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Browsing by master's degree program "Master's Programme in International Business Law"

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  • Azdajic-Gorjackovski, Agata (2021)
    This thesis aims to introduce the reader to the construct of the fashion industry, the historical relationship between fashion design and intellectual property (IP) frameworks, and future commercial benefits related to integrated legal legislation among international influencers such as the US and the EU. France and the UK's design legislation will be reviewed in addition to EU’s Member States protection under the Council Regulation on Community Design (EC) No 6/2002 and Directive 98/71/EC of the European Parliament and the Council on Legal Protections of Design. In comparison to Europe and its Member States, the US’s lax intellectual Property framework will be explored, with additional focus on failed attempts at Copyright legislation reform to include fashion through the Design Piracy Prohibition Act (DPPA) and Innovative Design and Prevention Act (IDPPA). Through thorough analysis, the author aims to establish the relevant need for design legislation within the US and outline the economic and commercial profit that harmonized protection will potentially bring to the industry on a global scale. Moreover, the author intends to shed light on potential new economic theories that may affect the current legal structure and hopefully push for modernization of both the fashion industry and the laws that aim to protect it. The first chapter’s main focus is to introduce the reader to the fashion industry, and define fashion design, fashion innovation, and outline the current hierarchical structure of the industry. Chapter two intends to provide historical context fashion has played within legal rhetoric and its introduction to IP frameworks. Chapter three will introduce the foundations of fast fashion through a business analysis of France and NYC during the interwar years. Furthermore, the first fashion lobbyist attempts will be explored, through the formation of The Fashion Originator’s Guild of America (FOGA), which would later inspire modern-day activist organizations such as the Council of Fashion Designers of America (CFDA) and American Apparel & Footwear Association(AAFA), which is explored in the final subchapter of Chapter three. Chapter four shall shed light on the influence of international treaties in regards to IP legislation and internationally trading countries. Moreover, the current complex issues related to lack of harmonization between the US and the EU will be exposed, and treaties that aim to provide relief to fashion’s international legal setbacks. Chapter five will introduce the US IP framework of the fashion industry, while also providing the current limitations traditional IP structure has when providing protections for the industry. Lastly, Chapter five will review modern attempts at copyright legislation, through the DPPA and IDPPA, which aimed at achieving a design law reform in the US for the fashion industry and provide a more inclusive legal structure. The fifth chapter shall be a comparative review and outline the lack of global immersion of a legal construct between the EU and the US and the potential global benefits the fashion industry shall gain from an international legal accord between the main markets related to this thesis Chapter six reviews current economic theories that have resulted from the US’s lax IP system, which includes the piracy paradox, and its controversial benefits to the fashion industry. Moreover, current economic theories such as circular economy will be highlighted as they may provide the change that fashion needs to open the grounds for design reform. Chapter seven outlines the European sector through the formation of domestic and EU legislation, and a highlighted look into Europe’s fashion capitals of France and the UK. Furthermore, EU regulatory law and directives will be defined, through the Council Regulation on Community Design (EC) No 6/2002 and Directive 98/71/EC of the European Parliament and the Council on Legal Protections of Design. This legal rhetoric will be explored through the scope of the fashion industry, and provide context to fashion’s benefits from design legislation in the European market. Chapter eight provides a final comparison of the two main fashion sectors, with a concluding argument highlighting the benefits of potential design reform in the US, as well as for the overall harmonization between the US and Europe.
  • Aho, Johannes (2022)
    There has always been an imbalance between a small buyers and professional sellers. Understanding and managing the market ecosystem for ones’ advantage requires resources. Given the larger amounts of resources professional seller parties often possess, especially compared to small buyers, they have the possibility to find out the key elements of prevailing market ecosystem, and correspondingly understand and utilize better the existing options. Hence professional sellers often have the upper hand in trade negotiations and ability to dominate trade related negotiations and terms of trade. There is a demand for a different kind of trading approach that would provide quickly better temporary or permanent bargaining position for small buyers. Small buyers could benefit from a functional, scalable, international, and effective way to access and form legally qualified buyer groups that can gain negotiation leverage and correspondingly discounts that usually only a large buyer organisation can access. Fundamental challenges in grouping parties in order to obtain leverage in trade negotiations culminates in how to first identify and group different parties into buyer groups and then to define the rights and responsibilities between the group members. It becomes evident that technology, such as an online platform, is required to perform such a procedure. The platform is a plug-and-play business model that allows multiple participants (e.g. small buyers and professional sellers) to interact with each other and create and exchange value. This thesis will present core concepts and regulation related to digital grouping of buyers into buyer groups in the EU. With the information obtained, a Buyer Grouping Process Framework, sort of an algorithm, is developed. This Framework provides a way to efficiently group buyers with similar demand, and then to define appropriate legal entity under which buyers can group, conduct bidding, and make desired trade with a leverage and consequently with better terms.
