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During recent decades, patent holders and implementers working within Standard Developing Organizations have successfully cooperated to develop new wireless standards that have benefited consumers all around the world. The standardization process has been successful because it has made all participants better off. The increased strategic use of jurisdiction-by-jurisdiction challenges by certain implementers to delay or avoid payment is threatening this successful process. In response, courts in various jurisdictions are moving to set global license terms. However, because some local courts are, or at least are perceived as, biased, licensors and licensees are maneuvering to influence which court ends up setting global FRAND terms (for example, by seeking anti-suit and anti-anti-suit injunctions). In this chapter, we explore the implications for the future of the standardization process of these developments. Specifically, we consider the implications of extraterritoriality when licensors and licensees belong to different jurisdictions and local courts may be biased in favor of local litigants. Our main concern is that current developments may lead to the fragmentation of global standards along geopolitical lines.
This chapter analyses a different type of the popular justice with reference to Cape Verde Islands after their independence from Portuguese colonialism (1975). It is a form of institutionalised justice, officially recognised as such, incorporated in one way or another into the general justice administration system (which is sometimes broadly described as popular justice in light of its local normative, institutional, cultural, and discursive nature, accessibility and deprofessionalised personnel. The Cape Verde local or people’s courts were founded as an extension of indigenous forms of justice administration created as alternatives to colonial law and justice in the liberated zones in Guinea‑Bissau. They were initially adopted informally, then made official in 1979. Through the local courts, the state aimed to encourage popular participation and create spaces in which community culture could flourish, while the values and actions which they stimulated were defined in terms of political criteria directed towards achieving a higher purpose, namely building socialism. I begin with a close-up of a local court at work on the island of São Vicente, before analysing in detail the interfaces and contradictions between the political and judicial legitimacy of the people’s courts, ending with the conclusions of the research and a postscript written forty years later.
This chapter looks at the belief, expressed in Wulfstan’s work Geþyncđu, that the public obligations inherent in the right order of society were closely connected with landholding. His concern that holding five hides should underpin the standing of those active in public life was part of a moral order in which for young nobles and peasant boys alike, acquiring land was the gateway to marriage and the establishment of a family . These should mark the beginning of a man’s life as a responsible and armed member of society. At the root of this concern is the lesson of the past expressed, and still read in Wulstan’s time, of Gildas’ narrative of the ‘Downfall of Britain’: England was vulnerable to invasion.
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