Le Traité de coopération en matière de brevets (PCT) est à la base du seul système international de dépôt de demandes internationales de brevet (avec près de 150 États contractants début 2016, plus de cent offices de brevets, plus de vingt administrations internationales, et plus de 200’000 dépôts par an). Un système à la fois si simple et clair dans ses principes, et si complexe et détaillé dans son fonctionnement. Comment son caractère pionnier des années 1960-70 se manifeste-t-il encore aujourd’hui ? Comment son cadre juridique composé de nombreux textes évolue-t-il, alors que le texte du traité n’a pas changé ? La maîtrise de l’architecture juridique des textes et de sa mécanique d’évolution requiert une étude approfondie faisant appel autant à la lettre et à l’esprit du texte du traité, qu’à une réflexion qui mènera au-delà de l’esprit, et parfois même à contre-courant de la lettre. La lettre et l’esprit du texte, examinés dans l’espace et dans le temps, ainsi que les multiples acteurs qui se partagent le pouvoir, pour comprendre comment le système dans son ensemble réinvente sans cesse son équilibre dans un contexte fondamentalement international et multilatéral. / The Patent Cooperation Treaty (PCT) is the basis for the only international system for the filing of international patent applications (with almost 150 Contracting States at the beginning of 2016, more than 100 patent offices, more than 20 international authorities and more than 200,000 filings per year). A system whose basic principles are both so simple and clear, while being so complex and detailed in its functioning. How does its 1960-70 pioneer character still manifest itself today? How does its legal framework composed of numerous texts evolve while the treaty has not changed? Mastering the legal architecture of its texts and its evolution mechanism requires a deep study, calling upon both the letter and the spirit of the text of the treaty, and an analysis which will lead well beyond its spirit, and possibly even against its letter. The letter and the spirit of the text, considered in space and time, as well as the numerous actors sharing power, in an attempt to understand how the system as a whole never stops reinventing its equilibrium in an international and multilateral context.

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Typescript (photocopy). / Digitized by Kansas Correctional Industries

Tato práce se soustředí na problematiku dluhové teorie a politiky centrální vlády. Práce je rozdělena do tří kapitol. První kapitola se zabývá různými přístupy ekonomických škol ke kreaci dluhu a jeho složení. Součástí je i osvětlení pojmů vztahujících se k dluhové problematice. Druhá kapitola je zaměřena na definici metodických přístupů, jež jsou v České republice používány. Pozornost je dbána především na vztah přístupu k dluhu z hlediska ESA 95 a EDP. Třetí kapitola se již soustředí na samotné časové řady vládního dluhu i vládního deficitu v letech 1995 - 2006. Zmíněn je i vliv podmíněných závazků státu a transformačních institucí na vládní dluh i na vývoj v ČR vůbec. Kapitola je uzavřena krátkým srovnáním vládních dluhů i deficitů v rámci EU.

My thesis is concentrated on double taxation issues in European Union countries. Target is to describe various systems of dividends taxation in different EU countries and compare them with system that Czech Republic uses, to evaluate how effectively are double taxation eliminated based on the double taxation treaties. Efficiency of double taxation avoidance is measured by calculation of value "overtaxation". In the theoretical part of the thesis are the term double taxation defined and the reasons of their source and methods of their elimination are mentioned. Practical part is dedicated to comparison how the different countries are handling with dividends taxation in their domestic legislation and furthermore the ways of dividends taxation in their double taxation treaties are explained. In the conclusion of the thesis are the topics for the practice given, and the actual tax system of Czech Republic development is described.

No description available.

That subjective and political values form the sources and function of international law, is an often encountered claim and the literature produced by schools of international legal theory in response to this inquiry diverge. On the one hand, according to classical and positivist approaches to international law, a formalistic and ideal form of the law that is also detached from the world of politics is possible. On the other hand, the perception that attitudinal and institutional constraints might determine the content of the law is common in international legal scholarship ranging from international relations approaches and the New Stream to policy oriented perspectives. Understanding the content of the law, however, would also necessitate questioning how adjudicators interpret legal texts and decide in causal-positive terms. In other words, in theorizing international law, one should explore the interpretation and application of international law in order to test whether adjudicators are influenced by background, training, personality, value preferences as well as normative and structural institutional constraints and, thus, if international law operates based on law and/or politics. Based on the theories and methods of judicial behaviour that originate from the American legal realism movement of the early 20th century, this work undertakes a non-empirical socio-legal research that studies the behaviour of ITA tribunals. It considers that law is indeterminate and that the process of judicial-decision making is a mixture of law, politics and policy. This work constructs a framework based on the political regimes approach by Clayton and May (1999), supplemented by the political jurisprudence literature of Shapiro (1964) and the historical interpretive approach of Smith (1988). It argues that ITA Tribunals “may believe that individual legal institutions are themselves embedded within, and draw meaning from, the larger political regime”. In doing so, the ITA Tribunal may assume a principal political role in order to accommodate the interests of various stakeholders involved in the broader political regime of international investment, albeit limited to constitutive and non-constitutive institutions. This work investigates the role of institutions embedded in the broader political regime in judicial decision-making in ITA. How do institutions, with their political characteristics, affect the process of decision-making in ITA or do they affect at all? To that extent, this work is concerned with whether the ITA Tribunal oscillates between the normative character of the law and the political contingency of the law. It examines the extent to which the ITA Tribunal accommodates politics in its decisions and, in this vein, whether there is a correlation between politics and decision-making in ITA. As its case study, this work studies arbitral decision-making under NAFTA Chapter 11. It first explores the broader political regime in which NAFTA tribunals operate, revisiting the original bargain that underlies the NAFTA deal. It then identifies specific constitutive institutions that are influential in NAFTA ITA decision-making. It traces the specific vocabulary or ‘grammar’ (Koskenniemi 1989) that is used by Chapter 11 Tribunals in considering the place of these constitutive institutions in ITA decision-making. Subsequently, this work studies the normative political development of Article 1105 on the minimum standard of treatment within the broader political regime under NAFTA. It investigates shifts in the specific vocabulary vis-à-vis the distortions to the two pillars of the political regime of NAFTA, namely asymmetric obligations and the regulation of environment. This work demonstrates that the development of the minimum standard of treatment under Article 1105 reflects a brief history of intrusion by non-disputing parties from sovereign states and amici. This is enabled through the constitutive institutions and draws meaning from the political regime of international investment under NAFTA. It concludes that the ITA Tribunal is able to develop a vocabulary with which it could internalize the conundrums of the broader political regime in which it operates. This shows that the ITA Tribunal is not only competent in settling disputes but also in judicial politics.