  • Addiscott, Kate (2022)
    More and more often in the digitalised world, consumers come into contact with undertakings operating within the zero-price market. That is, where the product or service is offered to the consumer at a price of zero. Examples of zero-priced markets are numerous, from shopping malls, to social media and credit cards. This market type is not an insignificant one, with Facebook and Google, two of the largest internet companies offering zero price goods, having a market capitalisation of $1,645 billion as of June 2020. The topic of data driven digital zero-price markets has been receiving increasing amounts of attention in recent years. The OECD, Commission, national competition law authorities and academics have increasingly been considering this market type. It is often said that the consumer pays to use these digital services with their person data. In online transactions, essentially all transactions require at least some disclosure of the user’s personal data. This personal data is highly valuable to undertakings, with companies willing to receive consumers data instead of being paid by them with money. Overall, the question which I pose is whether EU competition law can deal with the unique characteristics of these digital zero-price markets. The economic and consumer welfare grounding of Article 102 means that it is adaptable to zero-price markets, and the special characteristics of zero-price markets are to an extent already considered in a competition law analysis. This market type is unique and significantly different to the traditional market types that EU competition law has been faced with in the past. For one, these markets operate largely on the digital sphere, meaning that they are characterised by competition for the market, exceedingly fast innovation and unique barriers to entry. These markets are multisided, with consumers, advertisers, merchants and the undertaking all operating on unique parameters but interacting with one-another. Finally, the goods/services are provided at zero-price, which traditional economic analysis struggles to adapt to, whilst consumers are faced with alternative costs through their attention and information (data) and reduction of quality. The Google Search (Shopping) case shows these characteristics in action, and demonstrates the challenges which EU competition law faces when applied to this market type. It also shows the current capabilities of the law in dealing with this market type. There are ways that the law can be adapted, utilising new tests which focus on other cost parameters than price, putting more weighting on factors other than monetary price and looking at different competitive parameters such as quality. This thesis does not seek to criticise EU competition law as a whole. It is limited to considering specifically digital zero-priced markets. It is concluded that more can be done to ensure that its unique characteristics can be included in a competition law analysis. In this respect, the EU can become a leader, laying the groundwork for the future competition law treatment of these undertakings, and ensuring that it is properly recognised that consumers can face competitive harms even if it is not based upon a monetary price.
  • Aloia, Vinicius (2020)
    The recent shift in paradigm caused by the increasing democratisation and commercialisation of outer space, commonly referred to as ‘NewSpace’, has once again rekindled humankind’s interest in space and space exploration. The trend to global digitalisation is changing the traditional face of space activities and the space industry is now subject to a commercialisation wave. With technological advancements, private commercial entities have taken it up to the stars in order to turn a profit. New actors in NewSpace range from the pragmatics of the space industry, dealing with, for instance, satellite communications and connectivity, satellite components, satellite navigation, and launch services, all the way to the dreamers postponing immediate rewards, working towards concepts such as mining and utilising space resources, in-orbit servicing of satellites, space tourism, where space is conceived as an instrument for implementing new business models and ideas. While the traditional space industry dates back to the space race, States are no longer the only actors with spacefaring capabilities. The emergence of NewSpace, private non-governmental actors taking part in space activities, and new business models call for new technologies and implementation practices that create new legal and regulatory challenges that NewSpace companies and the traditional commercial space sector need to take into account in their business activities. To answer whether the current international and national legal framework is sufficient to accommodate the recent paradigm shift and new trends and the approach of the Nordic countries, this thesis will provide a cursory look on the issue and scrutinise the main legal and regulatory challenges faced by NewSpace companies, and, when appropriate, the impact on and the response of Nordic countries in tackling these challenges. First, it will provide the necessary historical background on the space industry as a whole, explaining the roots of NewSpace and how the industry has developed to its current state. Second, it will introduce the basic concepts of space law, the five international space treaties – which compose the international legal framework on space activities – and a more in-depth look on the basic requirements and conditions for authorisation in national space legislation. The national legal framework for space activities in Norway, Sweden, Finland, and Denmark will be examined comparatively and their impact of national legislation on the private space industry in the Nordic countries. Finally, this thesis analyses the main legal issues surrounding both the traditional space sector, such as contract practices in the space industry, aspects of space insurance, and export, and hallmark projects typical of NewSpace, such the exploitation of space resources from the Moon and other celestial bodies, and suborbital flights, and active debris removal.
  • Polad, Didem (2023)
    This thesis examines the legal framework surrounding driver liability in autonomous vehicles (AVs), SAE level 3 and level 4, within the European Union (EU), and assesses its compatibility with the EU's Artificial Intelligence (AI) policy. As AV technology advances, determining the distribution of liability among stakeholders involved in AV operations becomes a critical issue, particularly for level 3 and level 4 vehicles, where the presence and liability of the human driver are still significant. The study analyzes relevant international conventions and investigates the liability approaches adopted by selected EU Member States, France, and Germany, focusing on the differences between fault and strict liability in their respective legal systems. The German Autonomous Driving Act, which distinguishes between level 3 drivers and level 4 operators, is examined in detail, providing insights into the potential for a fairer liability system within the EU. The thesis ultimately evaluates the alignment of driver liability in the EU with the EU's AI policies and suggests harmonization efforts to ensure a consistent approach to liability issues. By proposing a more equitable liability system for level 3 drivers and level 4 operators, this research contributes to the ongoing discourse on the legal and regulatory challenges associated with the widespread adoption of AV technology in the EU.
