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International Legal Framework for Protection of Intellectual Property under the TRIPs Agreement/the WTO & Related Human Rights Issues of Dissemination & Transfer of Environmentally Sound Technology - A critique of conflicting rights

Recent history of contemporary world has substantiated the fact that the secret of enjoying technological and economic leadership, lies in placing a high premium on the system and content of intellectual property (IP) rights. Nations that do so are reaping the fruit of their timely decision and are seen as role models for economic growth. The reason is obvious: the dream of scientific and technolo

Rule of law or judicial activism - two perspectives on the European Court of Justice

The role and activities of the European Court of Justice (EJC) have been discussed for couple of decades now. Without any doubt the role that ECJ fulfils today in the European Community is not what it was in the beginning of its existence and perhaps not even what was strictly prescribed by the EC Treaty. In the present thesis will be firstly examined, how the present role of the ECJ, as a quasi-c

The EC Integration Principle and Competition. A genuine change in policy setting and implementation?

A common feature within the European Union is that the responsibilities for environmental protection are separated from those managing natural resources and the economy. There are strong arguments for the idea that to be able to successfully resolve the many environmental challenges that lay ahead, it is necessary to integrate environmental concern in those sectors of the economy that affect them.

Direct Effect, Supremacy and State Liability - A Comparison between EC Law and the EEA Agreement

The aim of the paper is to discuss some of the basic elements of the legal system in EC law in comparison with the EEA Agreement. The conclusions will have special reference to Icelandic law. The reason for this approach is that the EEA Agreement is closely linked with EC law. Therefore it is necessary to begin approaching the basic rules within the EC in order to better understand the EEA system

Exclusion from refugee status - What is a fair procedure?

The refugee status determination procedure involves complex issues of both law and fact. The process becomes even more complicated when facts arise that give indications on the possible applicability of article 1.F of the Refugee Convention. In this case the decision-maker has to decide on the one hand if the applicant qualifies for refugee status and on the other hand if there are serious reasons

Locus Standi - Knocking on Heavens Door

This thesis will clarify the notion of individual concern and its use by the ECJ, through an analysis of case law and a Lockean analysis of the EU. The thesis takes it outset in the case law of the ECJ and will show, through a thorough analysis of a selected part of the case law, that this is inconsistent and unstable, leaving individuals with legal uncertainty and little hope of accessing the CFI

Subsidiarity: The Two- Edged Sword

The society of today is undergoing two different trends in government and governance. The first reflects the internationalization and globalization towards a multicultural society where an increasing numbers of measures are being assigned to international and supranational levels. The second tendency is decentralization and an emergence of strong local and regional politics. This is although not s

REFORM OF THE UNITED NATIONS SECURITY COUNCIL - A REQUIREMENT OF THE TIMES

The Thesis, which is titled ''Reform of the United Nations Security Council: A Requirement of the Times'', consists of six chapters. Chapter I, ''Overview'', begins with the very brief historical background of the United Nations, the Charter and the UNSC. The focal point in this Chapter is about the functions and powers, the reasons - both objective and subjective -

Software patentability: European Answer.

This paper attempts to analyse the legal protection of software in Europe and reviews the current legislative developments in the European Union (EU), particularly with regard to the European Council (EC) draft directive for patentability of software-implemented inventions. It analyses the current EU legislation and considers how the proposed Directive improves such legislation and also points to