Use this URL to cite or link to this record in EThOS:
Title: The role of regional organisations in international copyright law
Author: Correa Carranza, Laurin L.-L.
ISNI:       0000 0004 7430 7988
Awarding Body: Oxford Brookes University
Current Institution: Oxford Brookes University
Date of Award: 2015
Availability of Full Text:
Access from EThOS:
Access from Institution:
This research will examine the role which regional organizations play for the implementation of the international copyright protection framework in their member states. This is done in order to gain an increased understanding of the impact that international and regional agreements have on national copyright legislation and its enforcement through national and regional courts. The issue of how copyright balance is reflected and implemented in these legal structures is of central importance to this research, since regional or national preferences can influence in which manner the creator’s or the user’s interests are represented in law. The theoretic concepts of constitutionalization (particularly in terms of institutionalization), embedded liberalism (as providing a theoretical link between social concerns and trade liberalization) as well as proportionality (in representation of the rights balancing done by courts) will be utilised in this research. The interconnected legal relationship of copyright will be examined utilizing the case studies of the European Union and the UK as well as the example of the Andean Community and Ecuador. In order to have an increased understanding of the difference in terms of implementation between being part of a regional union and not being a member state of such, the situation in Chile will also be part of this research and the comparative analysis. Chile is a case study which, through comparison with the legal and institutional framework of regional organizations, illustrates the situation of a country which is not part of a regional organization and entered into independent bilateral treaty obligations instead. These countries provide also a basis for considering the differences in preferences between developed and developing countries in the context of international and regional copyright protection. This can bridge the current gap in understanding of the particular effect that international and regional copyright legislation has on such countries. The conclusions and research findings of this research provide an insight into the importance that regional organizations have in shaping the legal framework of their members in accordance with a set of preferences in regards to copyright interests.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral