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KIM, Eonsuk, and 彦叔 金. "Cross-border Enforcement of Patent Rights : Limits and Solutions in Current Conflict of Laws Regimes." 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/19350.
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Alharbi, Meshal Nayef. "Trademark and patent disputes in Saudi Arabia : an analysis of private international law." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13858.
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The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.
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Tuan, Anh Vu. "Essays on the innovation and intellectual property system in Vietnam." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209583.
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This dissertation provide not only a comprehensive overview on concepts and models of innovation, but it also provide critical analysis on the intellectual property system with an emphasize on the patent system and enforcement system in Vietnam. The empirical findings have suggested that legal business types, firm's age are amongst the determinant characteristics that indicate manufacturing innovation. Furthermore, a number of factors including rewarding scheme,average employee education,collaboration, training are the factors that influence manufacturing innovation.Moreover, an in depth study on the patenting cost system of the fast developing ASEAN countries and China explore the impact of FDI and the patenting cost on the growth of resident patent registration ,which is observed following the traditional demand curve. With poor infranstructure and lack of competent IP personnel, the quality of patent granted is in questionaire. Finally, this research explore in depth the enforcement systems in Vietnam, which need further reform.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished
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Nesheiwat, Ferris K. "The compliance with intellectual property laws and their enforcement in Jordan : a post-WTO review & analysis." Thesis, Durham University, 2012. http://etheses.dur.ac.uk/3639/.
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This thesis examines the implementation, enforcement and evolution of IP laws and regulations in the Hashemite Kingdom of Jordan. The period of interest includes the last decade of the twentieth century and the first decade of the twenty first century, with emphasis on the role played by Free Trade Agreements struck between Jordan and the United States, the European Union, and Jordan’s accession to the World Trade Organization. This thesis also examines the enforcement of the current set of IP laws in Jordan, and looks at their social and economic compatibility with the Jordanian societal norms and economic realities. This thesis argues that Jordanian IP laws lack a meaningful social and economic texture, and have failed to be evenly enforced in Jordan, essentially because they do not fit the Jordanian culture and are not compatible with Jordan’s economic stage of development. Additionally, the thesis argues that IP laws have had insignificant economic impact on the Jordanian economy as the majority of technologies used in Jordan, and the majority of foreign direct investments attracted to Jordan, are not IP related. Finally, the thesis argues that the current Jordanian enforcement model, which is built on coercion by donor countries, is serving the interests of foreign companies to the exclusion of the local citizens, and will not, in the long run, produce an enforcement model based on self-regulation by Jordanians, themselves. The laws, therefore, are unable to produce tangible results for the Jordanian people, or help meet their economic interests. The last part of the thesis deals with recommendations and suggestions aimed at creating an integrated approach to the adoption of IP policies.
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Lawrynowicz-Drewek, Anna. "Le droit processuel appliqué au contentieux des brevets à l’aune de la Juridiction unifiée du brevet : quel rôle pour la Cour de justice de l’Union européenne ?" Electronic Thesis or Diss., Strasbourg, 2024. http://www.theses.fr/2024STRAA012.
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La Juridiction unifiée du brevet (JUB), une nouvelle juridiction internationale spécialisée dans le contentieux des brevets européens, est soumise au respect du droit de l’Union européenne. Ce dernier, toutefois, demeure éparpillé et incomplet en matière de la procédure civile. La question du rôle effectif de la CJUE dans l’interprétation des règles procédurales de la JUB représente un intérêt majeur. Or, l’analyse approfondie des règles européennes et celles propres à la JUB conduisent au constat que ce rôle demeure à ce jour limité. L’absence de renforcement du rôle de la CJUE conduit à un risque de l’incohérence du droit de l’UE, de son application non uniforme ainsi que, de point de vue stratégique, à un forum shopping prononcé réduisant l’attractivité de la nouvelle juridiction spécialisée. Pour remédier à cette situation, la thèse suggère une série des propositions visant à renforcer le rôle de la CJUE en la matière, tantôt à travers des instruments horizontaux que spéciauxThe Unified Patent Court, a new international jurisdiction specializing in European patent litigation, is subject to European Union law. European Union law, however, remains scattered and incomplete when it comes to civil procedure. The question of the CJEU's effective role in interpreting the UPC's procedural rules is of major interest. However, an in-depth analysis of the European rules and those specific to the UPC leads to the conclusion that this role remains limited to date. The failure to strengthen the role of the CJEU leads to a risk of inconsistency in EU law and its non-uniform application, as well as, from a strategic point of view, to pronounced forum shopping, reducing the attractiveness of the new specialized jurisdiction. To remedy this situation, the thesis suggests a series of proposals aimed at strengthening the CJEU's role in this area, both through horizontal and special instruments
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Nie, Jianqiang. "The enforcement of intellectual property rights in China /." London : Cameron May, 2006. http://aleph.unisg.ch/hsgscan/hm00189727.pdf.
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Pacheco, Rodríguez Miguel Ángel. "Social Rights Enforcement: Some Contributions from Legal Theory." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115475.
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This paper explores some of the main contributions developed bylegal theory in favour of social rights enforcement. The first part is devotedto the concept of subjective right and particularly to the conceptions due toRobert Alexy and Luigi Ferrajoli. The second part includes the analysis ofthe relationship between social rights and the principle of equality. Specialattention will be given to Luis Prieto’s theory. Finally, both post-positivisticand neo-constitutionalistic theories of Law will be evaluated in terms of theirdegree of recognition and defence of social rights.En este trabajo se exponen algunas de las principales contribuciones de la teoría del Derecho a la exigibilidad de los derechos sociales. La primera parte está dedicada al concepto de derecho subjetivo y especialmente a las propuestas de Robert Alexy y Luigi Ferrajoli. En la segunda parte, se analiza la relación de los derechos sociales con el principio de igualdad y, más concretamente, la propuesta de Luis Prieto. Finalmente, se exploran las posibilidades que tanto la teoría pospositivista del Derecho como la neoconstitucionalista ofrecen para un mayor grado de reconocimiento y eficacia de los derechos sociales.
