Considering Multiple and Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty," Global" Intellectual Property, and the Internet. Aoki, K. Indiana Journal of Global Legal Studies, 1998. 00076
Considering Multiple and Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty," Global" Intellectual Property, and the Internet [link]Paper  doi  abstract   bibtex   
Consequently, there is a marked trend toward favoring ideas like "upward harmonization" and other universalizing moves and a concomitant discounting or erasure of the " local", with disturbing effects on the political economy of information that flows through global networks such as the Internet. ... Global accords and treaties seeking to harmonize intellectual property laws (via "upward harmonization" as the standards of protection rachet up) further underwrite the sovereignty of domestic U.S. intellectual property owners. ... Recently, there has been a spate of calls for adoption of internationalized versions of U.S. intellectual property standards of protection on a glo bal scale, but with paradoxical effects. ... B. Embedded Norms of Global Intellectual Property Protection ... Moves by the developed nations such as the United States toward generally liberalized global trade (including greater reciprocity of intellectual property protection) might also be cast in terms of national capitulation to the inexorable and unavoidable march of globalization. ... If globalization is not a transhistorical unitary process but is instead a heterogeneous, lumpy, incomplete, and uneven set of tendencies with large regions of the world bypassed, then a "one - size - fits - all" approach towards international intellectual property protection may reproduce, on a global scale, problematic and sharp inequalities that currently exist with regard to access and information
@article{aoki_considering_1998,
	title = {Considering {Multiple} and {Overlapping} {Sovereignties}: {Liberalism}, {Libertarianism}, {National} {Sovereignty}," {Global}" {Intellectual} {Property}, and the {Internet}},
	issn = {10800727},
	shorttitle = {Considering {Multiple} and {Overlapping} {Sovereignties}},
	url = {http://www.jstor.org/stable/25691115},
	doi = {10.2307/25691115},
	abstract = {Consequently, there is a marked trend toward favoring ideas like "upward harmonization" and other
universalizing moves and a concomitant discounting or erasure of the "
local", with disturbing effects on the
political economy of information that flows through global networks such as the Internet. ... Global accords
and treaties seeking to harmonize
intellectual property
laws (via "upward harmonization" as the standards
of
protection rachet up) further underwrite the sovereignty of domestic U.S.
intellectual property
owners.
... Recently, there has been a spate of calls for adoption of internationalized versions of U.S.
intellectual
property
standards of protection on a glo
bal scale, but with paradoxical effects. ... B. Embedded Norms of
Global
Intellectual Property
Protection ... Moves by the developed nations such as the United States
toward generally liberalized global trade (including greater reciprocity of
intellectual
property
protection)
might also be cast in terms of national capitulation to the inexorable and unavoidable march of
globalization. ... If globalization is not a transhistorical unitary process but is instead a heterogeneous,
lumpy, incomplete, and uneven
set of tendencies with large regions of the world bypassed, then a "one
-
size
-
fits
-
all" approach towards international
intellectual property
protection may reproduce, on a global
scale, problematic and sharp inequalities that currently exist with regard to
access and information},
	number = {2},
	journal = {Indiana Journal of Global Legal Studies},
	author = {Aoki, Keith},
	year = {1998},
	note = {00076},
	keywords = {Comps},
	pages = {443--473}
}

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