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Authors (Full Papers): H - J

 

Click the link indicating the scholarly author's last name to view the abstract of their paper for presentation.

 

A - B   |   C - E   |   F - G   |   H - J   |   K - L   |   M - O   |   P - S   |   T - Z

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Handayani, I Gusti Ayu Ketut Rachmi (Indonesia): Embodying Green Constitution By Applying Good Governance Principle

 

Harijanti, Susi Dwi (Indonesia): The Evolution of the Indonesian Ombudsman System

 

Harpe, Stephen de la (South Africa): Combating Corruption in Public Procurement

 

Hashimoto, Toshio; Tanaka, Yoshitoshi and Adrian, Angel (Japan and Australia): Managing Joint R&D: An Investigation into Joint Patent Applications in Japan, US and Europe

 

Haq, Hayyan ul (Netherlands): Creating Appropriate Legal Framework In The Utilization Of Intellectual Property Products

 

Hiller, Janine S. and Russell, Roberta (USA): Parsing Cybersecurity: Examining the Role of Regulation and the Private Sector

 

Hoff, Waldemar (Poland): Benchmarking of Legal Systems for Global Competition

 

Ioannou, Maria – Evanthia (France): French Regulatory Agencies and Protection of Public Freedoms

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Embodying Green Constitution By Applying Good Governance Principle by I Gusti Ayu Ketut Rachmi Handayani, University of Sebelas Maret, Surakarta, Indonesia.

 

I Gusti Ayu Ketut Rachmi Handayani. Dr. in Law, the University of Gadjah Mada, Yogyakarta Indonesia, 2004; Magister Management (MM), the University of Gadjah Mada, Yogyakarta Indonesia, 1997; Sarjana Hukum (SH), the University of Sebelas Maret, Surakarta Indonesia, 1995. She is a senior Lecturer at the Faculty of Law Sebelas Maret Unversity, Surakarta. She was Secretary of Environmental Science Postgraduate Program Sebelas Maret University Surakarta, Head of the Administrative Law Faculty of Law Sebelas Maret University Surakarta (2008-2011), the Editor of the Yustisia Journal (accredited DIKTI Ministry of Education RI) and Head of the Editorial Board of the BestuuR Journal. She is currently the Vice Dean of the Faculty of Law Sebelas Maret University Surakarta (2011-2015).

 

Abstract

This research project is aimed at elaborating and exploring an effective solution for recovering and improving the quality of environment. The solution will be focused on embodying the green constitution which emphasizes the importance of the protection and management of environmental function. This approach is required to simplify and to coherence the chaotic regulation in exploiting strategic natural resources which has impacted on the massive destruction of environment. It covers not only the first entinction, but also the secondary entinction of environment. In Indonesia, those chaotic regulations have been sparked by the national policy of regional autonomy that allow the regional government exploit their strategic natural resources, such as forest, fishing, coral reef, and other natural resources. The above condition has simulated many regions in producing and enacting regional regulations to exploit their natural resources. The lack coordination in issuing regional policy and regulation has caused many diametrical regulations that have exacerbated the quality of environmental protection and management. In anticipating the deterioration of the quality of environment, this paper offers administrative approach in embodying the green constitution. This approach refers to the application of the good governance principles in controlling, protecting and managing the function of environment.***

 

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The Evolution of the Indonesian Ombudsman System by Susi Dwi Harijanti, Faculty of Law, Padjadjaran University, Bandung – Indonesia.

 

Susi Dwi Harijanti ( PhD in Law, the University of Melbourne, Australia, 2011;Master of Laws (LLM), the University of Melbourne, Australia, 1998; Sarjana Hukum (S.H.), Faculty of Law, Padjadjaran University, Bandung, Indonesia, 1990) is a Senior Lecturer at the Faculty of Law, Padjadjaran University, Bandung, Indonesia. She was a member of the Board of Editor of Law Journal, Faculty of Law, Padjadjaran University, 1998 – 2000 and head of Constitutional law Department, Faculty of Law, Padjadjaran University, 2007 – 2010. She is currently the Director of the Indonesian Community for Human Rights (PAHAM), Faculty of Law, Padjadjaran University, 2007 – present.

