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    García Costa, Francisco Manuel (Anales de Derecho, 2006-12-01)
    The so-called "Internet governance" constitutes, in our opinion, one of the challenges that the TICs' apparition have posed to the constitutional Law. As a result of this, the present lines are aimed at the exam of the different steps of the current process of construction and debate concerning the Internet governance. We would contribute to this discussion providing with several elements which are inspired by the constitutionalism principles and can be taken into account in the case of an eventual regulation of this subject. Since these bases, the Internet must be considered as an own field of the society immune to public powers intervention and which regulation belongs to the society itself. In that sense, we consider that the intervention of the public authorities in the Internet must be limited to procure the guarantee of technical working conditions of the net. Considering the universal character of the net, this participation should be a work of independent organisms linked to international organizations whose members should be designated by the assembly committees of these organizations following two criteria: scientific probity and representation of the civil society.
  • The Tragedy of the Common Heritage of Mankind

    Shackelford, Scott (2017-01-18)
    "This article develops a framework for property rights over natural resources in the international commons by first building a foundation for discussion. Part I analyzes the historical evolution of sovereignty over the commons from Westphalia to such modern notions as popular sovereignty. This analysis demonstrates that a combination of factors drove this evolution, but foremost among them was technological progress. Part II examines property rights in international law, including how the international law of the sea has developed over time to allow greater private economic development. Part III focuses on how proprietary rights already exist in the commons, and illustrates how these rights can be employed to avoid the tragedy of the commons scenario. In the future, the CHM regime will be further modified by capital exporting nations with advanced extractive industries, as has already occurred in the United Nations Convention on the Law of the Sea (UNCLOS), to allow for private exploitation demonstrating the extent to which technological progress impacts sovereignty over the commons. In conclusion, I argue that a modified leasehold system somewhat reminiscent of the Homestead Act could maintain the pillars of the CHM principle while allowing for limited property rights and sustainable economic development in the commons."
  • Thieves in Cyberspace: Examining Music Piracy and Copyright Law Deficiencies in Russia as It Enters the Digital Age

    Mertens, Michael F (bepress Legal Repository, 2005-07-04)
    The article discusses broadly the music piracy problem in Russia, the current state of Russia’s copyright laws, and how its laws and problems compare to the U.S. and the rest of the world. In particular, the article focuses on music piracy through the Internet and how it has exploded in Russia. One of the websites I target is the infamous Allofmp3.com, which has attracted a large amount of U.S. attention in recent times by consumers as well as lawmakers. The article analyzes the legislative and enforcement deficiencies in Russia that led to the enormous problem with traditional music piracy and that led to the rise of Internet piracy. The article also analyzes the recent attempt by international organizations to prosecute Allofmp3.com for copyright infringement and why that attempt failed. Finally, the article discusses what steps need to be taken by the United States and copyright owners to remedy the growing problem in Russia.
  • Identifying Potential Conflict in Land-Use Planning Using a Values-Centered E-Participation Tool: A Canadian Case Study in Aggregate Mining

    Philpot, Simone; Hipel, Keith; Johnson, Peter (2019-01-08)
    An innovative e-participation tool is used to facilitate the articulation of value-laden assumptions, and to identify key points of likely conflict in an aggregate mining controversy in Ontario, Canada. The expert model developed using ‘Public to Public Decision Support System (P2P-DSS) reflects a perspective that differs significantly from public perceptions in terms of the social values that influence rejection of a permit amendment application. By facilitating two-way communication about values assumptions P2P-DSS generates a novel dataset that can support pro-active conflict management and contribute to a shared understanding between government decision-makers and public citizens.
  • Openness, Intellectual Property and Standardization in the European ICT Sector

    Mair, Carl (Digital Repository @ Maurer Law, 2012-01-01)

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