Davis, Susan S.
Discusses copyright issues: what can be copyrighted, rights of copyright holders, avoiding copyright infringement, using copyrighted works, and addresses for more information concerning copyright laws. (CT)
Analyzes the Alex Caughran article on the teacher and the copyright law, concluding that copyright law is a complicated field and to oversimplify it is a disservice to teachers. See also CS 705 949. (RD)
Sweeney, Phyllis C.
Copyright and fair use laws that regulate educational materials seem to be fairly well understood by the U.S. courts and educators for use in face-to-face (f2f) classrooms (Post and Trempus, 1998). Ever-changing revisions to these laws blur the distinction between tangible and intangible materials shared with students in f2f, online and hybrid…
Rhoads, Jacqueline; White, Carolyn
The authors present essential information regarding the copyright law and online education. This information provides the reader specific aids to assist in designing and implementing distance education courses within the bounds of the Technology, Education, and Copyright Harmonization Act and fair use guidelines. From their research, the authors, who are distance education experts, offer a wide array of educational and legal data to inform nurse educators.
Helberger, N.; Guibault, L.
Purpose - This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach - Following a normative approach to copyright and consumer law
Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic
... copyright law. 354.1 Section 354.1 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF... Material questions of copyright law. (a) Discretionary referrals. The Copyright Royalty Judges may seek guidance from the Register of Copyrights with respect to a material question of substantive law, concerning...
McGrail, J. Patrick; McGrail, Ewa
Current copyright law was formulated before the digital technology became widely available and well before Web 2.0 changed the way that information is created and shared. J. Patrick McGrail and Ewa McGrail argue that copyright law has failed to keep up with the social and legal changes that have accompanied the technological developments of the…
Castendyk, O.; Dommering, E.; Scheuer, A.
European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual
Forsythe, Ralph A.; Nolte, M. Chester
The historical and legal background of the Federal Copyright Law with special implications for education was studied within five general areas of concern. The areas included: (1) historical development, (2) copyright revision issues, (3) principles of copyright law embodied in state and Federal statutes, (4) decisions of the courts pertaining to…
‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor
This article acknowledges the conflict between copyright law and freedom of expression right in South Africa; it recognises the tension and conflict of the fundamental rights that is evident in the two case laws discussed. The author laments the absence of copyright provisions under the Bill of Rights of the Constitution as laid ...
Blackwell, Cindy; Jones, David
For many educators the fair use provision of the Copyright Act of 1976 and the subsequent Technology, Education, and Copyright Harmonization (TEACH) Act offer "carte blanche" use of various forms of media in the classroom. As Siva Vaidhyanathan (2001) notes, "Copyright myths have had as much power as copyright laws" (p. 5). The…
Discusses copyright laws and litigation that have implications for online copyright. Highlights include the Sonny Bono Copyright Extension Act; the Digital Millennium Copyright Act (DMCA); Eldred v. Ashcroft; tradeoffs between private interests and the public domain; and intellectual property licensing. (LRW)
Music Educators Journal, 1978
On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…
This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...
Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik
, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...
Stern, E J; Westenberg, L
Desktop computer hardware and software provide many new and accessible avenues for increased academic productivity, but some activities may have legal implications. The advent of technologies such as scanners, the ever-increasing number of electronic bulletin boards, and the development of the "information superhighway" affect the concept of copyright and require authors and publishers to reconsider their legal rights and obligations when they create or publish new works or modify existing ones. For example, with desktop scanners, almost any image, published or otherwise, can be copied, enhanced, and manipulated. Moreover, many radiologists have access to copyrighted digital radiologic teaching file images, such as those from the University of Iowa or the University of Washington, which are available (and "downloadable") on the Internet. Because "downloading" (or "uploading") a document or image is essentially making a copy of that document or image, copyright laws and the rights that they afford authors are involved.
Hugenholtz, B.; Quaedvlieg, A.; Visser, D.
On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been
Lando, Ole; Beale, Hugh
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...
Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred
I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.
Terra, B.J.M.; Wattel, P.J.
This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC
Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.
This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through
de Miranda Branco Tomé Quintais, J.P.
The large majority of the EU population uses the Internet. For many individuals, their online acts of enjoyment and expression are restricted by copyright. For users and rights holders alike, the existing model of exclusivity with enforcement is problematic. Online enforcement is either impossible
Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....
Primavera De Filippi
Full Text Available Cloud computing technologies are commonly used for delivering content or information to users who no longer need to store this data onto their own devices. This is likely to have an important impact on the effectivity of copyright law in the context of online applications, insofar as the underlying infrastructure of the cloud is such that is allows cloud operators to control the manner in which and the extent to which users can exploit such content - regardless of whether it is protected by copyright law or it has already fallen in the public domain. This article analyses the extent to which the provisions of copyright law can potentially be bypassed by cloud computing applications whose interface is designed to regulate the access, use and reuse of online content, and how these online applications can be used to establish private regimes of regulation that often go beyond the scope of the traditional copyright regime.
A Directive of the European Union was first published in 2000, which dealt with telemedicine as part of its provisions. This E-Commerce Directive, as it became known, was subjected to further study which revealed some problems relative to the practice of telemedicine. Among the subjects discussed in this paper are those of privacy, data protection, free movement of services, the impact of electronic communication and ethical issues.
The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us, and this is presen......The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us...
Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree ...
This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.
This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service of the Eu......This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service...... of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its member states and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep...
Hammer, U.; Roggenkamp, M.M. (eds.)
The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear
Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.
Reinhard Zimmermann and Simon Whittaker, Good Faith in European Contract Law, pp 720, ISBN 0 521 77190 0, Cambridge University Press, Cambridge 2000. This is the first publication resulting from the Trento Common Core of European Private Law project. It analyses the law relating to good faith in
In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...
Full Text Available Background. The 7th Framework Programme for Research and Technological Development is helping the European to prepare for an integrative system for intelligent management of biodiversity knowledge. The infrastructure that is envisaged and that will be further developed within the Programme “Horizon 2020” aims to provide open and free access to taxonomic information to anyone with a requirement for biodiversity data, without the need for individual consent of other persons or institutions. Open and free access to information will foster the re-use and improve the quality of data, will accelerate research, and will promote new types of research. Progress towards the goal of free and open access to content is hampered by numerous technical, economic, sociological, legal, and other factors. The present article addresses barriers to the open exchange of biodiversity knowledge that arise from European laws, in particular European legislation on copyright and database protection rights.We present a legal point of view as to what will be needed to bring distributed information together and facilitate its re-use by data mining, integration into semantic knowledge systems, and similar techniques. We address exceptions and limitations of copyright or database protection within Europe, and we point to the importance of data use agreements. We illustrate how exceptions and limitations have been transformed into national legislations within some European states to create inconsistencies that impede access to biodiversity information.Conclusions. The legal situation within the EU is unsatisfactory because there are inconsistencies among states that hamper the deployment of an open biodiversity knowledge management system. Scientists within the EU who work with copyright protected works or with protected databases have to be aware of regulations that vary from country to country. This is a major stumbling block to international collaboration and is an
Smith, Kevin L.
Copyright law is a source of a great deal of bewilderment and frustration to academic librarians. Beyond the basics of copyright protection and fair use, most librarians struggle to grasp the complexity of the law and the roadblocks it presents to access and use. This article attempts to elucidate some of those complexities by suggesting seven…
Philipsen, Nayna C
Copyright is federal law that creates a monopoly to protect the property rights of authors and creators and their original works. Copyright law creates an exception for classroom use, but educators must always give full attribution for any work they use in teaching.
van der Noll, R.; van Gompel, S.; Guibault, L.; Weda, J.; Poort, J.; Akker, I.; Breemen, K.
This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not,
Lan, Jiang; Dagley, Dave
Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…
The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)
Khan, Anwar (Andy); Hancock, Philip
Explores several issues involving provisions of the Australian copyright law that allow for "fair dealing for the purpose of research and study" in the use of copyrighted materials. Discusses liability of libraries for improper oversight of illegal photocopying of books and other copyrighted materials. Reviews recent efforts to improve…
Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.
Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.
Roberts, Jon L.
The ability to recover cost by the sale of geographic information is dependent upon the ownership of the copyright in and to that information. The ownership of the copyright turns upon whether one entity is an employee of the other or whether the copyrightable work falls within certain statutorily defined categories in the copyright law. Absent the specific requirements being fulfilled the ownership of the data may not be exactly as the parties expect.
Crews, Kenneth D.
Copyright in the world of digital information is changing at a fevered pace, even as educators and librarians digitize, upload, download, draw on databases, and incorporate materials into Web-based instruction. It's essential to stay abreast of the basics of copyright law and fair use. Kenneth D. Crews has completely revised his classic text to…
Full Text Available At the international level it is recognized that development and progress of the new and unique international organization – European Union – is one of the appropriate form of the international organization’s integration. Although European Union was establish as international economic organization, it has gradually integrated the various “best practices” ideas from different governmental systems. Encouragement and motives for cooperation of Member states indicate that member states give more competences of government to the international organization’s institutes. Wherewith, it is observed that the economic and political internationalization has led to disappearance of integrity of territory of member states. The above mentioned opinion is not based on research of the European Union as international organization from standpoint of international law, but from standpoint of theory law – could give juridical estimate regarding executive power in European Union and who could define particular source and entity of administrative law of European Union.
From its conception, the European Review of Private Law has tried, sometimes in vain, to publish Chronicles (‘Chroniques’) or Surveys of the main areas of private law: Contract, Inheritance, Property, Tort, etc. The idea of these Chronicles or Surveys is that, within a specific area of private
This paper explores the possible implications of leading contemporary theories of political philosophy for some of the main questions that the political institutions of the European Union will have to decide on concerning the future of European contract law. Thus, it explores what a utilitarian,
This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not connected directly by bonds of contract, and 3) relations between the network and the outsiders. The aim is to assess whether, and to what extent, European private international law is capable of dealing w...
Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...
LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T
This article is a continuation of the discussion of Copyright Law (found in JNPD 31:5) as it applies to nursing professionals. This part focuses on the definition of "work made for hire" and how nursing professional development specialists can both protect and share their own work. Many nurses assume that they own the works they create, but authorship is not necessarily the same as ownership. Misunderstanding copyrights could put one's job and hard work at risk!
Copyright law and cultural heritage policy are an odd couple. Although they have the same aims – or, more accurately, should have the same aims – they are often in conflict. Cultural heritage policy aims to preserve and make accessible works that are deemed to be part of our shared culture – books,
8 Summary European and Czech Principles of Contract Law This thesis is focused on principles of contract law. In the first instance, it explains the theoretical conception of principles of law and adverts to their status in the Czech legal system. The second Chapter of the thesis dissertates about basic principles of the Czech private law starting with the principle of freedom of contract, ends with the principles of good faith and fair dealing. The main part of the thesis deals with the Euro...
Olga M. Mesheriakova
Full Text Available Present article is devoted to one of the main problems for all integration communities –problem of implementation of the integration law norms in the national legal system of member states. Author, on the example of certain member states of the European Union considers mechanism of the European Union law action in it's member states. In the article constitutional norms of the number of member states which set a ratio of the national and European laws are analyzed. According to the principle of competence giving, member states voluntary transfer part of the competence to the European Union. Competences which are transferred to the member states are the competences of the European Union. In the course of research author investigates opinions of scientists and analyze regulations. Author pays separate attention to the question of the European Union creation. For example, author notes that consideration by the Federal Constitutional Court in Karlsruhe of the question of compliance of the Treaty to the Constitution of Germany became neither more nor less a most important milestone on the way of Treaty on the European Union ratification by Germany. In the decision on this matter Court defined a number of reference points for the purpose of possible excise if the European integration elimination out of those limits which are set for the government of Germany by its Constitution. The decision of the Constitutional Court of Germany though meant approval of the Treaty on the European Union in the political sense, it was nevertheless unambiguously directed against broad interpretation and federalist vision of the European integration. It is obvious that states, on the basis of constitutional norms may leave contracts that are burdensome for them. It concerns not only international treaties, but also Treaties of the European Union.
Derezka Gunti Larasati
Full Text Available The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the characteristics of song as a work is also important. This research is a qualitative research with prescriptive design. The research depicts the use of certain doctrines and/or theories as supplementary provisions to the Copyright Law in defining the originality of songs, which have specific characteristics resulted from their author’s creations and intellectuals.
LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T
This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.(See CE Video, Supplemental Digital Content 1, http://links.lww.com/JNPD/A2).
Geradin, Damien; Contreras, Jorge L.
This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by
This work examines the historical, philosophical and legal particulars relating to copyright law and intellectual property as an intangible work, as well as, the practical application of those rights with emphasis on the particular effects of computerisation and the emergance of the internet on the business results of the music industry. A question is raised as to whether it is businessly ethical for a legal entity to accrue considerable material gain as the result of illegal usage of copywri...
Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.
Holtermann, Jakob v. H.; Madsen, Mikael Rask
complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...
Julian Simon Stein
Full Text Available In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video games as a single 'multimedia work' rather than a product of many works of copyright.This article analyses the different types of original and derivative works contained in video games before evaluating the necessity and feasibility of a multimedia category of work, arguing in favour of the current system.
This paper has a double purpose. On the one hand, it offers a new history, based on recently discovered primary sources, of the driving forces behind the so-called ‘constitutionalisation’ of European law taking place in 1963-64. On the other hand, it uses the lessons of this new history to reflect...... on how a general history of European law should be written and in particular how to avoid the pitfalls that characterises mainstream research on European law. In the first part it is argued that the ‘constitutionalisation’ of European law was promoted by a broad coalition beyond the Court of Justice...... the ‘constitutionalisation’ of European law in the 1960s. This is in particular the case with the ‘integration-through-law’ paradigm that permeates most of the writing on European law even today. Concluding, it is argued that a general history of European law should avoid the adoption of mainstream conceptualisations...
Geert Van Hoorick
Full Text Available The Birds and Habitats Directives are the cornerstones of EU nature conservation law, aiming at the conservation of the Natura 2000 network, a network of protected sites under these directives, and the protection of species. The protection regime for these sites and species is not absolute: Member States may, under certain conditions, allow plans or projects that can have an adverse impact on nature. In this case compensatory measures can play an important role in safeguarding the Natura 2000 network and ensuring the survival of the protected species.This contribution analyses whether taking compensatory measures is always obligatory, and discusses the aim and the characteristics of compensatory measures, in relation to other kinds of measures such as mitigation measures, usual nature conservation measures, and former nature development measures, and to the assessment of the adverse impact caused by the plan or project and of the alternative solutions. The questions will be discussed in light of the contents of the legislation, the guidance and practice by the European Commission, (legal doctrine and case law, mainly of the Court of Justice of the European Union.
The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of
Copyright law, together with the market logic it carries, penetrates deeply into our daily life. The copyright regime is so restrictive that it turns a normal learning process into a series of potential copyright violations. The Free Software Movement (FSM) represents a substantial community effort to counter this trend. It seeks to supersede the…
Juniper, Elizabeth F
This commentary is intended to start a discussion about whether people should be allowed to modify, translate, adapt or sell copyrighted questionnaires without the permission of the developer (copyright-holder).
The copyright system has long been understood to play a critical role when it comes to the development and distribution of creative work. Copyright serves a second fundamental purpose, however: it encourages the development and distribution of related technologies such as hardware that might be used to duplicate creative work and software that can manipulate it. When it comes to issues of online infringement, then, copyright policy serves two goals, not one: protect the incentives copyright h...
Discusses issues in Australian libraries related to copyright in the digital environment. Examines what constitutes a digital copy; exceptions/limitations; the extent of liability of those who communicate/transmit digital copyright-protected works; how uses of material can be monitored/controlled; and the process of copyright reform in Australia…
Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.
Lavelle, Bridget M.
Since public libraries contain copyrighted works in the form of print, electronic or audiovisual sources, librarians and library paraprofessionals need to possess sufficient knowledge of United States copyright law to meet the information needs of patrons successfully and legally. A literature review revealed that minimal works address this topic.…
Australian Copyright Council, Sydney.
Some possible uses to which the photocopying of copyright works can be put under the Copyright Act of 1968 are explored. The topics considered are "substantial part," fair dealing in relation to research, private study and published criticisms or reviews, photocopying limitations, illustrations and multiple copies. The law, as…
Full Text Available Summary: Principles of European Insurance Contract Law (PEICL provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.
This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science
This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...
Yoon, Hee-Yoon; Kim, Sin-Young
One of the most important issues for world libraries at the present time is to extend copyright limitations and exceptions for reproduction, for library preservation and distribution services including lending and ILL/DDS, the printout and transmission of Internet information resources, copying of library materials which are rarely available…
Minus, Johnny; Hale, William Storm
This introductory-level book surveys all legal aspects of film and television production. In addition to central issues of copyright, lawsuits, dealing with lawyers, libel, insurance, taxes, union contracts and the Federal Communications Commission, important peripheral topics--such as raising money, buying equipment, distribution, pirate usage,…
Full Text Available This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. Some international research teams set up by European scholars and lawyers have been devoted to this aim for two decades. Time and effort have been made in the academic level to get a serious advance on bringing closer contractual national rules. This bottom-up approach met a stronger support in the last years although the European Parliament had “requested” the creation of a European Civil Code already in 1989. The momentous time comes in 2010 with a Green Paper from the European Commission on policy options for progress towards a European Contract Law for consumers and businesses. This Green Paper opened a public consultation period in 2011 and afterwards an expert group was appointed to draft a feasibility study for a future Instrument in European Contract Law. After all, a Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law was adopted in October 2011 arising not few doubts, worries and misgivings from different points of view. This will be not the last step in this process.
Full Text Available Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree of mobility and are also ephemeral and without any commercial value. It is accordingly difficult to justify in general terms copyright protection for photographs. Two of the main legal issues in this context are the criteria for originality and the meaning of the reproduction of a photograph. These two issues form the central point of discussion in this contribution.
Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...
Lyons, Patrice A.
There has been work going forward on the development of a frame of reference for locating and invoking digital information services and objects over communications systems and pathways having computational capabilities. An important concept in this context is the notion of a `digital object' as a set of sequences of bits, including a unique identifier for the object called a `handle.' A digital object may incorporate digital works and other representations of digital information in which copyright, patent, trade secret or other rights or interest are claimed, although this need not always be the case. For commercial enterprise to take full advantage of the global information infrastructure, it is helpful to develop a flexible terminology for thinking about digital information from a copyright perspective; in this regard, the concept of `digital work' will be suggested. Clearance of rights and interests in connection with the contents of digital objects should be treated separately from compliance with procedures for accessing digital objects viewed as entities that incorporate and identify contents. A suggested legal framework will be discussed.
Meulen, van der B.M.J.
This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and comparison to food law approaches in other parts of the
This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...
Lawhon, Tommie; Ennis-Cole, Demetria; Lawhon, David C.