  • Romero Nieto, Pablo (2020)
    Giving the consolidation of a framework that allows for the operations of drones for commercial purposes by the new implemented Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft, this thesis introduces the reader to both the origin of the technology, the potential business applications of drones in the civil environment, and the current provisions regarding the risk-based operational characteristics of the Regulation as means to analyse the previously existing air and contractual law’s provisions. Through the exploration of the relevant legal principles and regulatory guidelines available for the interpretation of liability assignment and applicability, and by comparing the regulation to the contractual model in order to provide a deeper understanding of how the technology can be commercialized on a Drone-as-a-Service model, the author presents the relevant need of further legislation addressing the application of liability regimes harmonization between Member States from the perspective of the Unmanned Aircraft Systems Operator to satisfy the modern Cloud-Based Services Agreements model and allow the use of Internet as a platform for cross-jurisdictional performance. The first chapter revolves around the historical development and the growing civil interest in the application of drones to activities as a novel, as well as to already established activities that are currently performed by different technologies. Furthermore, it presents the possibility of its characterisation under the framework currently employed by cloud-based services regarding its commercial contractual format. The second chapter focuses on introducing the new Regulations (EU) 2019/947 and 2019/945, which have set the legal and regulatory frame for the safe conduction of activities of unmanned aircrafts, including the principles that served as base for the development of the provision;, the operational rules; machinery requirements and classifications; and the categories’ classification system that have been created for risk assessment. Overall, the frame serves as a guide for anyone interested in venturing in this business. The third chapter explores the international laws and EU air laws that will influence the ruling and potential jurisprudence regarding liability decisions. It aims at presenting both the relevance of Member States autonomy over regulatory decisions and importance towards contractual liabilities disputes. The focus is strongly focused on Operators that will be employed by service providers under the conceptualised cloud-based services agreements contracts framework. Finally, the thesis presents its conclusions and recommendations towards the commercial parties and legislators.
  • Nyberg, Anna (2019)
    Avhandlingen är en rättsdogmatisk undersökning av den nationella lagstiftningen gällande konkurrensförbud i anställningsförhållanden. Konkurrensförbud begränsar arbetstagarens rätt att vid anställningsförhållandets slut ingå arbetsavtal med arbetsgivare som bedriver konkurrerande verksamhet med den ursprungliga arbetsgivaren samt att för egen räkning idka konkurrerande verksamhet. Arbetsavtalslagen (55/2001, ArbAvtL) innehåller tvingande reglering av konkurrensförbud och har som syfte att säkerställa balansen mellan parterna: Arbetsgivaren skall ha möjlighet att ingå konkurrensförbud för att skydda att känslig information kommer i händerna på konkurrenterna, samtidigt som arbetstagarens näringsfrihet måste tryggas. Lagstiftningen de lege lata lämnar en del utrymme för tolkning. Vad är giltiga konkurrensförbud i anställningsförhållanden? Hurdana arbetstagare betraktas som sådana ledare att ArbAvtL:s begränsning av giltighetstiden och storleken för avtalsvitet inte gäller? Avhandlingen inleds med att granska faktorerna som spelar roll vid bedömningen av konkurrensförbuds giltighet. Konkurrensförbud är i sin helhet ogiltiga och binder inte parterna om det inte finns synnerligen vägande skäl för dem. Det saknas synnerligen vägande skäl om arbetsgivaren inte har ett faktiskt behov, arbetstagaren inte är i någon form av nyckelposition, naturen av arbetsgivarens verksamhet inte förutsätter konkurrensförbud, eller verksamheten som förbjuds inte är konkurrerande verksamhet. Konkurrensförbud är partiellt ogiltiga om dess giltighetstid eller avtalsvite överskrider den lagstadgade gränserna. Vad som är giltiga konkurrensförbud avgörs enligt en helhetsbedömning från fall till fall. Vidare granskas vilka arbetstagare som på basis av sina uppgifter och sin ställning anses leda ett företag, en sammanslutning eller en stiftelse eller en självständig del av sådana eller anses inneha en självständig ställning som är direkt jämförbar med en sådan ledande uppgift, och därmed kan bindas av längre konkurrensförbud än tolv månader och högre avtalsviten än sex månaders lön. Arbetstagare som objektivt sett har hög lön; har större befogenheter och ansvar än ordinarie arbetstagare; har andra arbetstagare hierarkiskt underordnade sig; samt har möjlighet att bestämma om sin egen arbetstid kan anses omfattas av ledarbegreppet i ArbAvtL och kan därmed bindas med strängare konkurrensförbud än vad lagstiftningen påbjuder. Arbetstagare som självständigt bestämmer om sin arbetstid och innehar olika typer av sakkunniguppgifter kan anses inneha sådana självständiga ställningar som direkt jämförs med ledande uppgifter och därmed kan de också bindas av strängare konkurrensförbud än vad lagstiftningen påbjuder. Eftersom arbetsgivarorganisationer varierar när det kommer till storlek, verksamhet, uppbyggnad etc. är det inte möjligt att dra svartvita riktlinjer för vilka arbetstagare som omfattas av undantagsregleringen och vilka som inte gör det. Undantagets personrelaterade omfattningsområde måste avgöras enligt en helhetsbedömning från fall till fall. Avslutningsvis diskuteras rättsläget de lege ferenda. Diskussionen tar avstamp i en ytlig granskning av Sveriges konkurrensförbudsreglering. Det faktum att den nuvarande lagstiftningen lämnar så pass mycket tolkningsutrymme och att det i sista han är domstolen som retroaktivt avgör konkurrensförbuds giltighet, leder till osäkerhet på arbetsmarknaden. Arbetstagares begränsade möjligheter att i praktiken pröva konkurrensförbuds giltighet, i kombination med de stränga påföljder som brott mot konkurrensförbud resulterar i, gör att arbetstagare riskerar följa konkurrensförbud som i verkligheten är ogiltiga. Jag argumenterar att detta leder till att arbetsgivare kan utnyttja situationen och godtyckligt använda konkurrensförbud. En obalans mellan arbetstagare och arbetsgivare uppstår. Användningen av konkurrensförbud skall visserligen även i framtiden möjliggöras, eftersom arbetsgivare i vissa situationer behöver kunna skydda information. Däremot behöver arbetstagares svagare ställning tryggas. Jag föreslår de lege ferenda att definitionen av ”synnerligen vägande skäl” för konkurrensförbud samt det personliga omfattningsområdet för arbetstagare i ledande ställning specificeras för att minska behovet av retroaktiva ställningstaganden. Vidare framför jag att arbetsgivare skall betala skälig ersättning åt arbetstagare redan från tidpunkten då konkurrensförbudet inleds. Den balanserade regleringen skulle leda till en minskad osäkerhet bland parterna och en mera övervägd användning av konkurrensförbud.
