Abstract: Indigenous communities have worked for centuries to develop systems of knowledge pertaining to their local environments. Much of the knowledge that has been directly acquired or passed down over generations is of marketable use to corporations, especially in the pharmaceutical industry. Upon gaining the necessary information to convert traditional knowledge into a marketable entity, the corporation will place a patent on the product of their research and development and reap the monetary benefits under the protection of intellectual property legislation. Without appropriate benefit sharing, indigenous communities are robbed of their cumulative innovation and development and denied access to the very medicines that they assisted in development. This study will examine the efforts made by indigenous communities to develop benefit-sharing agreements under national ‘sui generis’ legislation and the international legislation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD).

I defend Hobbes’ foundation for peace and property. His foundation for peace and property is his major argument for why society’s moral order (i.e. collection of rules of interaction) should be based on the principles of non-interference and exclusive use of material objects. His foundation is that in the absence of both a recognised moral order and government, it would be rational, or felicity maximising, for individuals to agree to a moral order constituted by peace and property. The cogency of his foundation depends on the accuracy of the second of the two steps of his state of nature thought experiment. In the first step, he formulates the state of nature by defining it as a social state of affairs with no government, by arguing that, as a consequence of there being no government, there would be no recognised moral order, and by assuming there would be relievable scarcity. In the second step, he theorises that interactions this anarchic state of affairs would be periodically violent. Also, the second step is informed by his theory of human nature, that is, his theory of the major characteristics common to all humans. Given that his foundation’s cogency is subject to the accuracy of the second step of his state of nature thought experiment and that the second step of his thought experiment is informed by his theory of human nature, my defence of his foundation involves arguments in favour of his theory of human nature, his state of nature, and his foundation. I first contend that the six characteristics that compose his theory of human nature are true. I next argue that the second step of his state of nature thought experiment – his theory that state of nature interactions would be periodically violent – is accurate. Lastly, I argue that his foundation is true, that it would be felicity maximising for individuals to agree to a moral order based on peace and property in the absence of government and a recognised moral order. To make my argument, I construct a hypothetical bargain between individuals in the state of nature where they choose between Hobbes moral order based on peace and property and the sort of moral order most contemporary political philosophers would propose as alternative (e.g. one based on general non-interference and a redistribution requirement) as their improvement over the state of nature. I argue that individuals would choose the former over the latter as their improvement because the former is purely mutually beneficial while the latter is only partly mutually beneficial.

This thesis analyses the struggle over rights to benefits and ownership of plant genetic resources and the global regime complex on the management of plant genetic resources, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the acrimonious negotiations of access and benefit sharing arrangements within the framework CBD. The objective of this thesis is to examine the interaction between the international regimes regulating genetic resources and intellectual property and to analyse how these regime interactions, affect the protection of traditional knowledge held by local communities, indigenous peoples and small farmers in developing countries. The thesis concludes that it exists several regime interactions that are disruptive and undermine the possibility of protecting traditional knowledge from misappropriation. It is further concluded that modifications of the existing IPR regimes, on the disclosure of inventions, with a certificate of legal provenance, securing FPIC, MAT and benefit sharing, may serve as one brick in the wall that protect traditional knowledge from misappropriation through wrongly granted patents. But a certificate of legal provenance will not do the work alone. To protect traditional knowledge associated with genetic resources in the long term bio-cultural solutions which sustains the entire community where traditional knowledge is embedded is needed.

