industrial property. Intellectual property. Patented goods, industrial designs, trademarks, and copyrights that a business owns and may exclude others from using. • Employed in the Paris Convention, the term was not defined, but the treaty states that it is to be construed broadly.
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dommage survenu (daw-mazh suur-v[schwa]-noo). [French] Damage sustained. • This is from article 17 of the Warsaw Convention providing for compensatory damages, rather than awards for loss of society or punitive damages, for bodily injury that a passenger suffers while onboard an aircraft, or while boarding or disembarking. [Cases: Carriers 307, 319. C.J.S. Aeronautics and Aerospace
clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct.
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collective punishment. A penalty inflicted on a group of persons without regard to individual responsibility for the conduct giving rise to the penalty. • Collective punishment was outlawed in 1949 by the Geneva Convention.
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International Law Commission. A body created in 1947 by the United Nations for the purpose of encouraging the progressive development and codification of international law. • The Commission is composed of experts in international law. It has drafted many important treaties that have become binding treaty law, including the Vienna Convention on the Law on
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The employment of workers under the age of majority. • This term typically focuses on abusive practices such as exploitative factory work; slavery, sale, and trafficking in children; forced or compulsory labor such as debt bondage and serfdom; and the use of children in prostitution, pornography, drug-trafficking, or anything else that might jeopardize their health,
Bureau of Nonproliferation. A unit in the U.S. Department of State responsible for leading efforts to prevent the proliferation of weapons of mass destruction, delivery systems, and advanced conventional arms. — Also termed Nonproliferation Bureau.
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port-state control. Maritime law. The exercise of authority under international conventions for a state to stop, board, inspect, and when necessary detain vessels sailing under foreign flags while they are navigating in the port state’s territorial waters or are in one of its ports. • The purpose is to ensure the safety of the vessels
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Berlin Act. Copyright. A 1908 revision of the Berne Convention prohibiting formalities as a requirement for copyright protection, recommending (but not requiring) a term of protection equal to the life of the author plus 50 years, and expanding the types of works eligible for copyright protection. • Motion pictures were included in copyright protection for