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Partnerships on Development
In this thesis, emphasise is on the positive impact companies that can have on the fulfilment of human rights. Regarding human rights and business, one can mainly read about companies' violations of human rights. In my opinion, this negative approach will not stimulate them to improve their policies and performances. A more positive approach can be a motivation for companies to take the opport
Human Rights as Born in Europe and Its Fate in China: a Historical/Structural Analysis
Human rights have their roots in citizen's rights. The development of citizen's rights has been centring on property rights. Property rights own its root to Rome. Private property rights are crucial elements in the Roman law, but were less recognized in the Middle Ages. Then it revives in the medieval cities. This thesis explores the development of property rights in Europe with the transf
Trafficked Women as Refugees. Sexually exploited women as 'members of a particular social group' under International Refugee Law.
This study aims to revise the possibility of interpreting the 1951 Refugee Convention to include female trafficked victims who might suffer from persecution if deported back to their home countries, in the definition if the Convention as members of a 'particular social group'. Trafficking in women for the purpose of sexual exploitation is one of the most profitable 'markets' in the
Developments and Obstacles to the Right of Access to Medicines: A Study of Human Rights, International Trade and Pharmaceutical Business
The right of access to medicines has challenged the common perception that economic, social and cultural rights, due to their progressive character, are aspirations rather than a legal set of obligations. It has received strong and sustainable global support and has achieved a remarkably detailed legal definition within the UN human rights system, including the provision of access to essential med
The Implementation of Transitional Justice in Post Conflict Situations: Case Study of Aceh and Papua
Armed conflict, either internationally or internally, has caused great sufferings to the victims and society as a whole. It constitutes a situation where the rule of law is absent and human rights are no longer respected. Even though various preventive endeavours have been campaigned and implemented by the international community, the occurrences of armed conflicts are still inevitable due to poli
The Lesser of Two Evils! Genocide, Persecution and Cumulative Convictions at the International Criminal Court
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
Appeasing Aristotle: Analyzin the EU Reception Directive's Failure to Uphold the Right to Health for Asylum Seekers in Europe
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
Aliens and Labour Laws in East and Southeast Asia: Labour Rights of Low-skilled Migrant Workers in Singapore, South Korea and Japan
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
Telling History: An Effective Means of Safeguarding Human Rights?
A RACE BETWEEN EDUCATION AND CATASTROPHE? THE ROLE OF MINORITY ISSUES IN THE PREVENTION OF CRIMES UNDER INTERNATIONAL LAW
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
The Application of Minority Rights to Muslims in Denmark, Germany and the United Kingdom
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
Intellectual Property Reform in Russia: Analysis of Part Four of the Russian Civil Code
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
The right to life in internal armed conflict: a study of the Chechen cases before the European Court
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
Protection of property rights under the European Convention on Human Rights and the Russian national legislation
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
Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives
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
Considerations on the ICC exercise of jurisdiction in the light of past International Criminal Law experience
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'
Combating Trademark Counterfeiting with Border Measures- Serbia as a case study
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: "&semicCounterfeit trademark goods shall mean any goods, including packagin
Changing Patterns of Creditor Protection in the EU:A Focus on Mandatory Disclosure
Business actors and serious human rights violations: where do courts draw the line?
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
