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This Master's Thesis researches problematic aspects which EU Competition law faces when applying traditional static metrics, such as market shares, price levels and profit margins to digital markets. The thesis first introduces the reader to the subject, sets the framework and poses the research questions. It commences by outlining the restrictions in vertical agreements (vertical restraints) in traditional markets under EU Competition law and explains under which circumstances vertical agreements benefit from Vertical Block-Exemption Regulation. Further, the thesis shifts from traditional markets to digital markets. It first of all contrasts the distinctive structure and dynamic nature of digital markets, emergence of new business models, and the role of data in competition between platforms and lock-in effects. Furthermore, thesis discusses digital markets, in particular multi-sidedness of digital economy with two-sided transaction markets and two-sided non-transaction markets. It discusses the complexity of digital markets, problematics of market definition, in particular fluidness of market boundaries, substitutability of digital goods/services and zero pricing. It points out challenges which competition law faces in determining the relevant market and establishing infringements under Articles 101 and/or 102 of TFEU. Furthermore, thesis analyses a legality of imposition of vertical restriction (geo-blocking) in digital content distribution. It discusses whether imposition of geo-blocking restrictions in agreements unduly restricts competition and whether the restrictions in turn could be justified by the consumer efficiencies. It analyses the clash between fundamental freedom, i.e. freedom to provide services, restriction of competition in online content distribution and protection of legitimate rights under Copyright law. It also discusses whether these issues should be resolved by competition law or whether amendments of other fields of law, e.g. Copyright law, Data protection law or Consumer law is a more feasible solution. The thesis concludes with answering the research questions, in particular, which steps and in which order should competition authorities conduct their investigations. Thesis also concludes that under normal circumstances geo-blocking does not restrict competition in non-licensed territory, provided imposition of geo-blocking restriction does not facilitate absolute territorial protection.

International refugee law is forced to adapt to the increase of externalized migration control. States no longer stick to migration control only at their national borders. Especially developed states have introduced various externalized migration control mechanisms – seeking to control the movement of migrants at every step of their journey. By such externalization, states aim to deter unwanted migrants. The presumption behind these practices is that through them, states can avoid the legal responsibilities that flow from international refugee law and especially the principle of non-refoulement. The enforcement of such practices often results in weakened protection for refugees. The control mechanisms are designed so that migrants are effectively denied access to areas where their rights would otherwise be substantially better than in those where they are forced to stay. The thesis deals with these mechanisms as conscious and strategic decisions made by developed states to keep unwanted migrants outside their legal responsibility. The overall objective of the thesis is to challenges the presumption of states, that they can evade responsibilities by outsourcing migration control to other states. It does so by analyzing the current legal regime on the extraterritorial application of non-refoulement and state jurisdiction. The question it answers is thus, when, if ever, does extraterritorial jurisdiction and state responsibility apply if externalized migration control mechanisms have been enforced? The thesis concludes that, although externalized migration control has become the rule rather than the exception, the current legal regime does not provide comprehensive protection for refugees. Extraterritorial jurisdiction under human rights law relies on effective control over territories or individuals; because externalized migration control mechanisms often outsource the control to third states, the jurisdictional link cannot necessarily be established between the individual and the state that enforces such mechanisms. Therefore, to protect refugees effectively the thesis argues that a contemporary understanding of the rules on extraterritorial jurisdiction should be adopted. It argues that states’ reliance on externalized migration control mechanisms can be challenged by adopting an additional basis for jurisdiction – jurisdiction based on the exercise of public powers abroad. It would decrease the attractiveness of externalized practices and increase the likelihood that states commit to fulfill them in a way that respects and guarantees protection for refugees.

