American Journal of Law and Legal Studies


Research Article of American Journal of Law and Legal Studies APPROPRIATION OF PERSONALITY IN THE COMMONWEALTH CARIBBEAN Kalisa Greaves-Fearon Attorney-at-law and Lecture at the University of Technology, Jamaica and LLM Student There is the flagrant unauthorized use of people’s personality in the Commonwealth Caribbean, yet the tort of appropriation of personality is grossly underutilized in the region. The Author aimed at ascertaining the reason this situation persists in the Commonwealth Caribbean. The contribution to the introduction and development of appropriation of personality in the Commonwealth Caribbean made by the judgment of the only case on appropriation of personality in the region, Robert Nesta Marley Foundation v Dino Mitchelle Ltd was also discussed. The only other case on appropriation of personlity from the region Georgia Messam v Clive Morris and Milton Williams was also discussed. Traditionally, the development of the law in the Commonwealth Caribbean was along the lines of passing off based on United Kingdom jurisprudence. Recently the development of the tort has been along the lines of Canadian law. It is suggested that the tort should be developed along the lines of both Canadian and German jurisprudence. Resultantly, amendments to the law based on both Canadian and German laws were suggested. Keywords: Image rights, personality rights, image, goodwill, Commonwealth Caribbean, appropriation personality, publicity rights ...


Review Article of American Journal of Law and Legal Studies WEB INFORMATION QUALITY VERSUS TURBULENCE ON URL DECAY: CRITIC ON RELIABILITY OF AUTHORITY CITATIONS Zharama M. Llarena Juris Doctor student, California Southern University Internet usage provides environment for learning, research, entertainment, and business. Web design is crucial for market-ability of the Web page, whereas, Web information is essential for enhancing research skills for academic and institutional growth and development. This study aims to assess information provided in the various Internet sites according to several literature content compliance and gaps on URL forming rots over time as inaccessible URLs may be subject to copyright infringement. References of authors render article citations by providing URLs, DOIs, and PURLs, in which old URLs tend to be unavailable as time function which may be subject to intellectual property issue by communication obstruction of public right. Hyperlinks enable end-users to access Web content for an exclusive communication right to the public under Article 8 of WIPO Copyright Treaty as retrieval from Internet Archives and Google services had a limited ability to preserve its full content, hence, public communication results to impediment. Therefore, modern DOIs and PURLs must be preferred in citing articles as their unique identifiers are permanent, unlike old URLs that used to rot after several years. Keywords: website, citation, references, archiving, intellectual property ...


Research Article of American Journal of Law and Legal Studies PROTECTING THE HOST COUNTRY’S ENVIRONMENT: AN EMPHASIS ON HOME STATE REGULATION IN INTERNATIONAL INVESTMENT Jiawen Cui School of International Law, China University of Political Science and Law. The awakening of civic consciousness of social rights requires investors not only have to obtain the “administrative license” from the host countries, but also need the “social license” from the local citizens when investing abroad. Although ICSID has made a series of decisions in favor of the host countries in investment disputes referring to environmental protection after the year of 2000, a tendency emphasizing the rights of investors has not changed substantially. In international investments involving environmental protection, the responsibility of the home country is either absent or exists in a form of soft law, thus cannot play a effective role. Emphasis on the responsibility of the home country has a vital meaning on balancing the rights and interests among all the parties. Keywords: Responsibility of the home county; Social license; Environmental protection; Legislation of the home county; Judiciary of the home country ...

Intellectual Property Rights in Nigeria: Issues and Challenges

Research Article of American Journal of Law and Legal Studies Intellectual Property Rights in Nigeria: Issues and Challenges Nwanna, Clifford Ezekwe (Ph.D) Faculty of Environmental Sciences, Nnamdi Azikiwe University, Awka, Anambra State, Nigeria This study is on issues and Challenges facing intellectual Property right in Nigeria. Although intellectual Property right laws exist in Nigeria, it is observable that the enforcement of this aspect of law is not taken seriously compared to that of real property. This problem has caused a decrease in the economic value of the productive sector, especially the creative industry, in Nigeria, and a corresponding decrease in our Gross Domestic Product (GDP). In view of this problem, the study aims at investigating the issues and challenges affecting intellectual property right in Nigeria, with a view to enlightening the public on the availability and role of intellectual property laws in our Jurisdiction and to proffer solutions on how to achieve more effective enforcement. The study employs a qualitative research approach, while information was sourced primarily through oral source mainly interviews with learned Jurists and practitioners in the creative industry. Secondary sources of information used comprise written sources which include decided cases, Books, Journals, Newspapers and dissertations/project. The study revealed that if intellectual properties are properly protected and the applicable laws enforced, Nigeria will witness a phenomenal rise in the economic value of most productive sector in Nigeria and a corresponding increase in Gross Domestic Product. The study will recommend among others, to improve on legal education in Nigeria by generating best practices and approaches that can be employed to redesign legal education to make it responsive to contemporary realities and needs of the society. Keywords: Intellectual Property, rights, issues, challenges, legal Education ...

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American Journal of Law and Legal Studies