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The Call for a Normative Framework for International Investments: Mission Impossible?

Despite the increasing significance of foreign investment in the global economy, the extent and intensity of regulation at the multilateral level is disproportionate as compared to that of international trade. Unlike the integrated system established under the World Trade Organization, the governance of international investment is highly fragmented, encompassing an amalgamation of customary intern

Presumption of Innocence in China - FA Comparative Study on International Human Rights Standards and Chinese Law and Practice

According to the United Nations' Human Rights Committee's General Comment 32 on Article 14 of the International Covenant on Civil and Political Rights (ICCPR), the right to equality before courts and tribunals and to a fair trial ''is a key element of human rights protection and serves as a procedural means to safeguard the rule of law'' .Human Rights Committee, General Com

Freedom of speech versus human dignity: a conflict between fundamental rights

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

Combating the Worst Forms of Child Labour: A Case Study of Children Trafficked for Domestic Work in Uganda.

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

A Critical Analysis of DG Competition's Preliminary Sector Report

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

Appraising the Distinctiveness of Different Categories of Trade Marks in EC Law

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

The Multimodal Aspects and the Scope of Application of the Emerging Rotterdam Rules

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

Responses to Human Trafficking: Securing States or People? From State Security to Human Security Approach

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

Social linkages in Public Procurement

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

Minimizing Risks and Protecting Interests in Ship Finance : Central issues and mechanisms.

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

State Responsibility Regarding Domestic Violence Against Women With a Focus on Turkey

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 Practice of Torture in Peru and its Mechanisms of Impunity. What could be done to tackle them?

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

Technology Standard-Based Patent Pools and Their Procompeititve (Anticompetitive) Effects

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

Effective Remedy for Prosecuting Crimes against Humanity and War Crimes with Regard to South Ossetian Conflict of August 2008 (with focus on the criminal responsibility of Russian citizens as perpetrators).

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 'Effects-Based' Approach of the Commission to the Application of Article 82 to Exclusionary Abuses: Is the New Approach Really Economics Friendly?

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

State Aid in the Financial Services Sector and the Implications of the Recent Financial Crisis

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

Security Jurisdiction at Sea: The Legality and Future Directions of Maritime Security Zones as Foreign Policy Tools

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