Practical information on the necessity for community colleges, instructors, and students to understand and abide by the copyright laws is essential. Whether developing, structuring, maintaining, or presenting courses, or instructing students on the development of their own papers, one must be knowledgeable about plagiarism, the Fair Use Act, and…
Chou, Chien; Chan, Pei-Shan; Wu, Huan-Chueh
The purpose of this study is to explore students' understanding of cyber copyright laws. This study developed a two-tier test with 10 two-level multiple-choice questions. The first tier presented a real-case scenario and asked whether the conduct was acceptable whereas the second-tier provided reasons to justify the conduct. Students in Taiwan…
Mandeep Lakhan; Helmut Heiss
The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law) network, drafting a specific part of the Common Fr...
European Contract Law is still very much in development. So far, only piecemeal legislation on contract law has been enacted on a European level. Accordingly, many of the questions concerning which rules to decide on are still up for debate. One such debate concerns weaker party protection and more
S.E. Keske (Sonja)
textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the
Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts.Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.
Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts. Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.
Jordan S. Hatcher
Full Text Available The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.
Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.
Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.
In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin,...
Langran, Elizabeth; Langran, Robert; Bull, Glen
Consumers are inundated with sound and images. A child today may see more images in a week than an individual in the 19th century viewed in a lifetime. These images were presented in a read-only format throughout the 20th century. A child watching television was a passive observer. The inclusion of authoring programs such as iMovie and Movie Maker…
Sørensen, Jakob B; Torp, Kristian
Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....
This paper will argue that when contemplating the elaboration of a European civil law, Dutch law may have some interesting ideas to offer. From the wealth of thoughts offered by the General Reporter, only one particular thread will be taken up in depth. It is the protection of the weaker contracting
Rijswick, H.F.M.W. van
European and domestic national water law have witnessed a number of developments, which can be described as the development from a national territorial approach towards a transnational integrated approach. Initially, Dutch water law for example, sought to offer protection against flooding. More
Van Vooren, Bart
-historical context of political Union, this thesis first argues why coherence is an issue at all in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. Subsequently, the text examines the role of EU external relations law in attaining a coherent...
Cherednychenko, O.O.; Micklitz, H.-W.
Although it seems to be undisputed today that the harmonisation of private law in the EU cannot take place without due regard for fundamental rights, many questions still exist as to how and to what extent European private law can and should be influenced by fundamental rights. This chapter aims to
Terra, B.J.M.; Wattel, P.J.
This book is intended as a textbook for students reading tax law or EC law. It offers a systematic survey of the tax implications of the EC Treaty and of European integration and of the EC tax harmonization policy, a discussion of the Community tax rules in force, and a discussion of the EC Court's
Storgaard, Louise Halleskov
In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...
Díaz, Gerardo Con
This article is a case study in the history of software copyright in the United States from 1974 to 1978. It focuses on the work of a group called the National Commission on New Technological Uses of Copyrighted Works. CONTU, as this group was known, faced the problem of choosing which ontology of software-by which I mean a conception of the nature of software as an invention-should serve as the conceptual underpinning for the law of software copyright. In particular, the commissioners needed to decide whether computer programs are texts, machines, means to communicate with machines, or many of these things at once. CONTU's history shows how the discursive emergence of software as a new technology has been shaped by the convergence of commercial interests, the transmission of technical knowledge to lay audiences, and idiosyncratic views on the nature of information technology and human creativity.
The aim of this thesis is to offer a straightforward manual to anyone who authors their own original work or who utilises the original work of other creators. As such, it is necessary to briefly and clearly explain the historical development and essential terms of authorship as a concept and the origin of the need for copyright protection. Furthermore, this thesis includes chapters on copyright protection development specifically in the Czech Republic and the current definition of related law...
The first part gives an overview on the implementation of the Electricity Directive 96/92 in the member states of the European Union and on the still missing preconditions for a single market in the electricity sector. The second part deals with the main elements of the European merger control (market definition, market domination), the decisions in the electricity sector and analyses the impact of the Electricity Directive 96/92 EG on future merger decisions in this sector. The third part examines the role of the articles 81 and 82 EGV to secure competition in the electricity market. (author)
Mihaela V. Cărăuşan
Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.
Werlauff, Erik; Dorresteijn, Adriaan; Monteiro, Tiago Pereira
As in the First Edition (1995) of this well-known book, the authors demonstrate that analysis and comparison of national corporate laws on a number of issues yield highly valuable general principles and observations, not least because business organisations, wherever located, tend to show...
Luzak, J.; Bobek, M.; Prassl, J.
This paper compares the existing rights granted to consumers when they purchase services in the EU, whether in a shop or within a distance selling scheme, with the provisions of Regulation 261/2004. While the works on the new European rules on air passengers’ rights are still ongoing it is important
Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.
Should consensus with the utilities not be reached, Federal Minister for the Environment, Mr. Trittin, repeatedly announced to introduce opt-out legislation 'by dissent'. Both the constitutionality of such legislation and its compatibility with European law are topics of controversial debate in the literature. The decision taken by the Bavarian cabinet on February 8 in this year, to use all political and legal means against shutting down German nuclear power plants and, for this purpose, even to approach the European Commission on grounds of potential violation of European law, are reason enough to deal in more detail with the compatibility of an opt-out law with the Euratom Treaty and the EC Treaty. As the opt-out law does not yet exist, these considerations can only be of a theoretical nature. However, this is the working hypothesis assumed: Reprocessing is banned as of the entry into force of the opt-out law. This ban includes moving nuclear waste abroad for reprocessing. The peaceful use of nuclear power for electricity generation in power reactors operated for thirty years is forbidden. Older reactors may be run only for a transition period of another three years. (This includes abandoning the promotion purpose in the German Atomic Energy Act and a ban on building new power reactors). However, the operating life may be distributed in a flexible way. This contribution indicates that there are sound reasons and interesting approaches, respectively, in the literature for assuming that opting out by means of legislation, coupled with a ban on reprocessing, at least constitutes a violation of the freedom for goods and/or services. However, this cannot be derived unequivocally from either the Euratom Treaty or the EC Treaty or from rulings by the European Court of Justice. Ultimately, compatibility with European law of the ban on reprocessing can be decided only by the European Court of Justice. (orig.) [de
Oosterom, A.R.; Boumans, L.
An overview is given of the lectures and presentations at the title seminar, which was held in Noordwijk aan Zee, Netherlands, 30-31 May 2005. The seminar was organized by the Dutch Association for Energy Law (NeVER), the Scandinavian Institute for Maritime Law of the University of Oslo, and the Groningen University. The subjects presented concerned recent developments with regard to the internal (European) energy market, LNG, developments in the North Sea area, supply security and quality in a competitive market, reorganization of the European market for natural gas in the light of the liberalization process and privatization of the energy sector [nl
Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.
In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses...
This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is
This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy
Holwerda, J.M.; Mueller, H.K.; Mutsaers, A.
The 24th European Energy Law Seminar was held in Noordwijk aan Zee, Netherlands, 11-12 April 2011. The first day attention was paid to the liberalization of the energy markets, the climate and energy. The second day was dedicated to energy security, the upstream sector and development of energy infrastructure. [nl
Aparicio Fenoll, Ainhoa; Kuehn, Zoë
Educational attainment is a key factor for understanding why some individuals migrate and others do not. Compulsory schooling laws, which determine an individual's minimum level of education, can potentially affect migration. We test whether and how increasing the length of compulsory schooling influences migration of affected cohorts across European countries, a context where labor mobility is essentially free. We construct a novel database that includes information for 31 European countries on compulsory education reforms passed between 1950 and 1990. Combining this data with information on recent migration flows by cohorts, we find that an additional year of compulsory education reduces the number of individuals from affected cohorts who migrate in a given year by 9 %. Our results rely on the exogeneity of compulsory schooling laws. A variety of empirical tests indicate that European legislators did not pass compulsory education reforms as a reaction to changes in emigration rates or educational attainment.
Schovsbo, Jens Hemmingsen; Petersen, Clement Salung
On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary - the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...
Petersen, Clement Salung; Schovsbo, Jens Hemmingsen
On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary – the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...
Abstract: The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the...
Full Text Available Basically, Polish science of financial law quite broadly takes the problems concerning public finance of the European Union (EU. However, it should be noticed that the considerations largely refer to the detailed issues within the confines of individual branches of EU financial law, eg. in areas of tax harmonization or single financial market. At the same time there is an insufficiency or even minuteness publications with doctrinal and theoretical nature referring to the general and fundamental issues of financial law of the EU. There may be numbered such issues among others as definitions, scope and internal structure of this law, its legal sources etc. Generally two areas should be object of the basic scientific researches in reference to the issues mentioned above. First one is financial law of the EU and the second one – its influence and effect of this influence on Polish financial law. In this article there will be undertaken considerations referring to the first area aimed at defining the specifity and scope of EU financial law.
Full Text Available Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.
European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht
The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.
Beukenkamp, J.F.M.; Webbink, F.J.; Fenijn, A.W.C.; Klapwijk, C.L.
The Annual European Energy Law Seminar was held on 12 and 13 April 2010 at the Grand Hotel Huis ter Duin in Noordwijk, the Netherlands. This article reports on the meeting. The presentations held on the first day addressed various aspects of the Third Energy Package such as the issues of unbundling and third party access, the establishment of a European network of regulators, the collaboration of regulators and the ongoing market integration. Day 2 addressed security of supply and climate protection and the required investments. An overview is also provided of recent developments in the EU competition legislation. [nl
Full Text Available In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” will be introduced as an alternative. A specific focus will be maintained on the impact of different interpretive methodologies: in this way it is possible to underline the structure of “deep” and “superficial” disagreements in the context of European law. In order to illustrate this point, some notes on the recent Taricco saga will be developed. Finally, the relevance for European constitutionalism of deep disagreements on interpretive methodologies will be underlined.
Baumberg, Ben; Anderson, Peter
Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.
Valentine Charlotte ENE
Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.
Dr.Sc. Bejtush Gashi
Full Text Available Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.
Bätza, Hans-Joachim; Mettenleiter, Thomas
The Animal Health Act that replaces the Animal Disease Act, which is currently in force, creates a regulatory framework in order to not only, as has been the case so far, control animal diseases that had already broken out, but in order to already prevent in advance possible outbreaks of animal diseases by means of preventive measures. The instruments to this effect are described here. At European level, too, the idea of prevention is set to play a greater role in the future, with the draft EU legal instrument on animal health, that has to date only been discussed at Commission level, also contributing to a simplification and easier implementation by the persons subject to law by harmonising the currently fragmented Community law. It remains to be seen when the deliberations in the Council and European Parliament will begin.
The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.
Lee, Leslie A.; Wu, Michelle M.
The purpose of traditional copyright law was to encourage the creation of works based on and to ensure reasonable access to original thought. Despite this harmonious intent, an intrinsic tension exists between libraries and copyright holders, as the former promotes "free" access to information that ultimately reduces the income of the…
The present article attempts to show how important and easy it is to use authentic material in the classroom. However, the teacher who copies news reports from the Internet may infringe the copyright law. The article offers a comparative analysis of copyright laws in Common Law countries and the EU countries in relation to fair use. The article…
van Gompel, S.; Lavik, E.
This article examines the rule that no other criteria than originality shall be applied to determine the eligibility for protection of works, as contained in a few EU Directives on copyright (i.e. the Computer Programs Directive, the Term Directive and the Database Directive). While aimed to
... Here: Home → Copyright Information URL of this page: https://medlineplus.gov/copyright.html Copyright Information To use ... the Magazine and NIH MedlinePlus Salud The FAQs ( https://medlineplus.gov/faq/faq.html ) The same content ...
Anne L.M. Keirse
Full Text Available National law is increasingly influenced by European developments in a process characterized by the term 'Europeanization'. This contribution illustrates the magnitude by which this process of Europeanization continues to shape national contract law in the Member States. In particular, the focus is placed on the dynamic and interwoven interaction of legal scholars, legislators and the courts, on both a national and European level and hence they collectively form the driving force behind the process of Europeanization. The author demonstrates that employing a solely national approach is no longer a sustainable preference in the emerging European legal landscape. For this reason, the author calls for all stakeholders to partake in further debate concerning the future of contract law in the Member States.
Schulze, Reiner; Zuleeg, Manfred; Kadelbach, Stefan (eds.)
Soon after the first appearance of the Handbook of European Law, a second edition has become necessary. The first edition has been very reviewed and widely used in legal practice. A few months ago, the Lisbon treaty has led to far-reaching changes in the European law. The second edition of the Handbook of European Law takes the information needs into account as quickly as possible, clearly and in detail.
This article focusses on dysfunctions of European and German law in the face of mass migration. In particular, it reflects the German debate on the relation of domestic constitutional provisions and EU asylum law.
Kjær, Anne Lise; Palsbro, Lene
Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings by the pr......Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings...... by the professional elite of lawyers, who readily resort to ideological topoi of national identity and culture to support legal argument. Reporting from a comprehensive study on Danish academic and public debate on European human rights law, this article explores how the legal community of Denmark reacts emotionally...
Zupancic, Rok; Pejič, Nina; Grilj, Blaž
different types and levels of effectiveness, considering both means applied and ends achieved. In so doing, the article contributes to the general literature on operational conflict prevention and on the specific case of Kosovo. The empirical analysis is based on fieldwork and semi-structured interviews......This article appraises effectiveness in operational conflict prevention. By focusing on the European Union Rule of Law Mission (EULEX) in Kosovo, it assesses the most extensive civilian Common Security and Defence Policy mission so far. Contrary to prevailing assessments, it posits that EULEX......, despite its challenges and deficiencies, presents positive contributions to operational conflict prevention, and peace-building. This is uncovered through structured focused analysis according to effectiveness criteria and success indicators that allow for identification of and distinction between...
AA.VV; IUDICA G.
European private law in principles, definitions and model rules. The volumes contain the results of the work of the Study Group on a European Civil Code (the “Study Group”) and the Research Group on Existing EC Private Law (the “Acquis Group”). The former Commission on European Contract Law (the “Lando Commission”) provided the basis for much of Books II and III; it was on their Principles of European Contract Law (PECL)1 that the Study Group and the Acquis Group built. The Acquis Group ...
Mossialos, Elias; Thomson, Sarah; Ter Linden, Annemarie
This study aims to examine the impact of European Union (EU) law relating to information technology (IT) on health systems. The study identifies EU directives relating to IT, analyzes them in terms of their impact on the use of IT in health systems, and outlines their implications for health technology assessment (HTA). Analysis is based on a review of literature identified through relevant databases and Internet searches. Developments in IT have serious implications for EU health systems, presenting policy makers with new challenges. The European Commission has adopted a range of legal measures to protect consumers in the "information society" However, as few of them are health-specific, it is not evident that they have implications for health, health systems, or HTA, and they may not be effective in protecting consumers in the health sector. In light of the growing importance of IT in the health sector, legal and nonlegal measures need to be further developed at EU and international level. Where possible, future initiatives should pay attention to the particular characteristics of health goods and services and health systems. Although definitions of HTA usually recognize the importance of evaluating both the indirect, unintended consequences of health technologies and the legal aspects of their application, it seems that, in practice, HTA often overlooks or underestimates legislative matters. Those involved in HTA should be aware of the legal implications of using IT to provide health goods and services and compile, store, transfer, and disseminate health information electronically.
Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual
Derlén, Mattias; Lindholm, Johan
The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...
Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.
The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now
Full Text Available National higher education system has considerable scientific and educational potential. In higher education the educational process and scientific research are interrelated, and the scientific and teaching staff are the main participants of intellectual creative activity, that creates scientific works. Declaratively the state creates conditions for motivation (encouragement of scientists’ creativity, but universities generally do not pay compensation to the authors (performers for using the results of their intellectual activity, which indicates the absence of civilized mechanism of implementing the rights in this area. It is also an indicator of the absence of effective methods of copyright protection by the state. The study does not cover all the aspects of the target problem, because the prospect of the further study is seen in the matters, related to the emergence and implementation of copyright in higher education.
Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...
The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)
This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de
Brinduşa Camelia Gorea
Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.
The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.
This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.” This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...
A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de
胡心蘭 Hsin-Lan Hu
1970s, Law and Economics emerged as a wholly new field of legal research and study. Economics provides not only a behavioral theory to predict how people respond to changes in laws, but also a useful normative standard for evaluating law and policy. In the eyes of economists, laws are instruments for achieving important social goals, namely, resources allocative efficiency. In the area of Copyright Law, economic analysis has taken an important role in examining the conflict of interests between copyright owners and public. Scholars and experts of law and economics have been working to find out the most efficient way to allocate the scarce resource and to maximize social welfare – in copyright law, is the Constructional object of promoting the progress of science and useful art. In this article, the author will first introduce the movement of Law and Economic Analysis, and illustrate the development and the central contentions of different schools. The author will also present a briefly historical background of the U.S. Copyright Act, in which, the economic factors and the growth of technologies pour a heavy influence into the development of that Act. Next, the author will describe the various approaches employed by the Law and Economic analysis, through first defining some basic concepts of economics analysis, and then try to apply Law and Economic analysis to the U.S. copyright law, particularly in the copyright infringement cases which involved the application of Fair Use Doctrine, in order to survey the advantages and limits of the adoption of Law and Economic analysis, under the ultimate object of “Promoting the Science and Useful Art.”
Health law is intended to create an environment in which the promotion of health goes hand in hand with the protection of individual rights and the general principles of equality and justice. Over the years, the importance of health law has grown, both at national and international level. As health
Douma, S.; Kardachaki, A.
European Union (EU) law has played a key role in enforcing the EU BEPS agenda, while also introducing limits to the application thereof. The European Commission (EC) sees a clear link between aggressive tax planning and competition law. Against this background, EU State aid law has been employed to
Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law
Full Text Available The European integration process accompanied by the harmonization of the EU member states' legislation will inevitably lead to the establishment of a European social model which has a 'sui generis' legal nature. European social model forms a part of the common legal heritage of the European countries and it can be defined as a system of values that include democracy and individual rights, free collective bargaining, market economy, equal opportunities for all, and social protection and solidarity. Subject of analysis in this paper are both, the essential components of the European social model such as: the social 'acquis communautaire' and the European industrial relations. The social 'acquis communautaire' is an integral part of the general 'acquis communautaire' and it encompasses the regulations arising from the primary and secondary labour law legislation of the EU, decisions of the European Court of Justice and other legal measures of the European Union with a binding or non-binding legal nature. European industrial relations encompass the key features of the European trade union models as well as the types of social dialogue in different EU member states. This paper pays attention to a profound elaboration of the harmonization of two EU labour law directives with the Macedonian employment legislation. The first Directive (Directive 91/533/EEC of 14 October 1991 on an employers' obligation to inform employees of the conditions applicable to the contract or employment relationship may be classified in the field of individual employment relations, while the second one (Directive 2002/14/EC of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community can be subsumed within the field of collective employment relations. Finally, the authors illustrate the advantages and disadvantages of the Macedonian labour legislation in the process of harmonization with the relevant EU directives
Colombi Ciacchi, Aurelia
This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the
Jansen, C.E.C.; Zimmermann, R.
