Non seulement, les prix de transfert peuvent être directement à l’origine d’une atteinte au droit de la concurrence mais ils peuvent également révéler, de manière indirecte, des manquements au droit de la concurrence. Autrement dit, selon les cas de figure, un prix de transfert pourra soit être le support direct d’une pratique sanctionnée par le droit de la concurrence, soit participer indirectement à la démonstration de l’existence d’une infraction au droit de la concurrence. Les analyses réalisées dans le cadre de cette thèse permettent d’examiner ces différentes hypothèses afin que les entreprises et les autorités administratives appréhendent au mieux l’impact des prix de transfert dans la caractérisation des infractions au droit de la concurrence. / Setting transfer prices is a strategic issue for companies, especially since tax regulation is very strict on this matter. Therefore, companies are more focused on tax consequences than other issues that may arise from transfer pricing. However, beyond the tax aspects, transfer pricing may have consequences in competition law.Transfer prices can be, not only, directly responsible for competition law infringements, but they may also indirectly reveal breaches of competition law. In other words, depending on the case, a transfer price can either be the directly be sanctioned by competition law or can indirectly participate in the demonstration of the existence of a competition law infringement. The analyses carried out in this thesis make it possible to examine these various hypotheses so that companies and administrative authorities can better understand the impact of transfer prices in the characterization of competition law infringements.

The investigation concerns a 1982 suit brought by Texas novelist Benjamin Capps and his publishers against the author and publisher of an historical novel, Sacajawea, alleging that the book contained approximately 145 instances of copyright infringement. Parallel-column exhibits of passages from the novel by Anna Lee Waldo and from Capps's writings illustrate the evidence submitted in court. The publishing history of the novel, brought out by Avon Books, is related, as well as the story of readers' discoveries of suspicious material and the ultimate litigation. A comparison is made of the original novel and a revised edition published in 1984. Using the Sacajawea case as a reference point, the study considers the state of ethics in the contemporary literary world.

Everyone holds personal information about others. Each person's privacy thus critically depends on the interplay of multiple actors. In an age of technology integration, this interdependence of data protection is becoming a major threat to privacy. Yet current regulation focuses on the sharing of information between two parties rather than multiactor situations. This study highlights how current policy inadequacies, illustrated by the European Union General Data Protection Regulation, can be overcome by means of a deeper understanding of the phenomenon. Specifically, the authors introduce a new phenomenological framework to explain interdependent infringements. This framework builds on parallels between property and privacy and suggests that interdependent peer protection necessitates three hierarchical steps, "the 3Rs": realize, recognize, and respect. In response to observed failures at these steps, the authors identify four classes of intervention that constitute a toolbox addressing what can be done by marketers, regulators, and privacy organizations. While the first three classes of interventions address issues arising from the corresponding 3Rs, the authors specifically advocate for a fourth class of interventions that proposes radical alternatives that shift the responsibilities for privacy protection away from consumers.

As democracy globally declines according to the indices that measure the level of democracy around the world, existing literature lines up a wide spectrum of explanations for this decline. However, the impact of foreign policy on the domestic democratic system is widely overlooked. In this research project I have investigated the possible contribution of human rights infringing elements in foreign policy to the decline of democracy in the US.  I have done a single case study with a constructivist approach, US foreign policy in the post Cold War era being the case, focussing on the War on Terror. This is done with Historical Institutionalism as the theoretical framework. The results of this study show that practices of detention without legal charges and torture strain the rule of law and the accountability of officials and violates the value of equality, a core value of democracy. I come to the conclusion that foreign policy does have impact on the quality of the domestic democracy.

