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This thesis analyses the problem of the conflict between fundamental rights with special attention to the clash between freedom of expression and human dignity In my view the hate speech problem is a good example of this clash: the right to freedom of expression can be in conflict with other human rights, mainly with the right to human dignity. My question is: how should one solve this problem, or
The problems faced by children trafficked for Domestic Work seems to be a continuing problem. Whereas states have ratified the various conventions aimed at protecting children in this field, the problem persists. Trafficking of children is usually portrayed in a way that most times&semic the children are trafficked across borders from country to country for purposes of being economically explo
On January 16, 2008 DG Competition announced the initiation of a Sector Inquiry Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Text with EEA relevance) OJ L 1, 04/01/2003 p. 1 (''Regulation 1'') Article 17. into the Pharmaceutical Industry which it had begun by conducting unannou
In the doctrine, Articles 7(1)(b) to (d) CTMR, which preclude the registration of non-distinctive, descriptive and generic signs, are considered to form a part of a single, indivisible concept of distinctiveness, which is one of the most fundamental concepts in trade mark law. When assessing the distinctiveness of trade marks under these provisions, the CFI and the ECJ insist that all categories o
Considering the urgency in uniformity and harmonization of existing law relating to carriage of goods by sea, the Comité Maritime International (CMI) initiated a joint project with UNCITRAL to achieve more uniformity and to replace the Hague, Hague-Visby and Hamburg Rules which are outdated by now and cannot fully satisfy the needs of modern multimodal transport. The result of this joint project b
Almost a decade ago, human trafficking became an issue of significant attention and a subject of international and regional legislation and initiatives. Human trafficking became a serious challenge for a global community since it involves such aspects as national criminal justice, national borders and immigration control that traditionally had been issues of internal state competence. Therefore, c
Public procurement - which can shortly be explained with the government's activity of purchasing goods and services - presents one of the largest economic markets in the world, accounting, on average, for 15 per cent of the gross national product (GDP) worldwide. One of the most controversially debated issues regarding public procurement is that of procurement linkages. The questions evolve ar
In examining the above subjectmatter, this thesis has necessarily touched on key aspects of both international public and private shipping law regarding ship finance. In doing so, it has necessarily also x-rayed the interaction between ship finance and various other key areas of law such as insolvency law, transnational commercial law, contract law etc. In this wise, the ship finance transaction a
Domestic violence is one of the biggest human rights violations that affect women all over the world regardless of their color, nationality, or age. This problem has reached such a degree that women appear to be more at risk of facing violence inside of the home by a husband or partner, than outside by strangers. However, the traditional view that the State cannot be held responsible for acts of v
The principle of ne bis in idem is one of the fundamental principles recognizing human dignity in criminal procedures. The principle's objective is to convey legal certainty to the individual. It aims to ensure this by prohibiting 'double jeopardy', i.e., an individual cannot be subjected to criminal proceedings more than once for one and the same - allegedly criminal - conduct after o
Today the practice of torture around the world continues being widespread and rampant and Latin America is not far from that reality. Although, many countries in Latin America have overcome civil wars and authoritarian governments that used torture as a means to silence the disagreements of political opponents or to fight against the enemies of the State, the practice of torture continues being pa
The legal environment in the area of patent pools in Europe and the US has experienced significant development over the past few decades. Today, the antitrust treatment of patent pools generally favors patent pools provided they meet a robust set of ex ante antitrust safeguards. Despite some inherent differences in antitrust laws, including rules on technology licensing, both sides of the Atlantic
In August 2008, Georgia was engaged in an internal armed-conflict with its breakaway region of South Ossetia, which shortly after, grew into a large-scale war with Russian Federation. In the course of the war, hundreds of civilians became victims of the international crimes committed by belligerent sides. Hence, the central issue of my research is a post-conflict justice. In particular, if there e
The purpose of this thesis is to criticize the Commission's approach to the application of Article 82 to the exclusionary abuses of the dominant firms. It is a very interesting and hot topic as the attitude of the Commission and the European Courts have many implications on the consumer welfare and total efficiency in common market and innovation capacity and the economic development of the Eu
Financial services sector is fundamental to economic growth and development in all advanced economies. Financial services such as banking, savings and investment, insurance, and debt and equity financing constitute a nation's economic engine by fulfilling three core functions in the economy. Firstly, these services provide financial intermediation functions between savers/investors that are lo
The use of force plays a major role in achieving foreign policy goals. States have resorted to engaging maritime security zones, including naval blockades and maritime exclusion zones, to put pressure on the enemy. In establishing these zones, States are in effect exercising security jurisdiction at sea. Naval blockades aim to prevent sea traffic to and from enemy ports and are enforced through se
The expansion of biotechnology applied to agriculture has drastically changed traditional farming in recent decades. New plant varieties and techniques developed by life-science corporations guarantee more efficiency than traditional methods at relatively low costs. This feature resulted in many biotech creations (such as GM plants) being rapidly adopted by countries with agriculture-based economi
Since 1906, the principle of utmost good faith has been codified into the Marine Insurance Act 1906(MIA 1906) throughout the decision of Carter v. Boehm (1766) 3 Burr. 1905. case. According to Section 17, ''the insurance is uberrimae fidei''. It follows the principle of utmost good faith is the fundamental basis of the marine insurance contract. ''If the utmost good faith b