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Davis, Tara M. "International intellectual property rights : effectiveness of incentives for enforcement." Virtual Press, 2008. http://liblink.bsu.edu/uhtbin/catkey/1390656.
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In this technological age the distribution of information happens faster and easier than ever before. This ease of transfer of information brings challenges for international intellectual property rights protection. It addresses reasons governments work to increase enforcement and reasons governments do not comply with enforcement protocols. It assesses the pressure international agreements and incentives exert on governments to produce compliance. This paper evaluates 76 countries in three non-consecutive years on their level of enforcement. It includes a discussion of contributing factors to government choice in interaction and enforcement. The question of enforcement incentives is addressed both across time and across countries.Department of Political Science
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Vitale, David Anthony. "Political trust and the enforcement of constitutional social rights." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3779/.
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This thesis addresses the long-debated question of courts’ proper role in enforcing constitutional social rights; and it does so from a new perspective – that of political trust. Its central argument is that the concept of political trust – as it has been conceptualised and theorised in the relevant social science literature – has normative potential for defining such a role for courts. Specifically, I argue that courts, in enforcing constitutional social rights, can, and should, use political trust as an adjudicative tool, employing it to develop a standard to which government, in its provision of social goods and services to the public, can and will be held. To make out this argument, I draw on both theoretical and empirical social science scholarship on trust and how it functions in contemporary societies. I suggest, based on that scholarship, that we can expect constitutional social rights adjudication by courts to be able to impact (and in the right circumstances, to foster) political trust. And following from this impact, in combination with the well-recognised value of political trust by social scientists as well as a host of other principled reasons, I make the claim that political trust can, and should, lie at the very centre of social rights enforcement by courts.
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Wu, X. "THE ENFORCEMENT OF JUDGEMENTS IN INTERNATIONAL HUMAN RIGHTS COURT." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/159318.
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It is a well-known fact that international law has not been at its strongest when it comes to its implementation and enforcement, since there is not coercive power in the international system comparable to that which enforces domestic law. However, the judgments of international courts and tribunals must attain full respect by the Member States, thereby sending a credible message that there are consequences for non-compliance. This thesis focuses on how to persuade and pressure a delinquent State into compliance with the judgments in the European, Inter-American and African Courts of Human Rights and identifies the elements constituting an effective mechanism for the enforcement of judgments based on a comprehensive and comparative study of the related legal provisions and practice. It demonstrates that these three human rights courts adopt the same method: supervision without prospect of sanctions, mainly because different dynamics operate in the area of international human rights law. A comparison between the international human rights courts and some other international judicial organs, including the International Court of Justice, the International Tribunal for the Law of Sea, the WTO dispute settlement mechanism and the European Court of Justice with regard to the enforcement of judgments shows that the latter ones rely on coercive measures to ensure compliance and the achievements of the human rights court is inspiring for them on how to enhance their effectiveness. The last part of this study addresses the prospect of establishing an international human rights system in the Asian region based the analysis of the current obstacle from its creation, which now seems more likely on the sub-regional level and provides proposals on the future mechanism for the enforcement of judgments.
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Lee, Yunjoo. "Patent rights and universities : laws and policies in Korea." Thesis, Queen Mary, University of London, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.411257.
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Crowther, Sarah Maureen. "Patenting genes : intellectual property rights in human genomics." Thesis, University of Sussex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313966.
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Heckman, Gerald P. "A study of administrative gatekeeping in Canadian human rights enforcement." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0002/MQ42627.pdf.
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Black-Branch, Jonathan L. "The constitutional entrenchment and judicial enforcement of minority language rights." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310144.
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Chou, Teyu. "Essays on intellectual property rights and product differentiation." Diss., Virginia Tech, 1996. http://hdl.handle.net/10919/40318.
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Burkhardt, Dominik, and Erik Dilexit. "David and Goliath : Patent litigation and its challenges for SMEs." Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-446604.
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The current patent system is by many scholars considered flawed regarding the intended positiveeffects on innovation, especially for small and medium-sized enterprises (SMEs). However, aneffective patent system requires possibilities for firms to enforce their patent rights to fulfil thebasic premise of inspiring innovation. The purpose of this study is to examine the challenges thatSMEs face in patent litigation and how it affects them and their innovation. 14 semi-structuredinterviews were conducted with Chief executive officers or research and development managersof Swedish SMEs to gain insights into the process of patent litigation and its effects on theinterviewed firms. Results showed that R&D investments decreased after patent infringement inmany cases and that firms had a tendency to change the way new patents are written to createstronger patents. The main finding is that patent litigation had a negative effect on SMEs, due tothe high direct and indirect costs resulting from a patent case. This adds to previous researchwhich highlights the disproportionate effects of patent litigation on small firms compared tolarger firms.
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Coskun, Asu. "Enforcement Of Intellectual Property Rights In A General Framework And Evaluation Of Enforcement Measures In The Eu Context." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/2/12608078/index.pdf.
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This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technologythe difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.
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Liu, Jiajia. "The interface between patent rights and competition rules in China." Thesis, University of Essex, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.571507.
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This thesis examines how patent rights and competition rules can be adapted and cooperate in achieving their common goal of promoting dynamic innovation and enhancing consumer welfare, in particular China's approach to issues arising from the patent system and competition law interfaced regime. This research study presents an analysis of both internal and external interfaces between patent protection and competition law. The first two chapters of the thesis discuss competition within the patent law and the balance between initial and follow-on innovators, and the last two chapters of the thesis focus on external restraints imposed by competition policies on the exercise of patent rights.
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Lo, Shih-tse. "Strengthening intellectual property rights evidence from developing countries' patent reforms /." Diss., Restricted to subscribing institutions, 2005. http://proquest.umi.com/pqdweb?did=953999891&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Chen, Shui 1969. "The enforcement of trademark rights in the People's Republic of China /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78209.
