scholarly journals A Legal Analysis on Establishment of a Fair Competition Review Mechanism in China- A case study based on Opinions for Establishing a Fair Competition Review

2017 ◽  
Author(s):  
Guilin Gao ◽  
Ziqi Wang
Keyword(s):  
Legal Analysis ◽  
Fair Competition ◽  
Review Mechanism

scholarly journals Member States’ social security agreements with India

2018 ◽  
Vol 20 (2) ◽  
pp. 173-187
Author(s):  
Pauline Melin
Keyword(s):  
Social Security ◽  
European Commission ◽  
Current Approach ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Bilateral Agreements ◽  
Country Case Study ◽  
The Eu

In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.

scholarly journals Legal Protection of Innovations in the Regime of Commercial Secrets, Industrial Property: Comparative Analysis

2020 ◽  
Vol 89 (2) ◽  
pp. 189-197
Author(s):  
L. D. Rudenko
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Trade Secret ◽  
Legal Analysis ◽  
Trade Secrets ◽  
Legal Regime ◽  
Industrial Property ◽  
Fair Competition ◽  
Stage Of Development ◽  
Utility Models

The author of the article presents a comparative legal analysis of trade secret and industrial property regimes. Based on the analysis, the following distinctive features of legal regimes of trade secrets and industrial property are identified. The legal regime of industrial property provides strict criteria for the qualification of certain innovations as inventions, utility models, industrial designs. On the contrary, any commercially valuable innovations can be protected in the mode of trade secret. The legal regime of industrial property is a legal monopoly, as it provides the receipt of a security document (patent, declaratory patent). The trade secret regime is provided by a de facto monopoly, as it is ensured by the application of certain protective measures. The regime of industrial property rights presupposes the existence of both personal non-property and property exclusive rights. The trade secret regime provides only exclusive property rights. It has been identified that a common issue for both industrial property rights and trade secrets is the controversial application of "binding clauses" in licensing agreements, as they are contrary to the rules of fair competition. It is noted that the use of trade secrets to protect innovations is appropriate at the stage of development, mass production. When commercializing innovations, it is advisable to apply the regime of industrial property rights.

The Role and Influence of Non-governmental Organisations in the Universal Periodic Review—International Context and Australian Case Study

2017 ◽  
Vol 17 (3) ◽  
pp. 421-450 ◽  
Author(s):  
Fiona McGaughey
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Periodic Review ◽  
International Context ◽  
Universal Periodic Review ◽  
Monitoring Mechanism ◽  
Australian Case ◽  
Review Mechanism ◽  
United Nation

Abstract Non-governmental organisations (NGOs) play an important, albeit limited, role in the United Nations most recent human rights monitoring mechanism, the Universal Periodic Review (UPR). Drawing on empirical data from an Australian case study and interviews with international stakeholders, the study explores the NGO role and influence in this state-centric, peer review mechanism. Case study findings indicate that recommendations made by NGOs, in particular a coalition of domestic NGOs, correlate closely with many UPR recommendations but that United Nations sources are more influential. This suggests that other United Nation human rights mechanisms complement the UPR, so that NGOs should continue to engage with both these and the UPR.

Failed Cooperation in Heterogeneous Industries Under the National Recovery Administration

1997 ◽  
Vol 57 (2) ◽  
pp. 322-344 ◽  
Author(s):  
Barbara J. Alexander
Keyword(s):  
Formal Model ◽  
Fair Competition ◽  
Data Support ◽  
Erroneous Belief

A case study, a formal model, and an anaLysis of Census of Manufactures data support a conclusion that cost heterogeneity was a major source of the “compliance crisis” affecting a number of National Recovery Administration “codes of fair competition.” Key elements of the argument are assumptions that progressives at the NRA allowed majority coalitions of small, high-cost finns to impose codes in heterogeneous industries, and that these codes were designed by the high-cost firms under an ultimately erroneous belief that they would be enforced by the NRA.

