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Law and Politics
Reference:
Shugurov, M.V.
Internationally recognized right of authors to the
protection of their moral and material interests in the
international human rights law: conceptual analysis.
// Law and Politics.
2012. № 12.
P. 2008-2029.
URL: https://en.nbpublish.com/library_read_article.php?id=51880
Shugurov, M.V. Internationally recognized right of authors to the
protection of their moral and material interests in the
international human rights law: conceptual analysis.
Abstract:
The author provides systemic analysis of normative amount
and contents of the internationally recognized human
right, which is provided for by p. 1(c) of Art. 15 of the
International Covenant on Economic, Social and Cultural
Rights/ much attention is paid to the issues of systemic
correlation of the rights of authors for the protection of
their moral and material interests with other human rights
and freedoms. Based on the analysis of the Commentary
n.17 of the UN Committee on Economic, Social and
Cultural Rights the author provides comparative analysis
of rights of creators as internationally recognized rights
and copyright. Much attention is paid to the approach to
the copyright from the standpoint of human rights. The
author also pays attention to the issue of balance of such categories of rights, as well as the balance of the state
obligations in the sphere of human rights and in the sphere
of copyright protection. Based on the systemic approach,
the author analyzes international legal obligations of the
state, as enshrined in p. 1 (c) of Art. 15 of the ICESCR,
then he raises the issue of the formation of the controlling
mechanism in the sphere of its implementation.
Keywords:
jurisprudence, author, interests, rights, property, development, globalization, progress, obligations, limitations.
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