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Trademark counterfeiting is one of the most serious problems ever encountered in China. The Chinese government, recognizing the adverse effects that counterfeiting has had on both foreign investment and the nation's economy, has begun to take steps to protect intellectual property rights. To this end, the nation amended its Trademark Law on 27 October 2001. The aims of the amendment are to improve management of trademarks, to strengthen punishment for infringements, and to further meet the requirements of the TRIPs. Although the new amendment is laudable, eliminating the problem will take time.This thesis offers an overview of trademark enforcement in China, beginning with a historical review of China's trademark law before moving on to examine the original version of current trademark legislation, the 1982 Trademark Law. The entry into force of the WTO placed tremendous pressure on China to meet international standards, resulting in the 2001 amendment and the protection it affords to well-known trademarks, as is discussed next. Finally, an examination of the enforcement of the trademark law in China, including the status of counterfeiting, the enforcement system, and the difficulties associated with enforcing trademark rights, is undertaken. The thesis concludes that the Chinese government has made remarkable progress in its quest to combat trademark counterfeiting and that the problem will gradually be overcome as the nation continues to develop its economy and enhance its legal system.
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McLean, Kirsty Sheila. "Judicial interpretation and enforcement of socio-economic rights in South Africa." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670163.
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Keys, M. "Enforcement in Ireland of the rights of mentally disordered people under the European Convention on Human Rights." Thesis, Cardiff University, 2006. http://orca.cf.ac.uk/55162/.
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This thesis examines the rights of people with mental disorder under Irish law against the background of the European Convention on Human Rights. It proposes that Irish law does not meet the minimum standards laid down by the Convention and that significant law reform is required to achieve this aim. The main issues concern the admission, detention and treatment of adults and children in psychiatric care and the safeguards provided in the Irish legal system. These matters are considered against the Convention requirements in the context of the current and ongoing process of law reform in Ireland. The rights addressed are: the right to protection from arbitrary deprivation of liberty under Article 5, particularly the liberty of the compliant incapacitated patient. This includes an empirical study of the habeas corpus provision in Ireland. Article 8 and Article 12 rights are examined, specifically, the right to self-determination in a number of spheres including: consent to treatment, the right to marry, to have a sexual relationship and children and the right not to be sterilised. The right to protection from inhuman and degrading treatment in Article 3 includes consideration of positive state obligations to protect physical integrity in relation to conditions of detention, seclusion and aspects of treatment. The right in Article 2 to have one's life protected from foreseeable risks and the obligation on the state to investigate following death is examined. The restrictions on the removal of civil rights and obligations in relation to access to court to take civil action and to have control over one's property and affairs are examined for compliance with Article 6. The outcome of the examination confirms the proposal that Irish law does not meet the minimum standards of the Convention.
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Fernandes, Joao Miguel de Brito Pinto. "Enforcement of international human rights law in domestic courts in Mozambique and Ghana." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1143.
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"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Shrives, Mariska. "Testing the balance of rights pertaining to enforcement clauses in consumer contracts." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65724.
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The fundamental consumer rights granted to consumers by consumer legislation would be without meaning if no avenues of redress were available to enforce them. In this implementation process it happens that there tend to be an unbalanced effect when one can compare consumer rights with these of service providers and credit providers when dealing with enforcement clauses in consumer contracts. By comparing these rights one may conclude that there is a disproportionate shift of rights to the consumer to the detriment of service providers and credit providers in South Africa. This might have the effect that the South African economy is jeopardized and employment affected. This leads to the realisation that the South African cornerstone of law of contract namely pactum sunt servanda is facing difficulty in the new era of consumer legislation and consumer behavior, yet that it remains important to ensure a sense of security and safety between contracting parties.Mini Dissertation (LLM)--University of Pretoria, 2018.
Private Law
LLM
Unrestricted
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Nhampossa, João Valentim. "Challenges to the implementation and enforcement of socio-economic rights in Mozambique." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12499.
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Mozambique is faced with severe poverty and this study examines what are the main legal and institutional challenges to the implementation and enforcement of socio-economic rights in Mozambique. The author looks at how contributions can be made to the improvement of promotion, protection, and fulfilment of socio-economic rights as well as the improvement of the rule of law and good governance in Mozambique.A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of K.K.K. Ampofo of the Faculty of Law, University of Ghana, Legon.
Thesis (LLM (Human Rights and Democratisation in Africa))-- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Montero, Miguel. "UN Peacekeeping & Humanitarian Intervention as Tools for Enforcement of Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76617.
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Hong, Tzay-Pyng. "International patent regime for pharmaceuticals from the Paris Convention to the TRIPS Agreement." Thesis, University of Hull, 2000. http://hydra.hull.ac.uk/resources/hull:4446.
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Intellectual property protection (IPP) attained its importance in recent years because of the steady increase of intellectual property-endowed goods and technology in global trade. Technology producers, among them multilateral pharmaceutical companies (MPCs) felt that the Paris Convention (the Convention) was not adequate in dealing with trade related issues, and that an agreement was needed to integrate the subject of IPP; especially patent protection for pharmaceuticals, into the broader context of global trade law. The Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) concluded in the Uruguay Round in 1994 brought IPP into the global trading system. The patent system contained in the Agreement reflects to a large extent MPCs' proposal for a strengthened patent system which paves the way to ensure market access and equal competition opportunity in their endeavour to expand global operation. The objective of the global trading system is to liberalise trade, achieved by securing commitments of market access and equal competition opportunity through the application of the principles of most-favoured-nation treatment, national treatment and reciprocity, reinforced by domestic competition policy to ensure efficient functioning of markets.However, in regard to patent protection for pharmaceuticals, the exercise of the exclusive marketing rights conferred by patent protection has trade restricting effect because competition is excluded during the patent term. This trade restricting effect does not compliment the objective of the global trading system nor promote competition. But the TRIPS Agreement does not cover a negotiated result on securing the recognition in domestic competition policy of the exclusive marketing rights conferred by patent protection, especially when domestic competition policy is designed to compliment microeconomic policy such as health care cost control. The implementation of international exhaustion to allow parallel importation of patented products during the term of patent is an example in point. It is an issue the TRIPS Agreement does not address and is excluded from the World Trade Organisation (WTO) dispute settlement mechanism. It is a legal issue because the disparity among national competition policy will cause trade distortions. It is political because the issue touches upon nations' regulatory autonomy in designing their competition policy to compliment other government policies. It also has economic implications in that countries might wish to rely on parallel importation as a mechanism to bring down prices of patent products. A complex issue as such requires- a multilateral solution enshrined in a legally binding agreement. In the absence of such an agreement, patent system under the TRIPS Agreement will be inadequate and ineffective because it will become inoperable and nations will incline to retrieve to unilateral actions for the resolution of grievances.