The majority of building code development and implementation practices are normally connected with the progress of construction community changing awareness, needs and perspectives, advanced technology in construction and new level of knowledge. Unproven practices and the technology of building code development and implementation in case of insufficient and outdated codes, the use of unproven advanced codes of other countries, or the infringement of the existing codes, in most cases, could lead to a large number of shortcomings of minimum requirements of public health, safety and general welfare, and poor quality of buildings. Every aspect of a building code development and implementation practice could be influenced by insufficiencies and infringements in building codes/regulations that could cause buildings failures. Generally, the success of a building code development and implementation practice is directly connected with the involved insufficiencies and infringements in the framework of building code (legal, Administrative, technical, & social), i.e. faults of building code development and implementation should be successfully resolved in order to come to an end of a building project assuring code's objectives (public health, safety and general welfare). One of the early research problems of building code development and implementation practice was conducted by Productivity Commission (2004) where the research organized and categorized the causes of shortcomings of BC according to four main functions of building code, including legal, administrative, technical, and social functions. Productivity Commission Research had been the starting point of research problems of building codes in Kuwait. For the past 20 years, many researchers have high numbers of categories, components and rankings to explain different types of insufficiencies and infringements in building codes/regulations. However, these categories and rankings produce inconsistent and overlapping cause and impact factors. In addition, researchers and practitioners at this point tend to focus on the technical and administrative sides related to the issues of building codes development and implementation, and neglecting the importance of legal and social sides. Legal issues like finding a law to prepare and enforce building codes, cover of insurance companies, building materials testing system, weak regulations related issues, building specifications, and clarity of regulation texts; as well as social issues like community awareness, issuing and enforcing legal court rules, deterrent punishments for violators, violations or cheatings in related issues, all of these were deemed not that critical by most reviewers. The research is specifically concerned with the insufficiencies and infringements in building codes/regulations which cause shortcomings of minimum requirements of public health, safety and general welfare, and how related cause and impact factors are selected and organized. Existing research highlights the need for further researches of how to relate between research and building regulations that are at present. There is evidence that construction industries around the world have little experience in this area (CIB TG37, 2001). The proposal within this research is to address this aspect of the debate by seeking to clarify the role of the four functions of building code; legal, administrative, technical, and social function as a frame of reference that stakeholder parties (building officials, design and construction professionals) might agree with and which should act as the basis for the selection and formation of occurrences of cause factors, and their iv impact on public health, safety and general welfare. The focus on the four functions of building code as a fault (cause) frame of reference potentially leads to a common, practical view of the (multi) dimensionality setting of fault (cause) within which cause factors may be identified and which, we believe, could be grounded across a wide range of practices specifically in this research of building code development and implementation. The research surveyed and examined the opinions of building officials, design and construction professionals. We assess which fault (cause) factors are most likely to occur in building and construction projects; evaluate fault (cause) impact by assessing which fault (cause) factors that building officials, design and construction professionals specifically think are likely to arise in the possibility of shortcomings of minimum requirements of public health, safety and general welfare. The data obtained were processed, analyzed and ranked. By using the EXCEL and SPSS for factor analysis, all the fault (cause) factors were reduced and groups into clusters and components for further correlation analysis. The analysis was able to prove an opinion on fault (cause) likelihood, the impact of the fault (cause) on the objectives of building code. The analysis indicates that it is possible to identify grouping of insufficiencies and infringements in building codes/regulations that is correspondent to the different parts of the framework of building code (legal, Administrative, technical, & social) these suggest three identified groups when viewing cause from the likelihood occurrence and four identified groups and their impact for each building code objective. The evidence related to the impact of building code objectives, view of cause, and provides a stronger view of which components of cause were important compared with cause likelihood. The research accounts for the difference by suggesting that a more selection and formation of cause and impact, offered by viewing cause within the context of a framework of building code, and viewing impact within the context of building code objectives (public health, safety and general welfare) allows those involved in building code development and implementation to have an understandable view of the relationships within cause factors, and between cause and impact factors. It also allows the various cause components and the associated emergent clusters to be more readily identified. The contribution of the research relates to the assessment of cause within a construction that is defined in the context of a fairly broad accepted view of the framework of building code (legal, Administrative, technical, & social). The fault (cause) likelihood construction is based on the building code framework proposed in this research and could facilitates a focus on roles and responsibilities, and allows the coordination and integration of activities for regular development and implementation with the building code goals. This contribution would better enable building officials and code writers to identify and manage faults (causes) as they emerge with BC aspects/parts and more closely reflect building and construction activities and processes and facilitate the fault (cause) administration exercise.

In the first part of this article develops concepts and policy aspects of the right to health, in order to reveal the nature of the interference of the State in the field of health and the content of the law that aims to protect and restore with the exercise of administrative powers to impose penalties; also formulates a brief overview of health reform in the Peru, undertaken with the package of legislative decrees issued by the Executive, published between September 12 and December 07, the year 2013, in accordance with the powers conferred by the legislature through the law N ° 30073, in order to explain the context in which was given powers to impose penalties in the field of health the national Superintendence of health (SUSALUD).The central aspect of the proposal is the administrative penalties procedure for SUSALUD: its background, actors, structure, infractions, sanctions, interim measures and corrective measures; finally, a few lines are dedicated to the transfer of the competence to protect the rights of consumers of health services of INDECOPI to SUSALUD. / En la primera parte del presente artículo se desarrollan conceptos y aspectos normativos del derecho a la salud, a fin de evidenciar la naturaleza de la injerencia del Estado en el ámbito de la salud y el contenido del derecho que se pretende proteger y restituir con el ejercicio de la potestad sancionadora administrativa; asimismo, se formula una breve reseña de la Reformade Salud en el Perú, emprendida con el paquete de decretos legislativos emitidos por el Ejecutivo, publicados entre el 12 de septiembre y el 07 de diciembre del año 2013, conforme a las facultades conferidas por el Legislativo mediante la Ley N° 30073, con la finalidad de exponer el contexto en el cual se confirió la potestad sancionadora en materia de salud a la Superintendencia Nacional de Salud (SUSALUD). En el aspecto central de la propuestase presenta el procedimiento administrativo sancionador de SUSALUD: Sus antecedentes, actores, estructura, infracciones, sanciones, medidas provisionales y medidas correctivas; finalmente, se dedican unas líneas a la transferencia de la competencia de proteger los derechos de los consumidores de servicios de salud de INDECOPI a SUSALUD.

