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This thesis is about cultural rights, one of the less discussed categories of human rights. Although seldom mentioned in the human rights discourse outside of the context of economic, social and cultural rights, cultural rights are important on their own. They are present in many international conventions and declarations, as well as being one of the main areas of concern for UNESCO. The thesis be
Even though the Community is based upon the principle of an open market economy with free competition, there are certain exemptions to this notion. One of the exemptions is the fulfilment of services of general economic interest, an exemption that elucidates the delicate conflict of interest between Member States' prerogative to provide accessible and affordable public services, and the Commun
In February 2000 the Commission of the European Community presented the long awaited White Paper on Environmental Liability. The White Paper outlines the key elements for a future directive on environmental liability, covering contaminated soil and subsoil, water pollution and damage to biodiversity. The directive will be a framework regime containing essential minimum requirements to be completed
The trademark term has grown and evolved with time. Promoting phrases, i.e. slogans, are one type of mark that may be protected through trademark law. However, this process has not been simple. The inherent characteristics of slogans have caused great hesitation regarding their protection. Slogans consist of a number of words, sometimes full sentences, and often, include advertising messages. Can
Convertible preferred shares are, the most frequently used investment instrument in venture capital or private equity investment. The various rights associated with these shares make them more valuable than ordinary shares. A vital feature, at least for the US venture capitalist, is the conversion right that is the right to convert a preferred share into an ordinary share. For the right of convers
This thesis is essentially a political jurisprudential case study of two labor disputes and their judicial aftermaths. The two cases studied are the highly publicized Laval and Viking cases, and the theoretical model employed is Alec Stone Sweet's model on judicialization and the construction of governance. The paper is made up of six sections. After the introductory section, I introduce the r
The Russian federation has experienced significant changes during the last century. Tsarist Russia, the Soviet Union and today's democratic Russia are three entirely different societies, with different economic and legal realities. The transition from planned economy to market economy, from communism to democracy has not been easy and has demanded significant changes in the legal system. Civil
Commercial sexual exploitation of children (CSEC) has been a major cause of concern in recent years. The term CSEC is used to describe the various activities exploiting children for sexual purposes and includes trafficking of children, child pornography, child prostitution and sex tourism. The sexual exploitation implies that the child is not only sexually abused but that it has a value on a marke
The term self-determination is embedded in much difficulty. It is a term whose meaning has developed considerably from its first intended usage. Today, in a world that is in several respects becoming smaller and more conformed, certain peoples claim rights they have previously not been granted in order to protect their subsistence and preserve their culture. The Sami is one of these peoples. This
The emergence of the Internet has created a new legal climate where borders have become increasingly diffused. A risk of unlawful use of material distributed on the Internet is more than a threat&semic today it is reality. The range of unlawful material is immense and copyright holders are missing out on important revenues. Consequently, the Directive on Copyright in the Information Society of
The strive for international justice have existed for a very long time. We have seen attempts been made to achieve this goal by for example the creations of the Tribunals for former Yugoslavia and Rwanda. The idea has been to prosecute and hold war criminals responsible for their actions. The most recent attempt to establish an international legal system was first made in 1989, when the process of
The basis of this thesis is the exit problem in close corporations and the protections available to the minority. The phase one of the problem is when oppression takes place, which includes actions when dividends are withheld and excessive bonuses are paid to the majority, leading to the unfair treatment of the minority. Phase two of the problem is the exit problem itself, the minority owner's
Over the last decades business has become increasingly globalised and corporations are no longer limited by national boundaries. As a consequence many states have abolished their exchange controls, that is to say, the rules that controlled the transferring of money or other assets abroad. The abolition of exchange controls, however, provides opportunities for tax avoidance. Since companies are tax
The global mobility is constantly increasing and numerous of international groups have recognised the need for a dynamic workforce. In order to adapt to the international market and to widen the knowledge within a multinational group, employees are seconded between affiliated companies. The secondment of an employee puts several questions of taxation to the fore. Primarily, the issue as to where t