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Mnisi, S. C. "An analysis of the enforcement of the rights of access to adequate housing." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1211.
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Thesis ( LLM.) --University of Limpopo, 2014The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.
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van, Popering Ruben. "Jain Vegetarian Laws in the City of Palitana : Indefensible Legal Enforcement or Praiseworthy Progressive Moralism?" Thesis, Linköpings universitet, Centrum för tillämpad etik, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-119663.
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The city of Palitana, India, has become the first region known to legally install de facto meat bans, essentially making Palitana a vegetarian city by law. These legal steps seem to be the direct result of social pressure put on local legislators in the form of a mass hunger strike performed by local Jain monks. This thesis is aimed at discussing the background of this case, its connections to a broader general discussion of moral and ethical vegetarianism, and arguments in favor of and against the legal installment of a meat ban in the Palitana case. It is concluded that although the meat ban is ideologically and theoretically speaking ethically justifiable and defensible it is in practice, at least in its current form, not ethically desirable.
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Olenasha, William Tate. "The enforcement of environmental rights : a case study of the new South African constitutional dispensation." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/969.
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"The study aims at exposing the uncertainties that surround the meaning and enforcement of environmental rights. The new South African constitutional dispensation and how it relates to the enforcement of environmental rights has been chosen as a case study. The South African situation is believed to be exemplary when it comes to the enforcement of fundamental freedoms. The South African Constitution provides for environmental rights alongh with mechanisms for their enforcement. The constitution also requires that legislative and policy measures are put in place to give effect to the rights in the Constituion. South Africa also has an idependent and rights oriented Constitutional Court that is capable of handing down decisions that can inspire the development of environmental rights jurisprudence. ... The work is divided into five chapters. Chapter one introduces the work. Chapter two is a conceptual framework that attempts to summarise different concepts surrounding the idea of environmental rights. Chapter three is on comparative jurisprudence, aimed at exposing existing global trends on the enforcement of environmental rights. Chapter four deals with the enforcement of environmental rights under the South African Constitution. Concluding remarks and recommendations are made in Chapter five." -- Chapter 1.Supervised by George Agyeman Sarpong
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Bodin, de Galembert Noémie de. "European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78211.
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The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention.That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.
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Poddar, Mita. "Definition of the state and the enforcement of fundamental rights under the constitution of India." Thesis, University of North Bengal, 2008. http://ir.nbu.ac.in/handle/123456789/316.
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Chabane, Polo Evodia. "Enforcement powers of national human rights institutions : a case study of Ghana, South Africa and Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5295.
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The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not
possess such powers. The difference notwithstanding, all the three have been rated as the best national
institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of
the three commissions and in particular, on the different or distinct mandates assigned to them, namely,
that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights
and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to
draw lessons from these institutions and pick up elements that could best suit Lesotho.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Kofi Quashigah of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Trerise, Jonathan. "A justified system of intellectual property rights." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4788.
Full textAbstract:
Thesis (Ph. D.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on December 14, 2007) Vita. Includes bibliographical references.
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Payne, Bridget Áine. "State-Financed Merger and Acquisition Activity in Germany as a Catalyst for Robust Chinese Patent Law Enforcement." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1171.
Full textAbstract:
Germany’s economic dominance in Europe, generous investment incentives, and technical manufacturing prowess has encouraged an influx of Chinese-led inbound activity, concentrated in high-tech sector mergers and acquisitions. A close examination of these M&As yields evidence of systemic Chinese state-financing through both state-owned and private vehicles that likely stems from China’s “Made in China 2025” policy, which hopes to stem capital outflow and to indigenize technological innovation. As Germany braces for what it sees to be continuous attempts by China to take patented German technology through M&As, it worries that Chinese patent law will allow for rampant patent infringement by copycat Chinese entities.
This paper presents an overview of the root causes of China’s heavy economic activity in Germany, as well as an analysis of the legal concerns held by German firms based on a close reading of the Patent Law of the People’s Republic of China and strategic recommendations for German companies hoping to work with or in China.
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Sadaf, Naeema. "Patent system and its role in the conservation of South African biodiversity." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25513.
Full textAbstract:
South Africa is a biologically diverse but technologically less advanced economy. Like many other developing countries in the world, its biodiversity is exposed to danger due to certain human activities. Among these, patents are charged as the easiest routing for misappropriation of indigenous biological resources and traditional knowledge associated therewith. Being member of the United Nations Convention on Biodiversity, South Africa is under obligation to ensure that its patent system supports the Convention's objectives including biodiversity conservation and sustainable use rather than its destruction and decline. The purpose of this dissertation is not only to dilute this misconception about South African patent system but to prove that with an access and benefit sharing mechanism it is an effective tool for biodiversity conservation, capacity-building and industrial development in the country. To make the system more protective of the rights of the indigenous communities, various modifications have also been proposed in the existing stature of the Act.
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Sereda, V. O. "Current situation and prospects of enforcement by the European Court of Human Rights (ECHR) for the rights of foreign citizens." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/53539.
Full textAbstract:
Purpose: to conduct a comprehensive analysis of the current state and practice of consideration of cases
concerning the rights of foreign citizens and stateless persons by the European Court of Human Rights
(ECHR). Discussion: the key cases brought against foreigners and stateless persons in the European
Court of Human Rights are covered, international legal acts defining the rights of foreigners at the local
level are considered, ECHR judgments on foreigners are analyzed in detail and eligibility criteria are
determined for each of the main cases.Мета: провести комплексний аналіз сучасного стану та практики розгляду справ щодо прав іноземних громадян та осіб без громадянства Європейським судом з прав людини (ЄСПЛ). Обговорення: ключові справи, порушені проти іноземців та осіб без громадянства в Європі Суд з прав людини охоплює міжнародно-правові акти, що визначають права іноземців на місцевому рівні рівень розглянуто, рішення ЄСПЛ щодо іноземців детально проаналізовано та критерії відповідності визначається для кожного з основних випадків.
