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Full-Text Articles in Law

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul Oct 2005

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul

Theses and Dissertations

It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …


Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert Sep 2005

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.


Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky Sep 2005

Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky

Theses and Dissertations

Nepal's obligation of bringing its national legislation in conformity with the WTO Covered Agreements is one of the greatest challenges faced by Nepal. Here, for the purpose of our study, the coverage of the WTO Covered Agreements includes the WTO Agreement particularly Article :XVI:4, the Multilateral Agreements on Trade in Goods, General Agreement on Trade in Services and Agreement on Trade-Related Aspects of Intellectual Property Rights.60 This dissertation will focus on Nepal's accession to the WTO and examine Nepalese laws to be revised, amended or enacted to give effect to WTO Covered Agreements. This dissertation is divided into four Chapters …


A Just New World Order In The Global Finance, Insop Pak May 2005

A Just New World Order In The Global Finance, Insop Pak

Theses and Dissertations

This study attempts to address that in search of a just new world order in the global finance what should be the proper national, regional, and international responses to the global financial integration. At first glance, it analyzes the globalization of finance. The impact of globalization on state sovereignty is also demonstrated. In this regard, this study seeks to reconceptualize the traditional notion of state sovereignty. Here it highlights the increased interaction and interdependence between states and non-state actors in the global economy. Then, this study moves on to the anatomy of the dynamics of global governance through government networks- …


From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang Apr 2005

From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang

Theses and Dissertations

Over the past decades, the ROC criminal justice system has long been criticized for its insufficient human rights protection, especially for the alleged criminal offenders. From 1947 to 1987, the ROC enforced martial law and was in a state of siege. In this era of martial law rule, ordinary citizens in the ROC jurisdiction lived for four decades with little anticipation of any recognition of their inherent human rights, not to mention the rights of the accused. To some extent, it was considered a privilege for an ordinary citizen to claim any right to an impartial trial. The guarantee of …


Legal Aspects Of Humanitarian Intervention In International Practice: A Survey Of Evolving Norms, Mohamed Makkawi Jan 2005

Legal Aspects Of Humanitarian Intervention In International Practice: A Survey Of Evolving Norms, Mohamed Makkawi

Theses and Dissertations

The concept of intervention for humanitarian reasons has long been a controversial matter in international law and relations. The traditional concept of humanitarian intervention coupled with the use of armed force can be traced back to ancient times, but the opinions of scholars, politicians, diplomats, legal literature and state practice still disagree on its existence and application. On the one hand, some say that intervention for humanitarian reasons cannot be legal, justifiable or permissible. On the other hand, there is growing international concern for the protection of human rights and the right to intervene towards these ends; and for some, …