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New Plant Variety Protection, Plant Genetic Resources for Food and Agriculture, and Access to Adequate Food in Developing World's 'Melting Pot'
Being a very important part of property per se, intellectual property is performing the duty of securing social development by providing incentives for inventors to create and thus benefit society. It is of no doubt this property should be protected. However, this protection should not encroach upon other rights, such as human rights, in particular the right to adequate food&semic thus, intell
Analysing the Employment Discrimination Phenomena in China From an International Human Rights Perspective -- Focusing on Hepatitis B-Based Discrimination
As stated in Article 26 of ICCPR, ''all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.'' The pursuit of equality and non-discrimination has been widely accepted not only as a formal principle but also binding substantive human rights. In 2003, the first Global Report by ILO on discrimination, Time for equality at wor
Competition in Post-Trading - An Investigative Essay
The 90's shook up seriously the securities industry and pointed the way for the creation of an integrated European securities market. The Institutions have nevertheless been very slow in reacting to the unleashed forces and it was only at the end of the decade with the effective introduction of the Euro that Giovannini Group gave first warnings. The European market was characterised by a juxta
Conflict Or Flexibility? Pharmaceutical Patents, Access to Medicines and the Role of Compulsory Licences
International law related to patents, on the one side, and human rights, on the other, both constitute interesting areas of law on their own. From time-to time the two distinct fields of international law intertwine. A tragic but highly relevant example is the ongoing HIV/AIDS epidemic. The core of law-related considerations of the HIV/AIDS epidemic consists of specific parts of the two fields, na
Human Rights as Born in Europe and Its Fate in China: a Historical/Structural Analysis
Human rights have their roots in citizen's rights. The development of citizen's rights has been centring on property rights. Property rights own its root to Rome. Private property rights are crucial elements in the Roman law, but were less recognized in the Middle Ages. Then it revives in the medieval cities. This thesis explores the development of property rights in Europe with the transf
Developments and Obstacles to the Right of Access to Medicines: A Study of Human Rights, International Trade and Pharmaceutical Business
The right of access to medicines has challenged the common perception that economic, social and cultural rights, due to their progressive character, are aspirations rather than a legal set of obligations. It has received strong and sustainable global support and has achieved a remarkably detailed legal definition within the UN human rights system, including the provision of access to essential med
The Implementation of Transitional Justice in Post Conflict Situations: Case Study of Aceh and Papua
Armed conflict, either internationally or internally, has caused great sufferings to the victims and society as a whole. It constitutes a situation where the rule of law is absent and human rights are no longer respected. Even though various preventive endeavours have been campaigned and implemented by the international community, the occurrences of armed conflicts are still inevitable due to poli
Appeasing Aristotle: Analyzin the EU Reception Directive's Failure to Uphold the Right to Health for Asylum Seekers in Europe
The European Union is working towards creating a Common European Asylum System for the purpose of harmonizing the domestic asylum laws of its Member States and creating a system in which asylum status may be determined justly. The Reception Directive of 2003 is the EU legislation that, among other things sets minimum standards of health care for asylum seekers in EU Member States. All EU Member St
The Application of Minority Rights to Muslims in Denmark, Germany and the United Kingdom
Historically, minority rights have played a role in conflict prevention. The current situation in the West, where it is asserted that Islam is not compatible with democracy and Western values, lends itself to the application of such rights. The maintenance of Muslim group identity is a crucial factor, if the Muslim communities are to feel integrated and accepted in Western society. However, it is
Intellectual Property Reform in Russia: Analysis of Part Four of the Russian Civil Code
After the dissolution of the Soviet Union in 1991, Russia was in the crisis that affected every aspect of the state activity. Among other things, Russia had to enact its own legislation that could serve the establishment of a market economy. The crisis affected heavily the intellectual property rights (IPR) protection: Russia had no IPR laws and no relevant state agency. During 1992-1993, new Russ
The right to life in internal armed conflict: a study of the Chechen cases before the European Court
A thesis about the right to life in internal armed conflict must necessarily take both human rights law and humanitarian law into account. Human rights law, which has codified the right to life in its main instruments, is applicable both in time of peace and in time of war, whereas humanitarian law is only applicable during armed conflict. The question is thus how these two branches of law influen
Protection of property rights under the European Convention on Human Rights and the Russian national legislation
The importance of property in everyday life of people is obvious. Although sometimes it looks like property does not fit into the human rights context, the author believes that the right to property as any other human right needs protection. The fact that 20 percent of all violations found by the European Court of Human Rights in the last eight years are connected with property rights illustrates
Considerations on the ICC exercise of jurisdiction in the light of past International Criminal Law experience
The present study is dedicated to a discussion on the efficiency of exercise of ICC jurisdiction, based on past international criminal law experience. While acknowledging the unprecedented significance of the establishment of a permanent international criminal court, it focuses on the numerous perceived shortcomings in the ICC statute system, likely to constitute major challenges in the court'
Combating Trademark Counterfeiting with Border Measures- Serbia as a case study
Most counterfeit goods are luxury goods bearing a well-known trademark. The counterfeit goods also can be protected by copyright/design protection. WIPO Intellectual Property Handbook: Policy, Law and Use (WIPO 2004, second edition) A counterfeit trademark is defined in Article 51 of the TRIPS as the following: "&semicCounterfeit trademark goods shall mean any goods, including packagin
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
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
Do Australian firms engaging in mergers and acquisitions experience performance improvements?
Purpose: To determine if mergers and acquisitions are value creating or destroying in the Australian market, identifying the individual sources of this value creation or destruction, and attempt to relate the post-merger performance to changes in equity prices around the announcement date of the bid. Methodology: A quantitative approach comparing pre and post merger firm performance with a median
Value Creation through Cross-Border Mergers and Acquisition - An Empirical Study on UK Acquirers of BRIC Targets
This paper analyzes corporate geographic diversification in an attempt to establish if crossborder deals involving UK acquirers on BRIC targets over the period 1997-01-01 to 2010-04- 15 are value-enhancing for acquirers and to identify the variables that influence the result. Our findings suggest that acquisitions of BRIC targets by UK based firms are on average, value enhancing at the 5% signific
Hur renoverar man en villa från 1985 till lågenergihus?
Av den totala energiförbrukningen i Sverige står hushållen för 30 %. Det är en mycket stor andel som måste minskas. De nya byggnaderna som uppförs har en mycket låg energiförbrukning, men i Sverige har vi många äldre byggnader, inte minst från miljonprogrammet. Ett stort antal av alla dessa hus är i behov av renovering och därmed också minska energiförbrukningen. Syftet med detta examensarbete är