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Business actors and serious human rights violations: where do courts draw the line?
This research is an attempt to reveal and evaluate the boundaries of business actors aiding and abetting serious human rights violations. Four different bodies of law, consisting of contemporary international criminal law and case law involving business actors in both national and international law, are examined. In comparing these movements, judges' interpretations and the features found impo
China's Legal Framework and Implementation Structure on Government Procurement: Challenges of Establishment of China's Modern Public Procurement System
This article will analyse features on two primary laws, the BL and the GPL, on public procurement and latest progresses of its regulations for implementing in China and provide an overview of the structure for the public procurement implementation. In particular, it will give a critic assessment on the inconsistence in legislation as well as implementation in China's public procurement regime
Ensuring Freedom from hunger of Vulnerable Groups in Malawi: Intergrating the Right to Development and the Human Rights Based Approach
This study is an attempt to analyse whether the Human Rights based approach is a viable tool towards implementing the right to development consequently attaining the right to food in Malawi. The question to be determined is whether the unfreedom from hunger of vulnerable and marginalized groups can be overcome by implementing development programs relating to the right to food as a component of the
SCOPE OF TRADEMARK PROTECTION
The rationale behind trademark law is to protect business goodwill and reputation, but the ultimate benefactor is the public. The trademark as a badge of origin serves as identifier of quality of the products, and thereby facilitates the public in eliminating the confusion about the source of products. Over the last two decades or so, the trademark law in many jurisdictions of the world has signif
How Gender and the Right to Culture have Influenced the Development of Modern International Criminal Law: A Study on the Crime of Gender-Based Persecution under the Rome Statute of the International Criminal Court
Nearly a decade has passed since the adoption of the Rome Statute of the International Criminal Court (''Rome Statute'') on 17 July 1998. International criminal law has advanced considerably during this period, particularly with respect to the crime of gender-based persecution. This is despite the fact the International Criminal Court (''ICC'') has not yet observed
Assessing the Relevance of International Standards for the Protection of Children from Recruitment and Use as Child Soldiers, with a focus on Non-State Actors Armed Groups in Africa
It is frustrating for every reasonable human being to observe scenes of exploitation around the world in respect of children, because of their either naivety or vulnerability. It is unacceptable that still in the 21st century, children do not benefit from the protection, attention and love they deserve. An estimated 300 million children worldwide are subject to violence, exploitation and abuse inc
Combining the International Protection for Nature and Human Rights
The number of situations where both people and nature are harmed by human activities are increasing in the same pace as mankind is augmenting its control and so called 'development' of the Earth. Although previously much debated, we have passed the stage when protecting human rights and preserving the environment were seen as conflicting interests. Instead we have reached the conclusion th
Impact of Armed Conflict of Children(A case study of Nepal)
The purpose of this essay is to how internal armed conflict in Nepal affected children. Besides that how Nepal has implemented the UN Convention on the Rights of Child during the conflict. It has been estimated that over 2 million children have been killed in armed conflict, another 6 million have been rendered permanently disabled and more than 250, 000 children continue to be exploited as child
Obligations of non-State armed actors in internal armed conflicts
Internal armed conflicts are today the more common mode of warfare and a growing concern for the international community to address. In this, the difficulty of addressing non-State armed groups has grown in salience and importance. Non-State armed actors are held by the international community as responsible for their actions based on international humanitarian law. As such, if international human
The legal protection for educational facilities and institutional premises in the event of international or non-international armed conflict
If as Hersch Lauterpact stated in the most overly quoted Humanitarian Lawyers phrase in Oppenheim's International Law, International Humanitarian Law lies at the vanishing point of International Law, then I would posit that it is only the continuance of education particularly education in LOAC that prevents it from vanishing altogether. The preservation of the buildings housing that education
Patent Protection of Pharmaceutical Products within the Frame of Public Health
This Thesis examines the legal mechanisms of patent protection under the TRIPS with regards to the pharmaceutical products. It also reviews the law requirements of public health needs and available legal instruments to overcome the protection given by a patent to provide an access to medications. This research does not analyze the other related issues which are applicable to the chosen topic. The
The Impacts of Climate Change on the Inuit in Greenland and Nunavut and their International Legal Protection
Human induced climate change i.e. global warming caused largely by greenhouse gas emission will change the ecological balance of our planet and lead to dramatic societal problems. Working Group 1 Contribution to the Forth Assessment Report of the IPCC, Climate Change 2007: The Physical Science Basis, 2007, p. 1-18 In the Arctic region, such changes are already occurring. The Inuit, an indigenous g
The Protection of Computer Programs
This thesis concerns the patentability of computer programs from a European perspective. The main purposes of the thesis are to investigate how computer programs are protected in Europe and how case law of the EPO has developed since 2005 when the proposal for a directive on the patentability of computer- implemented inventions (CIIs) was rejected. The thesis also briefly describes the major Europ
The rationale of implementing the human rights based approach towards aid effectiveness
What Would Gunnar Myrdal Say? Sweden, the Right to Health and Ethnic and Racial Minority Migrants
In the 1940s, Swedish Nobel laureate Gunnar Myrdal noted a disconnect between the American creed (liberty and justice for all, equality) and the status of African-Americans (marginalization, disenfranchisement, segregation). Decades later, a similar disconnect is currently reflected in Myrdal's Sweden. The state of health for ethnic and racial minority migrants clashes with Swedish policy dict
Italian and Spanish Refugee Politics in Relation to Libya and Morocco: a Comparative Study in a Human Rights Perspective
The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allo
Enforcement of International Human Rights Law Norms While Combating Terrorism: Access to Justice for the Targets of the United Nations Security Council's Targeted Sanctions Regimes
The summary of the present master thesis can be outlined as the following: The international terrorism and the counter-terrorism have been one of the biggest issues and concerns of the international community over the last decades. The international terrorism aims at the very destruction of human rights, democracy and the rule of law. There is no question and the debate that the international terr
Free Movement of Workers: Professionals as a Particular Problem
The European Union boasts free movement of workers as one of its fundamental freedoms for all citizens. However, this freedom does not exist free from controversy or challenging issues. Professional workers raise unique problems when considering the exercise of this freedom. Member States in which the professionals wish to practice are reasonably concerned with assuring that the professionals prac
The 1982 Institute Cargo Clauses
Marine insurance is a contract of indemnity that the insurers protect the insured from the loss of damage caused by perils insured against, and the insured pays the premium. As the global center of marine insurance, the London market produces series of policy forms and attached standard forms widely used by the world. The currently used MAR policy form takes place of the old SG form, with the 1982