The Coordinating Role of Public International Law: Observations in the Field of Intellectual Property

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 9권 / 2호
ㆍ저자명 : Sung Pil Park

목차

I. Introduction
II. Challenges of Globalization forPublic International Law
A. Evolution of Transnational Law
B. Multijurisdictional IP Disputes
C. Exhaustion of States’ Rule-making Authority?
III. New Roles of Public International Lawin the Field of IP
A. The Public-Private Dichotomy of Law
B. Sovereignty Focused Hierarchy of Law
C. Emerging Roles of Public International Law
IV. Conclusion: Growing Importance ofPublic International Law

영어 초록

The recent surge of multijurisdictional IP disputes and increase in non-binding soft laws have made scholars cast doubt on the sustainability of public international law and the validity of the current IP legal system. Private lawyers may now think that they do not have to pay keen attention to public international law any longer when providing legal advice to their clients, particularly MNCs. This study makes a concise description of today’s legal environment in the field of IP, focusing on the emerging legal norms of transnational law, particularly in the context of its interplay with public international law. With respect to this, the ongoing and even heightened roles of public international law will be discussed. Finally, a typology is suggested using exponents to express intensity of State sovereignty to facilitate understanding on the relationship between public international law and other categories of law.

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