United Nations System Part 1

United Nations System Part 1 in the United States

1
Promoting Space Ventures by Creating an International Space IPR Framework
DAVID IRIMIES
European Intellectual Property Review
Volume 33, Issue 1, 2011    p.35 LAW JOURNAL / LAW REVIEW
The notion of promoting investments in innovation made and used in outer space—and respecting their associated Intellectual Property Rights (IPRs)—will continue to transition from a desirable policy goal to an essential goal. More and more space activities have shifted from being unilateral endeavours to co-operational, international, and contractually-based arrangements. Such co-operational agreements depend on a simple, uniform and reliable international legal framework, such as application of IPRs in space. However, the current United Nations (UN) space treaties squarely conflict with the current terrestrial IPR framework. To respect IPRs in space and subsequently spur more commercial players and quicker innovation of space exploration, four events must take place: breaking down IPR barriers in space via withdrawal from the UN Space Treaties; forming IPRs in space via adoption of a Space Patent System; cross-pollinating IPRs in space to allow for cross-licensing of the requisite technologies to further space exploration; and rethinking government space agencies’ roles in space endeavours.

2
Separation of powers in public international law: is the International Civil Aviation Organization (ICAO) out of or within the United Nations system? A critique of ICAO assembly elections
PETER ATEH-AFAC FOSSUNGU
Annals of Air and Space Law
Volume 35, Part I, 2010    p.267 LAW JOURNAL / LAW REVIEW

3
What can Australia learn from the Europeans about public participation? Article 6 of the Aarhus Convention and environmental impact statements
Victoria Lambropoulos
Environmental and Planning Law Journal
Volume 27, Number 4, July 2010    p.272 LAW JOURNAL / LAW REVIEW
The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is the only international convention that is exclusively devoted to public participation in environmental matters. Although it is European in origin, much of the detail of the Convention draws upon national environmental legislation, including aspects of the Australian environmental legal system. This article compares the public review provisions relating to environmental impact statements in Australia with Art 6 of the Convention governing “Public Participation in Decisions on Specific Activities”. The article finds that much of the Australian laws with some exceptions satisfy the minimum requirements of public participation in Art 6.

4
A comparative approach to Indigenous legal rights to freshwater: Key lessons for Australia from the United States, Canada and New Zealand
Melanie Durette
Environmental and Planning Law Journal
Volume 27, Number 4, July 2010    p.296 LAW JOURNAL / LAW REVIEW
This article compares Indigenous legal rights to water across four countries: the United States, Canada, New Zealand and Australia. Through this comparison, it identifies gaps in how the legal system in Australia accounts for the range of interests that Indigenous people have in water – from customary through to commercial. The law in relation to three main areas is considered: native title rights, commercial rights, and management rights. This article discusses how, in each of these countries, Indigenous water rights that relate to native title have been limited to rights that are customary in nature. The article further looks at how this narrow conceptualisation restricts the content and scope of Indigenous water rights, and effectively limits not only the ability of Indigenous people to develop resources for economic purposes but also to manage water in such a way that exercises traditional responsibilities and provides for future generations. A comparison of Indigenous legal rights to water in Australia vis-à-vis other countries nations identifies how the Australian government can better account for the full spectrum of water interests held by Indigenous people across the country.

5
The Dublin Statement on the Process of Strengthening of the United Nations Human Rights Treaty Body System
M. O’Flaherty
Netherlands Quarterly of Human Rights
Volume 28, Number 1, 2010    p.116 LAW JOURNAL / LAW REVIEW

6
Reform of the Administration of Justice System at the United Nations
Hwang, Phyllis
Law and Practice of International Courts and Tribunals
Volume 8, Number 2, 2009    p.181-224 LAW JOURNAL / LAW REVIEW

7
THE ROLE OF SOFT LAW IN THE INTERNATIONAL LEGAL SYSTEM: THE CASE OF THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
Mauro Barelli
International and Comparative Law Quarterly
Volume 58, Number 4, October 2009    p.957-983 LAW JOURNAL / LAW REVIEW


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