The Principles of European Law on Service Contracts (PEL SC) were drafted between 1999 and 2006 by the Tilburg Team of the Study Group on a European Civil Code (SGECC). A slightly modified version of the PEL SC has recently been implemented in Book IV.C of the Draft Common Frame of Reference (DCFR).
After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...
Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.
This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.
Most authors and publishers of electronic information believe that current copyright law does not address technical capabilities or reader uses and have turned to contracts or licenses to define the rights of owners and users. Discusses copyrights, fair use, and licenses and highlights licensing's unresolved issues: use and users; archiving;…
Aranđelović Jovan T.
Full Text Available The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .
de Weijs, R.J.
Insolvency law has finally become a field of law for which harmonisation at a European level is considered both important and feasible. In deciding upon the content of such harmonised rules, there will need to be a common understanding about the goals of insolvency law and, therefore, a European
Cauffman, C.; Rutgers, J.; Sirena, P.
The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an
Helberger, N.; Guibault, L.; Loos, M.; Mak, C.; Pessers, L.; van der Sloot, B.
This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to
Helberger, N.; Guibault, L.; Loos, M.; Mak, C.; Pessers, L.; van der Sloot, B.
This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to
According to the CFREU, the EU is founded on the general values such as values of human dignity, freedom, equality and solidarity. In addition, the TEU refers to a more political set of foundational values, ie respect for human dignity, freedom, democracy, equality, the rule of law and respect for
W.H. van Boom (Willem)
textabstractThis paper is devoted to a complex set of issues relating to the functions of tort law in distinguishing acceptable and unacceptable risks. Often, such risks are brought about by deliberate organisational design choice. On many occasions, legislators and courts are called upon to assess
There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice. PMID:20195428
There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice.
Elgaard, Karina Kim Egholm
The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic...... discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special...
An overview is given of the most important lectures that were held at the title symposium in Noordwijk, Netherlands, 23-24 September 2002. 18 presentations were attended by circa 120 participants from European countries. The subjects were public services, emission trade and green certificates. security of supply, interconnectors, and restructuring of natural gas markets in Europe [nl
Objections are being raised against the current reprocessing of fuel elements from German nuclear power plants in France and Great Britain on the grounds that, measured by German protection requirements, it cannot be regarded as 'inncuous utilization' of radioactive waste material; this brings a momentous intervention of the German authorities against the operators of German nuclear power plants into consideration. Yet would not such a 'national solo attempt' conflict with European Community law?. This question is illuminated in its different aspects. First the issue is examined from the point of view of radiation protection law under the Euratom Treaty and of the aim of the EC to establish the single market. Subsequent focal points are an inquiry into compatibility with the freedom of merchandise traffic and commercial services as provided by European Community law. The outcome is that European Community law does not oppose the German authorities intervencing. Rather such self-discipline practised by member states for the benefit of the European environment is admissible so long as the other EC member states do not establish equally stringent standards on their own accord or European Community law itself does not provide protection on a high level. (orig.) [de
X.E. Kramer (Xandra)
textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome
Full Text Available Creative works are now increasingly distributed as digital “content” through the internet, and copyright law has created powerful incentives to monitor and control these flows. This paper analyzes the surveillance industry that has emerged as a result. Copyright surveillance systems identify copyright infringement online and identify persons to hold responsible for infringing acts. These practices have raised fundamental questions about the nature of identification and attribution on the internet, as well as the increasing use of algorithms to make legal distinctions. New technologies have threatened the profits of some media industries through copyright infringement, but also enabled profitable forms of mass copyright surveillance and enforcement. Rather than a system of perfect control, copyright enforcement continues to be selective and uneven, but its broad reach results in systemic harm and provides opportunities for exploitation. It is only by scrutinizing copyright surveillance practices and copyright enforcement measures that we can evaluate these consequences.
How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examin...
The United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today’s greatly expanded copyright law often does the opposite—it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright’s Paradox, Neil Weinstock ...
Full Text Available Globalization of present world economy has not only an economic component but also an important juridical aspect. Many countries are concerned to review or to supplement their internal legislation in order to make it compatible with legal rules that already exist in other countries or geographical zones that, usually, have an important role within their economic exchanges. China represents such an example, a country that, in the last decades, has intensified its commercial exchanges with EU member states. This trend was encouraged by the adoption of the Law Anti-Monopoly in China.
Urs Matthias Zachmann
Full Text Available European normativity has been an epistemological problem for Japan throughout modernity (1868–1945. This essay discusses this problem in the case of international law by tracing its reception and application from the beginning, the opening- up of Japan in 1854, until the final demise of its imperialist project in 1945. During this period, Japan was the only non-Western great power in the hitherto all-European concert of powers. International law and the critique of European normativity played a central role in Japan’s ascent to power and confrontation with the West. In the first phase of reception between 1954 and 1905, Japanese attitudes towards international law were marked by an exceptional commitment to and acquiescence with the European standard, in line with Japan’s ambition to »leave Asia«. However, due to its strategic purposes, European normativity was more a means of political expediency than a matter of intrinsic conviction. Moreover, after the initial phase of receiving and practicing the principles of international law with considerable success, many Japanese began to feel a certain estrangement and inner reservation to European standards. Not until 1905, was Japan in a position to gradually challenge Europe. Thus, Japan’s interwar period (1905–1931 was an uneasy combination of outward compliance and inner reservation, a tension that Japan eventually resolved by withdrawing from Europe and trying to build its own autonomous sphere in East Asia after 1931. However, the example of Japanese international lawyers shows that in order to save international law from its ultranationalist critics and enemies, European normativity still remained the central cultural reference, albeit now in its revisionist variant (especially Soviet and Nazi German political thought and subject to a strategic re-interpretation. Thus, from the perspective of Japanese international lawyers, despite the Pan-Asianist pretenses of Japan’s official
Basse, Ellen Margrethe
This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....
Cameron, Peter Duncanson; Brothwood, Michael
Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)
The European Patent Convention (EPC) provides for a common application and examination procedure for European patents. Therefore, European patents are granted on the basis of uniform European law which is applied and interpreted by the EPO, as well as by a great number of national judges and members
Full Text Available
The focus of this article is on copyright issues with specific reference to lexicography and terminography. Lexicographers and terminographers are in the peculiar position of being both creators of copyrightable products and users of copyrighted products. An inventory of accrued rights, the nature of dictionaries as subjects of copyright, national laws and international conventions, terminographical and lexicographical practice, the copyright status of dictionary elements, as well as infringement pitfalls, is made in order to propose guidelines on the legal position of the compilation and publishing of dictionaries. Electronic publications and dissemination on the Internet is considered and discussed, and contractual agreements protecting mutual rights is offered as a final conclusion.
Keywords: author’s right (copyright; copyright (author's right; copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; lexicographer; lexicography; macrostructure; microstructure; moral right; tangible medium; terminographer; terminography; terminologist; terminology
Leksikografie, terminografie en outeursreg
In hierdie artikel word gefokus op outeursregkwessies met spesifieke verwysing na die leksikografie en terminografie. Leksikograwe en terminograwe bevind hulle in 'n vreemde situasie deurdat hulle sowel skeppers van outeursregbare produkte is as gebruikers van outeursberegte produkte. 'n Inventaris word opgestel van toegevalle regte, die aard van woordeboeke as onderworpe aan outeursreg, nasionale wette en internasionale konvensies, terminografiese en leksikografiese praktyk, die outeursregstatus van woordeboekelemente, asook van slaggate rakende outeursregskending ten einde riglyne vir die regsposisie van die samestelling
This article examines local contestation against the European Union Rule of Law Mission in Kosovo (EULEX), manifesting itself in local actors publicly demanding a change in the mission’s mandate and/or its operations. The article investigates how EULEX’s actions and its effectiveness are perceived
Loos, M.B.M.; Schelhaas, H.
If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts, the
In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the
Claassen, Rutger; Gerbrandy, Anna
European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to
Claassen, Rutger; Gerbrandy, Anna
European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies which
Ana Maria Delgado
Full Text Available La European Law Faculties Association (http://elfa-afde.eu celebró la asamblea y la conferencia anual (http://elfa-afde.eu/agm-2014-strasbourg, coorganizada con el Parlamento Europeo, los días 19 a 21 de marzo de este año, en Estrasburgo.
Purnhagen, K.; Rott, P.
This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European
This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse
Fischer, Claude; Linkohr, Rolf; Dupraz, Bernard; Gonnot, Francois-Michel; Sido, Bruno; Vassaux, Alain; Golan, Paul; Leclere, Robert; Rycroft, Jeremy; Seppaelae, Timo
On 28 June, the French 2006 law on the sustainable management of radioactive waste and materials was promulgated, after 15 years of research required by the Bataille law. What are the progresses stemming from this law? The next steps? What do the various French stakeholders, elected officials, trade unions and firms think about it? How is it perceived out of our borders? Can it be a contribution to a European policy? What are the progresses in the other Member States and what lessons can we draw from those? The management of radioactive waste is a question that goes far beyond the national framework of each country, and that must be treated as a priority, whatever the future energy policy. Since 2003, the 'Entretiens europeens' have engaged a dialogue between stakeholders of various socio-professional backgrounds from several countries and with the European Commission, in order to compare the selected options of management and to emphasize the best experiments, which could inspire an innovating European policy in the world. This fourth edition is intended to provide an updated State-of-play of the reflexions on these issues. These proceedings are organized as follows: 1 - Opening Address; 2 - first Round Table: The 2006 Law, What do French Stakeholders Think of it?; 3 - second Round table: The 2006 law, Information for national and Community policies; 4 - Debate between the participants and the audience
.’ But this façade of ‘business as usual’ increasingly clashes with the reality of European crisis management involving ever more unorthodox policy responses and a surprising disregard for existing legal proscriptions. This presentation examines whether a more forthright reliance on emergency law could have limited...... to the constitutional order through procedural and temporal limits. Applying the theory of emergency law to both national and European crisis management, this presentation seeks to investigate why existing national emergency provisions were rarely used, whether functionally equivalent mechanisms at the European level......The official response to the combined crises facing Europe has been a concerted insistence that existing national tools and the Community legal and institutional acquis are sufficient to deal with the challenges of migration, state debt, monetary union and rising insecurity in Europe’s ‘near abroad...
Bøhler, Helene Margrethe
This thesis is concerned with copyright regulation of works created by artificial intelligence systems. The rapid advances in artificial intelligence are calling into question some of the fundamental assumptions upon which intellectual property law rests. Currently, the European framework of copyright law does not take non-human innovation into account. Meanwhile, advances in artificial intelligence are quickly making machine-generation of creative works a reality. Institutions of the Europea...
The rapid expansion of European contract law in the field of consumer financial services gives rise to the question to what extent it is self-sufficient. A self-sufficient European contract law presupposes the existence of an EU-made and EU-enforced contract-related legal order which is largely
This Article argues that both courts and scholars are wrong in their categorical approaches to preemption of contracts under the Copyright Act, and proposes an intermediate approach that recognizes the importance of both contract rights and federal policy in preemption analysis. First, it argues that both courts and scholars have misapplied preemption law to breach of contract claims. Although the two sides tend to favor opposite results, they take equally categorical approaches. Categori...
Chan Mo Chung
Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.
de Hart, B.
The tension between the right to family reunification as laid down in European Directives and Member States’ concern to protect their sovereignty in regulating migration has resulted in growing attention to and concern about fraudulent family relationships (especially marriages of convenience). This
Alvesdu, Carlos Manuel
The various legislative instruments of the European Union related to renewable energy illustrate the complex relationship between the market and the public interest in the EU. How does the European public power articulate the public interest and the market? Such European laws are united by the way of a dialectical common approach. Firstly, it is about using the market to achieve the public interest, namely the protection of the environment. Therefore, the promotion of renewable energies, as a public interest goal, largely depends on the market. However, the market can do wrong. When the market is insufficient, fallible, the European Union will not hesitate to intervene to inflect it, in the name of the public interest
Full Text Available In this work, the author shortly exposes Communitarian social security law and remained tasks of the harmonization of Serbian legislation in this field. Recently some amendments of legislation were made in order to strengthen principles of gender equality and prevent discrimination, to regulate employment of persons with disability, as well as to install supervision in Institutions for occupational retirement. Regarding the compulsory social insurance in Serbia it may be concluded that there exists a high degree of compliance with the EU legislation, with an exception of privileged mode of entitlement for old age and disability pensions for women and partial disability caused by work injury where it is necessary to conclude agreements on social security with 10 EU states members. On the other side, occupational retirement provision is partially incompatible with Communitarian social security law, i.e. with Directive 2003/41/EC in the field of technical provision, as well as with Directive 113/2004/EU regarding the obligation of equation of the life expectancy for both sexes.
Scott Hemphill; Jeannie Suk
The most intriguing aspect of the debate over fashion copyright is the occasion it presents for rethinking the expansive copyright law we currently have. C. Scott Hemphill (Columbia Law) & Jeannie Suk (Harvard Law)
From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their p......From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts...... of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where...
Primavera De Filippi
Full Text Available This article presents a general analysis of how user autonomy in the cloud is increasingly put into jeopardy by the growing comfort and efficiency of the user-interface. Although this issue has not been, thus far, explicitly addressed by the law, it is a fundamental ethical question that should be carefully assessed to guide the future deployment of cloud computing. Different policy decisions might, in fact, significantly affect user’s fundamental rights and online freedoms by shifting the balance from one part or another of the trade-off. This article aims to explore emerging trends in cloud computing technologies and analyse them from an ethical perspective to identify the issues they might raise, and the extent to which current laws and regulations actually take these issues into account.
Keywords: author's right (copyright); copyright (author's right); copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; ...
Full Text Available This paper addresses copyright issues that linguists confront in their capacity as users and creators of scholarly work. It is organized in a simple question-answer format. Questions 1-3 present the basics of U.S. copyright law, including the fundamental nature of copyright as a bundle of intellectual property rights and the role of registration. Questions 4-5 treat issues of copyright notice. Questions 6-8 explain licenses, especially Creative Commons licenses, and the function of an Author's Addendum. Questions 9-10 look at copyright in the context of online open access publishing. Question 11 discusses the concept of Fair Use. Question 12 analyzes the problem of what are called Orphan Works. Questions 13-19 explore issues of copyright ownership, including Work for Hire, joint authorship, and attribution. Questions 20-22 deal with copyright with specific reference to fieldwork situations and indigenous rights. The paper concludes with a brief presentation of key sources for further study and clarification.
of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.......In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences...
Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. © The Author 2015. Published by Oxford University Press.
Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly ‘liberal’. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. PMID:26546800
Full Text Available The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states.
Full Text Available As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption of, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the maintenance, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to maintenance, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for maintenance, when maintenance obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.
In 2005 the Parliament of the Czech Republic adopted an amendment of Act No. 121/2000 on Copyright Law and Rights Related to Copyright [hereinafter Copyright Act]. The Copyright Act amendment set up three new exceptions to the author's exclusive right to exploit his or her work. The author deals with harmony of these three exceptions with international copyright law system and European copyright law. In the broad context the author discusses problems related to the changing scope of the excep...
Orlović Slobodan P.
Full Text Available For better understanding of the two parallel processes - EU integration and the rapprochement of the Republic of Serbia to the Union, a comparison of National Assembly of Serbia and European Parliament could be used. There are two legislative bodies in matter, which despite some similarities have numerous differences. The key difference is that National Assembly is a 'full' legislative body, and European Parliament is a part of the Union's legislation, such as one of the Parliament's houses. Perhaps the most important cause of this difference is the fact that National Assembly is a power body of the State, and the European Parliament is an institution of a political and economic community which is not (yet a state. It is to be assumed that the constitutional-law differences between European Parliament and National Assembly, or the parliament of another state, will increasingly diminish if the processes of the transfer of states' sovereignty to the European Union continue. At the same time, the relation of the political power of the European Parliament and the national parliaments of the Union state members will change.
Munoz, Miquel; David Tabara, J.; Oschmann, Volker
This paper focuses on the harmonization of feed-in laws in the European Union as a support mechanism for the promotion of renewable electricity. In particular, it proposes a methodology for harmonization based on a feed-in law with a modular and transparent premium for renewable electricity producers. This premium considers technology costs, some grid services, political incentives and national priorities. The proposed approach includes flexibility mechanisms to update and revise premiums, to avoid windfall profits for producers, and to share technology innovation benefits with electricity consumers while maintaining incentives for innovation. Our approach is based on the review of the main features of the German and Spanish feed-in laws, and takes into account other necessary considerations for harmonization, such as grid access, funding, definitions and standards, ownership of rights derived from renewables, and exceptions for small non-commercial producers and energy-intensive industries. (author)
The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.
Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.
María Caterina La Barbera
Full Text Available Democratization processes imply questioning the discriminatory effects of law and politics, and challenging exclusionary legal categories and political institutions. Intersectionality was born as a tool for critical legal analysis and allowed identifying the multiplicity of interactions generated by social exclusion on the grounds of gender, sexual orientation, race, religion, national origin, (disability and socioeconomic status, shedding light on the complexity of the mechanisms of power and privilege in social relations. In the last twenty-five years, intersectionality gained increasing popularity in the Anglophone academia, but it had uneven diffusion in the different socio-political contexts. The goal of this article is to identify the challenges of using intersectionality in the multilevel context of the European Union. To this end, the first part of this article addresses the conceptual origins of intersectionality, providing a genealogy that connects it with counterhegemonic feminist theories. In the second part, intersectionality is put in the American socio-legal context of the 70s where it originated in connection with the movement of Critical Legal Studies. Finally, considering the challenges involved in transposing into the legal framework of European Union a concept that traveled from another legal system, the third part of the article offers an overview of the recent development of European Union law as an example of the advancements and challenges that the introduction of intersectionality can suppose for democratic societies. The final goal of this study is to contribute to the broader debate on the implementation of intersectionality in the multilevel European democracy.
Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.
Tim G. O'Higgins
Full Text Available Policies of the European Union cover a range of social, environmental and economic aspirations and the current environmental directives and laws have evolved from a suite of norms which have changed over time. These may be characterised loosely according to 'Three Ps': Practical, those taking an anthropocentric approach; Pure, those taking an ecocentric approach and Popular, those appealing to the general public. In this paper I use these three perspectives as a tool to analyse the complexity and identify contradictions in European aquatic environmental legislation. Some trade-offs between development and conservation are identified and used to characterise the potential qualities of more successful agency to achieve environmental goals in the governance of European aquatic environments.
Ayhan Dolunay; Gökçe Keçeci
Abstract Regarding the issue of copyright, our study firstly defines the concepts of “visual communication” and “communication ethics”, mentions the origin of copyrights; and then discusses the copyrights in the Turkish Cypriot Law and the copyright issue in terms of Turkish law and Common Law due to the relations with Turkish Cypriot Law. Finally, this study will deliver concrete solution proposals upon the improvement of copyrights from the perspective of Turkish Cypriot Law. ...