  • Ebrahimzadeh, kimia (2023)
    This master's thesis investigates the role of competition law in addressing the issue of excessive data collection and its implications in the context of big data. With the rapid shift towards a data-driven economy, the significance of data protection has grown exponentially, prompting an examination of its interconnectedness with competition policy. Although consumers have access to free products and services, the absence of monetary costs raises concerns about the need for appropriate action and regulation. The thesis argues that a competition policy solely focused on prices may overlook potential welfare harms linked to non-price factors like privacy and consumer choice. Moreover, it contends that excessive data collection can be deemed anticompetitive under EU competition law. The main research objectives of this thesis revolve around exploring whether excessive data collection can be classified as exploitative abuse under competition law and, if so, how it can be addressed. The findings reveal existing inadequacies in competition law and propose potential avenues for competition policy to combat excessive data collection effectively. The suggested approach aims to extend competition law's intervention beyond a narrow focus on prices and integrate a framework based on fair trading conditions and privacy considerations. The topicality and relevance of this research are evident in the current digital economy landscape. By providing a comprehensive examination of competition policy's implications in the era of big data, with a particular emphasis on personal data, this thesis contributes valuable insights and policy considerations to ongoing discussions. Notably, it goes beyond previous articles by encompassing various theories of harm and privacy as quality parameter. Overall, this thesis enriches the understanding of competition law's role in managing excessive data collection, safeguarding consumer welfare, and promoting fair practices in the digital age.
  • Sevillano Orbegozo, Aitor (2023)
    Abstract Faculty: Faculty of Law Degree programme: International Business Law Programme Author: Aitor Sevillano Orbegozo Title:” Exclusivity agreements in international business operations; Risks and best practices. Level: Master’s thesis Month and year: November 2023 Number of pages: 79 Keywords: Exclusive dealings, competition law, international law, employment law, freedom of contract, choice of law, EU Law, exclusive clauses, contract law. Supervisor: P. Sean Morris Where deposited: E-thesis Helsinki University Abstract: This thesis will address the question of exclusivity clauses in business operations at the international level, consequentially establish what the risks are, and determine the best practices for entering into an exclusive commercial agreement in an international context. I will explore the international business environment and how companies interact with other undertakings in this environment. We will proceed by studying exclusivity in its different forms and aspects in a contractual context and dissecting exclusivity dealings exposing its features and effects, as well as looking at them through a dimensional prism. This will serve to understand and see how exclusivity terms affect the parties to an international business arrangement and the effects they have in the market they operate. Using principles of legal theory such as freedom of contract, and using a theoretical approach, a study of the effects of exclusivity will be elaborated considering the factors and attributes inherent to the inclusion of exclusivity terms in a commercial contract. Classifying and studying the effects of exclusivity considering the effects as isolated items and how these shape the relationship between the parties and play a role in international business operations. We will examine how exclusivity clauses position the parties in respect to their contractual relationship. Laws and regulations applicable to exclusivity agreements will be identified and considering these, the applicability and validity of exclusivity clauses and agreements will be scrutinised. Competition law and employment law will be the main fields of exploration to observe and study how these two fields of law regulate exclusivity terms in view of the horizontal and vertical direction of exclusivity agreements between the parties. We will use the examples of EU and UK regulations as they have a different angle in approaching the validity of exclusivity agreements. Following the identification of the main elements of exclusivity agreements, based on Competition end employment regulations as well as business elements, I will classify and identify the risks that the use of exclusivity agreements has for international commercial agreements, from an operational and legal perspective. Considering the risks and the features of exclusivity agreements, I will propose best practices to avert or remedy the risks and to achieve the best efficient use of exclusivity agreements.
  • Hossain, Sheikh (2016)
    Freedom of establishment granted to nationals of Member States which is enshrined in the Article 49 of the Treaty on the Functioning of the European Union (TFEU) is one of the fundamental freedoms granted by the Treaty that extends to companies by virtue of Article 54 of TFEU. In the absence of company law harmonisation, the increased corporate mobility may lead to a competition between legal orders which in turn can produce laxer law in the Community and this fear is known as fear of Delaware effect in the European Union. Since company law is not harmonised in the EU, there are differences among national conflicts of laws rules of the Member States and many Member States felt justified to use the real seat doctrine as a defensive mechanism for negating the European Delaware. However, the judgment in Centros changed this situation and established legal forum shopping as a good practice. Subsequently the judgment in Überseering reaffirmed the principle of mutual recognition in the EU. Therefore these two judgments established the market for company incorporations and as a result it was feared that, a European Delaware is going to emerge. The purpose of this paper is to assess whether this fear is justifiable. For this purpose the traditional way of conducting legal research; looking for sources and by reading and evaluating them, using them with critical thinking and judgments, was used as a method in this paper. The paper found that, although after the judgments in Centros, Überseering and Inspire Art it was feared that a European Delaware is going to emerge; this fear was unreasonable. It is particularly because the regulatory competition not only needs the establishment of a market for company incorporations but also needs the willingness of the Member States and the companies to compete. The judgments in Centros and Überseering only established a partial market for company incorporation because a market for company incorporation needs both the ability to forum shop and the ability to reincorporate a company in another Member State. This paper also looked into the incentives for competition from the Member State’s and company’s perspective. Eventually, market for company incorporations was established after the judgment in Polbud which allowed cross-border conversion of companies; making regulatory competition possible in the EU. As a result, this paper proposed company law harmonisation as possible solution to the problem. It is high time the Commission took the initiative to make Community company law uniform so that a European Delaware does not emerge.
