Suchergebnisse

Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in U.S. copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to Internet users. This Article will first address the international norms that domestic laws of states members to the multilateral copyright agreements must implement. It next will explore how two of the most significant regional or national copyright regimes, the E.U. and the U.S., have coped with the question of linking, and then will consider the relationship of the emerging approaches to copyright infringement with national and regional laws instituting limited immunity for copyright infringements committed by internet service providers. We will conclude with an assessment of the extent to which the outcomes under U.S. and E.U. regimes, despite their apparently different approaches, in fact converge.

Abstract
A problem that arises from time to time in international arbitration proceedings is how an arbitral tribunal is to deal with the evidence of a non-appearing witness. The applicable rules of arbitration typically confirm that the tribunal has the authority to determine (e.g.) the "admissibility, relevance, materiality and weight of the evidence offered," but they rarely go any further than this. The purpose of this article is to seek to provide guidance to tribunals by reviewing the available arbitral practice. This reveals that there are circumstances in which tribunals have adopted broadly consistent approaches to the status of the non-appearing witness's written testimony (although this does not appear to extend to the treatment of a non-appearing expert's evidence), and that tribunals have generally not distinguished between the existence of a valid reason for a witness's failure to appear, or of exceptional circumstances which would warrant the witness's evidence being admitted. In addition, tribunals appear to be reluctant to place much weight on a non-appearing witness's written evidence unless it is corroborated by the testimony of other witnesses or documentary evidence, and they are also reluctant to draw adverse inferences from a witness's non-appearance.

The Environment Energy and Natural Resources (EENR) Center in association with the Center for U.S. and Mexican Law of University of Houston Law Center will be hosting a webinar on Friday, April 17th, 2020, 9:00 a.m.- 12:30 p.m. (CDT), by way of our 1st Annual Conference in Global Energy Transition Law and Policy. Topic: THE ENERGY TRANSITION IN A CLIMATE CONSTRAINED WORLD. AN INTEGRATIVE APPROACH IN GLOBAL ENERGY LAW AND POLICY ISSUES? Date: Friday, April 17th, 2020, from 9:00 to a.m.-12:30 p.m. (CDT) The conference, which is designed for all (policy-makers, researchers, professionals, students, etc.), will feature an outstanding faculty roster who will address the current energy transition issues. Highlights: · Recent Developments in Energy Transition Law and Policy; · Energy Policy in Citizens' Climate Assemblies; · Energy Communities in the European Union; · Europeanisation of the Development of Renewable Energy in Transition; · Finance and Risk Policy for The Just Transition to a Low-Carbon Economy; · A Sustainable and Prosperous Future: The Role of Climate Clubs and International Trade; · Decarbonization Options for Gas and Electricity Systems: Power-to-Gas and Carbon Capture Utilization and Storage; · Incorporation of DMDU decision-making under deep uncertainty) Framework into Energy Policy; · COVID-19 provides Warning about the Transition from Fossil Fuels.

Minorities are part of the people living in a country and being not part of the majority of the population, always have problems relating to the implementation of the rights and fundamental freedoms to them. Filling this vacuum is internationally seen the Framework Convention for the protection of minorities, which sets targets to be achieved by States and its implementation is provided primarily by the measures taken on the national law and secondarily by bilateral agreements since its provisions are not directly applicable. There are also some other international acts of the Council of Europe that sanction rights for minorities. But this paper devotes attention to Albanian legislation and its commitments to enforce the rights and protection of minorities, especially in the context of the integration process in the EU, where the approach of the standards of the acquis for minorities is the focus of monitoring alongside the fundamental human rights and freedoms from the European Commission. EC has introduced the issue of minorities in the Albanian legislation with problems and situation outside the framework of legal protection because of the vacuum of a legal act for minorities, and this paper aims to present some aspects of the problem reflected in its analysis.

The increasing globalization of business activities forces companies to recruit highly skilled employees all over the world. In order to attract these talents, employers have to differentiate themselves through a unique employer brand, appealing to diverse target audiences. However, in the absence of research on international students' preferences for employer characteristics, it is difficult for multinational companies to decide on a feasible degree of employer brand standardization. Lena Christiaans investigates the impact of between-country differences, e.g. differences in national culture or economic wealth, on students' preferences in relation to the effects of within-country differences in individuals' characteristics. Combined with a segmentation of the European graduate market, the results provide readers with insight into the development of employer value propositions for business and engineering target groups. Contents: Core Concepts of Employer Branding; Contributions from Cross-Cultural Research; Employer Branding Strategy; Multilevel Analysis Target Groups; Researchers and students in the fields of employer branding, corporate branding, management, marketing, communications- Managers and experts with focus on employer branding, HR marketing, HR, corporate communications. About the Author: Lena Christiaans obtained her doctorate at the Chair in Corporate Management at Universität Hohenheim and currently works as a reputation manager in the Corporate Communications department of a DAX-30-company in Dusseldorf.

Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be sufficiently compensated, but is also relevant to create incentives for the nuclear industry to enhance safety. International compensation regimes for nuclear damage started to emerge since 1960s, but still fail to engage some (potentially) big "nuclear power" ones. The Japanese and Chinese systems are such ones which received less attention until recently. This paper will, on the one hand, engage in a positive study by giving a comparison between the international regime, the Japanese and the Chinese system; on the other hand, provide a normative analysis by using economic criteria to examine the efficiency of the systems and formulate suggestions for reform.

Abstract
Provisional application has become a quasi-automatic corollary to the signature of mixed bilateral European Union (EU) agreements. Resort to provisional application is thereby informed by a rationale hitherto unknown in international law: it allows federal polities where the federal level does not have exclusive treaty making powers to develop an effective external action that is not hindered by that polity's complex internal division of competences. This article argues that the EU has also developed a rather consistent practice in relation to provisional application. The EU thereby distinguishes between its treaty partners whereby some of them simply agree that the EU unilaterally determines the scope of provisional application. Because of the reference to the EU's internal division of competence, the internal law of the parties, something that is typically not relevant under international law, acquires legal significance. The EU's practice is found to be largely in line with the Draft Guidelines on Provisional Application that are being elaborated by the International Law Commission, although clearly it is also more refined on some points. Lastly, the article identifies one pressing issue which requires clarification, and which is not properly addressed in the Draft Guidelines. That is the question on the fate of the provisional application by the EU of part of a mixed agreement where one individual EU member state has decided not to ratify that agreement.

The purpose of this study is to survey developments in the attitude of African states towards the Palestinian problem in general, and to the PLO in particular; to examine PLO activities in Africa, analyse their methods and appraise their achievements. In the light of these findings, this study will look at the strength and weaknesses of the PLO in Africa, and their influence on the development of Africa's relations with Israel

Civil wars occur in some countries at some times and not in other countries at other times. This articleexamines how the potential for large-scale external intervention can prevent civil wars. The authorargues that intervention by external states in civil war can be so overwhelming that it reduces one side's probability of victory to essentially zero. When dissidents expect this type of intervention on the side of government, they anticipate no chance of achieving success through violence and do not initiate civil wars. When governments anticipate this type of intervention on their behalf, they feel protected from internal threat and are less constrained in their dealings with their populations. This repression increases grievances, leading dissidents to engage in strategies of dissent other than civil war. The authortests three implications of this argument-that states in more hierarchical relationships will experience civil war at lower rates, be more repressive, and experience other forms of dissent at higher rates-and finds strong support for it.