School boards can formulate policies concerning the reproduction and use of copyrighted materials based on recent court interpretations of the following general factors in "fair use" exemption: reasons for copying, nature of reproduced material, amount of work as a whole copied, and effect of copying on potential market for copyrighted…
The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment
The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.
Full Text Available Beyond its political destinations, Europe is a civilization that each of its constituent parts has contributed its genius, over time. Or Rome, its original matrix, has sent her fundamental right. To what extent can it be another tool for reflection, for mutual understanding, sometimes of harmony, here's what seems to be necessarily raised, albeit briefly, by this favored means of communication and exchange, that it has always been the contract. Since then the issue is explained by the need to have a contractual law in the middle of this community adapted to the needs of this new burning community, in Europe of the beginning of the third millennium. In fact, market opening has led to considerable development of trade between the EU-counties and this is exactly cross-border flow through contracts. In this context we aimed to determine the role that it has one of the most important and current principles of law, that of good - faith in European contract law building.It is known that good - faith is experiencing a very special embodiment in the contract, where it assumes many functions. She is the subject of many studies and analysis and is likely to grow rapidly in national and supranational rights.Although contract law has evolved considerably, the theme is present and justified, under conditions which the Roman foundations remain. European contractual universe and its possible developments do not exclude but require an approach in terms of Roman law. Methodologically, the paper is structured as follows: good - faith in contracts, the birth and evolution of the concept (ancient Rome, Middle Ages, modern and contemporary and contemporary applications - abuse of right, information requirements, hardship principle.
The author Lucie Guibault analyzes the phenomenon of "open source" software and its impact on copyright and patent law. These software are freely distributed on the Internet and their modification and redistribution are encouraged. However, selling or commercializing such software is highly
This contribution investigates what motivates the use of European Union (EU) law at the street level of migration law implementation. The street level is a crucial venue for EU implementation because lower-level implementers critically influence the level of EU compliance eventually achieved.
This book is about time, law and migrants. It consists of a legal and philosophical scrutiny into the question: why do migrants receive stronger rights over the course of time in European migration law? That migrants receive stronger rights over time is easily proven, much more difficult is the
Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The
Hesselink, M.W.; Claeys, I.; Feltkamp, R.
Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The
Full Text Available The article is devoted to the analysis of the content of EU Treaty of Lisbon, which deals with ensurance of freedom, security and justice in the joint European space. The Treaty of Lisbon describes the attempts of the European Union to ensure a high security level to prevent and fight crime, rasism and xenophobia, to develop particular measures of coordination and cooperation between police and judicial authorities and other competent authorities for their further development, as well as for the mutual recognition of judgements in criminal matters. Correspondingly, the implementation of the requirements of the Treaty of Lisbon identifies the need to form an adequate national criminal law policy in our country as well.
Schwintowski, H.P.; Dannischewski, J.; Warg, F.
The author of the book under consideration reports on the energy economy act, energy environment act, nuclear energy act as well as emission commercial law. The basis is the energy environment act from 7th July, 2005, enriched with access regulations and payment regulation in the area of electric current and gas. Furthermore, the reader of the book finds guiding principles according to price determination on the basis of direct costs. The reader also finds the main European guidelines both for electrical current and gas. The book under consideration also contains juristic texts. This book only contains the most important facts, and is written for practicians
The European Association for Health Law has ambitious objectives. Two of them are "to encourage and facilitate co-operation among health lawyers throughout Europe" and "to encourage and support the development of health law in European and international relations". Comparative legal research will be an important means to reach these objectives. In this contribution the author takes a closer look at this Convention as an object but also as a stimulus for comparative research in health law. To this end relevant articles have been analyzed that have been published in this journal from its creation in 1994 until the end of 2007.
Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too
Johnson, Yvonne M.; Johnson, Nicole M.
This article provides a collection of annotated citations for online resources of interest to school librarians; the focus is on copyright law, related information, and guidelines. The citations are organized by themes based on common issues. Copyright protects originally created works, including movies, recorded music performances, novels,…
Hanenburg, E.; Warg, G.
The plan of the German federal government to opt out of the peaceful uses of nuclear power for electricity generation initially was to incorporate also a ban on reprocessing spent fuel elements. On February 22, 1999, Federal Minister for the Environment Trittin finally announced that his revised draft for the time being would contain no ban on reprocessing. That ban, as originally planned, raises a number of issues of European law which are analyzed in the article by Hanenburg and Warg, especially the question whether the ban on reprocessing constitutes a violation of the principles and objectives of the Common Market. The legal principles underlying the Common Market, especially the Euratom Treaty among the member countries, constitute the basis of the analysis in which, inter alia, aspects such as cross-border reprocessing and secondary European law or the legal consequences of the Euratom Treaty for the opting-out policy of the German federal government are dealt with. The analysis arrives at the finding that a final opt-out as planned by the German federal government in the amendments to the Atomic Energy Act, and the complete substitution of nuclear electricity by other sources of energy, violate the purpose of the Euratom Treaty at least to keep open the structural possibility of generating electricity by nuclear power. (orig.) [de
Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.
A discussion of a case whereby substantial damages, if not criminal proceedings, will sanction, according to circumstances, both television organizations and those who in certain conditions distribute their programs by wire or communicate them to the public. (Author/HB)
... and Broadcasting Organizations (Rome Convention) 37 §18.104.22.168. History 37 §22.214.171.124. Protection of Performers 38 §126.96.36.199. Protection of Producers of Phonograms 39 §188.8.131.52. Protection of Broadcasters ...
Ginter, Carri, 1978-
Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79
Conceivably, the erection of a single European energy market for electricity and natural gas as specified in the EC draft guidelines may change the conditions of local energy supply. This thesis therefore investigates which instruments are at the disposal of municipal governments for the realization of energy-political concepts of their own: Rights of way and granting of franchises, establishment of and transfer of tasks to municipal utilities, common carvier duties, and free choice of suppliers by distributors. The handling of franchise payments and treatment of municipal interconnected networks are of considerable importance for the financial situation of communities. The first section deals with the legal issues of local energy supply with regard to national law. The second part deals with the same questions with regard to community law. Furthermore it is considered what would be the consequences of the realization of the two guidelines concerning the single energy market. In the final section the results are compared and the significance of community law for local energy supply is assessed. (orig./HP) [de
Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a
Karbe, Thomas; Braun, Christian; Wulff, Birgit; Schröder, Ann Sophie; Püschel, Klaus; Bratzke, Hansjürgen; Parzeller, Markus
In consequence of the European guidelines of safety and quality standards for the donation, retrieval, storing and distribution of human tissues and cells the purpose of tissue transplantation was implemented into German legislation in May 2007. The law came into effect on August 1st 2007 considering of the European rules. The Institutes for Legal Medicine of the University of Frankfurt/Main and the University Medical Center Hamburg-Eppendorf developed a model for tissue retrieval. The Institute of Legal Medicine (I.f.R.) at the University Medical Center Hamburg cooperates with the German Institute of Cell and Tissue Replacement (Deutsches Institut für Zell--und Gewebeersatz DIZG). Potential post-mortem tissue donors (PMTD) among the deceased are selected by standardized sets of defined criteria. The procedure is guided by the intended exclusion criteria of the tissue regulation draft (German Transplant Law TPG GewV) in accordance with the European Guideline (2006/17/EC). Following the identification of the donor and subsequent removal of tissue, the retrieved samples were sent to the DIZG, a non-profit tissue bank according to the tissue regulation. Here the final processing into transplantable tissue grafts takes place, which then results in the allocation of tissue to hospitals in Germany and other European countries. The Center of Legal Medicine at the Johann Wolfgang Goethe-University Medical Center Frankfurt/Main cooperates since 2000 with Tutogen, a pharmaceutical company. Harvesting of musculoskeletal tissues follows corresponding regulations. To verify the outcome of PMTD at the I.f.R. Hamburg, two-statistic analysis over 12 and 4 months have been implemented. Our results have shown an increasing number of potential appropriate PMTD within the second inquiry interval but a relatively small and unvaryingly rate of successful post-mortem tissue retrievals similar to the first examination period. Thus, the aim of the model developed by the I.f.R. is to
Dong, Elaine; Wang, Bob
Analyzes the importance of copyright, considers the main causes of copyright infringement in electronic publishing, discusses fair use of a copyrighted work, and suggests methods to safeguard copyrighted electronic publishing, including legislation, contracts, and technology. (Author/LRW)
Full Text Available In September 2016, the European Commission presented a proposal for a Directive on copyright in the Digital Single Market, part of a package that also includes the transposition into European law of the Marrakesh Treaty and its effects on the European Union’s relations with third countries, as well as the regulation on online transmissions of broadcasting organisations. The copyright directive is of major importance in the context of digital regulation as it proposes a new related right for press publishers and a new mechanism aiming to give rightholders better control over the use and remuneration of their works on Internet. The proposal also narrows the liability exemption under the e-commerce directive, which has given platforms that provide access to protected works a way out of concluding licensing agreements with rightholders. The draft directive proposes three exceptions to copyright to reinforce digital use in education, protection of the cultural heritage and text-and-data mining. The aim of this paper is to present and to comment on the copyright directive and offer an overview of the opinions that are starting to emerge among different stakeholders.
Full Text Available The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself.
Full Text Available As a result of increasing European integration, local and regional authorities are having to deal with European law more and more intensively. As Member States (read: central government are responsible vis-à-vis the Community for the errors of local and regional authorities, the question arises within Member States whether the central government possesses sufficient supervisory instruments for complying with their obligations under Community law: they must ensure that the errors of local and regional authorities are rectified in time, and national law must provide for sufficient possibilities to do so. Although Community law is neutral towards the internal relations between the various tiers of government within the Member States, this responsibility of the central government may, as a result of European integration, lead to a need for more powerful supervisory instruments in relation to local and regional authorities. In the past five years there has been some debate on this subject within the Netherlands and after a long delay the Dutch cabinet in 2004 decided that the existing supervisory instruments in the decentralized unitary state of the Netherlands should be expanded. The legislation intended to realize this expansion is being prepared. This discussion and its results would seem of interest to other Member States of the Community facing similar problems.
Full Text Available This paper analyses fiduciary agreements, which, as a form of contract, that is the means of securing obligation and legal claims, are regulated by provisions of specific laws and codifications in some of the European Union countries. Even the Montenegrin legislator enacted a special law governing these legal matters, however in the Serbian law fiduciary agreements fall into the category of innominate contracts. Fiducia originates in the Roman Law and constitutes the first common form of the pledge law. The Latin term fiducia means 'trust', since these legal matters were, first of all, based on the trust between contractual parties. This paper addresses the institution of 'trust' as it is the Anglo-Saxon counterpart of the fiduciary agreement. Etymologically, 'trust' has the same meaning as the term fiducia - trust. Due to their advantages, fiduciary agreements are not even uncommon in the domestic legal practice, while there are certain, as we have already announced, theoretical, but also practical concerns arguing admissibility of this legal matter. These arguments mainly come down to the thesis (mentioned above that entering into the fiduciary agreement results in violation of the ban on performance of contract lex commissoria in the pledge law. Nevertheless, I provided explanation that differences between contracts of pledge and fiduciary agreements clearly point to the conclusion that fiduciary agreements may not be treated as a pledge, hence they are admissible, that is, they are concluded on the principle of contractual freedom as an imperative norm of the Law on Obligations. Fiduciary agreements (in relation to the realistic means of security offer to the creditor a higher level of security, reduce the period of payment of his claims, also providing practical benefits for the debtor himself. The paper presents the reasons supporting the view that it would be advantageous for the Serbian legislator, in the process of harmonization of the
This paper discusses whether and to what extent the transparency principle is applicable to standard contract terms legislation under European Union law and what the consequences are when the principle, in so far as it is recognized, is breached. To that extent, it focuses first on the Unfair
Euroopa lepinguõiguse normide analüüs ja võrdlus. PECL - The Principles of European Cntract Law ; CISG - United Nations Convention on Contracts for the International Sale of Goods ; DCFR - Draft Common Frame of Reference ; UNIDROIT - Principles of International Commercial Contracts
Zuiderveen Borgesius, F.
Behavioural targeting is the monitoring of people’s online behaviour to target advertisements to specific individuals. European law requires companies to obtain informed consent of the internet user before they use tracking technologies for behavioural targeting. Other jurisdictions also emphasise
Faltus, Timo; Brehm, Walter
Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.
Faltus, Timo; Brehm, Walter
Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States. PMID:27965965
“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human
Presentation for HASS PhD students given on 24th October 2017. The presentation provides an overview about copyright, Fair Dealing, and how to seek permission for Third Party copyrighted material. The presentation does not include legal advice.
Sanja Sever Mališ
Full Text Available The audit reform in the EU had as a consequence the adoption of the new regulatory framework. The European Parliament adopted Directive 2014/56/EU amending the Directive 2006/43/EC on statutory audit in the EU and the EU Regulation No. 537/2014 containing requirements that relate specifically to the statutory audit of public interest entities. Each Member State needs to transpose the Directive into its national legislation and also ensure its implementation. Within the framework of transposing the Directive into the national regulation, each Member State had many options that allows them to tailor the provisions of the national law according to their needs and specific aspects of the national audit markets. However, the number of options brings risks that are connected to additional audit procedures and inefficiencies in the process of performing audit with the potential effects on the quality and cost of audits. The aim of this article is to analyse the most important (not used options of the Directive and Regulation according to the Croatian national legislation. In that sense, the article provides information about the definition of statutory audit and the subjects of statutory audit as well as the definition of public interest entities in Croatia. In addition, the audit profession in Croatia is analysed in the context of the “European audit passport”. The results of this research can be a base for future comparisons between Croatia and the other EU Member States. Finally, the implementation of this provisions will answer the question: Does the implementation of different options bring convergence or divergence within the single EU audit services market?
McNally, Paul T.
Reviews Australian copyright laws as they apply to photographs, slides, overhead transparencies, filmstrips, sound and video recordings, and films. Responsibilities of the library as user are discussed. (RAO)
Energy politics and environmental politics within the European Communities stand in an interdependent relationship that will increasingly manifest itself in the communal legal system, thus displacing the national legal systems of the EC member states. However, both these political fields bear numerous problems in the EC. The purpose of the paper is to delineate those concerning the sector of energy politics. It deals with the premises and the historical development of energy politics within the EC, the current energy-political position of the EC, the instruments provided by the communal laws for enforcing agreements and the ''Century Contract'' as an example showing the limits of these instruments. It appears that the ''Fourth Action Campaign for Environmental Protection'' of the EC merely addresses problematic issues instead of pointing out possible solutions. It thus becomes clear that in the near future the incorporation of ecopolitics into an EC energy policy will only make it more difficult to find a consensus. It is of existential importance that this task should be solved. (orig./HSCH) [de
Persico Tony Ernesto
Full Text Available In this paper Okunâ€™s law is tested for six European selected countries in order to compare the responsiveness of unemployment to economic growth over the period 1981-2010. In the first section there is a survey of scientific works that have observed the empirical relationship between growth and unemployment. The countries selected are representative of different socio-economic contexts today existing in Europe, i.e. EU member countries, countries that adopt the Euro, and others which are candidates to join the EU or that although EU members have chosen not to adopt the Euro. Finally, we also refer to the U.S. and Canada, which are country-systems where the regularity of Okunâ€™s rule of thumb was conceived. In particular, we intend to represent the data of the macroeconomic variables GDP and unemployment rate in their annual variations for a time series sufficiently long to show the occurrence of the supposed regularity, and then to investigate specific cases, which represent changes compared to the expected variations. In addition to any changes occurred over time in the studied relationship, these empirical observations, along with the reported literature, will help to draw conclusions about the differences regarding the inflexibility and responsiveness to changes in the aggregated output by the labor market of the countries involved in the study.
Qu, Li-Ping; Zhang, Xiao-Qun; Xiong, Yan; Wang, Yi-Tao; Zou, Wen-Jun
Registration of Chinese patent medicine in European Union (EU) is of great significance to the internationalization of traditional Chinese medicine as EU market acts as an important position in the global botanical market. In retrospect, the domestic studies on EU regulations of traditional herbal medicinal products have been conducted for more than 10 years, but there is still some cognitive bias and lack of research. In this paper, a review of the relevant research progress and the main misunderstanding problems about Directive 2004/24/EC, like the centralized and decentralized supervision system of traditional herbal medicinal products in the EU, marketing authorization procedures for traditional herbal medicinal products, Community Herbal Monograph and List Entries, would be systematically analyzed, so as to provide reference for the registration of Chinese patent medicine in EU. Copyright© by the Chinese Pharmaceutical Association.
Coakley, K. J.; Chowdhuri, Z.; Snow, W. M.; Richardson, J. M.; Dewey, M. S.
At NIST, an in-beam neutron lifetime experiment is underway. In part of the experiment, a neutron detector is calibrated. The accuracy of the detector calibration depends, in part, on how accurately the mean wavelength of a neutron beam can be estimated from rocking curve data. Based on a stochastic model for neutron scattering, we simulate rocking curve data. To speed up the simulation, an importance sampling method is used. For the cases studied, importance sampling reduces the execution time of the simulation code by over a factor of 500. For simulated data, the statistical bias of the mean wavelength estimate is found to be 0.004%. This work is a contribution of NIST, an agency of the US Government, and not subject to copyright laws.
Brylawski, E. Fulton
The regulatory and adjudicative structure of the newly-created Copyright Royalty Tribunal is described and guidelines for its functioning are examined. Problems in data reporting and in the determination of ownership of copyrights of works used by compulsory licensees are among the issues addressed. (LBH)
The evolution and functions of Australia's Copyright Agency Limited are described. The agency is a copyright collecting organization which collectively administers the rights of authors and publishers whose works are copied in education, and enters into blanket agreements with educational authorities outside the existing statutory license. Some…
The paper discusses the concept and philosophy of copyright. It also discusses copyright infringement with special reference to ICT. Furthermore, the paper examines international provisions related to copyright and reviews the Copyright Law Model. The paper also identifies gaps in the Uganda Copyright Bill, 2002 and ...
... creativity. The copyright law itself is designed to promote and protect authorship and this includes... LIBRARY OF CONGRESS Copyright Office [Docket No. 2012-1] Copyright Office Fees AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Inquiry; Fees. SUMMARY: The U.S. Copyright Office is in...
Schovsbo, Jens Hemmingsen
of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law). Whereas...
Ferullo, Donna L
Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.
From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law.
The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.
Colombi Ciacchi, Aurelia
Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private
Strong, William S
Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective. New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of "orphan works," and the latest developments under the Digital Millennium Copyright Act (...
Torremans, Paul L.; Otero García-Castrillón, Carmen
Worldwide copyright assignments that contain a choice of law clause are the norm. National copyright laws in the United Kingdom and Spain do, however, contain provisions on reversionary copyright in their transition provision. These provisions would, if applicable, terminate the assignment 25 years after the death of the author and hand the copyright back to the author's successors in title rather than the assignees. From a choice of law pwerspective this becomes a classification issue. This ...
