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Investigate the reasonable way of introducing the competition concept into Vietnamese law
As a tool to implement competition policies, Competition laws play important role in protecting and encouraging competition environment in market economy, guarantee the freedom of economic activities and the effective functioning of market mechanisms. Therefore, the competition laws have achieved more practical importance nowadays, and become indispensable components of legal structures in many co
The aftermath of Inspire Art-Applicability of the real seat theory and grounds for justification
Judicial Review and Judicial Activism of the European Court of Justice and the United States Supreme Court
Judicial review, power exerted by supreme judicial bodies to examine constitutionality of the actions of the legislator and the executive and declare them void if they violate the constitution, is a powerful instrument in hands of judiciary. First introduced in the United States by the Supreme Court as a constitutional principle it has spread all over the world and has been widely exercised by suc
Repackaging of Pharmaceuticals: Safety, Free Movement, & Intellectual Property Rights
Should motherhood have an upper age limit, and if so, would that constitute age discrimination? - A contextual analysis of artificial reproduction and age in the Swedish healthcare system -
Artificial insemination using the husband's sperm (AIH) and artificial insemination using sperm from a donor (AID) are artificial techniques which have been used for a long time, however, other forms of artificial procreation such as, in vitro fertilization (IVF), egg donation, embryo donation, and surrogacy are seen as truly modern reproductive techniques and did not come into use until the m
Media Intrusion into the Private Lives of Celebrities
The question addressed by this thesis is to what extent celebrities enjoy the right to privacy when the media prints photographs of them or private information about them. In order to answer this question, the strength of freedom of the press and freedom of expression is examined, since determining the right to privacy in relation to media intrusion involves balancing the right to privacy with fre
The Moral Rights of Performers from a Human Rights Perspective
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