I defend Hobbes’ foundation for peace and property. His foundation for peace and property is his major argument for why society’s moral order (i.e. collection of rules of interaction) should be based on the principles of non-interference and exclusive use of material objects. His foundation is that in the absence of both a recognised moral order and government, it would be rational, or felicity maximising, for individuals to agree to a moral order constituted by peace and property. The cogency of his foundation depends on the accuracy of the second of the two steps of his state of nature thought experiment. In the first step, he formulates the state of nature by defining it as a social state of affairs with no government, by arguing that, as a consequence of there being no government, there would be no recognised moral order, and by assuming there would be relievable scarcity. In the second step, he theorises that interactions this anarchic state of affairs would be periodically violent. Also, the second step is informed by his theory of human nature, that is, his theory of the major characteristics common to all humans. Given that his foundation’s cogency is subject to the accuracy of the second step of his state of nature thought experiment and that the second step of his thought experiment is informed by his theory of human nature, my defence of his foundation involves arguments in favour of his theory of human nature, his state of nature, and his foundation. I first contend that the six characteristics that compose his theory of human nature are true. I next argue that the second step of his state of nature thought experiment – his theory that state of nature interactions would be periodically violent – is accurate. Lastly, I argue that his foundation is true, that it would be felicity maximising for individuals to agree to a moral order based on peace and property in the absence of government and a recognised moral order. To make my argument, I construct a hypothetical bargain between individuals in the state of nature where they choose between Hobbes moral order based on peace and property and the sort of moral order most contemporary political philosophers would propose as alternative (e.g. one based on general non-interference and a redistribution requirement) as their improvement over the state of nature. I argue that individuals would choose the former over the latter as their improvement because the former is purely mutually beneficial while the latter is only partly mutually beneficial.

Since its introduction into mainstream society two decades ago, ecotourism has become an international phenomenon. Claimed by its proponents to endorse ecologically, socially, and economically sustainable travel to natural areas, ecotourism is in many ways the conceptual fusion of conservation and development. Yet, despite the optimism often associated with the phenomenon, the question of the degree to which it actually contributes to development, however defined, has become a controversial issue. Theorists and practitioners hold a variety of opinions of ecotourism, ranging from cautious optimism (Honey 2008; Ross & Wall 1999) to outright rejection (Carrier & Macleod 2005; Wheeller 2003). Unfortunately, research shows that the poorest of the poor generally bear the burden of ecotourism initiatives without receiving an equitable share of the associated benefits (Stem et al. 2003; Western & Wright 1994). In response, a sustainable livelihoods approach is proposed as a practical means of understanding the complex livelihood strategies employed by indigenous populations. While tourism research has often focused on the economic impacts of ecotourism initiatives, current livelihoods discourse suggests that the poor draw on a wide range of assets and incorporate a variety of livelihood strategies, in their pursuit of economic gain (Ashley 2002; Ashley et al. 2001; Bebbington 1999; Bennett et al. 1999; Zoomers 1999). This discourse is especially timely for pastoral populations living adjacent to protected areas in Kenya. Recent changes in government policy have promoted the subdivision of land for private ownership (Homewood et al. 2009; Leserogol 2005; Lamprey & Reid 2004), an unexpected transformation that has led to the adoption of ecotourism as a sustainable livelihood strategy. Informed by development theory, tourism theory, and property rights theory, the purpose of this research was to examine the effect of different land tenure regimes on the distribution of benefits accrued from various ecotourism initiatives, and how those benefits impact the livelihoods of the pastoral Maasai living on the periphery of the Maasai Mara National Reserve. Culturally-appropriate, participatory research methods were combined with the Sustainable Livelihoods Framework to document an indigenous perspective on livelihood sustainability. By adapting the conceptual framework to include cultural and historical capital, it served as a lens for viewing and identifying the culturally embedded meaning associated with the recent privatisation of Maasai property. These changes include: significant increases in income generated from ecotourism initiatives, an increased desire to cultivate land, an enhanced capacity for participating in the decision-making process, and greater diversification in local livelihood strategies. However, the empirical evidence also demonstrated that changing property regimes have led to the increased sedentarisation of these semi-nomadic people, resulting in modifications to their pastoral culture, reductions in their herd sizes, and the occasional obstruction of wildlife migratory patterns through the construction of permanent fences.