The United Kingdom (UK)’s transposition of the European Directive on motor insurance (the Directive) is shot through with provisions that fall below the minimum standard of compensatory protection for accident victims prescribed under this superior law. These expose third party victims to the risk of being left undercompensated, or recovering nothing at all. The author’s research has demonstrated that the handful of cases that had previously been perceived as isolated anomalies in the UK’s transposition of this European law are in fact symptomatic of a more extensive and deep-rooted nonconformity. His published articles over the past five years were the first to reveal the prevalence of this problem and the resulting lack of legal certainty. He has been the first to offer detailed proposals for reform, as well as fresh insights into legal remedies potentially available to private citizens affected by these irregularities. Sections 2 and 3 of this paper are a summary of the author’s views covered in his various articles and research into the causes and effects of this disparity. They explain that whilst both the UK and European Union’s legislature share a policy objective the different approaches to achieving that end have resulted in different standards of compensatory protection. Section 4 recounts the author’s empirical approach that led him to undertake the first comprehensive comparative law analysis in this field. Section 5 explains the original, if sometimes controversial, nature of the author’s case commentaries, articles and official reports proposing reform. Section 6 sets out the author’s contribution to legal knowledge and practice in this area. This includes his opinion, contrary to long established precedent, that the Directive is capable of having direct effect against the Motor Insurers’ Bureau.

European Patents are granted through the European Patent Office. Although such right is unitary, the European patents will break down into a bundle of national patents; each governed by the domestic law of the States which the holder of the right has designated. Since infringement stands in the crossroads between patent enforcement and patent validity, infringement litigation generally touches on the issue of validity as it is impossible to infringe a right that does not exist or no longer exists. The nullity component in infringement litigation gives rise to additional difficulties with respect to the selection of the forum and the applicable law. As a result, the validity challenge is discussed in detail with respect to the application of the relevant rules on international jurisdiction and with respect to the identification of the relevant applicable laws. Cross border litigation in relation to registered intellectual property rights in Europe has been extremely controversial over the years. The jurisdiction of the courts to deal with foreign intellectual property rights is after all not entirely obvious or straightforward in the light of the exclusive jurisdiction provision in the Brussels system. The judgment which the Court of Justice delivered on 13th July 2006 in case Roche and GAT result substantial conflicts. Divergent views had been expressed concerning cross border jurisdiction over intellectual property cases on Article 6(1) of the Brussels I Regulation; and Article 16(4) of the Brussels Convention 1968, what is now Article 22(4) of the Brussels I Regulation. This thesis focuses on the jurisdiction and applicable law on European patent disputes.

Made available in DSpace on 2016-04-26T20:27:01Z (GMT). No. of bitstreams: 1 Maximiliano Rosso.pdf: 1363995 bytes, checksum: 07180889ca41cb098adb80cf72f4b2a6 (MD5) Previous issue date: 2008-04-11 / The present essay intends to reveal the legal regime of urban law infringements, based on the Brazilian legal system. Cities´ development resulted, especially after the Industrial Revolution, in significant displacement of population towards urban centers. Bringing around a series of problems to all inhabitants, not only of urban but also of rural areas. Urban law plays an important role in such scenario, as a means of organizing land usage and inhabitation. Relying, among other means, on the correction of infringements to achieve such role. Urban law has been granted by Brazilian legal system specific rules and principles. Likewise, laws regarding correction of infringements are also guided by specific principles. Urban and correctional law principles complete one another, offering a distinctive regime : the legal regime of urban law infringements. Compelling property to be used for a socially defined purpose. In obedience to the social function of property / O presente trabalho tem por objeto, com fulcro no direito positivo pátrio, revelar um regime jurídico próprio às sanções urbanísticas. O desenvolvimento das cidades, recentemente impulsionado pela Revolução Industrial, trouxe grandes contingentes populacionais a espaços físicos reduzidos. E, também, uma série de problemas a todos os seres humanos, seja das cidades, seja do campo. Entra em cena o direito urbanístico, com a missão de organizar os espaços habitáveis. E, dentre os instrumentos à disposição do direito urbanístico para regular os espaços urbanos, temos as sanções. Trata-se de ramo do direito que adquiriu autonomia, contando com normas específicas e princípios próprios. Da mesma forma, a atividade administrativa sancionadora também é regida por princípios peculiares. Os princípios sancionadores e urbanísticos se imbricam e se completam, fornecendo o que podemos chamar de regime de direito sancionador administrativo urbanístico. Permitindo-se nortear a atividade sancionadora em face do princípio da função social da propriedade