Collective Rights Research Articles

Tantangan Dalam Implementasi Kekayaan Intelektual Sebagai Jaminan Pembiayaan Berdasarkan Peraturan Pemerintah Nomor 24 Tahun 2022

The regulation of intellectual property as collateral is not something new in Indonesia, especially in terms of copyrights or patents. However, it is difficult to implement because there are still legal obstacles. The government enacted Government Regulation Number 24 of 2022 which strengthens intellectual property provisions as collateral. This collateral is carried out in the form of a fiduciary guarantee in addition to contracts for creative economic activities or collection rights. This regulation allows creative economy actors to guarantee their intellectual property to obtain alternative sources of funding in developing their businesses. Even so, there are still challenges in implementing intellectual property as collateral. This study uses a doctrinal legal research method through a qualitative approach by utilizing secondary data as the main data based on a literature research. Sources of research data are laws and regulations, theories and relevant legal concepts. Data were analyzed using qualitative juridical methods and logical deductive reasoning. The results of the study show that there are still challenges in the implementation of intellectual property as collateral for financing such as the problem of valuing intellectual property assets, the existence of intellectual property appraisal institutions, the absence of a secondary market to trade intellectual property assets, and the problem of piracy that still occurs frequently.

Die Deutschen im Banat, von der Kolonisation bis zur Integration in den rumänischen Staat Ein kurzer Rückblick

In the historical process of expelling the Ottomans from Europe, Habsburg rule spread across Central and Eastern Europe. In the context of the somewhat later dominant views that guided pol itics, such as the Enlightenment or the populationist politics, the settlement of colonists became more and more important, also in Banat, a depopulated area during the Turkish wars, which was mainly used for defense purposes. Here, the new colonists, the new types of settlements and the industrial activities in a highly multicultural environment made Banat one of the most developed and industrialized regions of the Habsburg Monarchy. In the description of the settlement of Ger man population groups that took place in the 18th century, the example of the Transylvanian Sax ons is used first, who were settled very early on by the kings of Hungary on the eastern border of the kingdom in order to protect them and also to farm. Over time they have developed and always defended their own identity and dialect as well as their own laws and constitutional status. The settlement of the Banat Germans, which took place in several waves, is followed along the social, geographical, economic and last but not least demographic coordinates. Later, the constitutional status of Banat also changed, until this multicultural region became part of Greater Romania after the First World War. All these changes always brought new challenges for the Banat Germans, who had their own organizational forms at that time. Political activity in defense of collective rights continued throughout the interwar period, marked by political instability.

Public opposition or social protest against investment projects in Chile and Colombia

Public opposition is both an individual and collective right that allows for free expression, becoming a fundamental component of the sustainability of democracy. Likewise, public opposition is considered an elemental factor in democratic collectives. Thus, its importance is expressed in undertaking actions to limit what is termed "current governments." In turn, they represent the most effective alternative for forming new governments. In this regard, the aim was to describe public opposition, its drivers, and the main manifestation against mining-energy projects in Chile and Colombia. For this purpose, a mixed study was conducted with a predominance in the qualitative aspect, where documentary review was the main technique used as a methodological resource. The analysis of 24 projects is evident, 9 in Chile and 15 in Colombia, identifying 18 forms of public manifestation, with strikes being the most representative. Likewise, it is shown how the drivers that generate conflicts in energy projects in Chile and Colombia are grouped into components such as governance and environmental. Finally, strategies to mitigate and compensate for the impact caused by public opposition to investment projects are presented.

Aggregate Markup and Its Impact on Income Inequality: Country Panel Evidence

This study investigates the relationship between market power, as measured by aggregate markups, and income inequality across 34 countries between 1991 and 2016. We find that market power is positively associated with income inequality in developing countries, while the relationship between markups and income inequality in advanced economies is more nuanced and statistically insignificant. Our study reveals that a higher collective bargaining rights mitigate the impact of market power on income inequality, emphasizing the importance of robust worker protection systems for fostering a more equitable labor market environment.

