The conventional wisdom on the evolution of copyright and what has shaped it has come under increasing strain in recent years. As technical innovation pushes for reforms, the results are increasingly subject to political debate and tension. Examining how copyright has evolved and what has driven the process is of key importance because of the economic importance of copyright to individual countries. In the light of this and to contribute to possible solutions, it is necessary to examine what or who has driven the process. To do this, the evolution of copyright polices has to be mapped in a comparative way. This thesis examines the evolution of copyright in Germany, the US, the UK and at an international level between 1880 and 2010. The analysis itself is split between the culture and stringency of policies. Culture refers to the overall approach to copyright while stringency covers the scope of protection. This approach is original because it allows for a comparison of copyright systems as neutrally as possible. The results are clearly quantifiable and more importantly the extent of evolutions is directly comparable. Furthermore, the nature of the data ensures that causal forces behind the pattern can be examined. This methodology will be applied to a number of propositions commonly found in the copyright literature. The focal point here will be on arguments of rising stringency levels over time and the cultural convergence between case studies. For these, the commonly argued causal forces, in particular technological innovation and the influence exercised by individual actors will be examined. The results show that neither the cultural or stringency evolutionary pattern nor the causal factors fully matches previous studies. First, the evolution of stringency levels has been more complex than previously argued. In addition, although there has been some degree of cultural convergence, this has not been caused by technology and even the influence of particular actors has been limited. In both cases, it is clear that the role of copyright exemptions has been under-theorised.

Pharmaceutical antitrust is currently a centre of attention for the European Commission, with one decision against Lundbeck and Statements of Objections in investigations against Johnson & Johnson, Novartis, and Les Laboratoires Servier. This thesis is the first to develop in detail a ‘European approach’ to pay for delay settlements and early entry agreements – two types of conduct identified by the European pharmaceutical sector inquiry. Although pay for delay settlements have received extensive antitrust scrutiny in the United States, one has to be cautious when drawing from this expertise, as the underlying regulatory regimes are fundamentally different in Europe and the US. This need for careful comparative analyses in pharmaceutical antitrust and the fact that similar conduct might have to be treated differently on both sides of the Atlantic is showcased by a case study of the General Court’s AstraZeneca judgment. The analysis shows that the General Court was correct to dismiss AstraZeneca’s claim that its conduct would not have led to antitrust scrutiny following the US Walker Process Doctrine, which in fact covers similar conduct. Additionally, the hypothetical application of the market definition in AstraZeneca to the market of anti-epileptic drugs highlights the difficulties that the European Commission might encounter in its future enforcement in the pharmaceutical sector. Based on the different incentives for the parties of EU pay for delay settlements, a novel European theory of harm is developed for pay for delay settlements and early entry agreements, the latter posing significant anticompetitive potential in Europe. Based on this theory, pay for delay settlements are scrutinised under EU competition law and a novel “structured effects-based” test is proposed that is inspired by the recent Actavis judgment of the US Supreme Court. In terms of early entry agreements, this thesis is the first to apply EU competition law.

No description available.

The objective of this thesis is to examine the approach adopted by the European Commission in recently regulated energy markets. Antitrust investigations indicate that the European Commission increasingly tends to implement competition law, in particular through commitment decisions, in order to create a quasi-ex ante regulatory effect in the markets. The main conclusion of this thesis is that a lack of legal certainty and insufficient clarification of the law originating from this approach might have detrimental impacts on a single and competitive energy market design in Europe. This thesis consists of three substantial chapters in addition to the introductory and final conclusion chapters. The first chapter analyses long-term supply contracts concluded in the wholesale markets from both an economic and a legal perspective. The economic analysis of the contracts shows that the functioning of European energy markets remains ambiguous. The European Commission thus seems to adopt a strategy to balance spot market trading with long-term supply contracts and vertical integration through antitrust investigations. The second chapter aims at examining the tendency of European Commission to assess the foreclosure effects of a preferential use of cross-border energy transmission networks within the new liberalised energy markets. While a pro-entry bias approach of the European Commission is observed in the case law, it is difficult to find recognition by the Commission as well as secondary EU law of the likely pro-competitive effects of long-term cross-border transmission network reservations resulting from the associated long-term cross-border supply contracts. Besides, it can be observed from the case law that the European Commission and the European Courts tend to approve the preferential use of networks as long as the right holder engages in a major investment in these networks. As a consequence, the methodology adopted by the European Commission for the antitrust analyses of priority access rights to cross-border infrastructure might fail to correspond with legal predictability and economic accuracy. The aim of the third chapter is to show the tendency of the European Commission to finalise antitrust investigations through a public settlement procedure, which seems to be a convenient tool for the facilitation of market regulation through antitrust enforcement. The increased number of commitment decisions in the energy markets raises a concern regarding the possible detrimental effects of this trend. With the consideration of the importance of legal certainty in the regulated markets in terms of market building and social welfare, the chapter proposes a hypothetical framework guideline including certain measures which may increase the efficiency and sustainability of public settlement procedures and also improve legal certainty in the energy markets.

