Creative Labour Regulation: Indeterminacy and Protection in an Uncertain World

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Ultimate truth here is a matter for future empirical study. Introduction Mr.

Authors’ Biographies

She has various corporate and supranational experiences, including working at Brandsmiths Consulting Limited as the Chief Operating Officer and Head of Legal, where she engaged with top government officials to secure contracts and oversee higher-level training programs in Nigeria, the Middle East and Western Europe. Presentation Title: Access to Justice and Development for Rural Women in Sub-Saharan Africa The presentation argues that rural litigants who are predominantly women cannot afford the high cost of formal justice; are unable to travel long distances for court procedures; do not understand English the language of most formal courts and value African customs above foreign legal rules, leading to a preference of traditional dispute resolution systems.

The presentation also shows that while traditional courts guarantee quicker and cheaper access to justice in many African countries, human rights organisations criticise them for failing to adhere to international fair trial standards — the rule of law.

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As such, it examines the path towards ensuring equality and the right to a fair trial for rural women in sub- Saharan Africa. It conducts a review of the funding challenges associated with formal legal aid structures and traditional justice mechanisms within specific national judicial systems in sub-Saharan Africa, in seeking to advocate for good governance, stronger institutions and the protection of socio-economic rights as a means to development for rural women on the continent.

Jonathan Bashi Rudahindwa. His scholarship focuses on Sub-Saharan Africa, particularly on the correlation between law, regional integration and socio-economic development in the African context. Current research interests include transnational arbitration and a political economy of African regional integration initiatives, including the African Union and the African Economic Community, and the development of a nuanced methodological approach to regional integration in Africa named regional developmentalism through law.

Creative Labour Regulation Indeterminacy and Protection in an Uncertain World Advances in Labour Stu

He worked in the private sector in DRC before entering academia. Using the transnational law prism as methodological approach, the paper is aimed at exploring the political and economic underpinnings of the OHADA process, to help understand its very nature and scope, and trace its origin within the global governance and law and development theory. The ultimate goal of the presentation is to promote a better understanding of OHADA as a transnational legal process, highlighting its strengths and its limitations, to ensure that it can achieve its goal of inciting economic development in its Member States.

Dee Smythe panel chair. It is particularly concerned with understanding the operation of transitioning legal systems, ranging from legal education, through legal practice, and the operation of the police, prosecution and criminal courts, to vernacular dispute management mechanisms. Dee is an expert on state responses to gender-based violence, with a specific focus on sexual offences.

However, the post government vision for South Africa has never had a Law and Development philosophy that prioritises and fosters industrialisation. He obtained his undergraduate degree in accounting and law with first class honours from the Chinese University of Hong Kong, LLM with distinction from Lancaster University and doctorate from the University of Oxford. His research interests lie in corporate and financial laws, most notably with an interdisciplinary approach by considering the role of law in economic development.

As of , the African Securities Exchanges Association has 25 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalisation.

Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by other countries such as Zimbabwe and Nigeria. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this paper seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries.

On the one hand, the paper will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries. His areas of focus include regulatory compliance, antitrust, advocacy and policy development. In this capacity, George worked with the private sector and governments to enhance competitiveness and export capability. Additionally, he has had vast experience in advising governments on trade policy in Kenya, Uganda, Ethiopia, Sudan and Tanzania and has worked extensively on regional integration issues with the East African Community EAC.

The WTO rules provide a level playing field for all countries and preclude the intervention of governments.

rajeev dehejia: publications

Most of these interventions were heavily rooted in industrial policy tenets. However, the last 5 years has shown that Members States of the Community, are pursuing more nationalistic agendas which are potentially putting them in contravention with both EAC and WTO rules. The presentation will first analyze WTO rules to understand the limits it places on industrial policy activities.

It will then illustrate case studies on different industrialization policies being implemented in East Africa over the last 5 years and analyze the areas of possible contravention. Finally, the author will provide perspective on how East African countries can cohabit economic development and be compliant with WTO rules. She counsels and represents clients on all aspects of international trade law with a particular focus on WTO law and WTO dispute settlement.

Colette also conducts independent research on trade law, industrial policy, and development. She has published her research in various outlets, including academic journals, and regulatory speaks at international conferences. Colette holds a joint J.

Bibliographic Information

In contrast to previous decades, many of these industrial policy plans have moved away from ideological extremes, such as infant industry protection and Washington consensus-style liberalization, towards a more nuanced approach. What remains largely unexplored throughout the literature is how African governments can implement these dual, and sometimes contradictory, objectives.

This presentation analyses different policies that African governments can adopt to promote the participation of their small and medium-sized domestic enterprises in industrial development while not deterring foreign investment. It will focus specifically on procurement, SEZ and EPZs, as well as policies that encourage production linkages between small, domestic businesses and foreign investors.