A Legal Analysis of the Free Trade Agreement of 1975 between the European Community and the State of Israel

1993 ◽  
Vol 27 (3) ◽  
pp. 415-446 ◽  
Author(s):  
Daphna Kapeliuk-Klinger
Keyword(s):  
Free Trade ◽  
Free Trade Agreement ◽  
Free Trade Area ◽  
Trade Agreement ◽  
The State ◽  
Legal Analysis ◽  
Fair Competition ◽  
Trade Area ◽  
Equivalent Effect ◽  
State Of Israel

On January 1, 1989, the State of Israel abolished the remaining customs duties and charges, having equivalent effect on imported products originating in the European Communities (hereinafter the Community), in accordance with the Free Trade Agreement (hereinafter the FT Agreement) concluded on May 11, 1975, between the Community and Israel.The FT Agreement, which sets out to create a free trade area in the territories of the contracting parties, was the result of the previously existing relationship between the Community and Israel, as well as the emergence of the Global Mediterranean Policy within the Community. The FT Agreement attempts to foster economic activity by promoting expansion of trade and cooperation in reciprocal areas of interest, thus creating fair competition and contributing to the development and expansion of world trade.

Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan

2015 ◽  
Vol 7 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Craig Hatcher
Keyword(s):  
Built Environment ◽  
The State ◽  
Legal Analysis ◽  
Structured Interviews ◽  
Content Type ◽  
Case Study Analysis ◽  
Legal Geography ◽  
Squatter Settlement ◽  
Law Making

Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality. Originality/value – Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.

scholarly journals State Security as Exemplified by the Offense of Espionage Under Polish Law

2021 ◽  
pp. 49-73
Author(s):  
Remigiusz Rosicki
Keyword(s):  
Criminal Law ◽  
Research Problem ◽  
Criminal Code ◽  
Practical Case ◽  
Legal Analysis ◽  
State Security ◽  
Legal Provisions ◽  
Research Questions ◽  
Polish Law

The scope of the research problem encompasses selected issues concerning the content and sense of the elements characterizing the offense of espionage in Polish criminal law. In the legislation currently in force, the offense of espionage is criminalized under Art. 130 § 1–4 of the Criminal Code. The main purpose of the analysis is to perform a substantive criminal examination of the offense of espionage under Polish law, considering a practical case study and an assessment of the legal provisions regarding state security. In order to elaborate the material scope of the research problem and present the conclusions, the paper asks the following research questions: (1) To what extent are the de lege lata legal solutions in Poland effective in counteracting espionage offenses?, (2) What de lege ferenda solutions ought to be proposed to improve effective counteraction of espionage offenses? The paper includes an institutional and legal analysis aided by textual, functional, and historical interpretations, supplemented with the author’s conclusions and opinions concerning de lege lata and de lege ferenda solutions. The institutional and legal analysis is supplemented with a case study of espionage activity. The case study helps consider selected legal problems and presents example legal classifications of the described acts associated with espionage activity.

scholarly journals The Need for a Robust Review System to Improve the Quality of Environmental Impact Statements: An Indian Case Study Analysis

2021 ◽  
pp. 38-49
Author(s):  
A. K. A. Rathi
Keyword(s):  
Environmental Impact ◽  
Appraisal System ◽  
Review System ◽  
Good Practices ◽  
Case Study Analysis ◽  
Environmental Impact Statements ◽  
Final Output ◽  
Review Mechanism

Environmental impact assessment (EIA) report, the final output of the EIA process forms the basis for environmental impact statement (EIS) review and decision-making, implying the need for its good quality. This empirical study is based on the literature review, opinions of EIA consultants, and views of experts associated with the EIA system in India. It is inferred that the overall quality of the EIS is below par and there are several inadequacies in the EIA appraisal system. Given the strong correlation between a robust EIS review system and a good quality EIS, a two-tier structured, transparent, and criteria-based review mechanism based on good practices is suggested. Further, it is crucial to adopt a professional approach for appraisal and capacity building of the professionals engaged in conducting the EIA and reviewing the EIS.

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