  • Luoma, Anni (2021)
    Solution-centric strategies and selling tailored solutions to customer-specific needs have become increasingly common in B2B trade. Customers are no longer interested in simply purchasing products, but instead wish to buy reliable and efficient solutions for their specific and potentially complex needs. Such needs can be the applicability of the goods to function efficiently within the existing operational environment or certain performance objectives such as to increase process efficiency. With the increasing importance of the non-physical features of products, the rules on seller’s responsibility to ensure the goods’ fitness for the buyer’s particular intended purpose (“fit for purpose responsibility”) have gained a more prominent role in assessing the conformity of the goods and seller’s defect liability. The purpose of this thesis is to firstly shed more light on what seller’s fit for purpose responsibility means in practice and how this can be applied to a seller that is characterized as an industrial solution provider. In this thesis the term industrial solution provider refers to an industrial manufacturing company that sells customized products and participates in the selection of the appropriate solution for its customers’ needs. Secondly, this thesis aims to assess the feasibility of the current legal framework on seller’s fit for purpose responsibility within the context of B2B trade. This thesis focuses on these questions within the context of the Finnish Sale of Goods Act (FSGA) and the CISG. The first part of this thesis, which examines the fit for purpose responsibility of an industrial solution provider, de-scribes first on a general level the two conditions for seller’s liability under 17(2)(2) § FSGA and Article 35(2)(b) CISG and then examines these within the context of a sales transaction between an industrial solution provider and a professional buyer. The main findings are that the fit for purpose responsibility of an industrial solution provider can be extensive, and it can be expected to go to great lengths to scrutinize and actively search for indications about the buyer’s needs. Moreover, due to its expert role, it is unlikely that it can rely on the defense that the buyer did not reasonably rely on its expertise. It also became apparent that seller’s fit for purpose responsibility is difficult foresee and very much dependent on a case-by-case analysis, and hence it is difficult to provide clear and definite conclusions on the fit for purpose responsibility of an industrial solution provider. The second part of this thesis, which examines the feasibility of the current legal framework on seller’s fit for purpose responsibility within the context of B2B trade, analyzes how well the current rules achieve the central objectives of contract law. The main findings from this analysis are that the current legal framework does not manage to fully achieve these central objectives, and it seems that it lacks a clear economic efficiency justification, whereas it is designed with consideration to an ill-founded idea of protecting the professional buyer. However, it can be questioned how well these rather theory-based findings correspond to reality, and whether these inefficiencies are as significant in practice. It can be concluded that seller’s fit for purpose responsibility presents an unforeseeable and potentially extensive risk to many sellers and especially those that manufacture and sell products for customer-specific needs, and it is important to be aware and adequately manage this risk. Moreover, there are several issues with the current rules on seller’s fit for purpose responsibility and this thesis can serve as a useful starting point for more research and more dialogue between legislators, practitioners and scholars on how the current legal framework serves professional sellers and buyers in today’s B2B trade.
  • Riivari, Maria (2020)
    Tiivistelmä – Referat – Abstract The main research question addressed in this thesis, namely “are perpetual agreements valid and enforceable?”, is enticing from a general contract law perspective, as well as in the comparative law setting. The chapters of this thesis are built in a way such that Chapter 1 serves as an introduction to the research question, legal sources and methodology. Chapter 2 aims to clarify the main confusions around discussions of perpetual agreements. Chapter 3 is dedicated to the binding force of a perpetual agreement, which has not been given enough attention in the research literature as a separate question. Chapter 4 and 5 address the two main categories of perpetual agreements: everlasting contracts and contracts with undefined duration. These chapters include topics which can be addressed to either category, therefore the division of the topics does not provide too strict a systematic distinction. Chapter 6 is dedicated to comparative research from Finnish and Russian contract law perspectives by observing the systems independently in order to bring out the perspectives in which these jurisdictions address the questions of perpetual agreements in the light of their positive contract norms. Chapter 7 presents the research findings in the form of general conclusions about the validity of such contracts as well as systematization in the form of a roadmap to evaluate perpetual agreements. The roadmap then serves the purpose to present the research findings related to Finnish and Russian perspectives on perpetual agreements. The possibility existence of perpetual agreements from the perspective of limiting the freedom contract by mandatory rules of contract law. In conclusion, the research failed to identify a fundamental principle by which the general ban of everlasting contractual obligations could be explained. The research opposes the notion, that perpetual agreements may not exist as an “everlasting” nature of any legal contractual bind would be inherently unjust as such. This is mainly due to the fact, that the legal systems struggle to even comprehend, what eternity means in legal sense. In short, legally speaking, there is nothing inherently unreasonable in eternity. However, undoubtedly, each everlasting agreement should be evaluated based on the nature and purpose of the contract in the light of the intention of the parties, the specific contract type and the relevant mandatory rules in place in connection with type, the circumstances in which the contract was concluded and the requirements of good faith and fair dealing. The roadmap aims to differentiate questions of the validity of the contract (as such, as a legal fact), validity of the perpetual term (everlasting contract), and possibility of termination from each other. The roadmap illustrates the holistic view of the bundle of considerations related to perpetual agreements, without getting stuck in one particular outcome. For example, even if there is no consensus among