Hallintolain (434/2003) 8 § asettaa viranomaiselle neuvontavelvollisuuden. Tässä lainopillisessa tutkielmassa tarkastellaan yksityissektorilla toteutettujen chatbot-sovelluksien käyttöä osana viranomaisen neuvontaa Suomen perustuslain (731/1999) 124 §:n viitekehyksessä. Perustuslain 124 § asettaa edellytyksiä ja rajoittaa julkisen hallintotehtävän antamista muun kuin viranomaisen hoidettavaksi. Perustuslain 124 §:n soveltamisen määrittelee se, onko ulkoistettavassa tehtävässä kysymys julkisesta hallintotehtävästä. Siitä huolimatta perustuslaki esitöineen jättää julkisen hallintotehtävän määritelmän tulkinnanvaraiseksi. Perustuslakivaliokunta onkin perustuslain säätämisen jälkeen toistuvasti arvioinut perustuslain 124 §:n soveltamisalaa ja ottanut kantaa siihen, onko ulkoistamisen kohteena olevissa tehtävissä kyse julkisista hallintotehtävistä. Määritelmä kuitenkin elää yhteiskunnan kehityksen mukana. Hallinnon automatisaatio ja yksityissektorilla toteutettujen chatbot-sovelluksien käyttö julkisessa hallinnossa haastaa julkisen hallintotehtävän määritelmän uudelleen. Tutkielmassa tarkastellaan, missä määrin chatbot-sovelluksella toteutettavassa neuvonnassa on kyse julkisen hallintotehtävän hoitamisesta ja mitä edellytyksiä chatbot-sovelluksen ulkoistamiselle seuraa perustuslain 124 §:stä. Lisäksi tarkastellaan esiin nousevia sääntelytarpeita.

This thesis analyzes Chinese regulation on reproductive rights. Since 1949, China’s policy on regulation of population has changed many times. The main reason behind the regulation is to coordinate with the economic and social development of China, as stated in China’s domestic laws. Though economic and social development is a legitimate aim, Chinese regulation of people’s reproductive rights may still violate international law, especially international human rights law. In the first chapter of the thesis, the author explains how Chinese reproductive rights are regulated, in order to present to the readers about the historical trace of family planning policy and provide a full picture of the ups and downs of the policy. By describing the history of China’s regulation of reproductive rights, readers may have a better understanding of the reason why China regulates people’s reproductive rights. In the second chapter, the author will discuss about China’s human rights standards and its regulation of reproductive rights. China, whose human rights standards are per se different from the western world such as the United States, usually defends itself with the human rights standards such as cultural relativism and communitarianism. With these kinds of human rights standards, the author tries to analyze if China’s regulation on reproductive rights is reasonable and if its choice of human rights standards justifies China’s regulation on reproductive rights. In the third chapter, the author will research on the legality of Chinese regulation on reproductive rights. This is the main part of the research. China has signed and ratified many international conventions and treaties which aim to protect reproductive rights and other related human rights t. In this part, the author will analyze whether China’s regulation on reproductive rights is in accordance to the international human rights law which is binding on China. In the last chapter, through the analysis of the above chapters, the author provides suggestions on how China should better comply with international law. For example, as an international trend, family planning now is becoming a human right instead of civic obligation. In order to fulfil its international obligations, China shall change its attitudes towards family planning and treat it as a service which is compulsory for the State to provide to its citizens.

This Master thesis belongs to the project of the HELSUS Co-creation Lab. The project topic is about the circular economy and the challenge given by a HELSUS partner UPM-Kymmene Corporation to find opportunities for the circular economy business model from a legal perspective. As an international forest industry company, UPM has developed innovative ways to reduce its waste and to reuse its side in new products, and to use resources sustainably. Circular economy principles already applied in UPM, and develop and implement the technology and innovation of using wood in various new products. However, UPM wants to know what challenges and possibilities the regulations pose in creating new circular business opportunities? At the same time, this thesis chooses Germany and China for comparative research. Both countries have promulgated special circular economy legislation, established the 3R principles of reduce, reuse and recycle, stipulated extended producer responsibility systems, established waste recycling systems, and so on, aim to promote waste treatment and resource recycling legal system. However, the circular economy legal system of these two countries have apparent differences in legislative models, legislative purposes, and institutional arrangements. So, there are two purposes for writing this essay. First, explaining the historical evolution of the circular economy legal system in Germany and China, the objective is to understand the historical evolution of the circular economy law in two counties. Second, evaluative whether they are under circular economic aims in comparative research, the purpose of the comparison is not to determine which country's laws are more suitable for creating new business opportunities. It is to find out the challenges and possibilities of creating new circular business opportunities for UPM. Therefore, the research question is about: What are the challenges and possibilities of creating new business opportunities for UPM when compares the circular economy legal system between Germany and China?