Traditional legal literature on the International Criminal Court (ICC) has generally sidestepped the question of enforcement. Approaches to questions of the Court’s effectiveness have also largely ignored the demand for credible, legitimate and relevant administration of international criminal justice. The said literature displays an obvious lack of concern for the impact of institutions such as the ICC on prospects of democratic transformations in post-conflict societies. This Thesis posits that the critical goals of the international criminal justice regime are best achieved by integrating concerns for democratic transitions in post-conflict societies in the debate about the effectiveness of the ICC. Building on a nascent game theoretic literature, the Thesis advances three theoretical models to show that: (i) because of a lack of distinction between crimes committed by government leaders on the one hand, and by opposition groups on the other, ICC prosecutions may incentivize leader crimes as opposed to deterring them; (ii) to enhance the effectiveness of the Court, leniency programs targeted towards lower-level perpetrators should be utilized (as is the case in anti-trust law enforcement and the fight against organized crime); and (iii) leniency programs may enhance deterrence (by making it costlier for leaders to commit crimes) and may also enable the ICC to gather convincing evidence of the commission of atrocities. This, in turn, is expected to lead to the collapse of political structures responsible for the commission of international crimes. The central insight of the Thesis is that the ICC could be both self-enforcing and relevant to questions of political transformation in post-conflict societies provided innovative approaches to law enforcement are used. The Thesis provides preliminary and counterintuitive theoretical pronouncements that need to be verified by further elaborations of the models and appropriate empirical investigations of the effects and the effectiveness of criminal prosecutions by the ICC.

The purpose of this thesis is to evaluate evidence about the European Union’s approach to involvement and participation (I&P) in the workplace and whether this is the most appropriate policy for the UK. The first part overviews the development of social policy involving I&P in the European Union and the UK. It traces how social policy involving I&P developed from an incidental part of the Treaty of Rome to the point where I&P in the workplace became enshrined in the Treaty on The Functioning of the European. Since 1970 the Commission has put forward a series of legislative measures that required I&P in the workplace. Primary and secondary sources are analysed to identify factors that influenced the development of I&P policy and led to a new style of Directive that has been used in this area since 1994. The second part analyses the anatomy of I&P using six factors found in the literature. Although the importance of the depth and type of I&P was identified, the literature lacked a comprehensive analysis of key terms used in the I&P. An Involvement and Participation Framework is developed to fill this gap. Whilst Chapter 4 investigates features that combine to produce different forms of I&P Chapter 5 shows how they are used in EU legislative measures. The third part uses Workplace Industrial Relations Surveys and Workplace Employment Relations Surveys to examine I&P practice in the UK. It assesses how management, employees and employee representatives approach and value different forms of I&P in the UK. In order to do this five new hypotheses are developed and tested through quantitative analysis; further results are drawn from literature and studies using survey data. The results challenge basic assumptions made by the EU and give rise to doubts about the basis for the EU’s I&P policy.

