...bs_bs_banner European Law Journal, Vol. 19, No. 6, November 2013, pp. 759–778. © 2013 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA ACTA and the Enforcement of Copyright in Cyberspace: the Impact on Privacy Iryna Ievdokymova* Abstract: As the reach of the Internet expands, governments increasingly seek to introduce initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights...
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...This thesis examines different legal aspects of the enlargement of the European Union and the relations between the EU and Turkey. As a preliminary remark, it is established that only two articles of the EU-Treaty address the question of enlargement. The first one, article 49 1 states that the applicant country has to respect the principles set out in article 6(1) 2, i.e. liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. In reality, these articles entail a long and complicated process, where the Commission is particularly involved. There is a difference between when an entity can qualify as a European state, a prerequisite for the acceptation of the application, and that a state later on will be accepted as a Member State. This hierarchy will be highlighted and further discussed. Compliance with the Copenhagen Criteria 3 is of vital importance before a state is recognized as a candidate state. However, total compliance does not seem to be necessary. In connection to this, the body of EU-law, the so-called acquis communitaire, is discussed. All new Member States have to implement and comply with the “acquis”. The political trend within the EU is moving towards a constantly deepening cooperation. The European Union of today is more of a political Union than an economical Union, which means that a constantly evolving EU legislation renders accession to the Union increasingly difficult. The issue of human rights is of importance during the...
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...Student Name: David Mc Namara. Title: Are we moving towards Assisted Suicide? “Those who have exhausted the end seek the right to die with dignity, this is a choice to die, which allows the body to speak its end rather than have that end dictated by the voice of an expert, legal or medical” (Hannifin. 2009, p.84) The person who seeks to die is, to paraphrase Foucault, ‘the Passenger par excellence: that is, the prisoner of the passage’ (Foucault. 1967, p.11) The European Convention on Human Rights sets out a number of fundamental rights and freedoms, right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect and family life, freedoms of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to effective remedy, and prohibition of discrimination The Council of Europe produced the European Convention on Human Rights and Fundamental Freedoms in 1950. This body was formed in the aftermath of the Second World War to achieve unity among its members in such matters as the protection of fundamental rights. The Convention was drafted after the atrocities of the Second World War. The Convention was signed by the High Contracting Parties in 1950, and came into force in1953. It was ratified by the United Kingdom in 1957. Article 2 of the Convention for the Protection of Human Rights and Fundamental...
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...adopt a critical attitude if you have no opinion about what the objectives of the law should be, and so this chapter introduces you to that topic too. Learning outcomes By the end of this chapter and the relevant readings you should be able to: explain what is meant by ‘relevance’, ‘weight’ and ‘admissibility’ present arguments defending or attacking the relevance of a given item of evidence explain what is meant by the following major technical terms used in evidence law: the best evidence rule, circumstantial and direct evidence, collateral facts, documentary evidence, facts in issue, original evidence, real evidence, hearsay, the best evidence rule and the voir dire describe two important characteristics of evidence law: its limited application, and its mixture of principles, rules and discretions explain the functions of judge and jury in a Crown Court trial describe the impact of the Human Rights Act 1998 and the European Convention on Human Rights on evidence law outline the way in which modern evidence law has developed explain the main theories about the current...
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...The European Convention on Human Rights (ECHR) is an international treaty that drafted by the Council of Europe to promote human rights and fundamental freedom in Europe. The aimed of Council of Europe is to achieve a unity among its member and believed that one of the way to persuade this goal is the maintenance and the further realization of Human Rights and Fundamental Freedom through this convention. The convention is inspired by the Universal Declaration of Human Rights in 1948 that was proclaimed by General Assembly of United Nation. The resulting is The European Convention on Human Rights (ECHR) signed on Rome on 4th November 1950. The implementation of this convention came to force three years later in 1953 and three subsequent institutions were entrusted with safeguarding its workings: The European Commission of Human Rights (1954) The European Court of Human Rights (1959) The Committee of Ministers of the Council of Europe(1). In the European Convention of Human Rights, there are 17 key articles relating to rights and freedoms in the convention outlined in section 1 Article 2-18, which include: • Right to life • Prohibition of torture or inhuman and degrading treatment or punishment • Prohibition of slavery and forced labour • Right to liberty and security • Right to a fair trial • No punishment without law • Right to respect for family and private life • Freedom of thought, conscience and religion • Freedom of expression • Freedom of assembly and association ...
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...RESEARCH PAPER “Freedom from Arbitrary Detention is a Fundamental Human Right” WHAT IS DETENTION? Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime (prison) The term can also be used in reference to the holding of property, for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. The prisoners in Guantánamo Bay are for example referred to as "detainees". Detainee is a term used by certain governments and their military to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It is used to refer to "any person captured or otherwise detained by an armed force."[1] More generally, it is "someone held in custody."[2] Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile." In wars between nations, detainees are referenced in the Fourth Geneva Convention. ------------------------------------------------- Indefinite Detention: -------------------------------------------------...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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...HONOUR KILLING: MURDER IN THE NAME OF HONOUR CHAPTER 1 INTRODUCTION Honour killing is a deep rooted brutal and burning human rights issue in India and other countries. Women particularly are the victims of the gross violation. They exist all over the world but no religion stipulates them. Outdated traditions and alleged honour violating behaviour are the motive for these crimes. The victims are almost always female. Young, unmarried women can "dishonour" their families easily. Every year hundreds of women are killed in India in the name of honour and many cases go unreported and almost all of them go unpunished. The criminal justice system is unable to combat it though it is claimed that the criminal justice system is the most legitimate institution to control this practice in the country. Honour is the most precious moral attribute of mankind. It is deeply ingrained in its nature. Defence of honour even at the cost of life has been prevalent in human beings since ages. It is a commonwealth of close blood relatives. Defilement of honour is taken as the most atrocious social crime and its redemption becomes a joint and sacred duty of close-knit people. Debased groups have a soft approach towards transgression of honour. The sentimental chord dormant in them may react at times; its degree may vary from group to group. Tradition-bound rural societies invariably react violently for the redemption of their honour. To them honour is dearer than life. Honour killings...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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