Uhanalaisten lajien kansainvälistä kauppaa pidetään yhtenä merkittävimpänä luontokadon aiheuttajana ja luonnon monimuotoisuuden uhkaajana. Kauppaa rajoittamaan solmittiin vuonna 1973 uhanalaisten lajien kansainvälistä kauppaa koskeva CITES-sopimus (The Convention on International Trade in Endangered Species of Fauna and Flora). Sopimukseen kuuluu kolme liitettä, joiden sisältämien kasvi- ja eläinlajien kauppa on luvanvaraista tai kielletty kokonaan niiden uhanalaisuuden asteen mukaisesti. Suomi liittyi CITES-sopimukseen vuonna 1976. Sopimuksen vastaiset teot on kriminalisoitu Suomessa luonnonsuojelurikkomuksena ja luonnonsuojelurikoksena. Tutkielman tarkoituksena on selvittää suomalaista tuomioistuinkäytäntöä laadullisesti tutkimalla, millä tavalla CITES-sopimusta on sovellettu luonnonsuojelurikostuomioissa. Tutkimuksessa vastataan myös kysymykseen siitä, millaisia johtopäätöksiä uhanalaisten lajien kaupasta Suomessa voidaan tuomioistuinkäytännön perusteella tehdä. Vaikka CITES-sopimusta pidetään kansainvälisen luonnonsuojeluoikeuden uranuurtajana, sitä kohtaan on esitetty runsaasti kritiikkiä. Osa kritiikistä on yhdistettävissä suomalaiseen oikeuskäytäntöön, esimerkiksi rikosten matalat sakkorangaistukset ja tuomioistuinten yhtenäisen linjan puuttuminen. Matalien rangaistusten lisäksi tutkimuksen kohteena olevat tuomiot poikkeavat toisistaan luonnonsuojelullisen merkityksen arvioinnissa ja menettämisseuraamusten soveltamisessa. Suomessa ei vaikuta olevan yhtenäistä linjaa CITES-sopimuksen rikkomisesta annettujen rangaistusten suhteen. CITES-sopimuksen ympäristöoikeudelliset taustat ja tavoitteet huomioiden kansallinen rikosprosessimme ei täysin vastaa sopimuksen asettamiin tavoitteisiin. Valtaosa luonnonsuojelurikoksista on piilorikollisuutta, johon puuttuminen vaatii laajaa osaamista niin viranomaisilta kuin tuomioistuimiltakin. CITES-sopimuksen luonnonsuojelullista merkitystä ei ole tunnistettu kaikissa tuomioistuimissa, eivätkä matalat sakkorangaistukset toimi sopimuksen tarkoittamalla ennalta estävällä tavalla.