 

 

Abstract

The enactment of Law No. 37 of 2008 concerning Ombudsman of Republic of Indonesia (Law on ORI) marks the emerging development of the Indonesian Ombudsman System. The new Law was adopted in a context of increasing public demand for better public service and political concerns in regard to existing independent state institutions. Previously governed by the Presidential Decree No. 44 of 2000, the National Ombudsman Commission (NOC) – a typical of executive Ombudsman – was regarded as a mere 'complaints desk' and a 'paper tiger' as it had a number of serious problems, including legal and non-legal. This article investigates both the legislative and institutional changes that postdate late 2008 within the Ombudsman system. It is argued that the task developing Indonesia's Ombudsman system remains a 'work in progress'. An explanation of this argument is provided through the experience of the National Ombudsman and the enactment of new legislation relevant to the function of the Indonesian Ombudsman, including Law No. 14 of 2008 regarding Freedom of Information and Law No. 25 of 2009 concerning Public Service.

 

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Combating Corruption in Public Procurement by Stephen de la Harpe, North-west University, South Africa.

 

 

Stephen de la Harpe ( BA LLB (UP); BComm (UNISA); LLM (UP); LLD (UNISA); Advocate of the High Court of South Africa) is an Associate Professor at North-West University.After completing his LLB studies at the University of Pretoria, Stephen de la Harpe joined the Sate Attorney's office– first as candidate attorney and later as an attorney. He went into private practice in 1986 when he joined the Pretoria bar and still practise part time as an advocate. He was appointed in his current position, at the NWU (Potchefstroom Campus), in 2000 where he teaches Law of Contract, Private International Law and International Commercial Arbitration. He is also interested in Environmental Law, Alternative Dispute Resolution and does research in Public Procurement.

 

 

 

Abstract

Corruption increases the cost of public procurement by between 10% and 25%. Methods to combat corruption include firstly, to ensure that the public procurement regime complies with principles like transparency, competition, integrity and accountability, secondly, to criminalise corruption and thirdly, active participation by the public in curbing corruption. In South Africa corruption is rife. One of the causes is that perpetrators are not held accountable. To ensure accountability, political and other undue influence in both the procurement process and the process of holding people accountable is a prerequisite. This was acknowledged in the National Development Plan 2030. In the matter of Glenister v President of the Republic of South Africa and others, the Constitutional Court of South Africa held that the Bill of Rights creates a duty to establish an anti-corruption unit with appropriate independence. The decision in the Glenister case will enhance the achievement of accountability in South Africa.

 

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Managing Joint R&D: An Investigation into Joint Patent Applications in Japan, US and Europe by Toshio Hashimoto & Yoshitoshi Tanaka, Tokyo Institute of Technology, Japan and Angel Adrian, Southern Cross University, Australia.

 

Toshio Hashimoto, 2nd grade at Graduate School of Innovation Management, Tokyo Institute of Technology. He works for the Intellectual Property Department of NISSAN MOTOR CO., LTD. He is registered Patent attorney in Japan since 2009 and the member of the License committee in Japan Intellectual Property Association.

 

 

 

 

Yoshitoshi Tanaka is a Professor at the Graduate School of Innovation Management, Tokyo Institute of Technology. He graduated at the Tokyo Institute of Technology and joined Japan Patent Office as a patent examiner in 1980. He worked for the Japanese Government and Science and Technology Agency until 1991. He was a research fellow at UCLA in the US. He is a registered Patent attorney since 1994. He is a member of Japan Intellectual Property Academic Association, Japan MOT Society, etc.

