts’, as Jeremy Bentham memorably put it? Must the very notion of a right be individualistic, subverting the common good? Should the right against torture be absolute, even though the heavens fall? Are human rights universal or merely expressions of Western neo-imperial arrogance? Are rights ethically fundamental, proudly impervious to changing circumstances? Should judges strive to extend the reach of rights from civil Hamburg to anarchical Basra? Should judicial oligarchies, rather than legislatures, decide controversial ethical issues by inventing novel ri
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32

Nair, Aruna. Property Rights, Fiduciary Duties, and the Control of Assets. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813408.003.0006.

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This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on
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33

Hideki, Kanda, Mooney Charles, Thévenoz Luc, Béraud Stéphane, and Keijser Thomas. Ch.II —Rights of the account holder. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199656752.003.0004.

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34

Roberts, Rodney C. Race, Rectification, and Apology. Edited by Naomi Zack. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190236953.013.33.

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Rectification and apology are related. A clarification of rectificatory justice requires a conception of apology that is grounded in justice. An apology is needed in order to effect rectification because it is the apology that addresses the wrong of an injustice. What makes an injustice a wrong is the lack of respect shown to right-holders when their rights are violated. Hence, the righting of a wrong is accomplished by way of an apology—an acknowledgment of wrongdoing that includes the reaffirmation that those who suffered the injustice have moral standing. Emotional requirements are unnecess
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35

Henry G, Burnett, and Bret Louis-Alexis. Part II Key Risks and Disputes Associated with International Mining Projects, 6 Exploration Agreements and Exploration Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0006.

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This chapter discusses the three main types of mining agreements that define the legal framework for the exploration of a mining project: exploration agreements (often referred to as option agreements), mining leases, and concession agreements. Exploration agreements refer to contracts between parties wishing to explore the mineral potential of a particular property and the holders of mineral rights over that property. Mining leases typically grant the lessee the exclusive right to conduct exploration, development, mining, and reclamation on, in, or under certain properties; or, they may conve
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36

Stevens, Frank. Bill of Lading: Holder Rights and Liabilities. Taylor & Francis Group, 2017.

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37

Stevens, Frank. Bill of Lading: Holder Rights and Liabilities. Taylor & Francis Group, 2017.

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Bill of Lading: Holder Rights and Liabilities. Taylor & Francis Group, 2017.

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39

Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 1 Freedom of Religion or Belief, 1.3.10 Establish and Maintain Charitable or Humanitarian Institutions/Solicit and Receive Funding. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0015.

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This chapter discusses issues concerning the right of religious communities to establish and receive funding for a humanitarian institution. For many believers, humanitarian support belongs to the very core of their convictions. This humanitarian commitment within a religion or belief includes the possibility to establish and maintain charitable and humanitarian organizations. Thus, hindering religious communities from running charitable institutions, or creating unnecessary obstacles in this regard, may seriously violate freedom of religion or belief. In addition, depriving funds needed for e
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40

Marcus, Smith, and Leslie Nico. Part I The Nature of Intangible Property, 7 Intellectual Property. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0007.

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This chapter examines intellectual property. The governing principles relating to intellectual property are very different from the principles that underlie other choses, like rights under contracts or debts. Like shares, intellectual property rights are characterized by specific statutory rules relating to their creation, as well as to their transfer. Intellectual property rights can be divided under six heads: patents; copyright; moral rights; industrial design rights; trademarks; and confidential information. In each case, the holder of the right is able—by virtue of ownership—to prevent ot
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41

Novoselova, L. A., ed. As an author (copyright holder) to protect their rights. Izdatelstvo Prospekt LLC, 2018. http://dx.doi.org/10.31085/9785392284542-2019-144.

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42

Dubovec, Marek. Law of Securities, Commodities and Bank Accounts: The Rights of Account Holders. Elgar Publishing Limited, Edward, 2014.

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43

Shemtov, Noam. Legal Mechanisms for Mitigating the Effect of Restrictive Licensing Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198716792.003.0002.

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This chapter examines the legal mechanisms for mitigating the effect of restrictive licensing provisions used by right holders to regulate the use of functional elements of software, focusing on both negotiable and non-negotiable licences. In particular, it considers the extent to which existing judicial and statutory tools are effective in regulating restrictive licensing provisions in the software industry. The chapter first discusses contract law-based mechanisms, giving emphasis to the implications of whether a transaction is classified as a sale or a licence for the publishers’ ability to
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44

Gilbert, Margaret. A Fundamental Ground of Demand-Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0009.

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This chapter provides a solution to the demand-right problem. It argues that joint commitment is a ground of demand-rights. A joint commitment in the sense in question is not a conjunction of personal commitments. It is formed when two or more people together commit them all. Given this ground, the right’s addressee is subject to a peremptory normative constraint. There is also a clear sense in which a right-holder can view the action to which he has a right as his. Further, the directed obligation of the right’s addressee can plausibly be said to be willed into being by those who jointly comm
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45

Chapdelaine, Pascale. User Property, User Rights, and User Privileges. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754794.003.0009.

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This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyrigh
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46

J. J. (James John) B. 1874 Harpell. Rights of the Policy-Holders and the Benefits from Properly Regulated Insurance [microform]. Creative Media Partners, LLC, 2021.

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47

Woods, Kerri. Environmental Human Rights. Edited by Teena Gabrielson, Cheryl Hall, John M. Meyer, and David Schlosberg. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199685271.013.17.

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In recent public and activist debates, threats to the sustainability of the global ecosystem, such as climate change, have increasingly been posed in terms that link the impact on human well-being to questions of rights. Environmental human rights are emerging in national and international legal practice and have been invoked by environmental political theorists seeking to explicate and justify obligations to protect and sustain the environment and to secure justice for both contemporary communities and future generations. This chapter addresses three key questions in order to unpack the conce
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48

Rose, Cramer Sacha. Vaccine Nationalism in the age of COVID-19. Technische Universität Dresden, 2021. http://dx.doi.org/10.25368/2022.413.

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It is no secret that the world has a COVID-19 vaccine problem. The majority of vaccination doses have been administered in Europe and North America, whilst many poorer counties have vaccinated less than 1% of their entire population. In light of the new variants presenting health risks, countries such as South Africa and India have proposed that the World Trade Organisation temporarily waive intellectual property rights for COVID-19 vaccines to help increase the production of vaccines. The world’s economic powerhouses such as U.S., Britain and the European Union vetoed the idea, submitting tha
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49

Chapdelaine, Pascale. User Rights to Commercial Copies of Copyright Works. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754794.003.0002.

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The chapter begins the investigation of the rights users have to copyright works by looking at the scope of the personal property rights users may have in copies of copyright works. These rights have been largely overlooked in copyright law and theory. Applying the ownership spectrum developed by James W. Harris in Property and Justice (1996) this chapter shows how copyright users’ personal property rights are distinct from other forms of personal property and heavily dictated by the exclusive property rights of copyright holders in the copyright work. The personal property rights of copyright
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50

Shemtov, Noam. Licence-Created Monopolies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198716792.003.0001.

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This chapter examines whether contract law may be used to override or redefine the exceptions and limitations in existing copyright laws with regard to software licences. It shows that right holders favour licensing over sales and use the licensing model to regulate the ability of licensees to utilize functional elements of the software and reverse engineer it. The chapter also explains how the software industry uses technology-based solutions to restrict reverse engineering and reproduction. The principle of the freedom of contract is examined, and the legal principles that may limit its appl
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