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Autonomy and International Law in the Context of the Nisga'a Final Agreement
The Nisga'a Final Agreement (NFA) is a legal agreement between the Nisga'a Nation of the Nass Valley, the government of British Columbia and the Canadian government. For the Nisga'a it is the culmination of over a 100 years of efforts to arrive at a mutually agreeable legal framework of land ownership, resource management and self-government. This paper evaluates the Nisga'a Final
Curbing Software Piracy in eCommerce: Compatibility with Human Rights: Challenges and Possible Solutions
Software and eCommerce are inseparable part of each other. The main thrust of the thesis is to discover a suitable legal and technological measures for curbing software in eCommerce and find out compatibility of the existing curbing measures with human rights. The WIPO Copyright treaty, the Berne Convention, the TRIPS Agreement and other international laws on copyright, patent and software have be
Principle of 'non-refoulement' - Rule of customary international law
This thesis studies the very cornerstone of the international refugee law-the principle of non-refoulement. Since its introduction in the 1951 Convention, this principle has played a key role in the protection of refugees. Last 50 years have generated many questions and various interpretations of the scope of the Article 33 of the 1951 Convention on the Status of Refugees. States have tried to get
THE OBSERVANCE OF HUMAN RIGHTS BY MULTINATIONAL CORPORATIONS IN DEVELOPING COUNTRIES
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 -
Cooperation between World Intellectual Property Organisation and the World Trade Organisation in the field of assistance to developing countries
There are two matters, which have important impacts on development of the international intellectual property rights (IPRs). The first is the significant economic importance of the IPRs and its large share in international trade and the second is the protection of IPRs especially in developing and importing countries. More than two thirds of the WTO members are developing countries (DCs) and they
Crossing political hurdles to good governance and human rights: The Executive Branch Vs. The Director of Public Prosecutions in Zambia
The thesis is inspired by the events that surrounded the Office of the Director of Public Prosecutions and it seeks to elaborate the fact that political interference has repercussions on human rights as stated by both national and international law. It looks at fighting corruption under the theme of good governance at another angle.
Refugee Protection in the framework of the Common European Asylum System
The foundation of International Refugee Law was laid down in the early 1950s by the creation of the UNHCR and the Geneva Convention of July 28 1951Relating to the Status of Refugees (hereinafter the Geneva Convention) and its 1967 Protocol Relating to the Status of Refugees. Refugees and asylum seekers are not only protected through the relatively limited refugee law but also through general human
Overcoming boys-will-be-boys syndrome: Is prosecution of peacekeepers in the International Criminal Court for trafficking, sexual slavery and related crimes against women a possibility?
While the international community would like to think it does not happen crimes are committed by peacekeepers. There is a growing prevalence of the crimes of trafficking, rape, sexual slavery and enforced prostitution being perpetrated by peacekeepers. These are all gender-specific crimes against women. They are also the crimes that most often remain unpunished, especially when committed by peacek
The European Patent Law and Biotechnology: Ethical, Legal and Economic Aspects of Human Genes Patentability
This thesis analyses the debate around the patents on human genes from three most important angles: ethical, legal and economic. In the ethical context, patents on gene-related inventions are often seen as inappropriate because of the alleged special status of human DNA. The special status stems from their alleged responsibility for everything from diseases to social propensities and personal trai
Ethnic Federalism in Ethiopia Challanges and Opportunities
The study of Federalism has attracted scholars of various fields for a long time. Federalism as an instrument of balancing the tension between universalism and particularism has drawn more attention in pluralistic societies. After the end of the cold war era there is a drift in to reaffirmation of ethnic identity as a means of determining the public life of a society, the venture to ethnify federa
Tuberculosis and Human Rights in Iceland
The Law and Practice Relating to Female Genital Mutilation inTanzania
This study is an attempt to examine the law and practice relating to female genital mutilation in Tanzania. In the course of writing this work, attention is paid to the difference between enforcement of legal and social norms, as this is important in any fight against the deeply entrenched harmful traditional practice of Female Genital Mutilation. In dealing with this problem, the usefulness of us
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
Intellectual Property and Human Rights in Palestine
What is the Role of Professional and Civil Society Organisations Beyond International Legal Mechanisms of Implementing Human Rights Treaties?
The thesis is divided into six chapters. Chapter 1 is the introduction while chapter 2 really starts the discourse. Chapter 2 is titled, the Challenges of Implementing International Human Rights Treaties-Background, it outlines the international mechanisms of implementation envisaged by the treaties and indicates that the treaties originate at the international plane but are designed for implement
The Potential Impact of an International Human Rights Law Clinic on Issues of Access to Justice in Africa
This paper will begin on the premise that international human rights law provides an efficient framework and a good forum to address issues of social and economic justice in a comprehensive and holistic manner, in the first place. Secondly, that this immense potential is under utilised because international and regional forums are inaccessible to the people whom they have been set up to protect. T