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Adaptation of Tunisian competition law within the Euro-Mediterranean Free Trade Area

This work is an analysis of the implementation of the Euro-Mediterranean Partnership and more particularly the negotiation of the association agreements, which aim to improve the conditions for carrying out trade by exploring new areas of cooperation in investment, trade facilitation and the approximation of legislation. This study focuses on the association agreement contracted between the Europe

The Market Freedoms as a Specific Form of Human Rights

The market freedoms of the EC Treaty first of all commit the Member States not to erect hindrances to the internal market. Obstacles to the free movement of goods and the other market freedoms may also originate from other authors than the Member States. Individuals may hamper the functioning of the internal market, and even the European Community itself might pass legislation affecting the market

Freedom of Expression in Newly Established Democracies of Eastern Europe: Azerbaijan in Focus

This paper examines the freedom of expression in a newly established in Eastern Europe democracy, namely in Azerbaijan. Before reviewing the domestic law of Azerbaijan on freedom of expression, the study touches upon a few important thoughts and statements about the interdependence of freedom of expression and democracy. Afterwards it elaborates international binding as well as non-binding standar

Challenges and Possibilities Arising in the Development of Human Rights Indicators for State Reporting

HR indicators are increasingly used as a method for analysis in the work with human rights. However, the concept of HR indicators is often subject to confusion due to the lack of a common and universal theoretical framework. This study focuses on the elaboration of HR indicators for state reporting within the UN treaty monitoring bodies and argues that an extended and more coherent use of HR indic

Will the SE Incentive the Process of Harmonization or Determine the Opposite Outcome?

In the beginning of the October 2004 a new legal entity made its debut in the European Community system: the SE or Societas Europaea. The content of the regulation introducing this corporate form clearly shows how the SE project has been concretised in reality. First of all, it is possible to ascertain that the landmark legal framework is constituted essentially by two texts: the EC regulation 215

Comparison of the Notions of Relevant Market between EC and the US: What Can China Learn from Both Sides?

Anti-monopoly laws play an important role to protect the market economy and maintain healthy environment for competition. After China joined WTO, the anti-monopoly problems are becoming more and more obvious. Anti-monopoly rules are needed urgently. It is inspiring that finally the Draft Anti-monopoly Law was passed preliminarily by the State Council in June 2006 after a more than ten years' g

A study of legal protection of Geographical Indications in the European Community and in Vietnam

This thesis addresses the legal protection of geographical indications (GIs) at three levels: the World Trade Organisation (WTO), the European Community (EC) and Vietnam, with the main focus on protection of GIs in the EC. The 1st part contains some general remarks concerning the rationale, purpose, delimitation, and methodology of this thesis. The 2nd part introduces some backgrounds on GIs such

The Scope of Union Citizenship: The Case of Non-Economically Active Persons

Following the introduction of Union citizenship by the Treaty of Maastricht in 1993, the ECJ has emphasised that: ''Union citizenship is destined to be the fundamental status of nationals of the Member States''. This marks a move away from the initial focus on ''market citizens'' in a Community primarily aimed at facilitating cross-border economic activity: a system

Corporate Board Authority in Takeover Bids: A Comparative Analysis of the EU and US Approaches

Global Merger and Acquisition activity reached record levels in 2006, with the US and EU playing a large role in this activity. This paper examines the duties of a board which is subject to a takeover bid and any defensive moves the board may take to protect its company from acquisition. The US law in this field requires the boards to actively participate in any bid offers and grants these boards

"Private Enforcement of Competition Law from a Corporate Social Responsibility Perspective; Too much of a good thing?"

At the beginning of this century, the EU set itself the ambitious goal of becoming the most competitive, sustainable and dynamic knowledge-based economy in the world. In this context, the concept of corporate social responsibility is gradually presenting itself as the hidden key to success. This means that companies should not just aim at financial gain, but should also take up societal and enviro

Locus Standi of Private Applicants under Article 230 (4) EC: Undue Restriction or over-Criticism?

Under Community legal system, private parties are vested with only a restricted capacity to bring an action for annulment of allegedly unlawful Community rules Angela Ward, 'Judicial review and the right of the private parties in EC law', Oxford University Press, New York 2000. The conditions for ordinary parties to have locus standi were provided in Article 230 (4) EC [ex 173 (2)] and hav

European Private Antitrust Litigation: passing-on defense and indirect purchaser standing - finding a consumer-orientated option

Private enforcement of antitrust law has recently become an important issue in Europe. Most obviously, Europe and its businesses and citizens would profit from a stronger competition culture. It can be assumed that an appropriate degree of private enforcement can promote this. In the Courage the ECJ expressed its support of private enforcement, indicating that ''the existence of such a rig

The Interface between Intellectual Property Rights and Antitrust law: An Overview of the Microsoft Proceedings in the US and EU.

Some very significant developments in antitrust law have occurred in the last decade. Many have involved a software company that is enabling the creation of this document. Of course, I am referring to the Microsoft Corporation. Both the case, which ended in a settlement agreement in the US, and the case that is under appeal in the EU will have solemn implications for the future of technology, inno

Proposal for a Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights: efficient instrument or inadequate mechanism?

Due to the development of technology, the value of the IP protected goods increases, and so does the harm done by the infringers. The TRIPS Agreement expressly provides for criminal sanctions for the serious cases of trademark counterfeiting and copyright piracy where the offences are committed willfully and on commercial scale. The TRIPS Agreement also reserves a possibility for introduction of m