Pub Date : 2020-06-25DOI: 10.2979/indjglolegstu.27.1.0059
C. Crawford
Thinkers central to the formulation of contract theory in the Western political tradition, notably Hobbes and Locke,1 articulated their theories in worlds marked by immense political and social strife. Accordingly, their theories seek to address the ordering of political and social conflict through the act of entering into civil society by agreement—by contract, that is. Both writers, despite their considerable differences, focus heavily on exploring the ideal relation between sovereign and subject in a well-functioning civil society. As such, their theories dedicate a great deal of time and energy to understanding and defining the proper relation of the individual and the state. This is unsurprising given the context in which they were working. Both men, despite considerable differences in time, temperament, and point of view, were interested to understand the conditions under which an individual could be compelled to pledge obedience to the sovereign—the sole state power of their era. The social contract underpinning the relationship between individual and sovereign thus was understood by each philosopher to require that an individual sacrifice their liberty in the state of nature to enjoy the benefits of civil society membership. As a result, at the heart of classical contract theory exists a contradiction. On the one hand, a republic is formed by and of many individuals in the service of their collective protection and wellbeing. On the other hand, this collective drive to act so as to protect the common-wealth focuses
{"title":"Access to Justice for Collective and Diffuse Rights: Theoretical Challenges and Opportunities for Social Contract Theory","authors":"C. Crawford","doi":"10.2979/indjglolegstu.27.1.0059","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0059","url":null,"abstract":"Thinkers central to the formulation of contract theory in the Western political tradition, notably Hobbes and Locke,1 articulated their theories in worlds marked by immense political and social strife. Accordingly, their theories seek to address the ordering of political and social conflict through the act of entering into civil society by agreement—by contract, that is. Both writers, despite their considerable differences, focus heavily on exploring the ideal relation between sovereign and subject in a well-functioning civil society. As such, their theories dedicate a great deal of time and energy to understanding and defining the proper relation of the individual and the state. This is unsurprising given the context in which they were working. Both men, despite considerable differences in time, temperament, and point of view, were interested to understand the conditions under which an individual could be compelled to pledge obedience to the sovereign—the sole state power of their era. The social contract underpinning the relationship between individual and sovereign thus was understood by each philosopher to require that an individual sacrifice their liberty in the state of nature to enjoy the benefits of civil society membership. As a result, at the heart of classical contract theory exists a contradiction. On the one hand, a republic is formed by and of many individuals in the service of their collective protection and wellbeing. On the other hand, this collective drive to act so as to protect the common-wealth focuses","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"59 - 86"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48127832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-25DOI: 10.2979/indjglolegstu.27.2.0269
Hafizullah Seddiqi
In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan’s commitments was to reform its then-existing trademark laws.1 Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).2 While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because it is silent on licensing trademarks, and is ambiguous on both trademark validity and use requirements. Consequently, these kinds of deficiencies will create opportunities to misuse a legal loophole, perpetuate corruption, and discourage foreign investment in Afghanistan. This paper suggests that the Afghan government should fix the deficiencies in TRIPS by modeling the Turkey Industrial Code and the Law of the Republic of Indonesia on Marks, in order to decrease corruption and increase trust by foreign investors. The first part of this paper will briefly introduce the structure of the WTO, then cover the process of Afghanistan’s accession to the WTO. The second part will introduce both the old and new Law on Trade Marks Registration of Afghanistan as well as TRIPS.