This revised version of the author’s 1985 article “Contra Copyright” includes a new, introductory section explaining the background of the author’s path to copyright abolitionism. The main article surveys various libertarian debates on this issue, including the anti-intellectual property (IP) views of Benjamin Tucker and the pro-IP views of Lysander Spooner. McElroy argues that the issue of copyright hinges on the question: can ideas be property? Because only scarce goods can be property, and...
d' Aspremont, J.
The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the
Sørensen, Karsten Engsig
This contribution analysis the implication of the judgment in Centros Ltd, whereby a company can be incorporated in one state and used for activities in other Member States of the EU. The consequence is that businesses can chose to incorporate in the state of their own choice and Member State may...... as a result start to compete to attract incorporations of companies (the Delaware Syndrome). This may call for further harmonization of company laws in the EU....
Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.
Schovsbo, Jens Hemmingsen; Hellstadius, Åsa
rules should be understood in the light of the development in health law and fundamental rights law where FIC has long been a central concept which is e.g. recognized in the EU’s Charter on Fundamental Rights. Against that basis, we suggest that patent law and patent practices have so far not fully......-compliance would amount to not only a violation of legal rules but also amount to a serious violation of principles of ordre public or morality in line with current patent law standards....
Estell, Allison; Saunders, Laura
Librarians often act as default copyright experts at their institutions and thus must have an awareness of copyright law and practices. Nevertheless, there is little in the scholarly literature about how well informed librarians are about copyright law. Through a national survey of professional librarians, this study illustrates librarians'…
This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the
This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was
Full Text Available Proper management of water resources has got significant social and economic dimension. For this reason, it is an essential element of almost every national law, European Union law, and also international law in a broad sense. Legislative authority, during legislature process, should allway s balance private and public interests to adopt compromised solutions. Furthermore these solutions must be determined mostly by hydrology to be appropriate to the nature of waters and environment. Because of mentioned issues, it is very undesirable state of affairs when law simply does not fit to the object of its regulation. In Water Law Act of 2001 Polish legislator classifies lakes, depending upon the type of watercourse (natural or man-made flowing into or out of the lake, among either flowing water or stagnant one. This regulation is against hydrological classification of lakes. Moreover this legal act introduces different treatment of dammed lakes in the context of public access to the lakeshores. Indicated problems have got significant impact on many aspects such as ownership of lakes, obligations of the owners of the lakes, lakes and environmental protection and, mentioned above, right to public acces to the lakes.
章忠信 Chung-Hsin Chang
Full Text Available 「科技保護措施」是著作權人在數位網路環境下，以技術保護其權利的重要手段，國際著作權法制對於這些「科技保護措施」，再以法律保護，使其不被任意破解或規避。然而，這些規定對於廣大的公眾利益究竟有何負面影響，非無疑義。我國著作權法在2004 年9 月1 日增訂「防盜拷措施」條款後，主管機關終於在2006 年3 月23 日發布「防盜拷措施」排除適用範圍之認定要點，即「著作權法第80 條之2 第3 項各款內容認定要點」，本文針對此一要點的訂定背景與內容作簡要介紹與分析，期望引起各界的關注，也可以為本要點下一次的檢討修正作準備。 Technological Protection Measures (TPMs is an important method for copyright owners to employ technology to protect his right under digital internet environment. International copyright treaty establishes legal regime to prevent those TPMs from crack or circumvention. However, what negative side effects those regulations may cause to the public interest needs to be evaluated. Taiwan amended its Copyright Law and introduced so-call Anti-piracy Measures clauses on Sep. 1, 2004. In addition, the Competent Authority released the regulations concerning the details of exceptions and limitations set forth in Paragraph 3 of Article 80ter on Mar. 23, 2006. This Article summarizes the background and analysis the details of the regulations. The purpose of this Article is to raise the public concern to this issue. It may also make a preparation to amend the Regulation.
Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M
High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.
Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)
Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.
Newly made EU Timber Regulation (EUTR) may prima facie look like competing regulation and an overlap of the existing forest certification schemes of FSC and PEFC as also EUTR combats illegally harvested timber. The novel EUTR, however, is a public law scheme wheras FSC and PEFC are private law
Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora
An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following
Grosse, Claudia; Grosse, Alexandra
This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.
Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.
The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy
Miguel Ángel Cepillo Galvín
Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.
Vendius, Trine Thygesen
The European Cyber Crime Centre, EC3, established under the umbrella of Europol, started operations on January 1 2013. It is to act as the focal point in the fight against cybercrime in the European Union. Using a “shared, cross-community approach” the EC3 is concluding partnerships with member...... states, European agencies, international partners and the private sector. This article describes the coming about of EC3 and its efforts to address cybercrime. Furthermore, the article is an attempt to assess the growing role of the European law enforcement community on the European security scene...
After a presentation of the third Energy Package put forward by the European Commission on the 19 September 2007, and a presentation of the European Strategic Energy Technology Plan (SET-Plan) presented by the Commission on the 22 November 2007, the author more precisely presents the contents of the European Union Energy and Climate Package of January 2008. Several aspects are addressed: renewable energies, greenhouse gas emissions, carbon capture and storage, and public aids for these different themes. A graph gives a description of the co-decision procedure
The contribution outlines legal problems from the view of national and European law. It presents alternative funding models and investigates their legal applicability. For example, funds may be established with obligatory contributions by nuclear power plant operators. A model of this type was proposed by the EU Commission. The authors discuss whether the EU Commission has the right at all to make this proposal, and what legal problems may arise in Germany, e.g. the right of property of public utilities. Other funding models are presented and investigated as well. (orig.)
D. Masciandaro; L. Dalla Pellegrina
In 2005 the European Commission adopted the Third Directive on Anti-Money Laundering (AML), which was to be implemented into national laws at the latest by December 2007. The key feature that characterizes the Third Directive is the idea that the regulatory framework should be risk-based (RBA). The aim of this regulation is to elicit a high level of outcome in terms of AML effectiveness from self-interested financial institutions (FIs) who hold private information. In this paper we study how ...
Hendriks, M.J.; Frewer, L.J.; Meulen, van der B.M.J.
This article reviews current European legislation concerning allergens and their labelling, in particular in relation to the need to optimise consumer protection and improve the quality of life of food allergic consumers. Adequate communication concerning the presence of (potentially) allergenic
... regard is one of creating a conducive environment through political (and economic) stability, and not one of actually ..... Coach 2010 ..... influenced by the civil law tradition, have incorporated bad civil law elements into English copyright law ...
Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.
The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.
Bischof, W.; Pelzer, N.
After a first publication concerning the law of radiation protection in the Benelux Countries in volume II the law of radiation protection in the Federal Republic of Germany is represented. The investigation which compares the different laws discusses not only the substantive bases and repercussions of the provisions of radiation protection; the commission furthermore is interested to examine to what extent it was successful to bring the national provisions of radiation protection into one line with each other on the basis of the fundamental standards of Euratom. Apart from a comprehensive discussion of the provisions of radiation protection and of the organization of radiation protection critical annotations are made to some topics. The volume consists of the following chapters: development, fundamentals, principles and definitions, organization of radiation protection, nuclear installations, radioactive substances and waste, protection and population and environment, internal radiation protection, medical supervision, radiation on foodstuffs and radiopharmaca, legal provisions governing fines and penalties. (orig./HSCH) [de
Ketteler, G.; Kippels, K.
In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de
In the European electricity supply industry, a change to competition-oriented national markets under development of a common European electricity market is observed for some years. Under this aspect, the author of the contribution under consideration reports on obligations to the current power supply and on the trust prohibition in the European Community. The contribution under consideration consists of the following three chapters: (a) Discussion of fundamental questions regarding to cartel legal evaluation of obligations to power supply; (b) Conditions of the art. 81 sect. 1 EEC and application to obligations for power supply; (c) Exemption from the obligation to power supply according to art. 1 sect. 3 EEC. In particular, the regulation of the group exemption for vertical agreements of 22nd December, 1999, is considered.
Pick, H.; Wetzel, U.
After the enactment of the Second Law Amending the Law on Budgetary Principles, the Ordinance on the Confering of Contracts, and the Ordinance on Verification; and the amendment of the ordinances on the placing of construction and delivery orders (VOB and VOL) the European Directives on so-called ''public'' tendering can be said to be transposed into German law as far as they concern construction and delivery orders. This means that as of 1 March 1994 besides the ''classical'' public contractors utilities, too, must invite bids Europe-wide. According to European law this also applies to service orders as of 1 July 1994, but this provision still awaits transposition into German law. (orig.) [de
This article provides a comparative law and governance insight to assisted dying in England, France, Switzerland and the Netherlands, bringing together empirical studies of regulation and normative thinking about the role of the state. It follows the ‘new governance’ scholarly effort to challenge
Protecting the weak party has been one of the cornerstones of the development of contract law over the past century. An enduring intellectual debate sets those who would advocate a less interventionist model against those – including the present author – who remain wedded to the virtues of
L.M. van Bochove (Laura)
markdownabstract__Abstract__ The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are
Security of supply is defined as the availability and reliability of energy supply at acceptable prices. By security of energy supply we mean a globally large supply of reliable, affordable, clean energy. By virtue of its nature security of supply in the energy sector primarily requires making provisions for the future through exploration, innovation, research, diversification and investments in technology. Energy politics takes place in a tension field defined by the goals of economic efficiency, sustainability and security of supply. In the past there have been repeated shifts within this triad of goals. The task for a rational energy policy is to reconciliate these goals in a meaningful way. European energy policy is understood to comprise all sovereign measures taken by the European Union in the energy sector, in particular measures that impact on the supply and demand for energy resources. Energy law serves, or should serve, to bring energy policy to realisation and therefore presupposes the existence of the latter. Energy policy means the figuration of an economy's energy sector in such a manner that the present and future demand of the economic region is covered.
Full Text Available Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or European regulations (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is supplemented by Regulation (EC no. 2201/2003 of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, (prevailing the latter and national ones (Law no. 63/2014 amending and supplementing Law no. 369/2004 on the application of the Convention on the Civil Aspects of International Child Abduction which Romania adhered to by the Law no. 100/199, the legislator sought to ensure the prompt return of children abducted in the Member State of origin, the objective being the same: discouraging underage child abduction by a parent or by third parties, usually relatives and, in case of committing an act of international abduction of minors, ensuring the best interests of the child through the cooperation of the competent authorities in the field. The structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors, regulations, procedure for solving the request, the competent authorities and practical aspects, without neglecting the interpretation given by the Court of Justice of the European Union of some texts from the Regulation.
In the future, European Union is to become a single economic zone. Achieving this goal requires creating good and unified legal grounds for business, which presently are lacking. This paper describes the main problems with conducting business across-borders, evaluates current EC business legislation and formulates some de lege ferenda ideas.
Waaldijk, C.; Bonini-Baraldi, M.T.
Since 2003 the Employment Equality Directive (2000/78/EC) requires Member States of the European Union to prohibit sexual orientation discrimination in the field of employment. This book assesses to what degree the Directive’s requirements have been met by the twenty-seven Member States. The authors
This thesis is structured chronologically starting with the origins of a European environment policy. These origins can be found in the foundation treaty of the European Community but are not explicitly codified. The thesis shows that the emphasis on economics in the European Community turned from acceptance of an environment policy as a marginal phenomenon to valuation of environmental policies as a principle of its own. The focus is on the contents of the EC Trial. The normative structure on which the environmental policy is built on aims of making clear that not only political declarations without any codification are made, but that the environment is a field of community activity to be taken seriously. Special attention is given the aim of economic growth and its incompatibles environmental policies. Convergence can only be reached if EC Member States use their potential of cooperation and are ready to make their contribution. A special chapter deals with the competence of member states concerning environmental policies. As contracting partners to GATT, member states of the European Union represent a very large portion of world trade, we have to make sure environmental policy is given the right place it deserves in free world trade. A summary and final reflections are included in the last part of the thesis. (author)
Andone, C.; Greco, S.
The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring
Full Text Available Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors. There is considerable uncertainty within the taxonomic community as to how to re-use images that were included in taxonomic publications, especially in regard to whether copyright applies. This article deals with the principles and application of copyright law, database protection, and protection against unfair competition, as applied to images. We conclude that copyright does not apply to most images in taxonomic literature because they are presented in a standardized way and lack the individuality that is required to qualify as ‘copyrightable works’. There are exceptions, such as wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes (such as visual art. Further exceptions may apply to collections of images that qualify as a database in the sense of European database protection law. In a few European countries, there is legal protection for photographs that do not qualify as works in the usual sense of copyright. It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration. In observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that
Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.
Full Text Available One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace.
This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual ...
Williams, Vernon E.
The explosion of computer communications in the United States has spurred the development of many new technologies. One of these new technologies is Mosaic and the World-Wide Web. Mosaic is a user interface that uses the internet as a backbone for communications. The Mosaic interface enables a user to manipulate text, images and graphics produced by different authors. The flexibility that Mosaic offers raises significant copyright issues. This paper attempts to analyze these issues using current copyright law as a framework. The author then goes on to offer a different analysis that may result from future developments in copyright law.
Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.
This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)
Tikniūtė, Agnė; Dambrauskaitė, Asta
Contract theories may be a useful analytical tool for understanding and explaining contract, as well as for facilitating orientation in a complex and often fragmented legal regulation. The article presents main understandings of contract in various European jurisdictions: contract as free assumption of obligation, contract as a bargain based on the idea of consideration, contract as free assumption of obligation based on sufficient causa. The article inquires as to how universal those theorie...
The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described...
Susanne D. Burri
Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.
The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)
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本文研究議題為著作權法制面對數位環境衝擊之制度調整思考。本文首先說明數位與網路科技不僅為當代社會著作利用帶來相當多的變化，也使著作權制度面 臨諸多困難議題。藉由對著作權法制發展史與著作權法第1條規定的檢視，本文提出「促進著作流通利用」乃達致著作權法各項立法目的之共同且最主要之途徑（方 法），並嘗試在此脈絡下，檢視合理使用、公開傳輸權、權利管理電子資訊、防盜拷措施的保護及著作權仲介團體條例等制度設計。最終重申並闡釋「促進著作流通 利用」乃是用以檢視著作權制度是否合於當代社會需求之關鍵。
At first, this paper raises the question on the impacts of Copyright System in digital environment. From reviewing history of Copyright System and Article 1 of Copyright Act, this paper holds that encouraging circulation and use of copyrighted work is main purpose of Copyright Act. This paper describes that facing digital and network technologies, the use of copyrighted work in our society has several changes. These changes, from the point of view that the main purpose of Copyright System is encouraging circulation and use of copyrighted work, make Copyright System facing several difficult issues. Finally, this paper examines several issues of Copyright System, such as, fair use, right of public transmission, electronic rights management information, protection of technological protection measures and Copyright Intermediary Organization Act. Encouraging circulation and use of copyrighted work is always the key of examining whether the Copyright System fit the need of current society.
Full Text Available The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.
Full Text Available The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.
, is utterly wrong, since any DNA and the information it contains is the embodiment of the code of life and should be regarded part of the common heritage of mankind. Some patent opponents go even further and argue for a prohibition of patents on proteins. Others, and in particular the life science industry...... specifically, it investigates how the European and US patent systems interpret and apply the so called "inventive step" (Europe) or "non-obviousness" requirement (U.S.) vis-à-vis bio-pharmaceutical technology with a special emphasis on DNA-and protein related inventions. In addition to evaluating the de lata...
Berkman Center for Internet and Society
"Copyright for Librarians" (CFL) is an online open curriculum on copyright law that was developed jointly with Harvard’s Berkman Center for Internet and Society. Re-designed as a brand new textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online version which contains additional links and references for students who wish to pursue any topic in greater depth. Delve into copyright theory or explore enforcement. With a new index and a handy Glossary, the Handbook is essential reading for librarians who want to hone their skills in 2013, and for anyone learning about or teaching copyright law in the information field.
The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...
Romeo Casabona, Carlos María; Paslack, Rainer; Simon, Jörgen W
This paper analyzes the key legal issues raised by Reproductive Medicine practiced in Europe, with special attention to the rules prevailing in countries such as Germany and Spain. Thus, the paper involves a detailed study of the regulation in force in those countries, comparing their solutions with the rules adopted in other EU countries. It also highlights the high risk of com-modification in oocyte donation. In light of this, the differences between the laws of EU countries -some of them, very restrictive with prohibitions or requirements for recipient women and others more permissive with the use of reproductive technologies- can lead to a "reproductive tourism" between countries, as indeed is happening nowadays.
Zampas, Christina; Andión-Ibañez, Ximena
The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations
Helena Soleto Muñoz
Full Text Available Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States’ DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.
Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...
Full Text Available The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument on minimum rights for crime victims in the criminal justice system. This document brought some improvement to victims and their position compared to the UN Declaration, particularly in terms of limit repeated questioning, advanced informational rights, reimbursement of expenses and construction of court facilities. Nevertheless, evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. This document was replaced with the new one - the EU Directive on establishing minimum standards on the rights, support and protection of victims of crime. It is stronger instrument than the Framework Decision and it includes more demanding standards. But, its implementation needs to be monitored. Therefore, in the presentation it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that “hard law” is always more effective than “soft law”. The most recent generation of more elevated rights run the risk of leading to “victim fatigue” on the part of the officials responsible for the operation of the criminal justice system.
... Royalty and Distribution Reform Act of 2004 was signed into law creating the Copyright Royalty Judges, Public Law 108-419, 118 Stat. 2341. The Act replaced the royalty panels with three Copyright Royalty... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 251 [Docket No. 2011-5] Copyright Arbitration...
Full Text Available Surrogate motherhood is an arrangement in which a woman agrees to carry and deliver a child for another couple who ordered the pregnancy. This procedure is applied today in Great Britain, Holland (although without legal regulations, Israel, Greece, Ukraine, Armenia, Georgia, the USA and Australia, and it is forbidden in France, Austria, Spain, Germany, Switzerland and Slovenia. There are two types of surrogacy, one when the woman gives birth to a child who is genetically her own ("partial", genetic surrogacy, and the other where the surrogate mother only carries and gives birth to a child, whereby the child is genetically from the couple that wanted the child, or the fertilized egg is from a third woman (donor, or the embryo was donated ("full", "total", gestational surrogacy. In these cases two women take part in conception and birth of the child while in the last case there is a third woman who will raise the child. Biologically observed, the woman whose egg has been fertilized may be called the genetic mother, while the woman who carried the pregnancy and gave birth to the child - the gestational carrier. Taking into consideration that the Preliminary Draft of the Serbian Civil Law anticipates the introduction of surrogate motherhood into domestic law, we believe restrictive solutions should first be taken into consideration. This would mean that only full surrogating should be allowed, namely the egg should be from the woman who wants the child and not the surrogate mother. In domestic conditions, genetic surrogation should not be allowed as it leads to confusion in family relations, and kinships still have an important social and legal significance in our country. The surrogate mother should be a woman who has already given birth, because in that way any possible shocks which might arise after birth when the woman who has to handover the child to the intended couple would be avoided. The next condition would be that persons involved in this
Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.
Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to
Full Text Available Peter Van Elsuwege and Roman Petrov, eds. Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? London and New York: Routledge, 2014. xxx, 268 pp. Notes on Contributors. Preface by Marc Maresceau. Foreward by Kostiantyn Yelisieiev. Illustrations. Informative table and list. Index. $145.00, cloth.
The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations.
Loos, M.B.M.; Jurčová, M.; Štefanko, J.
If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between this instrument and the Vienna Sales Convention (CISG) to regulate their cross-border commercial sales contracts. In this paper, a comparison is made between the two international legal
This article addresses the question whether the European Union defaulted on the ‘strict observance’ of international law and ‘respect’ for the UN Charter, which are now express objectives of the EU following the Lisbon reform, in the course of the famous Kadi cases. With the final appeals judgment
developing countries did not have intellectual property ('IP') laws prior to the ... musical and literary works play an important role in the economy of these .... Ekereuwem  4 NWLR (pt 1290) 207; F.C.D.A v. .... 37 K M Garnett, J E Rayner& G Davies, Copinger and Skone James on Copyright (14th ed., London, Sweet and.
Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften
The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.
Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne
Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems
Full Text Available The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, part-time work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
Townend, David; Duguet, Anne-Marie
All academics, perhaps with the exception of those who are hermits with independent private means, are concerned with questions of networking and research funding. The nature of academic life is to search out new ideas and revisit old ones, and to discuss these ideas with others. This requires networks of colleagues and funding to provide the basic resources of time and literature. This may be at the local level, but increasingly the expectation is that these activities should become more and more elaborate; our networks are now international, and our time and resources cost ever increasing amounts which, for many if not most academics, must be found outside the general budget of the home University. Our success as academics is measured, in increasing part, on our ability to show our networking and external funding credentials. There is a more resounding reason to pursue both networking and externally funded research: through such projects the experience of each individual can be increased such that the result is far greater than one could achieve alone. Networking and external funding are not ends in themselves, but they can and should be a great enhancement to academic life and contribution. None of this is news or a novel claim; it is simply today's environment. This paper considers some opportunities for how networking and externally funded research might help the EAHL to realise its aims in developing the discipline of health law. We, as authors, do not claim any special expertise in the area, and readers are quite justified in thinking "who are they to talk to us about what we clearly know much more about?" However, we were asked to start a discussion at the inaugural conference of the Association, and the thoughts that we present now were designed to do that. It is a discussion which will form one of the early activities of the Association. Here the paper is divided first issues concerning networking, and second those concerning research funding from sources
Full Text Available A copyright provides protection for original artistic or literary work and is valid for the life of the owner plus 70 years. There is a growing tension between creative practices that require access to content that is often copyrighted, and increasingly restrictive intellectual property laws and policies governing access to copyrighted content. Very recently this has played out in the law suit between the media corporation Viacom and the Internet portal YouTube, which is owned by Google. This is against the background of a steadily emerging open source and creative commons culture. Milestones in the open source movement are the OpenOffice office suite, Netscape's publication of the source code for its product as open software, Google's library project, various free archives for scientific dissemination, such as Cornell University's ArXiv.
章忠信 Chung-Hsin Chang
「科技保護措施」是著作權人在數位網路環境下，以技術保護其權利的重要手段，國際著作權法制對於這些「科技保護措施」，再以法律保護，使其不被任意破解或規避。然而，這些規定對於廣大的公眾利益究竟有何負面影響，非無疑義。我國著作權法在2004 年9 月1 日增訂「防盜拷措施」條款後，主管機關終於在2006 年3 月23 日發布「防盜拷措施」排除適用範圍之認定要點，即「著作權法第80 條之2 第3 項各款內容認定要點」，本文針對此一要點的訂定背景與內容作簡要介紹與分析，期望引起各界的關注，也可以為本要點下一次的檢討修正作準備。 Technological Protection Measures (TPMs) is an important method for copyright owners to employ technology to protect his right under digital internet environment. International copyright treaty establishes legal regime to prevent tho...
The emphasis of copyright is on original literary works, films, sound recordings and others. The focus of this paper is to discuss the various provisions of the copyright law as they affect films, video and by extension video CD. The study examines the various interpretations of the provisions of the copyright law as they affect ...
Full Text Available Communities that interact on-line through computer games and other virtual worlds are mediated by the audiovisual content of the game interface. Much of this content is subject to copyright law, which confers on the copyright owner the legal right to prevent certain unauthorized uses of the content. Such exclusive rights impose a limiting factor on the development of communities that are situated around the interface content, as the rights, privileges, and exceptions associated with copyright generally tend to disregard the cultural significance of copyrighted content. This limiting effect of copyright is well illustrated by examination of the copying of content by virtual diaspora communities such as that formed around the game Uru: Ages of Myst; thus, the opportunity for on-line communities to legally access the graphical elements on which those communities are built is fraught with potential legal liability. This presents the reciprocal situation from efforts to protect the cultural properties of indigenous communities as traditional knowledge. Reconsideration of current copyright law would be required in order to accommodate the cohesion of on-line communities and related cultural uses of copyrighted content.
The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...
Trinh, Thuy Duong
This diploma thesis deals with protection of copyright within online media, with a focus on personal blogs. The author presents definition of basic terms of copyright, especially definition of usage of the work and description of way of use, and deals with the issue of liability for copyright infringement and identification of persons who carry the responsibility. This thesis is also dedicated to copyrights itself and its instruments of enforcement. Increased focus is put on available jurisdi...
Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.
Full Text Available The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a tile. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law.
Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement.
Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement
Full Text Available This article considers the extent to which UK-based academics can rely upon the copyright regime to reproduce extracts and excerpts from published comics and graphic novels without having to ask the copyright owner of those works for permission. In doing so, it invites readers to engage with a broader debate about the nature, demands and process of academic publishing.
Radlińska, Iwona; Kolwitz, Marcin
Freedom of conscience and religion, also called conscience clause legislation is part of the inherent and inalienable rights of every human being and freedoms protected by the constitution as a fundamental principle of democratic countries working in the law. At international level, the most common piece of legislation on this issue is the European Convention on Human Rights of 4 November 1950, which Poland is a party. Pursuant to Art. 9 of the European Convention Poland is committed to the protection of freedom of thought, conscience and religion to every person under its jurisdiction, including the medical professions. In a special way to be protected by the freedom of conscience of physicians, dentists, nurses and midwives, as the conscience clause is written in the law governing the exercise of such professions in Poland.
Full Text Available Discrimination in employment is one of the problems that have not lost its actuality and discrimination of women, as a species of this principle is a problem that has interesting aspects in Romania. This paper proposes a series of conceptual approach, an attempt to define discrimination against women in employment, a content analysis, including issues of harassment and discrimination. An important part involves the attempt to highlight the sources of discrimination, as well as underlining the paradox that this category of people is not a minority. We want to underline the equality principle reflected by international law, European law, and Romanian legislation and several problems related to gender specificity on the labor market. We have analyzed the international legal framework, the European one (with the multitude of EU directives and the Romanian legislation on this area and I drew a number of conclusions on a few misconceptions of Romanian collective mind, regarded as sources of discrimination.
Edlund, Hans Henrik
Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...
G. P. Tolstopiatenko
Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972
Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.
Special Issue: Very large eddy simulation. Issue Edited by Dimitris Drikakis.Copyright © 2002 John Wiley & Sons, Ltd.Save Title to My ProfileSet E-Mail Alert Previous Issue | Next Issue > Full Issue Listing-->Volume 39, Issue 9, Pages 763-864(30 July 2002)Research ArticleEmbedded turbulence model in numerical methods for hyperbolic conservation laws
The paper describes the use of numerical methods for hyperbolic conservation laws as an embedded turbulence modelling approach. Different Godunov-type schemes are utilized in computations of Burgers' turbulence and a two-dimensional mixing layer. The schemes include a total variation diminishing, characteristic-based scheme which is developed in this paper using the flux limiter approach. The embedded turbulence modelling property of the above methods is demonstrated through coarsely resolved large eddy simulations with and without subgrid scale models. Copyright
Nechvátal, Ivan; Pilavachi, Petros A.; Kakaras, Emmanuel
This paper studies European Union (EU) legislation on private law relations for organizations operating in the internal electricity and gas market in medium and small size Member States. It consists of the analysis of both the EU primary (Treaties) and secondary (directives and regulations) legislation. A survey was sent to organizations operating in the internal energy market in four Member States: Greece, Czech Republic, Finland, and Malta. Through the survey, the paper identifies problematic areas of current EU legislation and compares them with new legislation applied as from 3 March 2011 (third liberalization package). It looks into all important EU energy legislation on private law relations of organizations operating in the internal energy market such as unbundling, procurement, procedural law, duties related to information and other legislation on energy contracts. The study concludes that, despite some small problems, the energy liberalization including the third liberalization legislative package progresses in a correct manner. There are nearly no problems in the access to the transmission and distribution systems. The functioning of the gas market is considered as the most important problem. - Highlights: ► European Union legislation on private law relations was studied. ► Organizations operating in the electricity and gas market were considered. ► A survey was sent to organizations in four Member States. ► Despite some problems, the energy liberalization advances correctly. ► The gas market is considered as the most important problem.
Full Text Available The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the “copyright controllers.” The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for “fair use” in the United States and “fair dealing” in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a “copy” right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.
Full Text Available This article analyzes the current state of the debate on the minimum level of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends and contradictions that arise in the course of the application of various criteria for copyrightability. An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion for copyrightability have dropped drastically. Today’s standards are similar to those of the former American ‘sweat of the brow’ doctrine. But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content. First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dying out. Thirdly, there is currently a trend for giving a large scope of protection to works of low authorship. As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain – which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it establishes a basis for unintended copyright violations being penalized. This amounts to a classical case of overprotection.
Sandfeld Jakobsen, Søren; Petersen, Clement Salung
This paper includes an in-depth analysis of EU law and Scandinavian law on injunctions against internet access providers (IAPs) performing as mere conduit of information protected by copyright. In recent Scandinavian case law, courts have granted preliminary injunctions which have caused IAPs...... to either shut down specific internet connections allegedly used to infringe copyright or to block access to internet content, which allegedly infringed applicable copyright rules. This paper considers some significant legal challenges, which are emerging in the wake of this case law, and which should...... requires rules, which take into due consideration the special aspects related to enforcement of copyright on the internet through IAPs. Secondly, it is shown that the termination of internet connections and the blocking of access to internet content may not support the public policies behind copyright law...
On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.
In the course of the last decade, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. This book, an extensively revised and updated edition of the only major work on the legal status of CMOs, offers an indepth analysis of the various operating CMO models, their rights and obligations vis-a-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2005 edition, and a new chapter on multiterritorial licensing has been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers ...
Full Text Available This paper is dedicated to one form of mutual assistance in tax matters in the field of direct taxation - the exchange of information which in terms of the functioning of the single market of the European Union is gaining more importance. This paper also presents new solutions of Directive 2011/16/EU. Special attention in this paper is focused on the practice of the European Court of Justice in the area of the exchange of information.
Full Text Available An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI. The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU adopted the European Council Regulation on Insolvency Proceedings (EC Regulation in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
Patterson, Lyman Ray
Contending that potential conflict between copyright and free speech inevitable if present provisions of the copyright bill providing copyright for television are enacted, the author suggests an alternative approach based on analysis of English and American background, copyright and the law of unfair competition, and policies of the copyright…
Gorman, Robert A.
Copyright branch of American law is summarized and two copyright issues of interest to academics are discussed. Ownership of copyright in works produced in the university and what "fair uses" of copyrighted works may be made by teacher-scholars are discussed. The Salinger v. Random House, Inc. case is described. (MLW)
An important victory for the financial health and future of scientific journals was won July 23 when Judge Pierre Leval of the Federal District Court in New York handed down his decision on the copyright infringement suit, American Geophysical Union, et al. v. Texaco Inc. Leval ruled that profit-making companies cannot photocopy copyrighted journal articles without permission and without compensating the copyright holder.The class action suit was brought in 1985 by AGU and six other scientific publishers on behalf of 8500 publishers worldwide who make their titles available for legal copying under licenses granted by the Copyright Clearance Center, Inc. This licensing system was designed in cooperation with major corporations to facilitate compliance with the 1976 Copyright Act. Although more than 200 companies now use the center, some corporations, such as Texaco, have not. The suit was initiated to force compliance with copyright law. The current decision is very important because it establishes legal precedents on the “fair use” issue.
To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law
‘Faith in public debate’ forms an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law.
Full Text Available Development of a civil society and social systems for protection of different groups is directly related to well functioning political and economic systems. If the level of economic development or political stability is not continuous the implementation of antidiscrimination laws would most likely be at a very low level. In this case development of social rights along with implementation of antidiscrimination rights may be marginalized due to three factors: lack of cooperation among political and economic spheres, lack of knowledge about antidiscrimination laws and absence of political will for adoption and implementation of antidiscrimination laws. Therefore, we focus on the examination of specific issues concerning the three aforementioned factors primarily focusing on EU and divergence in the level of political and economic development among the member states.We will argue that antidiscrimination laws are not welcome in new member states, especially since they increase political and economic costs for the governments of respective countries. Level of political development has much to do with the acceptance and inclusion of AD laws in the decision making process. Economic development has much to do with social and living standards within a country which is directly related to the general perception of the population on AD laws. Therefore, one could say that implementation of AD laws heavily depends on the preparedness of people, economic and political system and their will to cope with costs and benefits of implementing those laws.
In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.
Full Text Available Copyright estates have been unduly empowered by the extension of the term of copyright protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish novelist, James Joyce, has been particularly aggressive in policing his revived copyrights. The "keepers of the flame" have relied upon threats of legal action to discourage the production of derivative works based upon the canonical texts of the novelist. The Estate has also jealously guarded the reputation of the author by vetoing the use of his work in various scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take legal action to prevent the staging of "Rejoyce Dublin 2004", a festival celebrating the centenary of Bloomsday. In response, the Irish Parliament rushed through emergency legislation, entitled the Copyright and Related Rights (Amendment Act 2004 (Ireland to safeguard the celebrations. The legislation clarified that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. Arguably, though, the ad hoc legislation passed by the Irish Parliament is inadequate. The Estate of James Joyce remains free to exercise its suite of economic and moral rights to control the use and adaptation of works of the Irish novelist. It is contended that copyright law needs to be revised to promote the interests of libraries and other cultural institutions. Most notably, the defence of fair dealing should be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works. There should be greater scope for compulsory licensing and crown acquisition of revived copyrights.
Cristinel Ioan MURZEA
Full Text Available The contemporary society has imposed new demands in the development and application of copyright as a result of structural changes which occur as a result of developments in science, technology and especially communication technologies and of informatics. Legal doctrine highlights axiomatic truth according to which the “environment created by technological developments” brings forward the profound informational dimension of human being in the contemporary society. In this context the integration and the harmonization of legislation of the Member States of the European Union leads to a complex and dynamic process by which the copyright called to legally protect intellectual creation in contemporary society, acquires a universal vocation in the contemporary society, because there are no barriers or impediments in its spreading especially due to the phenomenon of multiplication and improvement of means of information and communication
Meulen, van der B.M.J.
This paper is a Spanish language continuation of: B.M.J. van der Meulen, The Core of Food Law, European Food and Feed Law Review 3/2012, pp. 117-125. It has been made at the request of AIBADA, Asociación Iberoamericana para el Derecho Alimentario. The most fundamental notion underlying twelve years
Full Text Available The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non-financial methods, i.e. through the appropriate social and economic policies implemented by the authorities enjoying considerable social respect. The EU regulations regarding public debt and deficit can only be implemented with the instruments of the national law. The set of the EU regulations limiting the budgetary powers of member states, including the budgetary powers of governments and national parliaments, are questionable and undermine the authority of the state.
The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de
The Ownership Unbundling of power supply grids from the view of European law and constitutional law; Die Eigentumsrechtliche Entflechtung (Ownership Unbundling) der Energieversorgungsnetze aus europarechtlicher und verfassungsrechtlicher Sicht
Kahle, C. [Sozietaet White and Case LLP, Hamburg (Germany)
The energy policy is determined by large efforts of liberalisation. In order to increase the competition, the operational and legal unbundling was introduced. These kinds of unbundling flank the regulation of accounting and informational unbundling. In the member states of the European Union as well as in the Federal Republic of Germany substantial monopolistic positions exist furthermore. High costs of electricity and discriminations of market participants are the result and are contrary to the goals of unbundling. Under this aspect, an ownership unbundling is discussed. The author of the contribution under consideration comments the legal evaluation of this kind of unbundling.
Double taxation is known as restricting the free flow of capital and accordingly results in a limited access of the internal market. Although, not many Member States have entered into double taxation conventions in order to avoid juridical double taxation of inheritances. The question then arises whether this failure to eliminate juridical double taxation is restricting the free movement of capital. The ECJ‟s case law regarding inheritance taxes are very varying. In its initial case law, the ...
School librarians and educators have specific copyright questions that are often glossed over in larger books on the subject. Now, thanks to best-selling copyright authority Carrie Russell, there's a resource just for them, offering clear guidance for providing materials to students while carefully observing copyright law. Using whimsical…
Gottlieb, George; Cooper, Barry A.
Chapter 4 of S. 22 requires that works bear a copyright notice, but greatly reduces the penalties for an incorrect or nonexisting notice. It also establishes an optional system of copyright registration. The 12 sections of Chapter 4 are discussed in depth and compared to the existing copyright law. (LBH)
Provides an overview of intellectual property and copyright issues as they relate to online learning environments. Includes a historical perspective; laws and regulations; liability; Web-related issues; higher education; distance learning; compliance strategies; and policy recommendations. (Author/LRW)
... law were referred to the Register of Copyrights concerning the authority of the Register of Copyrights... questions of substantive law for her consideration: Does the Register of Copyrights have the authority under... law. That motion was denied by the Copyright Royalty Judges on March 30, 2010. Order Denying Motion...
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...
When we look at competition and markets at the international level we are used to investigating regulation of Business to Business (B2B), Business to Consumer (B2C) and Consumer to Consumer (C2C) relationships. In international economic law, in addition, questions focus on the regulatory framework
d' Aspremont, J.; Kosta, V.; Skoutaris, N.; Tzevelekos, V.P.
