Browsing by study line "International Law"
Now showing items 21-40 of 66
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(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.
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(2023)Tutkielma keskittyy ristiriitaan vihreän siirtymän ja saamelaisille alkuperäiskansana kuuluvien oikeuksien toteutumisen välillä. Useat kansainväliset sopimukset, muun muassa YK:n kansalais- ja poliittisia oikeuksia koskeva yleissopimus, sekä YK:n alkuperäiskansojen oikeuksia koskeva julistus turvaavat saamelaisten itsemääräämisoikeutta sekä oikeutta harjoittaa ja ylläpitää kulttuuriaan, johon kuuluvat myös perinteiset elinkeinot, kuten poronhoito. Samalla ilmastonmuutos vaatii uusiutuvan energian määrän lisäämistä. Tuulivoimaa pidetään yhtenä tärkeimpänä uusiutuvan energian tuotantomuotona. Tuulivoimaprojekteilla on kuitenkin todettu olevan merkittäviä vaikutuksia poronhoidon harjoittamiseen projektien eri vaiheissa rakentamisesta energiantuotantoon. Tutkielman ensimmäinen osa keskittyy tuulivoiman ja poronhoidon väliseen konfliktiin. Tutkielmassa tarkastellaan, salliiko kiireellinen vihreän energian tarve tasapainottelua vihreän siirtymän ja saamelaisten oikeuksien toteutumisen välillä, kun arvioidaan, loukkaako tuulivoimaprojekti saamelaisten kulttuurisia oikeuksia KP-sopimuksen 27 artiklan perusteella. Tutkielman toinen osa keskittyy saamelaisten itsemääräämisoikeuden toteutumiseen Suomen järjestelmässä. Oikeus osallistua saamelaisten asioihin vaikuttavaan päätöksentekoon on tärkeä osa saamelaisten itsemääräämisoikeutta. Tutkielmassa selvitetään saamelaisten osallistumisoikeuden toteutumista tuulivoimaa koskevan päätöksenteon näkökulmasta. Lisäksi tutkielmassa arvioidaan vaikutuksia, joita alkuvuonna 2023 kaatuneella hallituksen esityksellä HE 274/2022 vp. olisi ollut saamelaisten osallistumisoikeuden toteutumiseen kansainvälisten ihmisoikeuksien valossa huomioiden ihmisoikeusinstituutioiden ratkaisukäytännön. Tutkielmassa esiteltyjen argumenttien nojalla johtopäätöksinä esitetään ensinnäkin, että jonkinlainen tasapainottelu vihreän siirtymän ja poronhoitoon liittyvien oikeuksien välillä voi olla sallittua, jos kysymyksen katsotaan olevan perustavanlaatuisten oikeuksien välisestä arvioinnista. Keskenään tasapainoteltavat perustavanlaatuiset oikeudet olisivat tässä tapauksessa yhteiskunnan jäsenten oikeus hyvään ja terveelliseen ympäristöön sekä saamelaisten oikeus harjoittaa ja ylläpitää poronhoitoelinkeinoa. Tällainen tilanne voi kuitenkin olla kysymyksessä vain, jos tuulivoiman sijoittaminen alueelle, jossa sillä on vaikutuksia poronhoitoon, on välttämätöntä vihreän energian tuottamiseksi ja elinkelpoiseen ympäristöön liittyvän oikeuden toteuttamiseksi. Mikäli tuulivoimalle on löydettävissä sijainteja, jotka rajoittavat poronhoitoa vähemmän tai ei lainkaan, ei vihreän siirtymän tärkeydellä voi perustella KP-sopimuksen 27 artiklan turvaamien oikeuksien rajoittamista. Suomen järjestelmään liittyen esitetään, että saamelaisten osallistumisoikeudet poronhoitoon vaikuttavaa tuulivoimaa koskevaan päätöksentekoon eivät ole tasolla, jota saamelaisten kansainvälisten alkuperäiskansoja koskevien ihmisoikeuksien täysimääräinen toteutuminen vaatii. Ensinnäkin saamelaiskäräjälain 9 §:ssä säädetty velvoite neuvotella saamelaiskäräjien kanssa päätöksistä, jotka vaikuttavat saamelaisiin tai heidän oikeuksiinsa, koskee vain saamelaisten kotiseutualuetta. Lisäksi velvoite näyttää toteutuvan vaihtelevasti ja paikoin riittämättömällä tavalla. Muulla osalla poronhoitoaluetta, jolla yli 75 % paliskunnista sijaitsee, neuvotteluvelvoite perustuu poronhoitolain 53 §:ään, jonka mukaan velvoite on vain valtion viranomaisilla ja soveltuu vain valtion omistamaa maata koskevaan päätöksentekoon. Poronhoitolain velvoite näyttää painottavan oikeutta elinkeinoon ja takaa saman turvan saamelaisten lisäksi myös alkuperäiskansaan kuulumattomille poronhoitoa harjoittaville henkilöille, eikä siis heijasta riittävällä tavalla saamelaisten alkuperäiskansa-asemaan liittyviä kansainvälisessä oikeudessa tunnustettuja oikeuksia. Lisäksi tutkielmassa esitettyjen näkökulmien perusteella esitetään, että saamelaiskäräjälain uudistamista koskevan hallituksen esityksen 274/2022 vp läpimenolla olisi ollut merkittäviä saamelaisten osallistumisoikeuksia edistäviä vaikutuksia. Tärkeimmät osallistumisoikeutta parantavat vaikutukset olisivat olleet kaikkien saamelaisten kulttuuriin ja perinteisiin elinkeinoihin vaikuttavien päätösten tuomisella esitetyn 9 §:n yhteistyö- ja neuvotteluvelvoitteen piiriin sekä neuvotteluvelvoitteen laajentamisella muun muassa kunnallisvaltuustoihin, jotka käyttävät merkittävää päätöksentekovaltaa maankäyttöä koskevissa asioissa.