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Lanjouw, Jean Olson. "The private value of patent rights : a dynamic programming and game theoretic analysis of West German patent renewal data, 1953-1988." Thesis, London School of Economics and Political Science (University of London), 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.527825.
Full textAbstract:
Empirical estimates of the private value of patent protection are found for four technology areas - computers, textiles, combustion engines and pharmaceuticals - using new patent renewal data of West German patents collected for the period 1953-1988. In Germany, a patentee must pay an annual renewal fee to keep his patent in force. Two dynamic discrete choice models of optimal renewal decisions are developed and used. in conjunction with observed hazard proportions and renewal fee schedules, to estimate the returns to protection. Differences in value across technology, nationality of inventor and time are explored both non-parametrically and parametrically within a deterministic framework. A stochastic formulation of the model, which allows both for learning about the innovation and market and for the possibility of infringements, is estimated using a minimum distance simulation estimator. The evolution of the distribution of returns over the life of a group of patents is calculated for each technology. Results indicate that learning is completed after 6 years, that obsolescence is rapid, and that the distributions of patent value are very skewed. Research and development (R&D) expenditures for each technology area are calculated and patent protection as an implicit subsidy to investment in R&D is discussed. Patent protection is valuable only when there are potential competitors for the use of an innovation. Patent rights must be defended. A game theoretic analysis of litigation explores how these facts influence the decision whether to apply for and keep a patent in force and, in tum, the relationship between the distribution of patent value and that of the underlying innovation. Implications for renewal behaviour are derived from the analysis and the data suggests that the level of potential competition does affect the value of protection. Consideration is given to how these findings bear on the interpretation of empirical estimates of patent value as indicators of innovation.
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Dijk, Theodorus Willem Peter van. "The limits of patent protection essays on the economics of intellectual property rights /." Maastricht : Maastricht : Universitaire Pers Maastricht ; University Library, Maastricht University [Host], 1994. http://arno.unimaas.nl/show.cgi?fid=7031.
Full text
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Benyamini, Amiram. "Infringement of the rights conferred by a European Community patent : substantive community law." Thesis, London School of Economics and Political Science (University of London), 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.393960.
Full textAbstract:
The thesis deals with the effects of European patents for the Common harket, i. e. the rights conferred by the Community patent, and the acts constituting an infringement of these rights. This subject is governed, as a rule, by the provisions set out in Chapter II of Part II of the Community Patent Convention 1975 (CPC). This excludes procedural aspects of infringement, and other related matters not covered by the CPC, which are to be determined by national law. The thesis examines in the introduction what are the issues covered solely by Community law, and what are the issues, concerning substantive law of infringement, to which national law will be applicable. The thesis is concerned with the scope of infringing activity under the CPC, and examines the effectiveness and justification of the exclusive rights which it confers upon the patentee. This covers, on the one hand, the acts constituting an infringement, i. e. direct infringement relating to patented products, patented processes and products obtained by such processes, as well as indirect infringement. On the other hand, it concerns the acts excepted by the CPC from the scope of infringing activity, the territorial limitation of the Community patent, the exhaustion of rights doctrine and temporal scope of infringement. For the purpose of analyzing the relevant CPC provisions, and proposing policies and solutions for its interpretation, the thesis examines the CPC's objectives, its relationship with EEC law and its legal history. This is in addition to a comparative study which includes references to the former and present law of EEC countries (to the extent of the availability of materials published in English), British Commonwealth countries and the U. S.. A special emphasis is put on U. K. law,
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Lippoldt, Douglas. "Patent rights, developing countries and the economic influence of the multilateral trading system." Paris, Institut d'études politiques, 2011. http://spire.sciences-po.fr/hdl:/2441/f4rshpf3v1umfa09lass9h1s2.
Full textAbstract:
Cette thèse examine l'influence du système de commerce multilatéral sur l'évolution du droit des brevets dans les pays en voie de développement sur la période de 1990 à 2005. Elle analyse les développements économiques associés à ces reformes. Les rapports sont évalués utilisant principalement des techniques économétriques qui permettent de discerner les coïncidences mais pas la causalité. La contribution principale de cette thèse est : i) d'identifier des concepts pertinents de la littérature théorique actuelle concernant les doits de propriété intellectuelle et le fonctionnement des marchés et ii) de tester empiriquement une série d'hypothèses sur l’existence d'influences internationales sur les réformes du doit des brevets dans les pays en développement ainsi que sur une influence de ces réformes aux certains développements économiques. Le premier chapitre montre la validité de l'hypothèse que les réformes du droit de propriété intellectuelle internationale, combinée avec les intérêts industriels, ont influencé significativement l'évolution des institutions en charge du droit des brevets dans les pays en développement. Le deuxième chapitre confirme l’existence d'une relation positive entre les réformes du droit des brevets et les indicateurs des flux économiques internationaux tels que les importations, les investissements directs étrangers et les brevets d’origine étrangère. Le troisième chapitre soutien l'hypothèse que les réformes du droit des brevets sont couraillées avec des indicateurs d’innovationThis dissertation examines the possible influence of the multilateral trading system on the evolution of patent rights in developing countries during the period from 1990 to 2005 and associated developments with respect to international economic flows and domestic innovation in those countries. The relationships are assessed primarily using regression analysis techniques, which permit discernment of association but not causality. A variety of data, aggregate at the national level, are employed covering a broad sample of countries including developing countries, least developed countries and, for comparison, OECD countries. The main contribution of the dissertation is to identify and relevant insights from existing theoretical work and to test empirically a set of hypotheses concerning a positive relationship of international influences on patent reform in developing countries and a positive relationship of that reform to certain economic developments. Chapter one finds support for the hypothesis that international intellectual property rights reforms, operating in combination with industrial interests, have significantly influenced the evolution of patent rights institutions in developing countries during the study period. Chapter two presents evidence of a positive relationship between patent right reforms and selected international economic indicators including imports and foreign direct investment. Chapter three finds support for the hypothesis that patent rights reforms were positively associated with certain innovation-related indicators during the study period
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Maronero, Cecilia. "Innovation, Intellectual Property Rights and Non-Practicing Entities in the European Patent Market." Electronic Thesis or Diss., Bordeaux, 2023. http://www.theses.fr/2023BORD0488.