This thesis is a study of Waitaha, a Bay of Plenty iwi that has been marginalized through the loss of most of its land, much of its language, tikanga, and mana. The purpose of the work is to communicate, through the 'voice' and the history of the people, a chronicle, of their alienation to a Pākehā audience that remains in large part ignorant and distant from their plight. The thesis is motivated by an academic responsibility to the Treaty of Waitangi and the lack of understanding to the present needs of Māori as evidenced for example, by the support for the January 2004 Orewa speech, by the leader of the National Party, Don Brash. It is predicated upon the understanding that this response, which minimalises the impact of colonization upon Māori, is constructed by many, through a convenience of distance. It is motivated also on the understanding that most Pākehā who now inhabit the rohe of Waitaha, are completely ignorant of the identity of tangata whenua. It is hoped that the presentation of the Waitaha story, will provoke a greater empathy from Pākehā, and thereby facilitate an environment, whereby grievances can be addressed in an environment of greater understanding. The thesis is a qualitative based research exercise, carried out in consultation with kaumātua and other Waitaha members, and attempts to acknowledge and integrate current kaupapa Māori epistemologies with traditional Western academic methodology. The study uses interviews, Waitangi Tribunal evidence, and other historical references to construct a narrative that conveys something of the 'voice' of Waitaha. Specifically, it outlines a chronology of Waitaha settlement, followed by a description of their encounter with Pākehā, the consequent alienation of the majority of their lands by the Crown, and concludes, with a glimpse into the current circumstance of Manoeka, the papakainga of Waitaha.

None available

During 1996 and 1997 an Australian parliamentary committee conducted an inquiry into greater autonomy for Torres Strait Islanders, but by 2000 the future of the issue seemed unclear. This thesis explores what the notion of autonomy has meant for Torres Strait and for Torres Strait Islanders in the past, and what it might mean in the future. The thesis uses material from the period before European contact to just after the end of the parliamentary inquiry. ¶ Several analytical tools were utilised to explore the concept of autonomy. Major among these to propose and then analyse the relationship between autonomy’s economic and political components. The thesis also introduces the paired concepts of negative and positive autonomy to provide a counterpoint to ideas of welfare colonialism. Cross cutting these economic and political elements is a consideration of both regional and corporate forms of autonomy. The thesis argues that it is necessary to consider the factors which people can use to legitimise a case for autonomy and these are identified and discussed. ¶ Although previous research and historical material are utilised, unique parts of the thesis include an analysis of: the formal submissions and hearings associated with the parliamentary inquiry; the Torres Strait’s location between Australia and Papua New Guinea; and the Strait’s small-island make-up. In this latter regard, comparisons are made with models and examples of autonomy found in small island states and territories in the Pacific. ¶ The findings include that we must consider two groups of Torres Strait Islanders, those in Torres Strait and those on mainland Australia. Whereas those in the Strait have been able to legitimise a case for a form of autonomy those on the mainland have not. Islanders in the Strait have achieved a degree of regional autonomy; those on the mainland are unable to make a case to be part of this regional autonomy, or to achieve a form of corporate autonomy. The status of Islanders in the Strait is influenced by several factors including the Strait’s location on the border with Papua New Guinea, the associated Treaty with that country, and the nature and the accessibility of the in-shore fishery. A major finding however is that although Islanders have achieved a degree of regional political autonomy, which may be progressed yet further, they have been unable to embrace non-Indigenous people within this. Their present aspiration for regional political autonomy therefore is limited to one that would apply only to Indigenous-specific affairs. This stands in some conflict with their aspiration for regional economic autonomy which would include their control over the entire regional fishery which they presently share with non-Islanders. ¶ Though Islanders have achieved some degree of political autonomy, they depend on substantial government financial transfers to the region. Despite this they have also achieved some economic autonomy, particularly through being involved in the region’s fishery. Juxtaposing negative and positive autonomy with political and economic autonomy shows that a dependence on government economic transfers does not preclude gains in political autonomy. This can be contrasted with the notion of welfare colonialism.