Freedom and Law

The notion of “freedom” in the age of neoliberalism is under the strong influence of technology and in a great measure it is different from the concept of freedom in the age of liberalism. In neoliberalism man’s freedom is projected and defined within the frameworks that are shaped by technology while in an earlier period man was called to shaping the laws of freedom. We always hear about knowledge being one of the basic human rights, but nobody says that which man should know. It seems to be that what is meant by that are the topics which are spoken of on a daily basis, and which presents the basic preoccupation of some people, and that is the relativization and suppression of moral norms. The sentence “knowledge is the right of all people” has become a catchphrase according to which everyone has the right to do as they will and everybody has the right to usurp the private life and intimacy of every individual. It must be said that pure acquaintance with raw information does not represent knowledge. The piling of information is the greatest enemy of common human sense and reasoning. In case freedom has to be connected to the very spirit of one community, the question is posed; whether a general call for freedom comes out of the spirit and need of that community or whether it is the result of the manipulation of others who have tendentious and wicked intentions. In any case, even though democracy presents the manifestation of collective human gravity and will, it is not possible to implement it everywhere or at the very least not until it comes to certain changes in society. The following question is posed: what is freedom’s treatment of the individual and collective rights like and what bears greater meaning in a free society? The possessing of human qualities is a condition for the establishment of the freedom of thought, however in society and in politics personal and collective interests go hand-in-hand. Is political development the precondition for economic growth or is it in reverse? There are arguments which give advantage to the first and the second claim. However, it is visible that the development of any dimension of society influences the development of other dimensions and there are no special rules there. There are certain preconditions which are necessary for the development of society and they are interconnected. Every country that thinks of development must ponder upon the freedoms and civil rights of its inhabitants. Although the claims that humanity is going to the direction of freedom and peace are not correct it should be said that freedom is the question of human honor and that everybody is obliged to fight for it in his own way. Key words: Freedom, development, liberalism, neoliberalism, technology, individual interest and collective interest.

Cultural Heritage and Legal Mobilisation After Terror: July 22 and the Battle for Y

ABSTRACT This article investigates the growing recognition of cultural heritage as a contentious human rights issue. After the bombing of the Norwegian government buildings in Oslo on 22 July 2011, the YBlock, emerged as a cultural heritage object of high symbolic value. The government's megaproject of constructing a new government complex was contested due to its impact on the human right to public space and human rights in public space. Following a lengthy civil society and legal mobilisation campaign to save the Y-Block, it was demolished in 2020. By unpacking three legal arguments put forward to preserve the building, this article contributes to the sociolegal study of legal mobilisation in the Nordic countries and casts light on disputes over cultural heritage, the right to culture, and reconstruction after urban terror. These arguments included the suggestion that a cultural heritage protection process, which had been (illegitimately) halted by the attack, had never formally ended; reference to international human rights norms and transnational policy support; and contestations over process legitimacy, where early ‘hidden' political decisions precluded the YBlock’s preservation. The article concludes that the struggle for the Y-Block was an iconic democratic exercise that reinforced cultural heritage as a collective human rights issue.

KELINDAN ANTARA ‘HAK NEGATIF’ DENGAN ‘HAK POSITIF’ DALAM DISKURSUS HAK ASASI MANUSIA

This paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, case law, and comparative constitutional law approaches. It concludes that the dichotomy can only be used in a teaching and pedagogical setting of human rights, but the dichotomy cannot sustain the test in theoretical-conceptual and practical analyses.

Strengthening of best practices in the preservation of cultural diversities: A phenomenological research

This study illuminates the field of indigenous cultural preservation. The importance of indigenous knowledge to the survival of human communities motivates efforts to preserve it. Opportunities to alter the world abound, but they may need to adapt to shift in generational attitudes and methods. Any civilization will refer to ethnic groupings as minorities. However, their culture’s diversity cannot be discounted; rather, it is a distinguishing aspect of history that must be kept and protected. To ensure that the data were accurate and reliable, the researchers assessed data saturation and performed data triangulation and ground truths. Indigenous peoples and indigenous cultural communities frequently appeared in research on resource management and the extractive industries, suggesting a relationship between the two indigenous communities diverge from one another. Numerous indigenous people still struggled with a number of human rights challenges, which is sad. The truth is that the implementation of their rights is far from perfection. One of the greatest hurdles to indigenous peoples' ability to exercise their human rights is the pressure placed on their lands, territories, and resources as a result of activities related to resource extraction and development. Their rights are not protected or promoted, and their cultures are still in danger. Indigenous people have had unprecedented access to and participation in international legal and policy procedures pertaining to human rights, demonstrating their influence on those decisions. By nature, the rights of indigenous people are collective rights. In other words, they belong to indigenous people who have organized themselves into peoples. The Declaration also recognizes individual rights, but its level of collective rights recognition is unprecedented.