This thesis deals with the questions on whether it would be possible to consider the European Convention on Human Rights (ECHR), more precisely Article 2 (the right to life) and Article 8 (the right to private and family life), to impose positive obligations on its Member States to prevent climate change and whether a Member State failing to prevent climate change sufficiently could be considered violating the ECHR. Climate change is a human rights issue. The effects of climate change are projected to interfere with the enjoyment of most, if not all, human rights, if further dangerous climate change is not prevented. Despite this fact, neither the international community, nor national states, have been able to address and prevent climate change sufficiently. As a counteraction to these failures, civil society has attempted to take the matter into its own hands, and turned to so-called climate change litigation as a possible solution to prevent further climate change. What first seemed impossible, holding a State liable for not preventing climate change sufficiently, was recently achieved on a domestic level. In October 2018, the Dutch Appeal Court interpreted Article 2 and 8 of the ECHR to create a positive obligation to prevent climate change and found the Dutch state, due to its insufficient climate policies, to be in breach with such obligation. This groundbreaking case created ripples on the water, and several climate change litigation cases have since then emerged around the world. The aim of this thesis has been to consider the potential and limitations of bringing a climate change case in the context of the ECHR and European Court of Human Rights (ECtHR). This thesis has considered if there is foundation to argue that Article 2 and 8 of the ECHR impose a positive obligation on its Member States to prevent climate change (research question 1). This was done by turning to the existing positive ‘environmental’ obligations that have been developed by the ECtHR, without the right to a ‘healthy environment’ or similar being enshrined in the ECHR. An analogy between the existing green jurisprudence and its positive obligations and climate change was attempted. Although encountering some difficulties, it was concluded that there is foundation to argue that climate change and its effects both are within a State’s awareness and to be considered a real and immediate threat, thus creating a positive obligation on States to prevent further climate change. In other words, the first research question of this thesis was answered with cautious optimism. This thesis has also considered if a State failing to prevent climate change sufficiently could be considered in violation with Article 2 and 8 of the ECHR (research question 2). In order to answer this question, some of the challenges a climate change case would face were presented. It was noted that a climate change case, in particular framed from a preventative angle, would have a difficult time even passing the admissibility stage, as it is likely that such an application would be considered actio popularis and not fulfil the victim status required. In addition, the doctrine of margin of appreciation, which generally is considered wide in the context of the environment, was perceived as a major obstacle, which a climate change case most likely would not be able to overcome. In addition, causality and uncertainty, generally being known to create difficulties for climate change cases, would also be challenging in the context of the ECHR and ECtHR. However, it was also noted that the ECHR is to be interpreted as a living instrument in the light of present-day conditions. It was considered that the doctrine of living interpretation could provide somewhat of an avenue for the ECtHR to take a more activist approach, and adapt a more evolutive interpretation. This could provide a solution to at least some of the challenges a climate change would face. It was, however, also noted that utilising the doctrine to its max, might come with consequences that may have negative impacts on the legitimacy of the ECtHR. Thus, the conclusion was that based on a traditional interpretation on the ECHR and existing case law, it would be unlikely fhat the ECtHR would consider the failure to prevent climate change sufficiently to constitute a violation of Article 2 and 8. In other words, the second research question was answered negatively. In conclusion, this thesis argues that there is foundation to consider that Article 2 and 8 of the ECHR could impose a positive obligation to prevent climate change, whilst it would be unlikely that the ECtHR would consider a State, failing to prevent climate change sufficiently, to be in violation with such obligation.

Climate migration raises both justice and human rights concerns, yet no existing treaty explicitly addresses it, leaving climate migrants in a legal limbo. This study assesses how the European Union's international protection system can evolve to effectively mitigate the vulnerability of climate migrants. The analysis incorporates the principle of non-refoulement from the European Convention on Human Rights and the principle of Common but Differentiated Responsibilities and Respective Capabilities in climate agreements. Using a legal doctrinal approach, the study analyses existing legal frameworks, uniquely integrating the perspective of vulnerability theory. This ethical framework emphasizes the universal vulnerability of individuals and seeks strategies to reduce vulnerability, rooted in societal structures and legal constructs. The study applies vulnerability theory specifically to the context of climate migration. Vulnerability analysis reveals that both the vulnerabilities driving migration and the uncertain legal status of climate migrants are products of the international community necessitating a collective response. The study centers on the 1951 Refugee Convention and the interpretation of the principle of non-refoulement by the European Court of Human Rights. It examines the right to life in the context of environmental disasters and its application to socio-economic rights. The research investigates the compatibility of the European Union’s international protection residence permit system with the non-refoulement principle and climate agreement burden-sharing principles. Relevant sources include recommendations from the United Nations Refugee Agency, decisions from the European Court of Human Rights and the Court of Justice of the European Union, along with existing scholarly literature. The Qualification Directive (2011/95/EC) mirrors the refugee definition of the Refugee Convention. The study reveals that individuals seeking international protection due to the adverse effects of climate change may have legitimate fears of persecution when addressing climate change's adverse effects in the broader social policy framework. Additionally, the study argues that adopting a vulnerability-based approach, especially under Article 3 of the European Convention on Human Rights, can broaden the scope of the non-refoulement principle in the context of climate change and enhance substantive equality, addressing climate migrants' material deprivation in their countries of origin. However, the European Convention on Human Rights does not regulate residence permits; instead, they fall under European Union law. The Court of Justice of the European Union has clarified that subsidiary protection necessitates the deliberate infliction of severe harm by a specific actor and cannot be attributed to general deficiencies in the country of origin. This perspective diverges from the interpretation of the European Court of Human Rights. To bridge the gap in current protections, the European Union should introduce a new category of residence permits for climate migrants, humanitarian protection, recognizing the connection between human rights and the environment. Such humanitarian protection would reflect fair burden-sharing, safeguard against refoulement, and address the vulnerability experienced by climate migrants within the framework of international human rights law.