The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the
This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de
Local energy supply under national and European law. With special regard to municipal policy opportunities. Oertliche Energieversorgung nach nationalem und europaeischem Recht. Unter besonderer Beruecksichtigung kommunaler Gestaltungsmoeglichkeiten
Conceivably, the erection of a single European energy market for electricity and natural gas as specified in the EC draft guidelines may change the conditions of local energy supply. This thesis therefore investigates which instruments are at the disposal of municipal governments for the realization of energy-political concepts of their own: Rights of way and granting of franchises, establishment of and transfer of tasks to municipal utilities, common carvier duties, and free choice of suppliers by distributors. The handling of franchise payments and treatment of municipal interconnected networks are of considerable importance for the financial situation of communities. The first section deals with the legal issues of local energy supply with regard to national law. The second part deals with the same questions with regard to community law. Furthermore it is considered what would be the consequences of the realization of the two guidelines concerning the single energy market. In the final section the results are compared and the significance of community law for local energy supply is assessed. (orig./HP)
Geleneksel ve Elektronik Eser Sahiplerinin Telif Hakları, Dijital Haklar Yönetimi: Uluslararası Düzenlemeler ve Fikir ve Sanat Eserleri Kanunu Çerçevesinde Bir Değerlendirme = Copyright of Traditional and Electronic Works’ Owners, Digital Rights Management: An Evaluation within the Framework of International Regulations and Law on Intellectual and Artistic Works
Full Text Available Bilgi ve iletişim teknolojilerinin gelişmesi ile fikri haklar alanında da değişiklikler kaçınılmaz olmuştur. Teknolojik imkânların gelişimi ve dijitalleşme ile dijital eserlerin üretimiyle birlikte telif haklarında sorunlar ortaya çıkmaktadır. Çalışmada, genel olarak, telif haklarının dijital eserlere ve dijital haklar yönetimine yönelik incelenmesi amaçlanmaktadır. Çalışmanın kapsamını dijital haklar yönetimi çerçevesinde 5846 sayılı Fikir ve Sanat Eserleri Kanunu oluşturmaktadır. Bu kapsamda ilgili Yargıtay kararlarının konuları bazında analizi de hedeflenmektedir. Ayrıca, küresel alanda dijital haklar yönetimi alanında önemli hukuksal düzenlemeler olan WIPO (World Intellectual Property Organization Telif Hakları Sözleşmesi ve WIPO İcralar ve Fonogramlar Sözleşmesi çerçevesinde de değerlendirmeler içerik analizi yöntemi ile yapılmaktadır. Çalışma sonunda, bir yandan, Fikir ve Sanat Eserleri Kanunu’nda dijital haklar yönetimine ilişkin hükümler bulunduğu sonucuna varılmaktadır. Diğer yandan, bu kanunda dijital eserlerin telif hakları ve dijital haklar yönetimine dair eksiklikler bulunmakta ve bu eksiklikler mali haklar alanında yoğunlaşmaktadır. / With the development of information and communication technologies, changes are inevitable in the field of intellectual property rights. With the progress of the technological opportunities and digitization, issues in copyright emerge along with production of digital works. In the study, generally, it is aimed at examination of digital works and digital rights management within the context of copyright. The Law No. 5846, Law On Intellectual And Artistic Works within the framework of digital rights management constitutes the scope of the study. In this context, it is aimed also at the analysis of the relevant Supreme Court decisions on the basis of their subjects. In addition, it is evaluated within the scope of WIPO
1. The absence of a right to adopt under the European Convention on Human Rights. 2. Eligibility to adopt, civil status and sexual orientation. 3. Rights of the natural parents with regards to adoption proceedings. 4. Dispensing with parental consent to further the best interests of the child. 5. The (almost) equal standing of biological and adoptive families under Article 8. 6. Recognition of foreign adoptions. 7. Conclusions: the demise of the margin of appreciation doctrine?
This paper briefly summarizes the Copyright Act recently passed by the United States Congress as it relates to graphic arts and points out that the law ignores the major problem facing that field: the lack of copyright protection for typography and typeface designs. It then explains the reasoning used for denying protection to typography and…
Development, concept and scope of copyright protection in Nigeria: an overview. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in ...
It has been argued that some of the main provisions of the EU sex equality law, namely the Equal Treatment and the Equal Pay Directives, have hardly had any influence on the decision to introduce legislation in the UK, aimed at eliminating discrimination based on sex with regard to pay, access to jobs, training and working conditions. The Equal Pay Act (1970) and the Sex Discrimination Act (1975), which represent the two main pillars of equality legislation in the UK, were both introduced pri...
Digital learning is being transformed by changes in copyright law. This article discusses the author's personal journey as a copyright education activist through two rounds of rulemaking proceedings before the Copyright Office concerning the anti-circumvention provisions of one part of the copyright law, the Digital Millennium Copyright Act…
The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....
Full Text Available Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1 of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1 the notion of tribunal 2 its attribute of being established by law 3 being independent and 4 being impartial.
Schovsbo, Jens Hemmingsen; Rosenmeier, Morten
This article examines the interface in copyright and design law in Denmark and with accounts also for Norway and Sweden. It is pointed out how Scandinavian courts have historically employed several strategies to limit copyright protection of works of applied art including 1) “raising the bar......” to keep works with “clear functional intentions” out of copyright (as seen in Norway and until recently also in Sweden) and 2) narrowing the scope of protection (seen in all three nations). It is finally pointed out how, presently, it is doubtful to what extent the de-velopment in EU law will allow...... these models developed in national law to continue....
den Heijer, M.; Tauschinsky, E.
Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds
Police Enforcement Policy and Programmes on European Roads (PEPPER). Workpackage WP4 `Good Practices in Traffic Enforcement', Working paper 24: Good practice in data and data collection for monitoring and evaluating traffic law enforcement.
Schagen, I.N.L.G. van Bernhoft, I.M. Erke, A. Ewert, U. Kallberg, V.-P. & Skladana, P.
This working paper describes the good practice requirements regarding data and data collection for monitoring and evaluating Traffic Law Enforcement (TLE). The aim is at, eventually, individual police forces/countries put the identified ’good practice’ data into a European TLE monitoring database
Francisco Javier Mena Parras
Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.
The renewable energy development framework - II. The foundations of renewable energy development: Economic foundations of renewable energies; International foundations of renewable energies; European foundations of renewable energy development; Foundations of renewable energy development in internal law
Combes Motel, Pascale; Thebaut, Matthieu; Loic Grard; Michallet, Isabelle
A first article analysis the reasons for the development of renewable energies (economic and environmental reasons, European commitments in terms of production objectives), how these renewable energies can be developed (acceptation by the population, administrative, technological, and financial constraints, political instruments related to market, taxes and purchase prices). A second article proposes a discussion about the way international law deals with renewable energies as far as texts as well as actors are concerned. The third article describes the European ambitions regarding renewable energies as a product of national perspectives (national action plans and projects) as well as of European perspectives (financing, integrated actions). The last article presents and comments various legal texts dealing with the development of renewable energies in France (texts concerning the right to energy, the environment law, planning tools, incentive measures)
Nevins, Francis M., Jr.
Current developments in both the civil and criminal law as they relate to the hobby of film collecting are analyzed. The first-sale doctrine, court cases involving copyrights of films, and the role of the Federal Bureau of Investigation in confiscating films on behalf of the Film Security Office of the Motion Picture Association of America are…
Gordeeva, Yelena M.
An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights
Participation of the public in licensing procedures for large-scale projects has been an item of discussion since the sixties in the legal sciences and on the political level. The introduction of the environmental impact assessment (EIA) as a legal requirement in EC law and its implementation in practice was the occasion to once again investigate the principle of participation of the public in the current legal framework. The study in hand reviews the legal provisions found in administrative law, constitutional law and European Community law governing the right of participation of the public and also takes a look at the situation in practice. The results show both the legal status and conditions of enforcement as prevailing after the coming into force in 1989 of the Act on Performance of an EIA, as well as inadequacies and deficits in the current legal framework. (orig.) [de
Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation
Marina Eduardovna Kandel
Full Text Available Objective to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor and its implementation in the Labor Law of the Russian Federation in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods comparative legal research method was applied. Results the comparative legal analysis was carried out of the implementation of measures and warranties expressed in Art. 7 of the European Social Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty for the first time the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law the degree of their compliance with the Charter is determined practical steps are offered to reform the Russian legislation with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value the measures for the protection of children proposed by the author can be used in scientific legislative and lawenforcement practice in Russia. nbsp
...) Return of deposit copies. Copies of works deposited in the Copyright Office pursuant to law are either... Congress, or disposed of according to law. When an application is rejected, the Copyright Office reserves... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Payment and refund of...
Oakley, Robert L.
Discusses issues that deal with the interface of copyright law and online systems. Areas of change needed to maintain the balance between users and creators of electronic information are identified, limits of the Copyright Act are explored, and it is suggested that existing copyright law can be applied to electronic information. (four references)…
After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...
Oct 5, 2009 ... modes of protection of intellectual property, and has left the law completely in a .... “Nigerian Computer Software Protection in Nigeria" [www ...... H. Ryder & Smith, “Public key Encryptocraph Standards: R.S.A. Data Security”,.
Nevins, Francis M., Jr.
Legal issues surrounding the collecting of movies are analyzed with the conclusion that neither law nor public policy supports a cause for action against the ultimate consumer of film prints and that it is not in a studio's economic interest to bring such actions against collectors. (JT)
Johnson, Wendell G.
Copyright concerns continue to bedevil K-12 librarians, who are often called upon to act as the copyright officers in public schools. This article describes recent copyright developments of concern to these librarians in three areas: a recent court case involving a university library, pending legislation supported by ALA, and a regulatory update.…
... Software and Computer Software Documentation 227.7203-9 Copyright. (a) Copyright license. (1) The clause at... rights licenses obtained under the clause. When non-standard license rights in computer software or computer software documentation will be negotiated, negotiate the extent of the copyright license...
Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol
Raul Sorin Fântână
Full Text Available Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.
The work first introduces the area of public licenses as a space between the copyright law and public domain. After that, consecutively for proprietary software, free and open source software, open hardware and open content, it maps particular types of public licenses and the accompanying social and cultural movements, puts them in mutual as well as historical context, examines their characteristics and compares them to each other, shows how the public licenses are defined by various accompan...
When writing an article an author encounters several moments where he is confronted with copyright whether he likes it or not or whether he is interested in the topic or not. Unfamiliarity or lack of interest with copyright can create an unbalance in the careful package of the balances which copyright is and thus hinder innovation of the process of scholarly communication. The Dutch SURF Foundation together with its British counterpart JISC have developed a © toolkit which supports and assists authors, librarians, legal offices and publishers to (re)phrase publishing agreements and copyright policies of institutions of higher education to achieve maximum access to scientific output.
Full Text Available This article discusses the role of academic librarians in handling copyright-related issues, including their required skills and knowledge about copyright. IP (intellectual property issues have become more important in publishing and in accessing and reusing scientific research, and new technology and delivery mechanisms have increased copyright issues. Due to the complications and general confusion about copyright, there is a growing need for official support. Academic librarians often have only an informal mandate to work in this area and therefore lack confidence, sufficient knowledge and training. They seldom have the authority to work with copyright education in a formalized way. Legitimacy can be achieved by collaborating with other university units with an interest in copyright. Co-operation with other libraries and library organizations is also an important way to share experiences and increase knowledge about copyright. Libraries can contribute to improved IP services once they have established that copyright is a library matter, found tools for copyright education and embedded these activities into library routines.
Emilie Regina Algenio
Full Text Available The corpus of academic librarianship literature notes very little material in relation to the work of new copyright librarians. However, the number of academic libraries hiring librarians to fill these positions is increasing, and the need for such literature is real and pertinent. The purpose of this research is to assist incoming copyright librarians with practical, evidence-based guidance for colleagues just starting out in roles focused on copyright issues. The author drew from professional experience as a first-time copyright librarian at a Carnegie One academic institution in the United States. The author highlights the value of constructing a copyright educational foundation for the university community, cultivating a community of practice, establishing best practices around copyright questions and the utility of effective, vetted copyright resources. Understanding the finer details of a copyright librarian’s job are important, as academic libraries are hiring candidates for other scholarly communication positions, and the applicants are expected to know American copyright law.
This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual pro...
Where copyright is held by IDRC Unless otherwise stated, the copyright to material on this website is held by the International Development Research Centre (IDRC). IDRC permits reading, downloading, copying, redistributing, printing, linking and searching, for non-commercial or academic purposes, of any of its content, ...
Copyright is essential to a diverse and rich culture. Yet the platform--the technology--through which individuals get access to their culture has changed radically. The existing system of copyright thus cannot work in the digital age and needs also to be changed, radically. In this article, the author shares three observations on the way to…
... REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements § 602.34 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable... purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or...
Keenan, Stella, Ed.; Stillman, Mary E., Ed.
The edited transcript of the Copyright Panel at the 9th Information Retrieval Colloquium is presented. In addition to the panel presentation and audience discussion, this issue carries, as appendix material, some of the documents which sparked much of the current copyright debate. (Author/NH)
Helm, Virginia M.
Issues related to the illegal copying or piracy of educational software in the schools and its potential effect on quality software availability are discussed. Copyright violation is examined as a reason some software producers may be abandoning the school software market. An explanation of what the copyright allows and prohibits in terms of…
In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how? The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works. It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted act...
Presents an interview with Jack L. Copeland, President of Training Media Distributors Association on training and the copyright-piracy problem. Discusses video piracy and other unauthorized uses of materials in relation to the new copyright law. (CSS)
Meulen, van der B.M.J.
The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and
Full Text Available The aim of this paper is to investigate and present concepts of the author and his/her copyright work in copyright legislation that entered into force in Croatia from 1846 to 2007. 17 legal documents (acts, corrigenda, amendments were investigated using the content analysis method. The analysis of the results gives an insight into various cultural and sociological dimensions of authorship in the given time-frame. Special attention was paid to definitions of the author and his/her copyright work, examples of copyright works and exceptions related to the duration of copyright for different kinds of copyright works. As there had been no systematic overview of such legal documents in the available literature, they were briefly described in the first part of the paper, highlighting the important articles that stress the role of authors and their copyright work. In the analysis and summary we provide a systematic overview of the main concepts, with a special review of copyright laws in relation to new technologies and artistic forms: it is their relationship that testifies to the complexity of the term 'copyright work'. The paper shows that the basic perception of the author, his/her copyright works and their relations in the analysed copyright legislation has not changed significantly during this period of time. All legal documents refer to the examples of copyright work, and in 1957 a definition of copyright work was included, according to which copyright work is every spiritual (later referred to as intellectual creation. The concept of the author is strongly linked with the concept of author's copyright work. Various examples of copyright works allow us to see the difference between works that are permanent (e.g. literary works, music works, art works and works that are yet to be protected by copyright thanks to the development of technology and new features of artistic expression (e.g. photography, movies, computer programs. The process of
This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain
Manz, Paul C; Zelenka, Michael J; Wittig, Raymond S; Smith, Sally A
...; the alternatives that would permit the Government to own the copyright in government works ; the ability to allow private sector companies to assign coauthored works; and the importance to a federal technology manager of such protection.
regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...
The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...
Roč. 2, č. 2 (2008), s. 49-56 ISSN 1789-1035 Institutional research plan: CEZ:AV0Z70680506 Keywords : the European integration * law of citizenship * European identity Subject RIV: AG - Legal Sciences
Tony G Horava
Full Text Available Academic libraries value the web as being a vital channel for communicating information and policies to their user community. Designing a webpage on copyright is a challenging task that requires a consideration of the medium and the message. This article proposes a conceptual model and proactive approach for integrating policy objective and goals into the development of a copyright webpage, based on key elements of the library’s involvement in academia. To complement this theoretical approach, an analysis of Canadian academic library websites was conducted in order to gage the effectiveness of copyright webpages, in the Canadian legal context, according to the model as well as related design issues of visibility and access.
Bender, B.; Sparwasser, R.
Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de
The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the "copyright controllers." The preservation of the…
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Copyrights. 66.34 Section 66.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE... reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a...
... 7 Agriculture 15 2010-01-01 2010-01-01 false Copyrights. 3016.34 Section 3016.34 Agriculture Regulations of the Department of Agriculture (Continued) OFFICE OF THE CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRICULTURE UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL...
... would recover a significant part of the costs to the Office for services that benefit both copyright owners and the public, and provide full cost recovery for many services which benefit only or primarily... public by creating a more robust public record. The Office therefore sees a clear benefit to offering a...
Haslett, K. Mark
Advocacy on public policy issues such as copyright is a common concern of the Association of Research Libraries (ARL) and the Canadian Association of Research Libraries (CARL). Duane Webster has been instrumental in facilitating a collaborative approach to such advocacy. Part of this involves concerted efforts to ensure that fair use (United…
... DEPARTMENT OF THE INTERIOR Geological Survey Patent, Trademark & Copyright Acts AGENCY: U.S... Consultants, 1255 Roberts Boulevard NW., Suite 200, Kennesaw, GA 30144, on U.S. Patent Application Serial No. 12/133,666, and a divisional patent application to be filed shortly at the Patent and Trademark...
Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)
Eirik Evert Elias Jungar
Full Text Available Streaming video games, that is, live broadcasting playing video games on the internet, is incredibly popular. Millions tune into twitch.tv daily to watch eSport tournaments, their favourite streamer, and chat with other viewers. But all is not rosy in the world of streaming games. Recently, some game developers have aggressively exercised their copyright to, firstly, claim part of the streamers’ revenue, and secondly, control the context in which their game is shown. The article analyzes whether game developers have, and should have, such rights under EU copyright law. Reaching the conclusion that video game streams infringe the game developer’s right to communicate their works to the public, I argue that freedom of expression can and should be used to rein in their rights in certain cases. Subjecting the lawfulness of streams to game developers’ good will risks stifling the expressions of streamers. The streamers, their audience, and even the copyright holders, would be worse off for it.
Vitaliy G. Ivanenko
Full Text Available With the rapid growth of the multimedia technology, copyright protection has become a very important issue, especially for images. The advantages of easy photo distribution are discarded by their possible theft and unauthorized usage on different websites. Therefore, there is a need in securing information with technical methods, for example digital watermarks. This paper reviews digital watermark embedding methods for image copyright protection, advantages and disadvantages of digital watermark usage are produced. Different watermarking algorithms are analyzed. Based on analysis results most effective algorithm is chosen – differential energy watermarking. It is noticed that the method excels at providing image integrity. Digital watermark embedding system should prevent illegal access to the digital watermark and its container. Requirements for digital watermark are produced. Possible image attacks are reviewed. Modern modifications of embedding algorithms are studied. Robustness of the differential energy watermark is investigated. Robustness is a special value, which formulae is given further in the article. DEW method modification is proposed, it’s advantages over original algorithm are described. Digital watermark serves as an additional layer of defense which is in most cases unknown to the violator. Scope of studied image attacks includes compression, filtration, scaling. In conclusion, it’s possible to use DEW watermarking in copyright protection, violator can easily be detected if images with embedded information are exchanged.
Ernesto Rengifo García
Full Text Available Search engines are an important technological tool that facilitates the dissemination and access to information on the Internet. However, when it comes to works protected by authors rights, in the case of continental law, or Copyright, for the Anglo-Saxon tradition, it is difficult to define if search engines infringe the rights of the owners of these works. In the face of this situation, the US and Europe have employed the exceptions to autorights and Fair Use to decide whether search engines infringes owners rights. This article carries out a comparative analysis of the different judicial decisions in the US and Europe on search engines and protected works.