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(2023)Mounting environmental challenges including climate change call for accelerated global action, but the response provided within international frameworks has thus far remained inadequate. In this context, can the perspectives of human rights law and climate change be usefully combined? This thesis studies the prospects of the UN Convention on the Rights of the Child (UNCRC) as the most widely ratified global human rights treaty. It explores whether it can be argued that obligations in relation to environmental and climate action follow from the Convention and examines how current discourses on children’s rights and climate change are intersecting. These questions are approached by assessing the wording and aim of the UNCRC text and its interpretation by the Committee on the Rights of the Child (CRC) through the case Sacchi et al v Argentina et al and a draft of the upcoming General comment on children's rights, the environment and climate change. The analysis is complemented by an overview of practitioner discourses on the topic, including policy and advocacy documents, climate litigation and multilateral resolutions. In this study, law as a concept is understood as a living institution, consisting not only of the specific legislation but also its application in legal and social contexts. The results show that although the UNCRC includes strikingly few references to the environment, several of the rights enshrined in the Convention are directly affected by environmental threats, notably the impacts of climate change. Considering this, the CRC has indicated that state parties have environmental and climate-related obligations in order to comply with the UNCRC. A holistic reading of human rights instruments and obligations under international environmental law comes across as a key point. Furthermore, it seems that the UNCRC is being deployed in expert narratives to urge climate action to respect, protect and fulfil the rights of children, despite the Convention’s substantive limitations in this regard and its interpretation by the CRC being ‘work in progress’. It is concluded that the UNCRC has potential to foster actions to protect children and humanity from harm related to climate change. A holistic interpretation of the Convention is required to safeguard child rights in the context of the escalating planetary crisis. Acknowledging these interlinkages can serve both the child rights and the environmental and climate policy fields.
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How Effective is EU Law in Regulating Personalized Advertising through Real-Time Bidding Ecosystems? (2022)This thesis investigates the intersection of personalized advertising and real-time bidding (RTB) within the European data protection framework, with a focus on evaluating the effectiveness of existing data protection laws. Utilizing a combination of doctrinal research, case studies, and interdisciplinary methodologies, the study explores the mechanisms of personalized advertising and the RTB ecosystems, including the utilization of personal data and the involvement of various stakeholders. The study investigates the interests, roles, and compliance work of key participants in RTB. It identifies the complex nature of RTB ecosystems and the absence of coherent guidelines for clarifying the roles of participants under EU data protection law. This lack of clarity has created legal uncertainty for them in complying with the law. Additionally, this research highlights that the current RTB system falls short of meeting consent criteria, compounded by the unclear legal status of the widely used Transparency and Consent Framework (TCF), leading to uncertainties in ensuring consent within RTB. Moreover, the study finds that current practices heavily rely on partners to collect and transfer data, often based on contractual obligations and shared within the whole ecosystems which are usually inaccessible to users. This lack of transparency hinders users' ability to control their data and exceeds their expectations of data processing. In summary, this thesis adopts a practical perspective, highlighting the inadequacies of the data protection framework in personalized advertising via RTB, emphasizing the need for clear guidelines in the field to ensure compliance. It advocates leveraging industry organizations to bridge the gap between regulations and implementation, as well as fully utilizing technological tools to detect and enhance data protection levels. Although this thesis offers some insights, more comprehensive research is still required for future compliance with data protection laws in the RTB ecosystems.