This thesis proposes a conceptual framework to analyze the choice of organizational form and assess the shifts in organizational behaviour and form. This thesis argues that the choice of organizational form is an outcome of an individuals or groups mode of identification within the dominant organizational form and property rights structure of society. The framework places/situates the investor-owned firm (IOF) in a position of identification with the dominant ideology and property rights structure of society. The state-owned enterprise (SOE) occupies a position of counter-identification with the dominant ideology and property rights structure of society. The co-operative, on the other hand, represents a dis-identification with both the IOF and the SOE as this form works on and against the ideologies and property rights structures associated with the two former organizational forms.<p>Further, the thesis argues that endogenous and exogenous pressures may cause some organizations to shift their organizational behaviour and form. The researcher examines how internal problems in co-operative organizations (i.e., horizon and principal-agent problems) can exacerbate exogenous pressures (i.e., increasing competition and/or government deregulation) from the market and/or state causing the co-op to imitate the strategies or property rights structure of the IOF in order to cope with these issues. <p>Profiles of the formation of the Saskatchewan Co-operative Wholesale Society and the Consumers Co-operative Refineries Limited and the conversion of the Saskatchewan Wheat Pool are used to illustrate the conceptual framework and support the arguments made in this thesis.

<p>This dissertation presents two essays on endogenous growth and renewable resources.</p><p>The first essay explores the role of renewable resources in a tractable</p><p>model of endogenous growth driven by horizontal and vertical innovation in the closed economy.</p><p>The model is tractable in that it yields a complete, analytical characterization</p><p>of the path of utility and the associated welfare level. This property</p><p>is exploited to compare two cases of renewable resource management:</p><p>open access and full property rights. The first case involves a common</p><p>property problem in which agents ignore the long-term resource viability;</p><p>the second fully internalizes the dynamics of the resource stock.</p><p>Analysis shows that if the natural regeneration rate of the renewable</p><p>resource is too low, the tragedy of the commons occurs. If, instead,</p><p>the natural regeneration rate is sufficiently high, the steady-state</p><p>growth rate of the economy is identical across the two management</p><p>regimes. The reason is because there is no scale effect; that is,</p><p>the steady-state growth rate of the economy does not depend on the</p><p>labor or the resource endowment. However, the development path on</p><p>which the economy transits from the developing stage (no R\&D activity)</p><p>to the developed stage (positive R\&D activity) depends on the resource</p><p>management regime. In particular, a developing economy under full</p><p>property rights will cross its development threshold prior to one</p><p>under open access. This threshold depends on the size of the manufacturing</p><p>firms. When it becomes sufficiently large as a result of the decline</p><p>in the number of firms over time, there will be an incentive for the</p><p>remaining firms to conduct R\&D. Given the same number of manufacturing</p><p>firms, the firm size is larger under full property rights than under</p><p>open access due to higher nominal expenditure per capita. Therefore,</p><p>the development threshold will be reached sooner under full property</p><p>rights. In other words, the economy will start engaging in R\&D activities</p><p>sooner and more quickly accumulate knowledge, which is the source</p><p>of long-run growth. Moreover, switching from full property rights</p><p>to open access is welfare reducing due to two effects. The first is</p><p>through the price of the harvest good. Although the economy initially</p><p>enjoys a lower price of harvest good, the price gradually increases</p><p>as the resource becomes scarcer. Secondly, the competitive household</p><p>instantaneously loses the resource income and thus spends less on</p><p>manufacturing goods. This decreases the incentive for manufacturing</p><p>firms to conduct R\&D and results in a temporary deceleration of the</p><p>growth rate of TFP relative to the baseline case of full property</p><p>rights. The economy therefore experiences a cumulative loss of TFP</p><p>relative to the baseline, which is the novel feature of our model</p><p>of endogenous innovation. This mechanism has interesting and wide-ranging</p><p>implications for the role of resources in development and growth</p><p>The second essay extends the model of endogenous growth and renewable </p><p>resources into the open economy framework. The paper examines the effect of trade liberalization on resource-rich</p><p>countries, based on a two-country model in which the difference in</p><p>endowment of a renewable resource leads to asymmetric trade. In this</p><p>model, the resource-rich economy trades its harvest good and final</p><p>good for the final good from the resource-poor economy. Furthermore,</p><p>the renewable resource is considered to be under open access, where</p><p>there is no clear ownership over the resource, leading to overexploitation.</p><p>Long-term productivity, in this case, stems from endogenously-determined</p><p>knowledge accumulation. Under these circumstances, analysis shows</p><p>that the resource-rich country will lose from trade due to two effects.</p><p>The first effect is the instantaneous loss of income. Higher demand</p><p>for the harvest good, from the combined domestic and international</p><p>demand, diverts labor away from the production of technological goods</p><p>to the harvest sector, where rent is zero. The second effect is a</p><p>scarcity effect, which becomes more severe when trade results in a</p><p>greater demand for the harvest good. Overexploitation of the renewable</p><p>resource today leads to falling resource stock in the future, which</p><p>is then reflected in the higher price of harvest good, other things</p><p>being constant. Since the harvest good is an essential input to produce</p><p>the final good, given the same amount of the other inputs, the amount</p><p>of final good produced will also fall in the long run.</p> / Dissertation