스피노자의 윤리적 자아와 다중의 공동성에 관한 연구

This study explores the ethics of the ego and the commonality of the multitude, with a specific focus on Spinoza. Its objective is to illuminate the constitution of the ego and determine its ethical nature. This study demonstrates the relationship between Spinoza’s ideas of the affections of the body, three kinds of knowledge, and emotions in the formation of the ego. It delves into how the ethical sociability of the ego is naturally and inevitably generated within the essence of human nature, without being based on external norms, with a focus on the imitation of emotions. By doing so, it aims to elucidate the fundamental basis of the ego's sociability and examine the possibility of ethical lives for individual egos within society. Furthermore, this investigation seeks to determine how the inherent passivity of various desires in the ethical ego finds expression within society and explores the resulting outcomes. Ultimately, it becomes evident that the ethical life of the ego cannot be solely constructed within society, and it serves as the foundation for the establishment of a nation-state. Additionally, it illustrates how individual egos combine multiplicities to contribute to collective rights, signifying the ego's organization within the commonality of the multitude.

The characteristics of the new powers granted to consumer protection authorities under Regulation 2017/2394

The subject of the article is the characteristics of the new powers granted to consumer protection authorities under Regulation 2017/2394. They concern the possibility of interfering with the online interface of a trader who commits cross-border infringements of collective rights of consumers concluding contracts in the digital area. Powers include the ability to remove content or to restrict access to an online interface; to order a hosting service provider to remove, disable or restrict access to an online interface; or the power to order domain registries to delete a fully qualified domain name. The text discusses the reasons for introducing such regulations and the manner of their implementation in the draft national regulation, as well as a brief discussion of legal solutions in selected Member States. Attention was also drawn to the issue raised in the public debate on the compliance of provisions authorizing administrative authorities to interfere with websites with the criteria formulated in several recent judgments of the European Court of Human Rights.

The Right to Self-Determination of Peoples through Examples of Åland Islands and Quebec : Recommendations for a Peaceful International Legal Order

In contemporary public international law, it is increasingly common that in many countries of the world and Europe, political representatives of the peoples are calling for an inalienable right to the external self-determination of the peoples involving secession to try to achieve their independence and autonomy, forming their national states to the detriment of already existing countries in which they are currently living. However, this may cause destabilization and wars in many complex multiethnic states and the European Union. Therefore, the Aland Islands and Quebec cases are extremely important for today’s understanding of the exercise of the right to self-determination of the people in contemporary public international law, in particular as the International Court of Justice in The Hague and the domestic courts invoke them as precedents to address all future cases of reference to the right of the people to external self-determination involving secession. Based on those cases, it has developed that the issue of secession is the question of the internal legal order of each sovereign country, which should deal with this issue through its constitutional legal order, and contemporary public international law should deal with its consequences. In connection with this, it is necessary to investigate and offer answers that will highlight possible abuses of the right to self-determination of all peoples as a collective human right in contemporary public international law. Such unlawful conduct may result in adverse legal consequences, in particular, the violation of basic principles of public international law, including the principles of territoriality and sovereignty of the states, the distortion of world peace and order, economic progress, the rule of law and the pursuit of basic human rights and freedoms, as well as other collective human rights, which may ultimately be the cause of provocation and lead to international and civil wars.

Islam and International Standards of Human Rights: An Analysis of Domestic Implementation of International Human Rights in Islamic Culture

The understanding of human rights concepts and laws has developed dramatically. Human rights concepts have shaped the moral, ethical, legal, political, and religious realities of many civilized nations. Modern nations give utmost significance to humans, and all laws of the states revolve around humans. Murder, terrorism, honor killing, and the denial of human rights are frequently blamed on Islam. This review paper focused on the practical conditions of human rights in Pakistan as an Islamic country, based on human rights reports and observations, and its relevance to the contemporary discourse on human rights within international standards of human rights. Islam advocates the peaceful co-existence of peoples, religions, and societies and guarantees individual and collective rights. Rather, human rights are a central feature of Islam. Islam as a religion recognizes two types of rights: rights that humans are obliged, by virtue of being the creations of God, to fulfill and obey, and rights that they are entitled to expect from their fellow human beings. Domestic implementation failure of human rights refers to moral collapse and state failure

