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Software patentability: European Answer.

This paper attempts to analyse the legal protection of software in Europe and reviews the current legislative developments in the European Union (EU), particularly with regard to the European Council (EC) draft directive for patentability of software-implemented inventions. It analyses the current EU legislation and considers how the proposed Directive improves such legislation and also points to

What is the Role of Professional and Civil Society Organisations Beyond International Legal Mechanisms of Implementing Human Rights Treaties?

The thesis is divided into six chapters. Chapter 1 is the introduction while chapter 2 really starts the discourse. Chapter 2 is titled, the Challenges of Implementing International Human Rights Treaties-Background, it outlines the international mechanisms of implementation envisaged by the treaties and indicates that the treaties originate at the international plane but are designed for implement

The Potential Impact of an International Human Rights Law Clinic on Issues of Access to Justice in Africa

This paper will begin on the premise that international human rights law provides an efficient framework and a good forum to address issues of social and economic justice in a comprehensive and holistic manner, in the first place. Secondly, that this immense potential is under utilised because international and regional forums are inaccessible to the people whom they have been set up to protect. T

Linking Trade with Labour Rights: the ILO Garnment Sector Working Conditions Improvement Project in Cambodia

As of January 1, 2005, it will no longer be allowed under international trade rules for one country to impose import quotas on textiles and garments on another country. It is widely expected that the expiration of the 1974 Multifiber Arrangement will lead to a drastic re-shuffle of garment production and trade patterns. Where a number of countries were previously guaranteed a share of the European

The Right to Resistance in Occupied Territory

Resistance movements in occupied territory have been accepted as a concept since WWII. However, the exact characteristics of these movements and which rules apply to them, their rights and duties, have never been really clear. This thesis looks at the development of the concept of organized resistance movements and the efforts to regulate such organizations in international humanitarian law, culmi

Crossing the Rubicon: Enforcing the international legal responsibility of transnational corporations for ius cogens human rights violations

The objective of this thesis is to comprehensively demonstrate the existing extent, and the nature of the Ius Cogens Human Rights Obligations of Transnational Companies and their enforcement in the international law. The existing international human rights law is mainly state-centric as it creates obligations primarily upon States to promote human rights. Apart from that one can outline an affluen

International Legal Aspects of Punitive House Demolitions in the Occupied Palestinian Territories

Throughout five chapters, the thesis deals with the issues of international humanitarian and human rights law arising out of the practice of punitive house demolition, that is repetitively utilized in the Occupied Palestinian Territories by the Israeli authorities, in response to the acts of insurgency/terrorism. The first chapter (Introduction) enables the reader to get a glimpse of the precise o

Detention- a measure of last resort only and for the shortest period of time? A field study of children held in police cells while awaiting trial in South Africa

Detention as a measure of last resort only for the shortest period of time? This is the title of the thesis and also the key question to be investigated. Children involved in the criminal justice system are far too often infringed upon their fundamental human rights. As a result children are subject to maltreatment, neglect and abuse. According to the law, the rights of the child shall in all situ

International Law against Corruption - An Icelandic Perspective

Corruption, in one form or the other, is a worldwide problem and harmful to public interests. In this thesis an effort is made to define corruption, its main causes are discussed and its many harmful consequences for economic development and governance. In this connection the main emphasis is on the links between corruption and internationally recognised human rights standards, i.e. how corruption

Comparison of EC and Vietnamese Competition Laws: Anti-competitive Agreements

The EC Competition Law has always played an important part in Community Law. Paul Craig and Gráinne de Búrca, EU Law Text, Cases, and Materials, 3rd edition 2003, page 936 This law, with its two fundamental provisions known as Articles 81 and 82 governing anti-competitive behaviours, has made great contribution to the achievement of one of the objectives laid down in the EC Treaty: ensuring that &

Some issues concerning the Functionality of Trade marks in the EU and in Vietnam

This thesis is divided into 6 parts. In the 1st part, there are some general remarks concerning the rationale for the choice of topic and the methods used for researching and delimiting it. In the 2nd part, various systems of international and national legislation regulating trade marks are introduced. There is also a very short introduction to some general trade mark issues. The notion of trade m