This article with the international intellectual property rights regime sets up system for the case example, inquire into nowadays the mainstream theory(Neoliberal institutionalism, Neo- realism) to descend the basic standpoint of the international cooperation to the globalization. Secondly, the concept that the global goverance is gradually producing under the current of the globalization, however the author find that manages the theory concept to mainly build and construct by the foundation of the economic globalization in the global goverance now, it is the train of thought of theory of the Neoliberal institutionalism that the economic globalization is analogous to the degree in accordance with following; And the international regime theory is nowadays the Neoliberal institutionalism , to the main theoretical foundation cooperating in promoting even more. Therefore, this article from the research international regime theory will be a beginning, through examined the operation that the international intellectual property rights regime to explain the possibility of global goverance. Or is the present stage the global goverance theory only is the hegemony country union mainstream theory ideology implements another kind of form ruling.

Unauthorized-use is the most difficult problem to government-owned land authorities. Although the land used for military purposes belongs to government-owned land, its reasons for unauthorized-use are still different from those other government-owned land authorities face. Most researches about government-owned land occupations and exclusion focus on the part of the management sector. This study, however, takes both the manager¡¦s and the unauthorized-user viewpoint to discuss the land unauthorized-use problem the Chinese Military Academy faces. After analyzing literatures, interviewing related people, and several case studies, I am able to suggest some practicable solutions based on the present law. This study finds the land belonging to the Chinese Military Academy was taken illegally mostly during the 1950s and the 1970s, before Government-Owned Land Laws were passed. Ninety percent of the unauthorized-user are veterans, and the rest are ordinary people living close to the battalion, who took the land mostly for housing, with a very small percentage for profit. The main reasons are the unauthorized-user complaints of unequal treatment, their financial conditions, and their dependence on the unauthorized-use land. Of course the military authorities¡¦ negligence has made the situation worse. This study also finds that most unauthorized-user ask for alternative housing and compensations, while the military wants to resort to law. Since the R.O.C. Constitution safeguards people¡¦s property right, I try to take the unauthorized-use peoples¡¦ appeal into consideration. This research suggests that the National Defense Act Stipulations 22 and 23 be revised, making it possible for the military authority to entrust the management of its property to related organization. Besides, a special fund can be established to compensate for the loss of the people who were forced to exchange lands during the Japanese occupation of Taiwan. Moreover, the VAC (Veterans Affairs Commission, Executive Yuan, R.O.C.) can use the Fund for Veterans¡¦ Housing (°ê­x°h°£§Ð©x§L¦w¸m°òª÷) to subsidize veterans with housing problems. In this way, we can elastically solve the unauthorized-use problem, help unauthorized-user to live within the law, resolve the conflicts between the military and civilians, and promote the efficient management of land used for national defense purposes.

This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technology / the difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.