Sökresultat

This paper seeks to assess the legality of multiple convictions of different offences based on the same set of facts at the International Criminal Court, in particular genocide and persecution as a crime against humanity. The situations in which these crimes ordinarily take place are such that one is rarely dealing with a single offence, but a multitude of offences. The events that took place duri

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

Japan has not officially accepted low-skilled foreign workers. Instead it has opened 'the backdoor' and accepted 'industrial trainees'. They are not given the status of workers and they are thus out of protections of labour laws. There have been many media report about abusive cases they suffered. In spite of that, the Japanese government has no intention to abolish the scheme. Wha

Minorities are the part of a population that suffer most from conflict and are most likely to become victims of crimes under international law. This is acknowledged by one of the fundamental principles of minority rights law, namely the contribution to peace and stability. Furthermore, the major international legal instruments governing the rights of minorities relate to this objective, by setting

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

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

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

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

The topic of this graduate essay is 'Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives'. The purpose of this thesis is to examine how trade secrets are protected at the international and regional level&semic to analyze how international requirements are implemented in Latvia as well as to propose feasible improvements in a model of legal protectio

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'

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: &quot&semicCounterfeit trademark goods shall mean any goods, including packagin

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

This article will analyse features on two primary laws, the BL and the GPL, on public procurement and latest progresses of its regulations for implementing in China and provide an overview of the structure for the public procurement implementation. In particular, it will give a critic assessment on the inconsistence in legislation as well as implementation in China's public procurement regime

This study is an attempt to analyse whether the Human Rights based approach is a viable tool towards implementing the right to development consequently attaining the right to food in Malawi. The question to be determined is whether the unfreedom from hunger of vulnerable and marginalized groups can be overcome by implementing development programs relating to the right to food as a component of the

The rationale behind trademark law is to protect business goodwill and reputation, but the ultimate benefactor is the public. The trademark as a badge of origin serves as identifier of quality of the products, and thereby facilitates the public in eliminating the confusion about the source of products. Over the last two decades or so, the trademark law in many jurisdictions of the world has signif

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

It is frustrating for every reasonable human being to observe scenes of exploitation around the world in respect of children, because of their either naivety or vulnerability. It is unacceptable that still in the 21st century, children do not benefit from the protection, attention and love they deserve. An estimated 300 million children worldwide are subject to violence, exploitation and abuse inc

The number of situations where both people and nature are harmed by human activities are increasing in the same pace as mankind is augmenting its control and so called 'development' of the Earth. Although previously much debated, we have passed the stage when protecting human rights and preserving the environment were seen as conflicting interests. Instead we have reached the conclusion th