Full textAbstract:
Les brevets sont une forme de droits de propriété intellectuelle (PI) particulièrement pertinente pour promouvoir les activités innovantes. Un brevet accorde à son propriétaire un droit exclusif temporaire sur des inventions qui sont nouvelles, qui impliquent une étape inventive et qui sont susceptibles d'une application industrielle. En s'appuyant sur ce droit, les inventeurs peuvent protéger leurs idées contre l'imitation et obtenir un retour économique sur leurs investissements en recherche et développement (R&D). Cependant, l'utilisation des brevets a connu une transformation significative, s'étendant bien au-delà de l'objectif traditionnel de récompenser les efforts innovants. Particulièrement dans le domaine des technologies de l'information et de la communication (TIC), les brevets sont de plus en plus utilisés comme des outils stratégiques (Blind, 2021). De plus, au cours des trois dernières décennies, l'augmentation marquée du nombre de brevets accordés et l'essor sans précédent du commerce des brevets ont ouvert la voie à de nouveaux intermédiaires sur le marché des technologies (Hagiu et Yoffie, 2013). Les Non-Practicing Entities (NPEs)—des entreprises qui n'utilisent pas leurs brevets de manière traditionnelle dans la fabrication, mais qui se consacrent principalement à la concession de licences et à l'application—ont émergé en tant qu'acteurs importants sur le marché des brevets (Golden, 2007; Feldman et Ewing, 2012). Également Patent Assertion Entities (PAEs), parfois désignées de manière péjorative sous le nom de "patent trolls," les NPEs ont fortement polarisé le débat académique et politique. En raison de leur statut de non-producteurs, les NPEs bénéficient des avantages uniques par rapport aux entreprises productrices. Ils sont généralement à l'abri des contre-réclamations pour contrefaçon de brevet et ont récemment été accusés de mettre en œuvre des stratégies de "hold-up" de brevets (Lemley et Shapiro, 2007), que certains estiment imposer un "impôt sur l'innovation" significatif avec des effets négatifs potentiels sur l'innovation future (Chien, 2008). Alors que les NPEs ont été largement analysées sur le marché des brevets aux États-Unis depuis leur apparition au début des années 2000 (Mezzanotti, 2021; Lemley et Zyontz, 2021), ce n'est que récemment que les chercheurs ont commencé à étudier leur présence sur le marché technologique européen (Fusco, 2013; Love, 2013; Leiponen et Delcamp, 2019). Cette thèse vise à combler ces lacunes de recherche en examinant le phénomène des NPEs sur le marché des brevets européens. D'abord, nous explorons et analysons de manière approfondie la littérature sur les modèles économiques des NPEs en adoptant une approche bibliométrique guidée par le protocole Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) pour les revues systématiques de littérature. De plus, nous intégrerons trois études de cas sur les modèles économiques des NPEs. Ensuite, nous étudions empiriquement la présence des NPEs sur le marché des brevets européens grâce à un nouveau jeu de données crée pour analyser les demandes de brevet et les acquisitions de NPEs à l'Office européen des brevets (OEB). Nous élaborons aussi une taxonomie originale, classant ainsi les NPEs en trois modèles économiques : "Litigation", "Portfolio" et "Technology". Enfin, nous explorons empiriquement l'interaction entre les caractéristiques de qualité des brevets revendiqués et la propension des NPEs à choisir des juridictions européennes spécifiques pour engager des poursuites (« forum shopping »)Patents are a form of intellectual property rights (IPRs) that are especially relevant to promoting innovative activities. A patent grants its owner a temporary exclusive right over inventions that are new, involve an inventive step and are susceptible of industrial application. Relying on this right, inventors can protect their ideas from imitation and gain an economic return from their investments in research and development (R&D). However, the use of patents has undergone a significant transformation, extending far beyond the traditional purpose of rewarding innovative efforts. Particularly in the field of Information and Communication Technology (ICT), patents are increasingly used as strategic tools (Blind, 2021). Moreover, over the past three decades, the sharp increase in the number of granted patents and the unprecedented flourishing of patent trading have paved the way for new intermediaries in the market for technology (Hagiu and Yoffie, 2013). Non-practicing entities (NPEs)—firms that do not use their patents in a traditional manufacturing sense, but primarily engage in licensing and enforcement—have emerged as prominent actors on the patent market (Golden, 2007; Feldman and Ewing, 2012). Also referred to as Patent Assertion Entities (PAEs), sometimes pejoratively called "patent trolls," NPEs have greatly polarized the academic and policy debate. Due to their non-manufacturing status, NPEs have unique advantages over operating companies. They are typically shielded from patent infringement counter-claims and have recently faced allegations of employing patent "hold-up" strategies (Lemley and Shapiro, 2007), which some argue it imposes a significant "tax on innovation" with potential negative effects on subsequent innovation (Chien, 2008). While NPEs have been extensively analyzed in the US patent market since their emergence in the early 2000s (Mezzanotti, 2021; Lemley and Zyontz, 2021), it is only recently that researchers have started to investigate their presence in the European technology market (Fusco, 2013; Love, 2013; Leiponen and Delcamp, 2019). This thesis aims to address these research gaps by examining the NPE phenomenon in the European patent marketplace. First, we extensively explore and analyze the literature on NPE business models by adopting a novel bibliometric approach guided by the Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) protocol for systematic literature reviews. In addition, we will integrate three relevant NPE business models case studies. Second, we empirically investigate the presence of NPEs in the European patent market through a brand- new dataset of NPE patent filings and acquisitions at the European Patent Office (EPO). Furthermore, we develop an original taxonomy, thus categorizing NPEs into three business models: "Litigation," "Portfolio" and "Technology" NPEs. Finally, we empirically explore the interplay between the quality characteristics of the asserted patent and the propensity of NPEs to choose specific European jurisdictions where to initiate litigation (forum shopping)
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Okafor-Obasi, Obasi. "The enforcement of state obligations to respect and ensure human rights in international law." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5133/.
