Law And Technology In The Pacific Community

Most would agree that business and trade are now carried out in an international environment, but it is much less widely recognized that the practice of the law of business and technology is also becoming internationalized. Indeed, in many ways we seem to be rapidly moving toward a world legal order that may parallel the world economic order. In th

This is a wide-ranging selection of 130 readings in Japanese law. The essays, extracted from previously published books and articles, cover subjects including historical context, the civil law tradition, the legal services industry, dispute resolution, constitutional law, contracts, torts, criminal law, family law, employment law, corporate law, and economic regulation. This unique collection of readings is accompanied by the texts of the Japanese constitution and other basic laws.

Much of the mental health legislation in the Pacific region is archaic, pays no attention to the rights of mental health consumers and is long overdue for reform. A small number of countries in the Pacific has recently undertaken such reform. This work analyses the provisions of past and present mental health statutes in selected Pacific countries to establish, firstly, whether the new legislation has prima facie created or improved pathways for access to justice for mental health consumers and, secondly, whether these pathways offer any practical benefit for those subject to involuntary detention. The research is based on field work involving interviews and correspondences with mental health professionals, court officials, law reformers, lawyers and other professionals in the Pacific region.

Leading experts in the law of the sea assess the impact of emerging technology on ocean governance.

This book analyzes the common set of obstacles to the development and integration of government Information and Communication Technology (ICT) projects and effective e-government initiatives in developing countries. It draws on the expertise and experience of more developed states in the Pacific, notably Australia and New Zealand, both highly rated in global rankings for e-government and active in a variety of e-government development projects across the region. There has been a general failure to identify priorities and align projects with local needs in ICT/e-government projects. Small Island Developing States (or SIDS) present a unique problem in terms of e-government. Not only do they suffer from a common set of barriers to ICT development such as their remoteness, geographical dispersion, moist tropical climates, largely rural populations, and lack of ICT capacity and infrastructure, but are also dependent on external agencies for investment, and must negotiate with powerful donors who have conflicting agendas. E-government is widely regarded as 'transformational', increasing efficiency, productivity, accountability, economic growth, and citizen involvement. But while the governments of SIDS are committed to harnessing ICTs for effective government and economic development, they face major challenges in establishing successful e-government initiatives, due to the problems outlined above, coupled with a lack of HR capacities and appropriate strategies and policies. Drawing on the experience of the states mentioned above, as well as regional quasi-governmental bodies, nongovernmental organizations (NGOs), aid agencies, and the private sector, the book will be of interest to researchers and students in the fields of e-government, public administration, political science, communication, information science, and social media.

This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.

ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.