 

 

 

Dr Adrian is a dual qualified lawyer in Louisiana and the UK. Her specialisms include Intellectual Property, Information Technology, International Trade, and Criminal Law. She has two Masters degrees with distinction in Business & Management (Schiller International University) as well as in Commercial Law (University of Aberdeen). She obtained her Juris Doctorate at Loyola University, New Orleans. Dr Adrian published her PhD from Queen Mary, University of London as a monograph entitled "Law and Order in Virtual Worlds: Exploring Avatars, their Ownership and Rights". Currently, she is a Senior Lecturer at Southern Cross University, co-author of the 4th edition of "Intellectual Property: Text and Essential Cases", and Editor of the International Journal of Intellectual Property Management.

 

Abstract

This research focuses on joint patent applications which have been produced from joint Research & Development (R&D) collaborations. There has been limited past research in this area. This research compares and analyses joint patent applications from Japan, US and Europe, clarifying the differences and features for successful joint R&D through statistical analysis between these regions. The most important factors are the field of technology, the situation of cooperation, the difference of patent law and its practice in each region, the conditions of the joint R&D agreement, and the strategy for joint R&D. A conclusion will be drawn: The more advantageous the regulation of co-owned patents is, the greater the number of joint patent applications is filed in that country's patent office.

 

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Creating Appropriate Legal Framework In The Utilization Of Intellectual Property Products by Hayyan ul Haq, Centre for Intellectual Property Law, Molengraaff Institute for Private Law, Utrecht University, Netherlands.

 

 

 

 

 

Hayyan ul Haq is a lecturer and researcher in intellectual property, Mataram Law School, Lombok, Indonesia, and Utrecht University, the Netheralnds. He has been involved in various academic activities in private law, particularly in intellectual property, investment, corporate and contract law. He completed a first law degree (Sarjana Hukum) in private law from Law School, Mataram University, Indonesia, and Master of Law (LL.M.) in intellectual property from the University of Technology Sydney and Ph.D in intellectual property in Utrecht University, the Netherlands. His academic works have been published in a number of national publication (Kompas, Koran Tempo, Republika, Media Indonesia, Tempointeraktif, Jurnal Sosial Budaya, Elcendekia, Advocaat, Jatiswara, Jurnal Hukum Internasional, University of Indonesia, Jakarta and so forth) and international journal publications, such as Molengrafica Series, Utrecht, the Netherlands; Legal Security and Privacy Issues in IT (LSPI), Centrum fuur Reetsinformatiik, University of Oslo, Norwegia; International Journal of Technology Transfer and Commercialisation (IJTTC), Inderscience, International Journal of Intellectual Property Management (IJIPM); International Review of Intellectual Property and Copyright (IIC).

Abstract

Evaluating the consequences of the existing creator and inventor doctrine on access to public goods, this paper investigates the ways of finding the most adequate legal protection that may bridge public interest and private interest in this respect. For that reason, this work will not only re-examine the status of exclusive intellectual property rights, but also its implication in Indonesia. In addition, it proposes the embodiment of humanistic rationalisation and the U-Principle in order to protect public interest. This protection is meant to create an ideal legal framework for expanding broader public access to any essential product in the field of food, agriculture, health and education in order to maintain the sustainability of collective life.

 

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Parsing Cybersecurity: Examining the Role of Regulation and the Private Sector by Janine S. Hiller and Roberta Russell, Pamplin College of Business, Virgina Tech, USA.

Janine S. Hiller is a Professor of Business Law at thePamplin College of Business, Virginia Tech, Blacksburg, Virginia, USA. She has a Juris Doctorate from the University of Richmond. She teaches graduate andundergraduate courses, including the Legal Environment of Business, Internet Law and Policy, Law and Ethics for High Technology Companies, and Commercial Law. Her research and publications include book, book chapters, and journalarticles at the intersection of technology and law. Privacy, security, and law in the digital world are primary areas of emphasis, and she participates in various America Bar Association committees relating to cyberlaw. Recent research articles address, for example, electronic health records and privacy, and protecting children's privacy online through law and technology.

