As a guest user you are not logged in or recognized by your IP address. You have
access to the Front Matter, Abstracts, Author Index, Subject Index and the full
text of Open Access publications.
The Chapter addresses, in an international/EU law perspective, the issue of the dissemination of legal research. The international legal order defines the right to science in the Article 27 of the Universal Declaration of Human Rights; the same right is cited in acts adopted by many international organizations and is included in binding instruments, mainly in the form of the principle of sharing the benefits of scientific research. Affirmed the existence of a right to science in contemporary international law, the Chapter will reconstruct its nature and content: some authors conceive it as an independent right, that deserves an autonomous protection, as it aims at increasing the quality of the life of individuals and collectivities; other scholars build it as an instrument for implementing ‘classic’ fundamental rights. Among its applications, the one related to the free dissemination of research results, promoted by the Open Access movement, is pivotal, especially with reference to public funded research. In this perspective, the Chapter will mainly focus on three issues: 1) the international law rules on the right to science as legal precursors for open access; 2) the international intellectual property rights regime as a limitation to the right to science and, by the latter, to open access; 3) artificial intelligence, fed by open access, as a means for reconstructing State practice and customary international law.
This website uses cookies
We use cookies to provide you with the best possible experience. They also allow us to analyze user behavior in order to constantly improve the website for you. Info about the privacy policy of IOS Press.
This website uses cookies
We use cookies to provide you with the best possible experience. They also allow us to analyze user behavior in order to constantly improve the website for you. Info about the privacy policy of IOS Press.