Law Commons^™

The Eu’S Accession To The European Convention On Human Rights: An International Law Perspective, Jed Odermatt

Jed Odermatt

Article 6(2) of the Treaty on European Union establishes that the Union “shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.” In early 2013, negotiators of the 47 Council of Europe member states and the European Union finalised a draft Accession Agreement that would allow the EU to accede to Convention. Taking this draft Accession Agreement as a starting point, this paper examines the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will have …

Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi

Professor Ben M Tsamenyi

Papua New Guinea (PNG) acceded to the 1951 Convention and the 1967 Protocol in 1986, after having initially declined to accept those instruments, which had been extended by the administering power, Australia. This article analyses the background to PNG's accession, and the reasons for its reservations to various provisions. PNG has, for some years, received refugees from West Irian, where the authority of the Indonesian Government continues to be challenged by the OPM (the Free Papua Movement). Before 1984, refugee arrivals were sporadic and involved relatively small groups of people; between February and June 1984, however, over ten thousand West …

The Likelihood Of Turkey's Accession Into The European Union: A Controversial Inquiry, Ashleigh E. Hebert

Ashleigh E Hebert

The contentious nature of Turkey's accession into the European Union largely stems from its Islamic heritage, which has caused the county to struggle with the separation of church and state. Although the Republic of Turkey was founded in 1923 on the notion that the state would be secular, the country has difficulty upholding this principle because ninety-nine percent of the population is Muslim. Furthermore, there has been increasing public support for political parties that support theocratic governance, or alternatively, a plurality of legal systems categorizing individuals based on their religious beliefs. Thus, many individuals are concerned that Turkey will not …

The Accession Insight And Patent Infringement Remedies, Peter Lee

Peter Lee

How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this merely highlights the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset.

This Article draws on accession—a physical property doctrine with roots in Roman civil …