Theoretical foundations of public administration in the sphere of formation of national identity

Theoretical foundations of public administration in the sphere of formation of national identity

The constitutional standing of philosophical and non-religious beliefs in Bulgaria

This paper explores freedom of philosophical and non-religious beliefs in Bulgaria. It outlines the constitutional framework of this freedom both in the contemporary Bulgarian constitutional model based on the current 1991 Constitution and in Bulgarian constitutional history as well as previous fundamental laws – the 1879, 1947, and 1971 Constitutions. The paper explores both the legal and socio-legal aspects of freedom of philosophical and non-religious beliefs, analysing the role of normative ideologies in the context of secularism – specifically, the largely secular Bulgarian society. The paper demonstrates the relationship between freedom of philosophical and non-religious beliefs and freedom of religion in Bulgaria. Attention is devoted to organised philosophical and non-religious beliefs. The article explains why freedom of philosophical and non-religious beliefs is protected as an individual and not as a collective right. The paper also explores the practical problems of the philosophical and non-religious beliefs in Bulgaria.

THE CONCEPT AND PECULIARITIES OF ACTIVITY OF PUBLIC ASSOCIATIONS OF NATIONAL MINORITIES (COMMUNITIES) OF UKRAINE

The article is devoted to the study of the concept of «public association of a national minority (community) of Ukraine». The relevance of the study is due to the process of reforming the legislation on national minorities of Ukraine, which is one of the conditions for granting Ukraine the status of a candidate for accession to the European Union. It is noted that public associations of national minorities (communities) are a means of realizing the collective rights of national minorities (communities) of Ukraine, as well as an external form of exercising individual rights to the development of ethnic, cultural, linguistic and religious identity by persons belonging to national minorities (communities) of Ukraine. The author suggests that the public association of the national minority (community) of Ukraine is a voluntary non-profit association of persons who belong to the relevant national minority (community) of Ukraine and/or relevant legal entities under private law, the main purpose of which, according to the charter, is to implement and protect the rights and freedoms of a certain national minority (community) of Ukraine, satisfy its public needs and interests, integrate into Ukrainian society. The Law of Ukraine «On National Minorities (Communities) of Ukraine» has certain shortcomings with regard to public associations of national minorities (communities). The Law does not contain a definition of the concept of “public association of the national minority (community) of Ukraine”, i.e. the formal legal features of such a public association are not defined. The Law does not define the types of public associations of national minorities (communities) that can be formed and carry out their activities in Ukraine. The Law does not give any idea about the procedure for the formation of public associations of national minorities (communities) of Ukraine. The author analyses the rights of public associations of national minorities (communities) defined by the Law and describes some of them, in particular «ceremonial». Taking into account various aspects of the activities of public associations of national minorities (communities), the author proposes criteria by which the effectiveness of such public associations and their reputation can be assessed. The author concludes that the Law of Ukraine «On National Minorities (Communities) of Ukraine» has brought the protection of the rights and freedoms of national minorities (communities) of Ukraine to a new level, and has become another step towards bringing Ukraine’s national legislation in line with international human rights standards, but shortcomings such as legal uncertainty necessitate the improvement of the Law by introducing certain amendments to it.

Protecting the Human Rights of Refugees in Camps in Thailand: The Complementary Role of International Law on Indigenous Peoples

This paper investigates whether and how International Law on Indigenous Peoples (ILIP) can complement protections granted under International Refugee Law (IRL) and International Human Rights Law (IHRL) to refugees in camps in Thailand. Presently, there are over 90,000 refugees from Myanmar in Thailand, confined to nine camps along the Thailand–Myanmar border. These refugees belong to different ethnic minority groups, but the vast majority are Karen—Indigenous Peoples from the Thailand–Myanmar border regions. They have fled to Thailand due to persecution by Myanmar authorities and segments of the Myanmar population. To date, Thailand has refused to become a party to the 1951 Refugee Convention or its 1967 Protocol. The country has failed to develop an asylum system and its laws continue to regard refugees as ‘illegal migrants’. These refugees have been surviving in conditions of profound rightlessness. I posit that ILIP has a critical role to play in addressing the protection gaps and limitations in IRL and IHRL. In particular, the ILIP system of collective rights is vital in recognising the specific needs of refugees who are indigenous peoples. ILIP therefore provides a potent tool to make IRL and IHRL more responsive to the protection needs of indigenous refugees.