Faizel Ismail panel chair. Introduction Dr. He is the author of two books on the WTO: Mainstreaming Development in the WTO and Reforming the World Trade Organization and has published over 50 articles, chapters and working papers in international journals and books on economic development, trade and development issues. Yassine Dourhani is a university professor at the faculty of law and economic sciences, Cadi Ayyad University, Marrakech, Morocco.

He has participated in several seminars and conferences in Morocco, France and Italy. He is a legal adviser for many companies in Marrakech, a member in Arbitration and Mediation Centre in Marrakech, and member in the scientific Committee in national magazine specialized in Trade Law. The presentation discuses the narrow margin that has been left to a real development of Africa by means of TRIPS and to show how the intellectual property rights occupy a prominent place on any attempt to reach development and to stimulate innovation and creativity but they soon turn to be a means of monopoly and self attribution of resources without any compensation to the owners, of traditional knowledge and materiel resources in Africa.

Two aspects seem to be banned by the TRIPS: a real transfer of technology, and a real participation in the outcomes.

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Though, the TRIPS dispositions provide certain number of flexibilities, and DOHA declaration allows granting compulsory licenses to produce medicines by developing countries. The lack of democracy and transparency are ones of the theological virtues of the world trade organization. Consequently, to reach development, Africa must be aware of its capacities and unit its forces in order to promote resilience and strengthen its negotiations abilities. His scholarship explores intersections between intellectual property law and international trade, development, and cultural identities.

He is particularly interested in legal capacity building issues related to creative industries. Court of Appeals for the Ninth Circuit. This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions in U. The same approach could work to target abuses in many other domains including human rights, labor law, and environmental protection.

Indeterminacy and Protection in an Uncertain World

Unfair competition law could therefore supply a powerful new tool to vindicate global regulatory norms and bring a measure of justice to those powerless to enforce rights in their home countries. At the same time, extra-territorial use of unfair competition law raises serious concerns. Allowed to operate in unfettered fashion, such actions could also lend themselves to competitive abuses, protectionism, and unilateralist bullying.

She has been engaged in several international Intellectual Property IP law research projects and has published widely on IP law on aspects including copyright law and access to knowledge, patent law and access to medicines, and traditional knowledge. She guest lectures at other universities such as Africa University.

It will argue that a stakeholder inclusive approach that considers the interests of a wide range of actors and the impact of copyright on innovation in the creative industry is more likely to yield the desired developmental result. He is called to the Nigerian Bar. The Role of Intellectual Property in Promoting Development within Bio-Resource Rich African Countries: A Case for the Intellectual Property-based Protection of Traditional Knowledge Against the backdrop of a difficult multilateral negotiating process underlying the current efforts at WIPO to agree on the text of an international sui generis instrument for the protection of TK, this paper sets out to achieve three things.

Drawing from relevant examples across the continent, the importance of an African IP-based protection mechanism for TK is examined. Third, this paper reflects on the possible contributions that a successful instrument of this nature can make to the developmental needs of African countries. It concludes with complementary suggestions addressed to domestic policy makers, African negotiators within the context of the WIPO multilateral discussions, and scholars interested in picking threads for further research. She has written book chapters and incisive articles which have been published in reputable academic journals.

She has attended and presented papers both locally and internationally at several conferences, workshops and Policy Roundtable. She is widely travelled. She is married with children. Presentation Title: Enforcing Intellectual Property Rights in Nigerian Courts There is no point in making comprehensive provisions for the protection of various intellectual property rights without a corresponding comprehensive system for enforcing same when the rights are or about to be infringed.

Creative Labour Regulation

Right holders must be granted means to enforce their rights just as is obtainable in other forms of tangible and intangible properties. To this end, all intellectual property systems need an effective judicial system that is empowered to deal with both civil wrongs and criminal offences while being presided over by adequate number of judges with the requisite experience in intellectual property.

The presentation concludes with a call for the review of the sanctions for infringing intellectual property rights in Nigeria. Sengo has a well-developed knowledge and practical experience in providing legal services in both contentious and non-contentious matters and he has participated in various researches and consultancy works for and on behalf of the College and Clients. Prior to join College of Business Education Mr. En route for attaining an excellence legal practice, Mr. Sengo undergone an intensive six month internship at NexLaw Advocates a well-known and reputable Corporate and IP Law Firm based at Dar es Salaam Tanzania where he was exposed to various legal ventures such as attending and handling of clients, assisting in compliance issues, providing legal advice, drafting of legal documents and participating in conducting legal research.

Currently, Mr. Sengo graduated Bachelor of Laws LL.