 

 

Abstract

Recent reports of cyber-attacks during only two weeks of August 2012 include a virus affecting the largest oil company in the world, Aramco, a theft of social security numbers from the Environmental Protection Agency, a fraudulent modification of prominent US sports teams' Facebook pages, and an attack on AT&T capable of disrupting customer services. The extent of the attacks and the potential harm incurred is staggering. During the same two-week time period noted, hacktivists were the number one perpetrators (50%), with cyber criminals following closely behind (43%). The other smaller categories include actions by those involved in cyber espionage and cyber warfare. While these statistics give some sense of the on-going and changing dynamics of online attacks, the "fuzzy concept" of cybersecurity obscures what it means to secure systems from attacks. The role of regulation in promoting cybersecurity in the private sector is similarly difficult to quantify and evaluate, as the recent defeat of such legislation in the United States exemplifies. This paper offers insight into the complex relationships involved in cybersecurity in the private sector, and considers whether, within this environment, regulation can improve security while protecting privacy.

 

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Benchmarking of Legal Systems for Global Competition by Waldemar Hoff, Kozminski University, Poland.

 

 

 

 

 

 

Professor Waldemar Hoff received his master's degree in law in 1977 and Ph.D. in 1982, both from the University of Warsaw. His postdoctoral degree was awarded by the the Polish Academy of Sciences in 2008. 1984 Research Fellow in Indiana University, Political Science Workshop of Vincent and Elinor Ostrom, Bloomington, Indiana. 2002-2004 directed the Jean Monnet Project at Kozminski University aimed at promoting European Union-related subjects. Currently professor at Kozminski University, Warsaw, Poland.During his academic career he taught administrative law, competition law, regulatory governance, regulatory justice, sectoral analysis, international business law, public business law, European Institutions and European Business law. Prof. Hoff also taught Regulatory Governance and Regulatory Justice at University of Applied Science – Kufstein, Austria and Comillas Papal University, Spain under the Erasmus Exchange Program;Co-authored expert projects on energy and transport infrastructure for the Senate of the Republic of Poland, the Ministry of the Economy and private enterprises;Member of the Polish Chapter of the International Association for Philosophy of Law and Social Philosophy (IVR) and of the Polish European Community Studies Association (PECSA);Current interests include benchmarking of national business laws in the global survival game and cosmopolitan governance.

Abstract

This article seeks to establish general criteria for benchmarking of national legal systems in the context of their ability to attract investment. It takes into account the "systemic competitiveness' of business law, which needs to be distinguished from competitiveness of specific provisions of substantive law such as the level of taxation with a particular tax.

 

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French Regulatory Agencies and Protection of Public Freedoms by IOANNOU Maria – Evanthia, National and Kapodistrian University of Athens, Law School, Greece and Public Law at University of Strasbourg, France.

 

In 2010 I obtained my LLB degree from the Law school of Athens and I made post-graduate studies at the University of Strasbourg specializing in public law (2011). In addition, I am finishing my LLM degree this year at the Law school of Athens specializing in the Sociology of Law. I have published a number of papers concerning mainly public law subjects in conferences and in journals. The last three years I have worked over a variety of law matters as a lawyer and especially I have treated cases of public and commercial law. I have cooperated with law firms but the last year I am an independent attorney at law in Greece.

 

 

 

Abstract

The independent regulatory agencies were mainly created for the protection of public freedoms. By the years, they play a key role in this protection and they are treated as quasi jurisdictions. All these prove that they have to respect the principle of impartiality (ar. 6 of the European Convention of Human Rights). They also have to be subject to a jurisdictional control in order to assure their impartiality. In every case, it is mainly their competence to impose sanctions that gives to them all that power and the similarity to the courts, but their legal place does not permit them yet to be totally impartial because there are always political interventions. Although, after this research it is more evident their necessity in the society for the protection of public freedoms and the way they contribute to this protection.

 

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