Charles W. Bailey Jr.
Full Text Available Three critical issues—a dramatic expansion of the scope, duration, and punitive nature of copyright laws; the ability of Digital Rights Management (DRM systems to lock-down digital content in an unprecedented fashion; and the erosion of Net neutrality, which ensures that all Internet traffic is treated equally—are examined in detail and their potential impact on libraries is assessed. How legislatures, the courts, and the commercial marketplace treat these issues will strongly influence the future of digital information for good or ill.
Schovsbo, Jens Hemmingsen; Riis, Thomas; Rognstad, Ole-Andreas
This contribution analyses and discusses the use of collective management organizations (CMOs) in copyright. More concretely, it examines the use and effects of extended collective licenses (ECL). This model of rights management has been developed in the Nordic countries and has for some time been...... hailed as a promising tool to solve some of copyright’s problems relating to mass uses of works. It is pointed out how ECL builds on users generated rights managements structures (CMOs) but owes its specific effectiveness to a legislator’s willingness to provide a third-party effect of the collective...
Integrated energy and climate policy. Securing the supply of natural energy. An investigation of the German and European law; Integrierte Energie- und Klimapolitik. Die Sicherstellung der Erdgasversorgung. Eine Untersuchung deutschen und europaeischen Rechts
Due to the extreme importance of natural gas as an energy source within an integrated energy policy and climate policy at national and European level, and due to the specific risks associated with the supply of natural gas, the contribution under consideration reports on the security of supply of natural gas. The following aspects are examined: To what extent are regulations on security of the natural gas supply provided in the German and European law. Which actors have the responsibility for the security of supply? What are the weaknesses in the legal arrangement of security of supply? The contribution also reports on the increasing importance of the EU as an actor of guarantee. The contribution of the EU to the security of supply in the supply of natural gas also is analysed.
This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...
Nielsen, Stine Piilgaard Porner
Human trafficking is considered to be modern day slavery. The EU continuously seeks to strengthen its fight against this crime, latest with the Directive on Prevention, Combat and Protection adopted in April 2011. But to what extent is the EU able to fight human trafficking through law? Human trafficking is a complex problem which can be assessed from different perspectives. The EU primarily addresses the fight against human trafficking through criminal law, and this thesis investigates the e...
Full Text Available In Austin & Others v the United Kingdom The European Court of Human Rights came to the conclusion that the use of a police cordon, also known as “kettling”, where approximately 2000 people were forced to remain inside the cordon for up to eight hours, did not amount to deprivation of liberty under Article 5 (1 of the European Convention on Human Rights. This conclusion was reached by way of restrictive interpretation of the term “deprivation”. Previous case law establishes a set of criteria to be used when deciding if an infringement on the physical liberty to move from place to place constitutes a deprivation of this liberty, or merely a restriction upon it. These criteria were upheld in Austin, but were found to give room for taking into account the context and circumstances in which the police cordon was used. The previous view of the Court that the grounds justifying deprivations of liberty listed in Article 5 (1 (a-f are exhaustive, was also upheld. In this article the starting point is the close relationship between national police law regarding the maintenance of security and public order on one hand, and the principle of necessity on the other. It is emphasised that “necessity”-based norms in national police law can make police measures directed against innocent third parties legal, deprivations of liberty included, but that this possibility would have been absent in Article 5 (1 of the Convention without the aforementioned restrictive interpretation of the term “deprivation”. An attempt is made to show that this interpretation is in fact based on central elements of the principle of necessity. Furthermore, it is attempted to show that the restrictive interpretation can be seen as a reflection of the need acknowledged in national police law, as well as in other articles of the Convention, to direct police measures against innocent third parties.
LUCIAN T. POENARU
Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.
Tony G Horava
Full Text Available Ebooks have become increasingly common in collection development strategies. The availability and delivery of monographs in digital formats has gained significantly in popularity in many libraries, particularly in the academic sector. Licensing is the common method of acquiring ebooks, whether as a subscription or a purchase. Libraries have had to transform selection and workflow processes in order to acquire ebooks in an efficient manner. Little attention, however, has been paid to the interplay between licensing as a contractual arrangement and the statutory rights available under Canadian copyright law. Fair dealing is a concept of critical importance in Canadian copyright, as it provides the foundation for user rights in support of culture, learning, and innovation. There are other provisions of specific value for libraries, such as interlibrary loans and access by persons with perceptual disabilities. This article will examine these issues and proposes a few strategies that libraries can adopt to ensure that statutory rights are not eroded in licensing agreements
Full Text Available This essay explores the reactions of Sherlock Holmes fans and enthusiasts to assertions of intellectual property ownership and infringement by putative rights holders in two eras of Sherlockian history. In both the 1946–47 and 2013–15 eras, Sherlock Holmes devotees villainized the entities claiming ownership of intellectual property in Holmes, distancing those entities from Sir Arthur Conan Doyle and casting them as greedy and morally bankrupt. Throughout each era, Sherlockians did not shy away from creating transformative works based on the Holmes canon over the objections of putative rights holders. This complicates the usual expectation that copyright assertions against fans are likely to chill fan production. The essay explores possible reasons why Sherlockian fandom might differ from other fandoms in this respect, including the role of the Great Game form of Sherlockian fandom in shaping fan attitudes toward their subject.
... (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a..., spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual... general, Federal law is better defined, both as to the rights and the exceptions, and more consistent than...
Full Text Available Aereo is a cloud-based startup company that offers people the possibility to watch live (or nearly live television on computing devices and smartphones. It was sued by the major US broadcasters for copyright liability and the case went to the Supreme Court where Aereo lost. It encapsulates a dilemma facing courts in the US and EU – that a ruling to shut down Aereo, on the basis that it is unlawful under copyright law, could threaten innovation in areas such as the cloud. The Aereo case turned on a narrow point of US copyright law, which this paper discusses. The core issue for this paper was to analyse the legal dispute between Aereo and the broadcasters as documented in the court papers, including transcripts of the hearing, and submissions in support of both parties. A key finding was that the technical design and characterisation of the service lay at the heart of the argument over copyright. The US courts deliberated at length as whether Aereo is more like a cable TV company, or is it merely an equipment provider, providing a digital video recorder in the cloud. The paper discusses whether technical design matters or whether the substantive effect could be the determining factor. The paper then broadens the perspective to examine the position of cloud service providers. It does so in general terms, using amicus curiae briefs and other documentation from the US court case, before concluding with a consideration of the EU position. An important finding is that the complexities of content acquisition, transmission and format-shifting will generate considerable legal uncertainty.
Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke
Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....
Dennis K W Khong
Full Text Available Current copyright laws in all jurisdictions are lacking explicit provisions for protecting many types of contemporary art. It remains unclear to what extent ideas should be copyrightable as art, if at all; or whether an artwork’s commercial nature provides a decisive factor regarding appropriation. Certain situations seem plainly inappropriate, such as artists needing to seek legal counsel in conjunction with creating their artwork: inappropriate in its financial extravagance and in its inevitable curb on creativity. As such, it is incumbent upon courts and legislatures to analyze the issue and to provide guidance. It is the author’s finding that strong moral rights and a vibrant public domain are not necessarily at odds with each other, especially when parties are open to communication. Laws operate to provide structure when parties do not make other arrangements amongst themselves; contracts between artists and galleries, artists and publishers, even artists and other artists may provide the highest degree of satisfaction for specific parties to a specific situation. Not surprisingly, parties with legal or business interests in art and parties with artistic interests in art would communicate better if they understood each other’s situations. Hopefully the issues will continue to be the focus of some thought on all platforms such that informed legal decisions can be made and artists can pursue and protect their creative productions, no matter their format.
Each nation's laws should prohibit development, acquisition, or transfer of WMD-critical items and should make it a crime to violate that prohibition for hostile purposes. Thus, WMD proliferation should be illegal everywhere, powerfully reinforcing the norm against acquisition of such weapons as well as facilitating law enforcement and trans-national legal cooperation. Provisions applicable to threats should be harmonized. National laws should address threats and should ensure prosecution of offenders or extradition to another State for prosecution. The scope of legal jurisdiction over such crimes should broadly reach the behaviour of legal entities in trans-national smuggling and weapons development conspiracies. A priority question is precisely which activity should constitute a criminal offence. It is relatively straightforward to make the use of WMD a crime; but it will be necessary to reach preparatory steps that can encompass innocent behaviour or even legitimate scientific inquiry. Bio-terror preparations, for example, may employ the same materials, equipment and techniques as undertaking legitimate disease research. Standards must be developed to instruct law enforcers as to what behaviour merits criminal investigation to prevent a hostile attack. Similarly, legal measures must define 'WMD' items, including chemical and biological agents that are non-lethal but incapacitating to humans as well as agents that are lethal as to animal or plant life. If WMD proliferation is criminalized, each State's law enforcement officials must work jointly with their counterparts in other States by sharing information, conducting investigations, and prosecuting apprehended terrorists. State cooperation both in gathering intelligence and using that information to prevent criminal activity is undermined, however, by lack of coherent legal instruments. Currently, there is no integrated database of State laws concerning production or use of WMD; it is difficult to know what
González Vaqué, Luis
On July 13 2010, the European Commission adopted a series of measures which outline a new approach on Genetically Modified Organisms (GMOs) cultivation in the Member States. This proposal, which still retains the basis of the existing science-based GMO authorisation system, will be implemented through: a Communication from the Commission, explaining the new approach on the freedom for Member States to decide on the cultivation of genetically modified crops; the "Proposal for a Regulation of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory"; and a new "European Commission Recommendation (2010/C 200/01) of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops".
The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding
Schagen, I.N.L.G. Bernhoft, I.M. Erke, A. Ewert, U. Kallberg, V.-P. & Skladana, P.
This report is the Deliverable of task 4.3a of the PEPPER project. It describes the good practice requirements regarding data, data collection and data use for monitoring and evaluating Traffic Law Enforcement (TLE). The aim is that, eventually, individual police forces/countries put the identified
Jonker, M.; Tigchelaar, H.
In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on
Levels, Mark; Sluiter, Roderick; Need, Ariana
The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal
This book contains valid, real-world copyright questions posed by real-life educators--all answered by a knowledgeable and experienced school attorney. Poor economic conditions have driven publishers to be more aggressive with pursuing improper use of their copyrighted materials. At the same time, new technologies are complicating old copyright…
There is a growing call to introduce a European public notice filing system for security rights in movable goods comparable to the notice filing system of Art. 9 UCC. A proposal to this effect has been adopted in Book IX DCFR, which represents a comprehensive framework of rules for proprietary
This Act takes into account Directive 89/618/Euratom of 27 November 1989 of the Council of the European Communities on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency. (NEA)
The difficult question of where financial losses are directly sustained has been (partly) solved by the European Court of Justice on 28 January 2015. In Kolassa the ECJ ruled that an investor suffers direct financial losses as a result of corporate misinformation (i.e. misleading information
Michaela D. Willi Hooper
Full Text Available I undertook this paper so that I, along with other librarians and educators, could better understand how to comply with copyright law, conserve university resources, and streamline services to students regarding the procurement of public performance rights (PPR for films and other audiovisual resources. Student groups frequently screen films on campuses, and accepted legal interpretations of sections 101 and 106 of the 1976 Copyright Act indicate that a specific license should be sought for any public performance of a copyrighted audiovisual work. My review of PPR information on the public websites of the 38 members of the ORBIS-Cascade Alliance (an academic library consortium in the Northwest points to the potential for greater collaboration with student affairs professionals and other campus departments to provide more accurate and complete information about PPR and library audiovisual resources (e.g., DVDs or streaming media that have PPR attached. Campus-focused resources about PPR should include information about fair use, educational exemptions, public domain, open licenses, and library-licensed content that comes with PPR. The academic library community could undertake a project to enhance the accessibility of accurate and supportive PPR information to student groups by creating tools or best practices. This area is ripe for more current research.
... available at: http://www.copyright.gov/laws/rulemaking.html . SUPPLEMENTARY INFORMATION: Background Section... whether a Notice filed in the Copyright Office is sufficient as a matter of law under this section, that... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...
... law, such notices may be filed in the Office only when the public records of the Copyright Office do... filed in the Copyright Office is sufficient as a matter of law under this section, that issue shall be... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...
Full Text Available Issues of copyright infringement are contentious for academia in the online environment. The educational community on campus must carefully consider how digital materials are used, created and disseminated online given that present laws that regulate these actions are not well developed. It can seem like anyone’s guess on how to proceed in order to avoid copyright infringement. This paper offers current descriptions of intellectual property, copyright laws, infringements, and plagiarism in a Canadian context with a view on creating, using and disseminating digital works. The impact of copyright infringement on students and faculty in higher education is explored and some suggestions are made for protective practice.
Full Text Available In this article, the author questions the legitimacy of the general ban on trade in seal products adopted by the European Union. It is submitted that the EU Seal Regime, which permits the marketing of Greenlandic seal products derived from Inuit hunts, but excludes Canadian and Norwegian seal products from the European market, does not ensure a satisfactory degree of animal welfare protection in order to justify the comprehensive trade restriction in place. It is argued that the current ineffective EU ban on seal products, which according to the WTO Appellate Body cannot be reconciled with the objective of protecting animal welfare, has no legal basis in EU Treaties and should be annulled.
be followed by all Muslims. This prophet teachesthe Muslims five basic rules they must strictly obey: prayer five times a day, gifts to the poor, faith inAllah, fasting in the month of Ramadan and pilgrimage to Mecca, at least once in a lifetime. The Koranexcludes the passage of laws by a legislative body, the divinity being the sole “authority” capable ofgoverning life in all its dimensions. However, on the other side, as it would have been expected due tothe old times when it was created, the Koran encouraged a series of injustices and limitations of thehuman rights, from a contemporary point of view; the Islamic law settled the inferiority of women inrelation to men. If in the 7th century the woman’s position in society was rather humble, the voice of theprophet Mohamed improved her condition, the woman becoming her husband’s “partner and closehelper”, and the development of the society led to the emancipation of the woman, especially due toexternal influences. After the beginning of the 19th century, the application area of the Sharia law wasreduced at first due to the western influence, but its proponents succeeded in reviving it, phenomenonknown as “the Islamic rebirth”. Thus, the penetration of modern education as well as the constitution ofnational States led to the acceptance of the introduction of the codes specific to the continental system.In some countries, the Islamic law was officially abolished – this is the case of Albany, Turkey and theformer USSR. International jurisdictions (Hague International Court, supranational (Strasbourg Courtof Human Rights, and even transnational ones (the one from Kosovo have already been created. In thelight of this international trend, legal systems interfere and tend towards external influence and evenglobalization. Given this context, we must mention the Universal Islamic Declaration of Human Rights(the 19th of September 1981, and the European Union – Islamic Conference Organization bilateralforum
Allué Buiza, Alfredo
La Integración Europea es de carácter jurídico internacional y también constitucional. Existen procesos de reforma intergubernamental, procesos cuasiconstituyentes, y procesos de mutación constitucional. Estos últimos procesos han existido a lo largo de todo el proceso de integración. Las mutaciones han inspirado posteriormente los cambios en el derecho originario.European integration has a legal character, international but also constitutional. There are intergovernmental refo...
This Act enables the Italian Government to adopt Decrees aimed at fulfilling Italy's obligations as a European Union Member State. The Directives on the operational protection of outside workers exposed to the risk of ionizing radiation and on the supervision and control of shipment of radioactive waste between Member States within 12 months of the adoption of this Act. The time-limit has therefore been fixed for March 1995. (NEA)
Elsmore, Matthew James
-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...
In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...
Hesselink, M.W.; Gibbons, M.T.
The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is
In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de
Law project adopted by the Senate and authorizing the ratification of the additional protocol to the agreement between France, the European atomic energy community and the international atomic energy agency relative to the application of warranties in France
This project of law concerns an additional protocol to the agreement of warranties signed on September 22, 1998 between France, the European atomic energy community and the IAEA. This agreement concerns the declaration of all information relative to the R and D activities linked with the fuel cycle and involving the cooperation with a foreign country non endowed with nuclear weapons. These information include the trade and processing of nuclear and non-nuclear materials and equipments devoted to nuclear reactors (pressure vessels, fuel loading/unloading systems, control rods, force and zirconium tubes, primary coolant pumps, deuterium and heavy water, nuclear-grade graphite), to fuel reprocessing plants, to isotope separation plants (gaseous diffusion, laser enrichment, plasma separation, electromagnetic enrichment), to heavy water and deuterium production plants, and to uranium conversion plants. (J.S.)
The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with ...
Fomcenco, Alex; Werlauff, Erik
This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should be ...
Schermers, Henry G
In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.
Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias
The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...
Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....
Harold J. Berman
Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.
Discusses the issues involved in reforming the copyright law and redefining fair use as it applies to electronic documents. Highlights include access to and privileges of the Internet, technological development, the evolution of copyright, licenses and fees, the position of publishers and academics, costs, and conditions for creating a stable…
Üldsusele edastamise kontseptsioonist ELi autoriõiguses, juurdepääsust autoriõigusega kaitstud töödele (hüperlingid) ning autoriõiguste rikkumisega seotud Euroopa Kohtu praktikast (nt lahend C-466/12)
Lavik, E.; van Gompel, S.
In 1903, in Bleistein v Donaldson Lithographing, Justice Holmes famously concluded that judges are ill-suited to make merit judgments when determining the eligibility for protection of works. Subsequent courts and commentators have generally followed his caution. Yet, no one has thought through how
Digitaalsetest raamatukogudest ja vastavast regulatsioonist, kultuurilise pärandi säilitamisest ning autoriõigusest. Raamatuarvustus: ISBN 978-1-84980-004-4 (RRis 6. k õiguse/rvo saalis olemas autoriõiguse all: 2-11-04625)
Parker, Zachari. A.
The influence that teacher beliefs have on classroom instructional practices in areas such as science and mathematics have been studied and documented by researchers. However, only a few researchers were found to have specifically investigated the influence of technology teachers' beliefs on instructional practices, relating to the teaching…
..., and before March 1, 1989, without the notice required by U.S. copyright law. I certify that the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Procedures for copyright... American Free Trade Agreement. 201.31 Section 201.31 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE...
Marley C. Nelson
Full Text Available Dr. Kenneth Crews gives an overview of the history of copyright law, using creation and evolution as touchstones for the quick leaps and long crawls made in this discipline. Using multiple examples, the often-contentious history of copyright law is presented in an approachable and understandable manner. Tensions between many of the forces that have shaped, and still are shaping, copyright law are discussed, including the tension between creators and consumers of copyrightable materials. In the end, both forces are shown to be not only important to, but necessary for, the development of U.S. copyright law. The program closed with a call to action for attendees to speak out on copyright law and to become part of the forces that continue to create change in this discipline.