The increasing accessibility of personal genetic information creates new challenges for the English Legal System. One of these challenges is the familial nature of genetic information, as screening one individual reveals information about their family unit as a whole. There are potential benefits to disclosing this information, the most important of which is facilitating access to preventative therapies and early treatment. This thesis considers whether clinicians should be subject to a duty to disclose genetic information to those members of a patient’s family who are at the highest risk of sharing genetically transmissible conditions. It is suggested that such a duty could be created through the Tort of Negligence and that such a duty would be consistent with the underlying aims of the tort. This thesis considers the constituent parts of a claim in Negligence – duty, breach and causation – and suggests how these components might be interpreted to, firstly, create a duty to disclose and then, secondly, to give meaningful content to any such a duty. The thesis considers both domestic case law and jurisprudence from America, where a duty to disclose has been created by the courts, and considers whether a similar approach is permissible in English Law. It also examines the current paradigm of confidentiality and data protection and explains why the present legal framework is inadequate and does not provide sufficient legal protection for the relatives of patients harmed as a consequence of nondisclosure. It is the aim of this thesis to advance the debate on the legal implications of the familial aspect of genetic diagnosis and the role of the common law in tackling this challenge. It is also the first work to provide an in depth analysis of a potential duty to disclose genetic risks to the families of patients.

No description available.

The basic theme of this thesis in to find the basis of the institution of property and the varying forms that it has taken during the course of development. The institution of property has as its main function fulfilment of needs of individuals. In the course of development the needs of individuals came to be fulfilled in different ways ignoring the main idea of the institution of property as a means to the satisfaction of needs of individuals. With the social and economic changes the idea of exchange value was introduced into the institution of property. With this development the human labour power, acts and activities which could produce products for the market economy, came themselves to be regarded as an object of property. The idea of exchange value, especially in this sense, was a now importation into the institution of property, having little relation to the basic idea of property. Thus the idea of ownership as a category in social and economic order for the satisfaction of needs of individuals gave place to such social and legal categories as contract regarded as an incorporeal object functioning for the satisfaction of human needs not through the institution of property but through categories having no connection with the basic idea of the institution of property. Similarly the concept of the corporation as a form of ownership, further obscured the idea of control as an essence of ownership. Thus the forms of ownership which developed in the course of evolution of the institution of property lost contact with the basic idea of the institution of property - the satisfaction of needs of each individual. The institution of property came to be justified by reference to these juristic fictions rather than to the idea of satisfaction of needs of individuals. The author is arguing for the restoration of an understanding of the institution of property in terms of its proper function in satisfying needs of individuals.

After a brief historical survey of the arrangements made for the administration of justice prior to the Anglo-Egyptian Condiminium, the first chapter proceeds to trace the origins and development of the present system of criminal procedure. The rest of the chapter is devoted to the general description of the present system as a prelude to the detailed discussion of the specific issues in the following chapters. Chapter 2 is concerned with arrest and detention in the criminal process. After dealing with some of the definitional problems of arrest, the chapter goes on to discuss the various powers of arrest, and also post arrest procedure. The consequences of unlawful arrest are then considered in some detail. The question of detention without arrest - the need to provide for the power and its implications - is treated at the end of this chapter. Chapter 3 deals with the problems of pre-trial release. Besides setting out the practice as well as the thinking of pre-trial release in the three jurisdictions used in this study for comparison, the chapter also deals with pre-trial custody in the Sudan and reflects on the quality of the release and custody decision-making process. Search and seizure is the subject of the fourth chapter. After the comparative analysis of the powers of search and seizure and a discussion of the practical problems of effecting a search, the chapter turns to consider in detail the exclusionary rule as a remedy most closely associated with unlawful search and seizure. The safeguards against the abuse of the police interrogation powers enforced by the various relevant jurisdictions are reviewed in chapter 5. There follows a special treatment of the voluntariness requirement, again as the remedy peculiar to unlawful interrogation. Chapter 6 is devoted to the somewhat topical subject of eye-witness identification - or rather misidentification - of the accused as the culprit. Chapter 7 deals with the problems of pre-trial discovery in criminal cases. Both chapters review the practice in the jurisdictions under study before turning to consider the issues in the Sudanese context. Chapter 8 attempts to ascertain and assess the role played by the magistrate in the Sudanese criminal process in view of the degree of his actual involvement and in the light of such considerations as the lack of legal advice and representation. The chapter explores the possibilities of using this somewhat peculiar feature of Sudanese criminal procedure to resolve some of the problems raised in previous chapters.