scholars, whether an everlasting term is valid or not (in a specific case or as a whole) the roadmap allows to elaborate the outcomes by systematizing various scenarios. This provides and essential framework for evaluation of the research questions in various legal systems. The roadmap differentiates questions of the validity of the contract (as such, as a legal fact), validity of the perpetual term (everlasting contract), and possibility of termination from each other. The short answer to the question whether a perpetual contract may be terminated, is yes. But as in all contracts, the pacta sunt servanda provides that contracts should be honoured, and therefore the there is nothing inherently unreasonable in not being able “get out” of a contractual relationship. The ultimate limit to this are the rules of hardship, which the parties may not as such exclude, however they may arrange their risk allocation in the contract so, that some circumstances, which in some contracts could allow the party to terminate the contract, would not be applicable in their situation. Thus, even an everlasting contract may be enforceable until the point of hardship. While this may be true, albeit not inherently unreasonable, there is no doubt, that an everlasting contract may not be unreasonable ever. Therefore, the roadmap explicitly shows, that this is the ultimate question, which requires balancing between the pacta sunt servanda and reasonableness from the perspective of the will of the parties fair dealing, etc. The roadmap shows that in cases in which the everlasting contract term is found invalid, the reasoning is does not follow directly to the default rule of indefinite contracts being terminable, but instead points to the “incomplete contracts”. In practice this means that a consideration should be make in accordance with the rules of supplementation of contracts and omitting a missing term, taking in account the intentions of the parties. In case it would follow directly to the default rule, the default rule might fail to take these into account and reach an unreasonable outcome as well. In a sense, this is also, why in balancing the pacta sunt servanda and reasonableness the outcome leads to similar conclusion as dictated by the default rule. Based on the case law of Finnish Supreme Court it may be argued that the Finnish contract law sems to consider that perpetual agreements are at least somewhat possible, but as an exception may be terminated. The exceptional termination is not as exceptional as it would be in a classical hardship case, but instead reflect the Nordic perspective of reasonableness. There is no legislative rule in the Russian Civil Code prohibiting eternal contractual obligations, however limitations towards terms may be imposed by the Civil Code relevant to specific contract types. Thus, the qualification of a contract to a type, although not obligatory, is of high importance. The default rule for indefinite contracts is not universally valid in accordance with Russian law.
  • Higuera Ornelas, Adriana (2022)
    AI-driven innovation offers numerous possibilities for the public sector. The potential of digital advancements is already palpable within the tax administrations. Automation is efficiently used for tax assessments, to perform compliance management, to enhance revenue collection and to provide services to taxpayers. A digital transformation encompassing Big Data, advanced analytics and ADM systems promises significant benefits and efficiencies for the tax administrations. It is essential that public organizations meet the necessary legal framework and safeguards to expand the use of these automated systems since its sources of information, technical capacity, and extent of application have evolved. Using Finland as a case study, this research assesses the use of automated decision-making systems within the public sector. Constitutional and administrative legal principles serve as guidelines and constraints for the administrative activity and decision-making. This study examines the lawfulness of the deployment of ADM systems in the field of taxation by looking its compatibility with long-standing legal principles. Focus if given to the principles of the rule of law, due process, good administration, access to information, official accountability, confidentiality, and privacy. Numerous public concerns have been raised regarding the use of ADM systems in the public sector. Scholars, academics and journalists have justifiably pointed out the risks and limitations of ADM systems. Despite the legal challenges posed by automation, this research suggests that ADM systems used to pursue administrative objectives can fit with long-standing legal principles with appropriate regulation, design and human capacity.
  • Manner, Tupuna (2021)
    International maritime transportation of goods is an inevitable part of global trade and economics. Over 90 percent of global trade are seaborne. Shipping is considered as cost-effective transport mode and it emits less greenhouse gases than e.g. freight or air cargo. Global trade is expected to rise. Shipping industry must be able to answer to the increasing demand of delivering shipping services while adapting to sustainability requirements such as reducing GHG emissions. Shipping interests both public and private sectors and engages complex cross-border supply chain stakeholders from various interest groups. International sustainability and maritime policies are affecting shipping industry from multiple levels. Both the European Union and the United Nations are implementing new normative tools and mechanisms to enhance a sustainability trajectory into all areas of business and society. Traditional treaties and conventions are supplemented by new objectives to meet the overarching sustainable development and economic growth requirements. Three complex subject matters are discussed – the international maritime regulatory scheme, climate and sustainability regulatory scheme and, the wicked problem of reducing shipping industry GHG emissions. An interdisciplinary method is used. The overarching research theme is – what actions and measures are needed in order to safeguard that shipping industry can answer (i) to the increasing demand of delivering shipping services and, (ii) to the increasing sustainability requirements. Two research questions are asked: 1) who governs international maritime affairs and shipping sustainability objectives in the context of shipping GHG emissions reductions, and 2) how to implement the GHG reductions objectives in the shipping industry? In order to attain sustainable development objectives into shipping industry practices, innovative administrative solutions and governance models are needed from the maritime affairs policy makers on both national and international level. Interdisciplinary and innovative solutions are needed to tackle emissions reductions objectives.