Commoning under the new rangeland development paradigm: ‘Pastoralisation’ of the Banni grasslands of India

Granting collective rights over grazing lands is considered a win-win strategy for grassland conservation without compromising pastoralist livelihoods. However, the initial enthusiasm for decentralised management has been dampened due to differing socio-ecological and political outcomes of their implementation. Commoning is increasingly accompanied by commodification and market-based initiatives that undermine the anti-capitalist premises of commoning. Banni grasslands in the Kutch district of Gujarat, India, have undergone numerous development interventions by NGOs and activists to ‘recommon’ pasture lands. Using a mixed-methods approach, we show that the commoning of the Banni which is a response to increasing fragmentation of the landscape relies on invoking an identity of people of Banni as pastoralists first and foremost. We call this process pastoralisation. We argue that calls for commons in Banni, even as they oppose privatisation and agrarian enclosures are embedded in the capitalist economy. Our study shows that the reliance on commoning to address complex issues of resource access and management could lead to the exclusion of marginal actors and the extension of capital and markets into new areas.

The evolution of individual and collective rights in the Chinese workplace

ABSTRACT Due to the underdeveloped nature of organized labor, it is possible to view the ‘individual’ and ‘collective’ components of labor legislation in China as separate and severable. This article aims to challenge such thinking by arguing that collective labor law and collective bargaining practices in China have profoundly shaped the law of employment contracts and individual employment relations. To this end, analyzing the laws surrounding individual employment contracts should not proceed without considering collective labor law. This article investigates, in the first three decades following the establishment of the People’s Republic of China in 1949, the significance of collective rights to the underdevelopment of legal rules of employment rights and the emergence of the socialist social contract. This article also examines, after the economic reform of 1978, the various ways collective bargaining contributed to the transformation from the socialist social contract to the standard contract of employment and from an underdeveloped to a comprehensive framework of employment legislation. Finally, in the post-economic-reform decades, the analysis suggests that collective bargaining encourages the empowerment of trade unions with legislative and administrative efforts and facilitates the incorporation of terms and conditions improvement into individual employment contracts.

Effectiveness of legal protection of Collective and Diffuse Rights: a contemporary look from the perspective of Complexity Theory

The present work follows the paths of bibliographic investigation, having as an investigative axis the protection of homogeneous diffuse, collective and individual rights in the light of Complexity Theory. It starts from the assumption that the complexity of social relations often radiates its effects on the legal dimension of the world of life, culminating in the emergence of complex situations that the Law aims to protect, in an equally complex way. It also considers that in the sphere of the protection of these rights, it is not always possible to find a simplified/simplifying answer to the problems presented. Faced with the current problems of society, which are more complex, it seeks to reflect on various proposals for solutions to current socio-legal problems, regarding the understanding of the referred phenomenon, considering that the proposals offered by contemporary doctrine do not always coincide with the conventional. The present research does not aim to exhaust the matter, but only to present new perspectives to the confrontation and forwarding of more contemporary solutions, related to the injuries and damages generated/caused in the socio-legal sphere of the rights and interests, now appreciated.

Individual or collective rights? Consequences for the satisfaction with democracy among Indigenous peoples in Latin America

ABSTRACT For decades, Indigenous peoples and their movements have fought for the recognition of their rights. Since the multiculturalist turn, these demands are – at least partially – a legal reality in many countries in Latin America. Indigenous group rights can be attributed to individual group members or in a collective way to the group as such. Here, I investigate how these contrasting approaches impact on Indigenous citizens’ satisfaction with democracy. From normative theory, I derive the expectation that incorporating collective Indigenous rights increases satisfaction with democracy, because they address the historical loss of Indigenous sovereignty and open new spaces for the participation of previously marginalized groups. In contrast, the individualization of Indigenous group rights can be seen as a form of assimilation. The empirics show that collective rights increase the satisfaction with democracy among Indigenous peoples – and among the wider public. Thus, recognizing collective minority rights does not seem to stir division but sends a message that democracy is working well.