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The principle of ne bis in idem is one of the fundamental principles recognizing human dignity in criminal procedures. The principle's objective is to convey legal certainty to the individual. It aims to ensure this by prohibiting 'double jeopardy', i.e., an individual cannot be subjected to criminal proceedings more than once for one and the same - allegedly criminal - conduct after o
Today the practice of torture around the world continues being widespread and rampant and Latin America is not far from that reality. Although, many countries in Latin America have overcome civil wars and authoritarian governments that used torture as a means to silence the disagreements of political opponents or to fight against the enemies of the State, the practice of torture continues being pa
The legal environment in the area of patent pools in Europe and the US has experienced significant development over the past few decades. Today, the antitrust treatment of patent pools generally favors patent pools provided they meet a robust set of ex ante antitrust safeguards. Despite some inherent differences in antitrust laws, including rules on technology licensing, both sides of the Atlantic
In August 2008, Georgia was engaged in an internal armed-conflict with its breakaway region of South Ossetia, which shortly after, grew into a large-scale war with Russian Federation. In the course of the war, hundreds of civilians became victims of the international crimes committed by belligerent sides. Hence, the central issue of my research is a post-conflict justice. In particular, if there e
The purpose of this thesis is to criticize the Commission's approach to the application of Article 82 to the exclusionary abuses of the dominant firms. It is a very interesting and hot topic as the attitude of the Commission and the European Courts have many implications on the consumer welfare and total efficiency in common market and innovation capacity and the economic development of the Eu
Financial services sector is fundamental to economic growth and development in all advanced economies. Financial services such as banking, savings and investment, insurance, and debt and equity financing constitute a nation's economic engine by fulfilling three core functions in the economy. Firstly, these services provide financial intermediation functions between savers/investors that are lo
The use of force plays a major role in achieving foreign policy goals. States have resorted to engaging maritime security zones, including naval blockades and maritime exclusion zones, to put pressure on the enemy. In establishing these zones, States are in effect exercising security jurisdiction at sea. Naval blockades aim to prevent sea traffic to and from enemy ports and are enforced through se
The expansion of biotechnology applied to agriculture has drastically changed traditional farming in recent decades. New plant varieties and techniques developed by life-science corporations guarantee more efficiency than traditional methods at relatively low costs. This feature resulted in many biotech creations (such as GM plants) being rapidly adopted by countries with agriculture-based economi
Since 1906, the principle of utmost good faith has been codified into the Marine Insurance Act 1906(MIA 1906) throughout the decision of Carter v. Boehm (1766) 3 Burr. 1905. case. According to Section 17, ''the insurance is uberrimae fidei''. It follows the principle of utmost good faith is the fundamental basis of the marine insurance contract. ''If the utmost good faith b
In view of creating a common area of freedom, security and justice in the European Union, its Member States have increased their cooperation and coordination in the field of border protection and migration management. Over the last years they have focused on the 'external dimension' of border protection and have shifted their border controls away from their territories. They have put into
Due to the globalization with free labour transfer, migrant workers are unavoidably the most targeted group for human trafficking business. Trafficking in persons is a global issue because of its engagement with the international organized crime. Apart from that, as the Protocol on Trafficking in Persons has been in force since 2003, States have turned their attention to the issue and many of them
Copyright law has developed over the last years in such a way that the private interests of right holders are favoured, and users remain in the shadows of the big commercial benefits. There are many advocates for extension of copyright protection as well as for its abolition. This work focuses on the human rights aspect of copyright. It does not claim that copyright protection should be eliminated
The exhaustion doctrine (also known in some jurisdictions as the ''first sale doctrine See U.S. Copyright Code Section 109(a)'') is one of the basic rules of intellectual property (IP) system, and is applied to many IP rights, from copyright to trademark. The term ''exhaustion'' or ''first sale'' describes the concept of this rule, where, after the &
The purpose of this paper is to provide a brief discussion of recent developments regarding prohibition of discrimination under the International and European human rights and Turkish legal system. Principle of equality and the right to non-discrimination is among the fundamental human rights. Discrimination is a violation of human rights and fundamental freedoms. Various forms of discrimination a
Can human rights education be used to implement the Convention on the Rights of the Child (CRC) in the education system of developing countries? Can this be a way to advance child rights not only at school but also in the rest of the community? How could human rights training be used to implement the CRC's holistic approach at the global and domestic levels? These are just some of the question
The new Chinese merger control system has started operating since the Anti-Monopoly Law entered into force on August 1, 2008. It is very important for multinational enterprises who are eager to expand their markets through M&&semicA transactions to understand the current situation and the potential challenges in this new regime. This thesis provides an overview of the regime at six aspe
Throughout the world, harmful traditions to women are carried out within the family, e.g., female genital mutilation, forced marriage and dowry murder. Honour killing practice is considered to be the extreme form thereof for its violent consequences on females' right to life. The practice refers to crimes directed toward women on the ground of gender&semic crimes 'whereby the family ki
EUs institutional and historical particularities create challenges for the organization when promoting international criminal law in general and ICC in particular. This has however not hindered EU from emerging as a staunch supporter of the ICC. To this end, the Presidency, the Council and the Commission have acted with one voice to promote ICC.EUs position towards ICC is formalized through the ad
This thesis examines the impact on traditional knowledge holders' right to culture of corporate appropriation of traditional knowledge for the purpose of developing new medicines. The questions addressed are: - Does the behaviour of pharmaceutical companies in relation to traditional knowledge infringe on the right to culture of original knowledge holders? - What regulation of bioprospecting a