The aim of this Thesis is to evaluate the underlying access regulation pertaining to LNG terminals resulting in the coexistence of unregulated and regulated LNG terminals. Correspondingly comparing the situation on liberalised markets with the proposed regulation in Finland. There are two ground presumptions that lays down the frame for the Thesis. The first presumption believes that a liberalised market model is better for Finland compared to the current isolated market status. The rationale is based on the common targets set by the EU supporting the full implementation of the Third Gas Directive and opening the market for competition. Although the argumentation of the Thesis support a liberalised market, there are certain concerns lingering in the legislative air pertaining to the LNG terminal access regime. In light of these the Thesis’s discussion is built around these possible shortcomings. As the thesis concludes that a well-formulated, thoughtful and comprehensive liberalisation will bring about more advantages than disadvantages, a thoroughly discussion on the market triggers will be given. The second presumption is that regulated and unregulated regimes are not good or bad per se, the decision to choose between them by regulators should take into account the characteristics of the market. As will be later demonstrated, many regulatory schemes are hybrid, showing features of both access regimes. These two presumptions embodies the supporting pillars of this Thesis, the theme of which is the relationship between and the evaluation of unregulated and regulated access to LNG terminals. The object is to discuss and evaluate the legal framework around access regimes pertaining to LNG terminals and consequently add content to the presumptions. The complexity of the questions is demonstrated by the opinions given by market participants during the comment round of the proposal. There is a visible opposition to apply the reformed NGMA to off-grid terminals. These opinions, the opposition and the arguments surrounding the proposed legislation, gives this Thesis its core. However, this is not only a national resistance but a commonly discussed question: whether the access regime, where a coexistence of both unregulated and regulated access regimes is applicable, fully serve the intention of a liberalised LNG market?

The topic of the thesis is the enforcement of Article 102 TFEU, focussing on the IT sector specifically, and on the use of commitments in particular, from the point of view of games of strategy. The approach of the present endeavour is thus one of law and economics. The paper focusses on the following issues: Are Article 9 commitments an appropriate way of dealing with abuse of dominance in dynamic markets? Is this option being applied adequately at present? Can a game theoretical model such as a two-by-two matrix game enhance our understanding of the value of commitment decisions in competition enforcement cases concerning abuse of dominance in dynamic markets? So-called new markets or technology-enabled markets are developing at a pace no regulator seems to be able to keep up with. The subject is important considering the economic significance of the markets involved, but also from a practical point of view. The Commission’s approach seems dramatically different from the approach of undertakings competing for new markets. It seems, however, to be a difference in more than just pace; objectives are of course different for the Commission and the undertakings, but is it a game of Battle of the Sexes, or are the two playing entirely different games? Even in more traditional markets, judgments often take so long that the market in question has gone through an irreversible change by the time the case is closed. This may be problematic in any market, but the issue is more pronounced in markets dynamic by nature. It is possible to argue that the judgment is of value primarily as a legal precedent. One should, however, bear in mind that specific goals have been set for competition regulation and enforcement. Especially following the implementation of Regulation 1/2003, effectiveness of intervention should be a priority. The European Commission's right to intervene in volatile market situations is not, and ought not to be, a given, and any intervention should either achieve the goals set for such interventions, or at the very least be more likely than not by reasonable assessment to achieve said goals. In technology-enabled markets, one practical solution that has been proposed to the problem of prolonged proceedings failing to address the underlying issues has been favouring commitments over more time-consuming procedural options. The thesis discusses the pros and cons, the possibilities and limits of this option.