  • Díaz Hernández, Miguel (2022)
    Within the general fight to tackle Climate Change, the field of Patent Law has not received the consideration that its potential to control research and entry to the market might have, especially when contrasting it with other fields of Law. The aim of this Thesis is to analyze the current Patent Law framework and create amendments that can help pursue the objective of environmental sustainability. It departs from the constitutional presence and relations between the right to an environment, which we can consider a third generation right, and the most classical right to property, especially intellectual property. We then discuss the developments and adaptations that Patent Law has undergone, its process of internationalization, stopping to revise its primary features: the balance between public interest and incentive to invent. We also enter the topic of business patent strategies, trying to see how it should be shaped to advance on this objective. After defining the concept of ‘green patent’ through the related concept of sustainability, and with the aid of environmental science, we analyze some proposals to modify the law, derived from either Patent Law itself, other fields of Law or other fields of science. We do this following the classical scheme to analyze alternatives in the formulation of public policies, although we focus heavily on the legal implications of the change. The main conclusion we achieve is suggesting three different policies: in a first stage, we consider the creation of incentives both for green patents themselves and for the development of inclusive patents. In a later stage, we aim to use the ‘serious prejudice to the environment’ clause in art. 27.2 TRIPS to outright exclude from patentability any technologies that may have clearly negative environmental impact. The main objective is to spur discussion on the topic and include better proposals to tackle climate change in our current situation through Patent Law.
  • Biese, Anette (2020)
    The purpose of this thesis is to conduct research on the licensing of industrial projects and related requirements in Finland. The thesis will take a closer look at ten projects which have happened in Finland and the related environmental decisions. These environmental decisions set requirements by authorities which the companies have to adhere to in order to resume their practices and avoid sanctions. The thesis will have a closer look at these requirements from the viewpoint of the company and will further assess whether some of these requirements are too strict or futuristic and by that set too much responsibility on the company. At the beginning of the thesis the environmental impact analysis procedure will be described as the consequent report is the basis for which environmental decisions are given on by the authorities of the relevant ELY Centres. After the procedure has been explained the thesis will describe the main requirements set in the ten different environmental decisions which have been assessed. When assessing the requirements clear groupings could be found that reoccurred in the decisions. These were noise, waste, water, animal kingdom, emissions and reporting. Some of the requirements in these groups were very similar of nature and it could therefore be concluded that they were part of the norm in environmental requirements. However, while conducting my research it became evident that a number of requirements did not manifest them in all the decisions but stood out easily. This is partly due to the fact that each decision has to be done on its own merits based on the location of the project site and the type of project. Different requirements sometimes had extremely similar justification which led to the question: is the justification of these requirements up to par, as one justification could be used for a number of different requirements. It became apparent that the environmental decisions included requirements that could not necessarily be justified and therefore were setting too much responsibility on the companies. The companies have to take care of the environment but the reason for a requirement cannot be to set the company in a situation where they have to come up with new research methods and processes. In the end, the research topic was extremely difficult as the comparison of the environmental decisions turned out to be problematic due to the different nature of the projects. This has led to the fact that no decisive answer can be given to the question of corporate responsibility but this thesis may function as the foundation of further discussions and research with narrowed down subject matter.
  • Jämsén-Smith, Iina Marjaana (2022)
    The purpose of regulating public procurement within the EU is to establish rules that enable the contracting authority to select the tender that offers the best value for money in respect of the goods or services that are being procured. However, value for money will not be achieved if the purchase price is increased by tenderers entering into unlawful agreements amongst each other with the aim of distorting competition in contract award procedures. Competition can be distorted by collusive tendering or through other means such as unlawful joint tendering. European and national competition authorities have investigation and enforcement powers to react to such schemes by issuing penalties in the form of fines after the award of the contract. Although fines fulfil the purpose of punishing tenderers and acting as a general deterrent, they are an ex-post sanction and do not prevent the award of a contract in a pending public procurement procedure to a tenderer that has ignored the deterrent and has regardless of it participated in a scheme that distorts competition. It is thus vital to also react to such schemes prior to the award of the contract. Article 57(4)(d) of Directive 2014/24/EU on public procurement empowers contracting authorities to exclude tenderers from ongoing public procurement procedures if the contracting authority suspects a tenderer’s involvement in a scheme that distorts competition. However, legal uncertainty has arisen in relation to how Article 57(4)(d) should be interpreted. The wording of the provision is very similar to that of Article 101(1) of the Treaty on the Functioning of the European Union (‘TFEU’) and both provisions pursue similar objectives. Given these similarities, the first part of this thesis centres on exploring whether Article 57(4)(d) of Directive 2014/24/EU should be interpreted in line with Article 101 TFEU. The focus of the second part is on the application of Article 57(4)(d) of Directive 2014/24/EU in the context of joint bidding in public procurement. Joint bidding is expressly permitted by EU public procurement law and can potentially generate sincere advantages to the economy. However, it can also be used as a means for engaging in illegal cartel conduct that infringes Article 101 TFEU. Distinguishing legitimate procompetitive joint bidding agreements from anticompetitive joint bidding agreements that infringe Article 101 TFEU can be difficult, particularly when complicated joint bidding arrangements are concerned. The second part of this thesis focuses on identifying the criteria that should be considered in assessing whether a joint bid is compliant with Article 101 TFEU. The identification of such criteria is crucial to assist contracting authorities in the application of Article 57(4)(d) of Directive 2014/24/EU in the context of joint bidding and economic operators considering the submission of a joint bid.
