Preface Table of cases Table of statutes Part I. A Framework: 1. The problem of appropriation of personality Part II. Economic Interests and the Law of Unfair Competition: 2. Introduction 3. Statutory and extra-legal remedies 4. Goodwill in personality: the tort of passing off in English and Australian law 5. Unfair competition and the doctrine of misappropriation Part III. Dignitary Interests: 6. Introduction 7. Privacy and publicity in the United States 8. Privacy interests in English law 9. Interests in reputation Part IV. Pervasive Problems: 10. Property in personality 11. Justifying a remedy for appropriation of personality Part V. Conclusions: 12. The autonomy of appropriation of personality Bibliography Index.

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The Commercial Appropriation of Personality

The commercial appropriation of personality: Privacy and publicity in the United States

The commercial appropriation of personality: Justifying a remedy for appropriation of personality

Statutory and extra-legal remedies

The problem of appropriation of personality

/pdf/a-comparative-analysis-of-name-and-likeness-rights-in-the-58tpm7ryfs.pdf

A Comparative Analysis of Name and Likeness Rights in the United States and England

In response to the COVID-19 pandemic and the 2021 military takeover in Myanmar, while conflict dynamics have dramatically intensified, previously neglected localisation processes have reignited among development and humanitarian actors. Much of this change has been driven by a significantly reduced international presence in Myanmar, coupled with a sharp reduction in access to many areas, even for those inside the country. In this context, many international actors are increasingly relying on Myanmar organisations in various ways – a change process some have referred to as “forced localisation”. In conflict-affected contexts, changes in localisation practices have significant implications for conflict sensitivity. In fact, the forms that localisation takes in conflict-affected contexts directly impact – and may even largely determine – the potential to be conflict sensitive. Reflecting on our experiences working in Myanmar prior to and since the 2021 military takeover has reinforced the importance of understanding the concepts of localisation and conflict sensitivity as an integral whole in contexts afflicted by violent conflict. In this Practice Note, we explore how localisation debates and processes have changed in Myanmar in response to a drastically altered context, and outline some of the conflict sensitivity implications of how localisation is being conceptualised during this period. While these two much-discussed terms are often dismissed as tired buzzwords – and there does appear to be a palpable fatigue in response to their frequent rhetorical use – the fraught operating environment in Myanmar demonstrates how relevant and pressing a genuine reflection on these ideas continues to be. In this Practice Note, we use the term “localisation” to refer to the deliberate effort to transfer global development and humanitarian resources and decision-making increasingly into the hands of civil society entities or other “local actors”. We use the term “conflict sensitivity” to refer to the awareness of how interventions interact with and can change conflict and political dynamics, and the ability to regularly assess and mitigate possibilities for exacerbating conflict and inequitable power relations. While these definitions are our own, they are in line with (careful) use elsewhere and emphasise the aspects of these concepts we view as most critical. This Practice Note is informed by our collective experiences in various roles within Myanmar non-government organisations (NGOs), consultancies for donors, international non-government organisations (INGOs), and United Nations (UN) entities. A set of discussions on these topics in 2021 and 2022 – including focus groups and individual interviews – also influences our analysis. Critically, we do not claim to speak for Myanmar civil society, but rather offer reflections from our vantage points, which have limitations due to our own biases, reliance on English language communications, current external locations, and the types of networks and relationships we have. The Practice Note begins by providing a brief overview of how the Myanmar context has changed since the military takeover of February 2021. We then discuss how localisation practices have shifted in response, followed by a critical reflection on the implications of these changes for conflict sensitivity. The Practice Note concludes by summarising three key conflict sensitivity implications of how

The localisation discourse in post-2021 Myanmar: implications for conflict sensitivity

This brief explores how gender-based violence in Myanmar, particularly violence against women and girls, is addressed in the absence of a clear constitutional provision and legal protection. It is part of a four-part series, which also includes Brief No. 1. A Guide to Being an Effective Advocate for Gender Equality, and Brief No. 2. Substantive Equality and Women’s Representation in Public Institutions and Brief No. 4. Inclusion and Gender Equality in Post-Coup Myanmar.

Catherine Louise Buchanan

Papers

A Comparative Analysis of Name and Likeness Rights in the United States and England

The localisation discourse in post-2021 Myanmar: implications for conflict sensitivity

Preventing Gender-Based Violence in Myanmar