How to Modernise the European Competition Network (ECN)

This paper argues that networks, such as the ECN and the American network, are affected by certain small events which are inherent to path dependence and preclude the full evolution towards efficiency. It is advocated that the American network is superior to the ECN in many respects due to its greater flexibility and longer history. This stems in particular from the creation of the American network, which was based on a small number of cases. Such a structure encourages further changes and modifications which are not necessarily radical. The ECN, by contrast, was established by legislative action, which explains its rigid structure and resistance to change. This paper is an attempt to transpose the superiority of the American network on to the ECN. It looks at concepts such as judicial cooperation, harmonisation of procedure, peer review and regulatory impact assessments (RIAs), and dispute resolution procedures.

The Tort Liability of the State in the Portuguese Administrative Courts

The Portuguese Constitution, in article 22, instituted the general principle of tort liability of the State and other public law entities. Consequently, ordinary legislation established the tort liability of the State into the Portuguese Legal Order, by means of Decree-Law 48051, of 1967. This decree, which was criticised extensively, was amended by virtue of Law 67/2007, of 31st December, establishing the regime for tort liability arising from losses caused by third parties, due to the acts of public management in relation to all the functions of the State, i.e. i) administrative, ii) legislative, and iii) jurisdictional.

Radio and Television Supreme Council as a Regulatory Board

In parallel, broadcasting has changed rapidly with the changing of the world at the same area. Broadcasting is also influenced and reshaped in terms of the emergence of new communication technologies. These developments have resulted a lot of economic and social consequences. The most important consequences of these results are those of the powers of the governments to control over the means of communication and control mechanisms related to the descriptions of the new issues. For this purpose, autonomous and independent regulatory bodies have been established by the state. One of these regulatory bodies is the Radio and Television Supreme Council, which to be established in 1994, with the Code no 3984. Today’s Radio and Television Supreme Council which is responsible for the regulation of the radio and television broadcasts all across Turkey has an important and effective position as autonomous and independent regulatory body. The Radio and Television Supreme Council acts as being a remarkable organizer for a sensitive area of radio and television broadcasting on one hand, and the area of democratic, liberal and keep in mind the concept of the public interest by putting certain principles for the functioning of the Board control, in the context of media policy as one of the central organs, on the other hand. In this study, the role of the Radio and Television Supreme Council is examined in accordance with the Code no 3894 in order to control over the communication and control mechanisms as well as the examination of the changes in the duties of the Code No. 6112, dated 2011.

The International Labor Standard on the Elimination of Discrimination in Employment: Response and Prospect of Malaysia

Discrimination in employment has its wider social and economic consequences other than mere violating a basic human right. Discrimination involves treating people differently because of certain grounds such as race, color, or sex, which results in the impairment of equality of opportunity and treatment. As an essential part of promoting decent work, combating discrimination through the principle of non-discrimination has been established by the International Labor Organization (ILO) through the Declaration on Fundamental Principles and Rights at Work 1998. Considering elimination of discrimination in employment as a core labor standard, member states are expected to respect, promote and implement it to their national laws and policies. Being a member state, Malaysia has to position herself align with this international requirement. The author discusses the related convention together with Malaysia-s responses on the matter. At the closing stage, the prospect of Malaysia is presumed taking into account of the current positions and reports submitted to the ILO.

In Search of New Laws for a Gluten Kingdom

The enthusiasm for gluten avoidance in a growing market is met by improvements in sensitive detection methods for analysing gluten content. Paradoxically, manufacturers employ no such systems in the production process but continue to market their product as gluten free, a significant risk posed to an undetermined coeliac population. This paper resonates with an immunological response that causes gastrointestinal scarring and villous atrophy with the conventional description of personal injury. This thesis divulges into evaluating potential inadequacies of gluten labelling laws which not only present a diagnostic challenge for general practitioners in the UK but it also exposes a less than adequate form of available legal protection to those who suffer adverse reactions as a result of gluten digestion. Central to this discussion is whether a claim brought in misrepresentation, negligence and/or under the Consumer Protection Act 1987 could be sustained. An interesting comparison is then made with the legal regimes of neighboring jurisdictions furthering the theme of a legally un-catered for gluten kingdom.

Dignity and Suffering: Reading of Human Rights in Untouchable by Anand

Cultural stories are political. They register cultural phenomena and their relations with the world and society in term of their existence, function, characteristics by using different context. This paper will provide a new way of rethinking which will help us to rethink the relationship between fiction and politics. It discusses the theme of human rights and it shows the relevance between art and politics by studying the civil society through a literary framework. Reasons to establish a relationship between fiction and politics are the relevant themes and universal issues among the two disciplines. Both disciplines are sets of views and ideas formulated by the human mind to explain political or cultural phenomenon. Other reasons are the complexity and depth of the author-s vision, and the need to explain the violations of human rights in a more active structure which can relate to emotional and social existence.