{"title":"Afghanistan Legislative Commitments to the WTO: A Deeper Look at Afghanistan's Compliance with TRIPS","authors":"Hafizullah Seddiqi","doi":"10.2979/indjglolegstu.27.2.0269","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0269","url":null,"abstract":"In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan’s commitments was to reform its then-existing trademark laws.1 Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).2 While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because it is silent on licensing trademarks, and is ambiguous on both trademark validity and use requirements. Consequently, these kinds of deficiencies will create opportunities to misuse a legal loophole, perpetuate corruption, and discourage foreign investment in Afghanistan. This paper suggests that the Afghan government should fix the deficiencies in TRIPS by modeling the Turkey Industrial Code and the Law of the Republic of Indonesia on Marks, in order to decrease corruption and increase trust by foreign investors. The first part of this paper will briefly introduce the structure of the WTO, then cover the process of Afghanistan’s accession to the WTO. The second part will introduce both the old and new Law on Trade Marks Registration of Afghanistan as well as TRIPS.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"269 - 302"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47435108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-06-25DOI: 10.2979/indjglolegstu.27.1.0015
Daniel Bonilla Maldonado
The right to access to justice is a global issue—both theoretically and practically. From a theoretical perspective, the right to access to justice is a central component of the web of concepts that constitutes the modern State. This right, along with principles like separation of powers, legality, and liberty—and rights like the rights to vote, equality, and expression—form a central part of the modern legal and political imagination.1 These categories shape the axes that construct the horizon of understanding that subjects committed to enlightened modernity are implicitly or explicitly immersed. These categories are also the lenses through which the legal and political world is constructed and interpreted by subjects committed to enlightened modernity. The right to access to justice occupies a central place in this horizon of understanding: it makes explicit the reason why abstract, autonomous, rational subjects create the State and conceive of the core function that it should fulfill, this is, resolving conflicts between individuals and keeping the peace.2 This right is generally understood as the capacity of all members of a political community to call upon the State to solve their differences impartially and efficiently.3
{"title":"The Right to Access to Justice: Its Conceptual Architecture","authors":"Daniel Bonilla Maldonado","doi":"10.2979/indjglolegstu.27.1.0015","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0015","url":null,"abstract":"The right to access to justice is a global issue—both theoretically and practically. From a theoretical perspective, the right to access to justice is a central component of the web of concepts that constitutes the modern State. This right, along with principles like separation of powers, legality, and liberty—and rights like the rights to vote, equality, and expression—form a central part of the modern legal and political imagination.1 These categories shape the axes that construct the horizon of understanding that subjects committed to enlightened modernity are implicitly or explicitly immersed. These categories are also the lenses through which the legal and political world is constructed and interpreted by subjects committed to enlightened modernity. The right to access to justice occupies a central place in this horizon of understanding: it makes explicit the reason why abstract, autonomous, rational subjects create the State and conceive of the core function that it should fulfill, this is, resolving conflicts between individuals and keeping the peace.2 This right is generally understood as the capacity of all members of a political community to call upon the State to solve their differences impartially and efficiently.3","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"15 - 33"},"PeriodicalIF":0.0,"publicationDate":"2020-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44219583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/indjglolegstu.27.2.0071
Micklitz
{"title":"Comments from a Private Law Perspective","authors":"Micklitz","doi":"10.2979/indjglolegstu.27.2.0071","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0071","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69709932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/indjglolegstu.27.2.0111
Roermund
{"title":"Representation and Beyond","authors":"Roermund","doi":"10.2979/indjglolegstu.27.2.0111","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0111","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"111"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69710008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/INDJGLOLEGSTU.27.1.0273
Alexandre dos Santos Cunha
{"title":"Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders","authors":"Alexandre dos Santos Cunha","doi":"10.2979/INDJGLOLEGSTU.27.1.0273","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.27.1.0273","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"273"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69710131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/indjglolegstu.27.2.0060
Kratochwil
{"title":"Thinking Outside the Box, but Minding the Inside and Outside","authors":"Kratochwil","doi":"10.2979/indjglolegstu.27.2.0060","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0060","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"60"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69709874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/indjglolegstu.27.2.0097
Thiebaut
{"title":"The Role of Negativity in Inclusion and Exclusion","authors":"Thiebaut","doi":"10.2979/indjglolegstu.27.2.0097","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.2.0097","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"97"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69709991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/INDJGLOLEGSTU.27.1.0231
L. Muñoz
{"title":"Cause Lawyering and Compassionate Lawyering in Clinical Legal Education: The Case of Chile","authors":"L. Muñoz","doi":"10.2979/INDJGLOLEGSTU.27.1.0231","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.27.1.0231","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"4 1 1","pages":"231"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69710021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.2979/indjglolegstu.27.1.0001
Crawford, Maldonado
{"title":"Introduction: Access to Justice: Theory and Practice from a Comparative Perspective","authors":"Crawford, Maldonado","doi":"10.2979/indjglolegstu.27.1.0001","DOIUrl":"https://doi.org/10.2979/indjglolegstu.27.1.0001","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69709969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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