Full textAbstract:
Content:
I. The nature and form of international law
1. The acceptance of the existence of an international legal order
2. The legal position of the individual in international law
II. Obligations of states in the protection of international human rights
1. Treaty-based human rights obligations
2. The nature of treaty-based human rights obligations
3. The ”absolute” and ”objective” character of human rights treaty obligations
4. Human rights conventions as self-contained regimes
5. The problem of characterisation of human rights obligations of states
III. Human rights obligations arising from general principles of international law
1. Obligations erga omnes and human rights norms
2. The outlawing of genocide as obligation erga omnes
3. Protection from slavery as obligation erga omnes
4. The outlawing of acts of aggression as obligation erga omnes
5. Protection from racial discrimination as obligation erga omnes
6. The basic rights of the human person as obligation erga omnes
7. Jus Cogens and the search for peremptory norms of human rights
8. International crimes and human rights norms
9. The relationship between the concepts: erga omnes, jus cogens, international crime and human rights
IV. International instruments for the coercive enforcement of state obligations to ‘respect and ensure’ human rights
1. Countermeasures as consequences of breach of treaties in international law
2. Application of reprisals for the enforcement of treaty-based human rights obligations
3. Intervention for the protection of human rights in international law
4. Intervention by the Security Council for the protection of human rights: the situation before the East-West détente
5. Humanitarian intervention after the end of the Cold War
6. The legal nature of ECOWAS intervention in the Liberian Civil War
7. The legality of NATO’s intervention in Kosovo
8. Some instances of intervention with mixed motives
V. Non-forceful measures for the enforcement of states’ human rights obligations
1. Economic and financial pressure as means of enforcing states’ obligation to respect and observe human rights
2. The application of the clausula rebus sic stantibus for the protection of human rights
3. The enforcement of human rights through the World Bank
4. The enforcement of human rights through the ILO
5. Diplomatic recognition as an instrument for securing a state's respect and promotion of human rights
6. Refusal to comply with an extradition agreement as a means of enforcing a state’s human rights obligations
7. Denial of immunity as a means of enforcing a state’s human rights obligations
8. Publicity as an instrument for the enforcement of human rights
VI. Judicial enforcement of state obligations to ‘respect and ensure’ human rights
1. Enforcement of human rights through International Criminal Tribunals
2. The International Criminal Tribunal for Yugoslavia
3. The International Criminal Tribunal for Rwanda
4. The International Special Court of Sierra Leone
Résumé
44
Sotelo, Alejandro. "Enforcement of intellectual property rights and transfers in Mexico within the North American context." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78231.
Full textAbstract:
This dissertation analyzes the process of harmonization of intellectual property laws in Mexico within the North American context. It examines the political and economic driving forces behind such harmonization and the deregulation of technology transfer agreements. Furthermore, in the context of NAFTA, the dissertation studies, from the legal perspective, the problem of the enforcement of intellectual property rights in Mexico. Technical problems are identified and recommendations for the legal system are provided for the appropriate enforcement of intellectual property laws.
45
Bilchitz, David Israel. "Giving priority to the worst off : the justification and enforcement of socio-economic rights." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417946.
Full text
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Lasema, Diego. "Street capitalism : informal property rights and their enforcement in Bogotá's on-street parking system." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/105064.
Full textAbstract:
Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, 2016.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 103-109).
This thesis explores how informal property rights are defined and enforced in the business of onstreet parking in Bogotá. It establishes that informal businesses could not operate without such property rights and that the value of force has been underestimated in the scant literature devoted to the subject. To contribute to the construction a currently non-existent informal property rights theory this thesis contrasts the research findings with traditional property rights theory and attempts to redefine classic property rights concepts to fit the context of the urban informal economy. Finally, the thesis explains how mafias can enforce informal property rights, the logic of their actions, and the dangers of their proliferation.
by Diego Lasema.
M.C.P.
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O'Brien, Dominic Andrew. "A child's right to healthcare : the obligation and enforcement of international human rights law." Thesis, Northumbria University, 2016. http://nrl.northumbria.ac.uk/32280/.
Full textAbstract:
The obligation of the State to ensure children have access to healthcare is surprisingly contentious with Western capitalism demanding open markets free from interference. Such a view holds healthcare services as a commodity to be traded. A ‘right’ to health is only a goal to many, not a tangible guarantee States can rationally be expected to ensure because of the enormous costs and the difficulties presented to a court in adjudicating this right. On this view it is impossible for a child to have a legal right to access healthcare. This thesis combats such arguments. The obligation of the State is discussed from a moral standpoint, finding that the child’s right to health must be a State and a global obligation in any just society. Pragmatic discussion addresses the problem of legalising the obligation and showing the right can be a tangible guarantee. This is done through two paradigms: firstly, by looking at current international law and its implementation; and secondly, by looking at countries with a right to healthcare in their written constitution and adjudication of such a right. This combats the legal right arguments as well as provides lessons that international law can learn from. This thesis contributes to discussion around the effective enforcement and implementation of human rights, especially economic, social and cultural rights. It does this by examining the scope of a child’s right to health, and arguing for a moral obligation for its provision, as well as more pragmatic discussion on how to enforce such rights and adjudicate them to make them worth more than words on paper. The final chapter brings together various proposals for tackling the global challenge to ensure every child in the world has access to basic minimum healthcare.
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Okurut, Emmanuel. "Preventing human rights violations by law enforcement during counterterrorism operations in Kenya and Uganda." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64630.