U.S. Supreme Court Justices and Partisanship: Support for the President and Solicitor General

This paper analyzes the extent to which the justices of the U.S. Supreme Court cast votes that support the positions of the president, or more generally the Executive Branch. Can presidents count on such deference from those justices they nominate or those whom are nominated by other presidents of the same party? Or, do the justices demonstrate judicial independence and impartiality such that they are not so predisposed to vote in favor of arguments of their nominating president-s party? The results suggest that while in general the justices do not exhibit any marked tendency to partisan support of presidents, more recent and conservative Supreme Court justices are significantly more likely to support Republican presidents.

Kazakhstan and Hague Conference on Private International Law: The Unification of Collision of Law in International Trade

This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.

Morphology and Risk Factors for Blunt Aortic Trauma in Car Accidents - An Autopsy Study

Background: Blunt aortic trauma (BAT) includes various morphological changes that occur during deceleration, acceleration and/or body compression in traffic accidents. The various forms of BAT, from limited laceration of the intima to complete transection of the aorta, depends on the force acting on the vessel wall and the tolerance of the aorta to injury. The force depends on the change in velocity, the dynamics of the accident and of the seating position in the car. Tolerance to aortic injury depends on the anatomy, histological structure and pathomorphological alterations due to aging or disease of the aortic wall. An overview of the literature and medical documentation reveals that different terms are used to describe certain forms of BAT, which can lead to misinterpretation of findings or diagnoses. We therefore, propose a classification that would enable uniform systematic screening of all forms of BAT. We have classified BAT into three morphologycal types: TYPE I (intramural), TYPE II (transmural) and TYPE III (multiple) aortic ruptures with appropriate subtypes. Methods: All car accident casualties examined at the Institute of Forensic Medicine from 2001 to 2009 were included in this retrospective study. Autopsy reports were used to determine the occurrence of each morphological type of BAT in deceased drivers, front seat passengers and other passengers in cars and to define the morphology of BAT in relation to the accident dynamics and the age of the fatalities. Results: A total of 391 fatalities in car accidents were included in the study. TYPE I, TYPE II and TYPE III BAT were observed in 10,9%, 55,6% and 33,5%, respectively. The incidence of BAT in drivers, front seat and other passengers was 36,7%, 43,1% and 28,6%, respectively. In frontal collisions, the incidence of BAT was 32,7%, in lateral collisions 54,2%, and in other traffic accidents 29,3%. The average age of fatalities with BAT was 42,8 years and of those without BAT 39,1 years. Conclusion: Identification and early recognition of the risk factors of BAT following a traffic accident is crucial for successful treatment of patients with BAT. Front seat passengers over 50 years of age who have been injured in a lateral collision are the most at risk of BAT.

Process of Reprivatization of Agricultural Properties in the Selected European Countries

Political transition of agricultural properties in Poland and the former German Democratic Republic (GDR) after 1989 had to include not only Reprivatization but also the issue of returning the properties in kind to their former owners. Restitution in kind applied in GDR to all forms of ownership which were subject to expropriation between 1933 and 1989 except for properties taken over during Soviet occupation in 1945-49. This issue was one of the flashpoints during the process of ownership changes. Privatization, limited as it was, took place in unequal legal environment where only one group of owners was privileged. Executing restitution in kind created a feeling of uncertainty among potential real estate buyers.

Valuing Patents on Market Reaction to Patent Infringement Litigations

Innovation is more important in any companies. However, it is not easy to measure the innovation performance correctly. Patent is one of measuring index nowadays. This paper wants to purpose an approach for valuing patents based on market reaction to patent infringement litigations. The interesting phenomenon is found from collection of patent infringement litigation events. That is if any patent litigation event occurs the stock value will follow changing. The plaintiffs- stock value raises some percentage. According to this interesting phenomenon, the relationship between patent litigation and stock value is tested and verified. And then, the stock value variation is used to deduce the infringed patents- value. The purpose of this study is providing another concept model to evaluate the infringed patents. This study can provide a decision assist system to help drafting patent litigation strategy and determine the technology value

Understanding the Silence: When Courts Don-t Speak About Religion

India recognizes the personal laws of the various religious communities that reside in the country. At the same time all the institutions of the state in India are committed to the value of secularism. This paper has been developed on the basis of a case study that indicates the dynamics of religion in the working of the lower judiciary in India. Majority of the commentary on religion and the judiciary has focused on debates surrounding the existence and application of personal laws. This paper, through a case study in the lower judiciary, makes an attempt to examine whether the interface between religion and the judiciary goes beyond personal laws. The first part of this paper explains the history and application of personal laws in social, political and legal contexts in India. The second part examines the case study located in two courts of first instance, following into the third part which provides an analysis of the empirical evidence. The fourth part focuses on preliminary observations about why there is a hesitancy to speak about religion in relation to the working of the judicial system.

Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?

Definition in Law: Transgender Identities and Marriage

This paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and "monstrous". Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.

Pathological Truth: The Use of Forensic Science in Kenya’s Criminal Justice System

Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system. 

The Importance of Sustainable Urban Development and Its Impacts on Turkey’s Urban Environmental Laws

Rapid population growth in urban areas and extinction danger of natural resources in order to meet the food needs of these population, has revealed the need for sustainability. It did not last long that city planners realized the importance of an equal access to natural resources with protecting and managing them in cities, in accordance with the concept of sustainable development. Like in other countries The Turkish Government is aware of the importance of the sustainable development in their cities. The government issued new laws for protection of environmental assets and so that the preservation of natural ecology. The main objective of this article is to emphasis the importance of the sustainable development in the context of the developing world by giving special information about the method of the Turkish Government for protecting nature with approval of difference laws in this area.

The American Christian Right Women’s Advocacy Groups and US Foreign Policy

The paper examines two women advocacy groups of the American Christian Right, namely: Concerned Women for America (CWA) and Eagle Forum. Focus will be placed on their interests in American foreign policy and global social policy particularly during the George W. Bush administration. It examines the organizations’ historical backgrounds, and study their agendas, issues and forms of international engagement which relate to American foreign policy. The paper shows that the Christian Right movement is not a monolithic movement in term of its focus, objectives or activism. Despite their diversity, various actions of these advocacy groups have strengthened the role of the Christian Right in exerting its influence on US foreign policy. Finally, it contends that, although traditionally the Christian Right advocacy groups’ motives for activism are strongly based on the Bible and Judeo–Christian values, the arguments and ideas behind their present struggle are presented in a very nationalistic, secular and pragmatic vein.

The Linguistic and Legal Term

The research objective of the project and article “The Linguistic and Legal Term "Real Estate" in the Polish Law and Literature” is characteristic of legal regulations in contemporary countries is the abundance of legal definitions, which are, in fact, formulated separately for the needs of each legal act. This situation does not create favourable conditions for comprehensibility and effectiveness of the law created. The definition mess leads to various interpretations of the same legal circumstances and does not support normal business trading. It needs to be pointed out that using numerous references within a legal act and to other legal acts results in new legal definitions being created for the needs of a given decision by the authority which issues the decision in question. Such interpretation freedom may lead to the law being misused, not to mention being instrumentalised.

Employment Discrimination on Civil Servant Recruitment

Employment right is linked to the people’s livelihood in our society. As a most important and representative part in the labor market, the employment of public servants is always taking much attention. But the discrimination in the employment of public servants has always existed and, to become a controversy in our society. The paper try to discuss this problem from four parts as follows: First, the employment of public servants has a representative status in our labor market. The second part is about the discrimination in the employment of public servants. The third part is about the right of equality and its significance. The last part is to analysis the legal predicament about discrimination in the employment of public servants in China.

Social Movements and the Diffusion of Tactics and Repertoires: Activists' Network in Anti-globalism Movement

Non-Government Organizations (NGOs), Non-Profit Organizations (NPOs), Social Enterprises and other actors play an important role in political decisions in governments at the international levels. Especially, such organizations’ and activists’ network in civil society is quite important to effect to the global politics. To solve the complex social problems in global era, diverse actors should corporate each other. Moreover, network of protesters is also contributes to diffuse tactics, information and other resources of social movements. Based on the findings from the study of International Trade Fairs (ITFs), the author analyzes the network of activists in anti-globalism movement. This research focuses the transition of 54 activists’ whole network in the “protest event” against 2008 G8 summit in Japan. Their network is examined at the three periods: Before protest event phase, during protest event phase and after event phase. A mixed method is used in this study: the author shows the hypothesis from social network analysis and evaluates that with interview data analysis. This analysis gives the two results. Firstly, the more protesters participate to the various events during the protest event, the more they build the network. After that, active protesters keep their network as well. From interview data, we can understand that the active protesters can build their network and diffuse the information because they communicate with other participants and understand that diverse issues are related. This paper comes to same conclusion with previous researches: protest events activate the network among the political activists. However, some participants succeed to build their network, others do not. “Networked” activists are participated in the various events for short period of time and encourage the diffusion of information and tactics of social movements.