  • Luzan, Tetiana (2018)
    Due to an impressive evolution of the AI technologies within the last few decades it has become an integral part of everyday life called for improving and facilitating it. Yet, as a result of this evolutionary process AI’s activity nowadays contains features which require legal regulation in the course of its application. Such request was recognized by the EU legislator. In 2017, the EP voiced a possibility of introducing of a legal status of electronic person for the sufficiently sophisticated robots. Specialists in this sphere, however, gave a hostile reception to such an initiative claiming that legal personhood of AI cannot be fit into the current legal paradigm. The latest EU initiatives pertaining to the legal regulation of AI application reveal that the electronic person is not on the EU’s agenda anymore. This work is dedicated to a negation of the above claim of AI specialists by demonstrating that there are no unsurmountable obstacles for conferring legal personhood on the sufficiently sophisticated AI even though it should not be considered as a person from the philosophical standpoint. Having accepted a possibility of according legal personhood to AI, the next question to answer is should it be recognized as a natural or artificial person (the existing types) or should it be ascribed a legal status of the electronic person. The answer is found in the analysis of the determining characteristics of sufficiently sophisticated AI and their comparison with the features of humans and corporations, bearers of natural and artificial personhood, respectively. The ascription of legal personhood to AI is not aimed at recognition of exceptional qualities of AI per se. It is, instead, called for resolving the existing legal problems of AI application in the business sphere, namely, in contract and tort law, and intellectual property rights. By the way of the conferral of legal personhood on AI it is possible to properly allocate responsibility or attribute authorship. In such a manner, establishment of legal status of the electronic person is discussed as an umbrella solution for various domains of business law that may establish legal certainty and ensure the EU against legal fragmentation.
  • Horváth, Balázs Boldizsár (2021)
    This thesis is about the liability of hosting services and how it was reformed by the Digital Services Act (DSA). In our lives hosting services are everywhere and their liability for information that is being stored or disseminated using their platforms is important. The DSA adopted the liability system for intermediary services that was present in the E-Commerce Directive with slight changes. These changes can have significant consequences regarding the liability of hosting services, especially for those that neglect to pay heed to the reform that has taken place. To answer the research question, the thesis introduces the liability of hosting services under the E-Commerce Directive and explores the legal fragmentation that was the result of the different interpretations of Member States, then takes a closer look at the liability system of the DSA for hosting services. In the assessment of the provisions of the DSA, the individual sections are constantly contrasted with the corresponding sections of the E-Commerce Directive. When it is available, the preceding case-law of the Court of Justice of the European Union and preparatory documents form EU institutions are also introduced in an effort to retrace the steps of legal development that resulted in what the final form of the DSA. Special attention is given to the potential liability systems that were discussed during consultation and were ultimately discarded. The main areas of the thesis are the following: categorization of intermediary services and more closely hosting services, the liability exemption for hosting services and the important definitions connected to it (e.g., ‘active role’ or acting ‘expeditiously’), monitoring obligation, automatic tools for detection of illegal content, own investigations of hosting services, notices and liability, indexing systems and vicarious liability. Some of these existed in the E-Commerce Directive, others are new additions. If appropriate, problems of interpretation are also discussed as the research found some contentious issues with the new act, especially with the new additions. The thesis concludes with a review of the most problematic parts of the reform and a brief evaluation based on the findings. The research found that in many ways the reform that tried to create a clearer and fairer system for online intermediaries brought even more questions that are up for further interpretation. There are potential clashes with sectoral EU legislation and many of the clarifications that were codified in the DSA had already been settled by the case-law of the Court of Justice of the European Union while the novelties are left without the support of their own case-law.
  • Leedo, Liis (2020)
    Merger control in the European Union is governed by the EC Merger Regulation No 139/2004 (the EUMR), which sets out jurisdictional thresholds that the merging companies need to exceed for the transaction to be reportable. The current EUMR relies on thresholds that are based on the annual turnover of the merging parties. These turnover-based thresholds, which were as a political compromise, provide a straightforward way of determining which mergers need to be notified to the Commission. However, developments in the digital economy have facilitated a trend, especially in the technology markets, where companies acquire innovative start-ups, to either take over their valuable assets or restrict competition and their position on the market. These acquired start-ups generally produce minimal turnover but have a large user base and valuable data sets. Thus, these aforementioned mergers do not fall under the Union dimension, due to the currently applicable high turnover-based thresholds. This study assesses if turnover-based thresholds are effective enough to tackle mergers occurring in the digital economy and whether there is a need to introduce additional thresholds to complement the currently applicable thresholds. In addition, the study researches what principles should be followed when introducing new thresholds and what are the possible new alternative thresholds that the Commission could introduce. This is a legal dogmatic study, which also includes come comparative elements. It contains seven chapters, each one addressing and examining certain aspects of the research questions. Chapter 1 introduces the subject matter, objectives and rationales for the carrying out of this study. Chapter 2 gives an overview of the framework of merger control, Chapter 3 discusses whether the existing EU merger control threshold criteria are inadequate of the digital era. Chapter 4 gives an overview of different thresholds used in seven jurisdictions, Chapter 5 compares the possible alternative thresholds with three normative benchmarks and gives recommendations for introducing new threshold criteria in the EU. Chapter 6 concludes and answers the research questions and gives suggestions for further research. The study found that that the currently applicable high turnover-based thresholds set out in the EUMR are not sufficient enough to capture mergers in the digital economy. In addition, considering the needs of the digital economy, especially the fact that the number of transactions taking place in the technology markets is rapidly increasing, the Commission should introduce in addition to the turnover-based thresholds alternative thresholds, especially in technology markets, to predict the potential anti-competitive outcomes of mergers, which are not suitable to be thoroughly assessed solely based on the turnover figures of the parties. Additionally, the study suggests that new alternative threshold criterion, based on transaction value, could be introduced to the EUMR. This threshold would be able fill the gap in the EUMR, so that the Commission could investigate notable transactions in the digital economy which are likely to produce competitive harm but currently lack the turnover to fall within the EU’s jurisdiction.