Full textAbstract:
The problem of terrorism has escalated over the past two decades and has continuously posed a challenge to global peace and security. While the major terrorist organizations like ISIS and al-Qaeda have devastated the Middle East, Europe and the United States, the East African region has not been an exception to the influence of radical Islamist terrorist groups. Kenya and Uganda have particularly been targeted by al-Shabaab, a Somali based Islamist terrorist group that has sworn allegiance to al-Qaeda. These attacks have mainly been in response to the deployment of military troops under the AU’s peace-keeping mission in Somalia (AMISOM. In addition to the threat by al-Shabaab, the two countries have also battled internal home-grown terrorist organizations that have threatened the peace and security of their respective homelands.
In response to the threat of terrorism and its impact on the various institutions, the international community adopted the United Nations Global Counter-Terrorism Strategy to fight against terrorism in order to preserve peace and security. These counterterrorism measures also contain safeguards that are designed to ensure that states do not unjustifiably infringe on human rights. The African region under the African Union has also adopted counterterrorism measures under the OAU Terrorism Convention and numerous other instruments which tackle the problem of terrorism in great detail.
Kenya and Uganda have been vulnerable to terrorist attacks and have adopted some interventions including the adoption of counterterrorism legislation and reinforcing law enforcement to be able to respond better to the threat of terrorism. Kenya enacted its Prevention of Terrorism Act in 2012 while Uganda’s Anti-Terrorism Act was passed in 2002. There are a number of legitimate counterterrorism measures within these pieces of legislation for example the criminalization of terrorism and terrorist organizations. However, there is a danger that some of these interventions may unlawfully erode fundamental human rights and freedoms. This is particularly true for their counterterrorism police and security agencies which usually conduct their operations in secret with no clear channels of accountability. This poses a challenge for any effective form of review because most of such operations are protected as state secrets. The thesis examined the extent to which counterterrorism legislation and policy affects the enjoyment of human rights. The analysis showed that there were some significant deficiencies in the counterterrorism legislation of Kenya and Uganda. The most prominent challenges were the lack of supervision and review of exercise of discretion by law enforcement during counterterrorism operations, and weak accountability frameworks. In this regard, the thesis recommends the immediate codification of the Joint Anti-Terrorism Taskforce of Uganda; the amendment of the Uganda Police Act to take into account proportionality in the use of force by law enforcement; the amendment of the Anti-Terrorism Act of Uganda to remove the unfettered discretion of a security officer; and the inclusion of the right to silence and the right to apply for release from unlawful custody in Uganda’s Constitution.
A closer look at the practice of counterterrorism agencies also reveals a pattern of gross violation of human rights and disregard for the rule of law. Such unlawful conduct also violates the principles of democracy that require public officials to be accountable for actions taken in their official capacity. In an effective democracy, public officials are appointed by the authority of the public and they serve the collective interests of the society at large. In addition, there are certain law enforcement accountability mechanisms that are established in order to ensure the efficiency, professionalism and discipline of the police forces. While most of these accountability mechanisms are carefully thought out and drafted, they are not always implemented in practice. Nevertheless, they constitute a potential avenue for the prevention of abuse of human rights during counterterrorism operations. In order to improve the overall effectiveness and accountability of the police forces, the thesis recommends freeing the police from undue influence of the executive branch of government; exercising accountability before, during and after counterterrorism assignments; education of law enforcement officials in the protection and promotion of human rights; and improving the living and working conditions of members of law enforcement in order to prevent unprofessionalism.Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
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Mendoza, Jose, and Jose Mendoza. "On Immigration Enforcement and Expulsion Strategies: A Moral and Political Defense of Immigrant Rights." Thesis, University of Oregon, 2012. http://hdl.handle.net/1794/12538.
Full textAbstract:
Recently, Christopher Heath Wellman has proposed an innovative argument that appears to resolve, at least with respect to immigration, the tension between democratic autonomy (i.e. a people's right to self-determination) and human rights (i.e. respect for individual freedom and universal equality). Wellman argues, from a traditionally liberal point of view, that a legitimate state (i.e. a state that respects human rights) is entitled to self-determination and that part of the definition of being self-determined is having the presumptive right to unilaterally control immigration. In other words, Wellman claims that a state's unilateral right to control immigration can be made compatible with liberal commitments to individual freedom and universal equality.
I aim to raise a novel objection against Wellman's argument, which I hope will also challenge philosophers to think differently about the immigration issue as a whole. My position is that even if Wellman's conclusion is correct, that a state's right to self-determination can be made compatible with human rights, the presumptive right that this generates for a legitimate state to unilaterally control immigration is, at best, limited only to admission and exclusion policies (i.e. to questions about who can be let in and who can be kept out). Wellman's conclusion, however, does not hold for strategies of immigration enforcement and expulsion (i.e. to the questions about how these policies may be enforced or what sort of deportation procedures a state is justified in using).
And, in fact, I argue that under Wellman's account, a legitimate state would be restricted in deploying certain strategies of immigration enforcement and expulsion.
My conclusion is that with respect to immigration enforcement and expulsion strategies, the presumptive right is on the side of the immigrant and not the state. This means that if a legitimate state wishes to control immigration, it is the state who holds the burden of proof to show that not only its immigration policies but also its enforcement and expulsion strategies do not violate prior commitments to individual liberty and universal equality. This, I contend, provides a moral and political baseline justification for immigrant rights, which I refer to as a minimalist defense of immigrant rights.
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Kamara, Mohamed Bendu. "Law enforcement and human rights in post-conflict African Societies: the case of Sierra Leone." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8060.
Full textAbstract:
The principal aim of this study is to examine law enforcement and human rights in a
post war African society: Sierra Leone. The major question addressed in the course of this research is: should respect for
human rights be relevant to law enforcement and should law enforcement officials in
post conflict societies (such as Sierra Leone) be bound by national and international
standards in domestic law enforcement in their countries? Also explores the use of dissuasive measures such as prosecution to minimise the culture of impunity by law enforcement officials especially during conflict and post conflict periodsThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Tsegaye Regassa, Faculty of Law, Addis Ababa University – Addis Ababa, Ethiopia
http://www.chr.up.ac.za/
Centre for Human Rights
LLM