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(2024)With the expansion of globalization and its impact on labour markets across the globe, which has put workers in a more vulnerable position, the ILO's legislative efforts aim to consolidate labour rights into international standards. In this thesis, we examine the challenges involved in the ratification of ILO Conventions, particularly No. 87 and No. 98 on collective labour rights by China and India, in their distinct legal, political, and economic contexts. The study critically compares the national frameworks and real-world practices in these two countries with the rights enshrined in ILO conventions. The thesis begins with an overview of the legislative frameworks that govern collective labour rights internationally. Then, it evaluates China and India’s stance regarding the ratification of these conventions, highlighting the strong political and economic reasons that influence their stance, labour laws, and practices. For instance, the political nature of trade unions in India and the dominant role of the government and centralized trade union system in China. The thesis includes an overview of the barriers that hinder the ratification of these conventions or, otherwise, the effective implementation of freedom of association, collective bargaining, and the right to strike in both countries, such as the differences between legislation and its enforcement and how economic priorities affect workers' rights. Finally, the thesis emphasizes the need for ongoing international dialogue and cooperation between countries and the ILO, as well as clear and inclusive legal reforms in each country based on the recognized challenges and barriers, in a way that balances their national interests with international labour standards to ensure a fair and just future for workers in the global economy.
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International Courts: Challenges New and Old : A Deconstruction on the Work of International Courts (2021)In this Master’s thesis, “International Courts: Challenges New and Old - A Deconstruction on the Work of International Courts”, the aim is to critically appraise some characteristics of international courts that seem to hinder their impact and be problematic to their legitimacy. It presupposes that these features are hidden by the conventional legend-building narratives on international courts. To deconstruct this framework in which they operate, the thesis focuses on three features it argues are connected: the type of justice international courts provide; the democratic legitimacy vacuum in which they operate and the effect of fragmentation and the proliferation of international courts. The inspirations for the thesis notably stem from the remarks that other institutions have raised in popularity in tackling issues of international justice, and from the observation that the issues faced by international courts have, to some extent, remained similar for over a century. The thesis also accepts as a starting point that legal theory on the international field lags behind reality and has struggled to provide a comprehensive theoretical framework under which international courts operate. In order to locate the questions to be asked and to provide an explanation of their need and perceived benefits, the thesis first lays out the historical context of the emergence of international courts on the international stage. This historical context is argued to be closely connected to the legend-building narratives on international courts. Next, in chapter three, inspired by the notion of micro and macro justice, the thesis then makes observations on the kind of justice international courts actually can and should aim for and the results they can achieve. It argues that international courts are limited in the type of justice they can provide, and thus unable to alone reach the goals they were created to fulfil. In chapter four, the thesis then notes that the democratic legitimacy of international courts has been considered questionable from their very appearance, an issue argued to be of relevance still today, not least to the glaring lack of a global demos. It is thus observed that due to the reality of the international field, international courts have had to take the role of a norm-creator. The thesis argues that none of the traditional counter-arguments to this problematic feature can be held satisfactory. Further, it is asserted that the absence of a legislative causes problems to international courts both as an interpreter and as a norm-creator. Finally, the thesis then moves on to a more recent development in chapter five, namely legal fragmentation and the proliferation of international courts. While these make the international legal field more complex, create overlapping systems and thus potential power struggles, it is argued that this phenomenon also further affects the issue of democratic legitimacy and the justice provided by international courts. This happens notably because they lessen the control of states on the newly established norms and institutions. Further, while fragmentation might aid international courts in focusing on micro justice, it complicates their norm-creating process. As a conclusion, the thesis summarises the problems it claims are caused by the framework in which international courts operate and how they differ from the legend-building narrative. Additionally, it restates a few possible modest paths of development to tackle each of the noted problems, although it is argued that to truly solve the encountered issues, the establishment of an international legislative would be required. Due to the research question and the multiplicity of issues treated, the methods used in the thesis are a combination of critical analysis with theoretical and historical approaches, with an end-goal to provide a critical legal study on the impact of international courts.
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(2024)Historically, wartime rape has largely been ignored as a ‘women’s issue’ in international law and condoned as something that ‘just happens’ in war. In the 1990s, however, the sexual violence perpetrated in the conflicts in Yugoslavia and Rwanda awoke the international community to condemn the systematic use of sexual violence as a weapon of war. This paper will examine the nature of wartime rape, especially so-called ‘tactical’ rape, and the international law applicable to it. It will be argued that the law remains inadequate, the approach taken is too narrow, and that the harm of rape is mischaracterised in its emphasis on the harm done to the community, carrying with it a number of problematic implications related to both gender and ethnicity. Specifically, the paper advances the argument that the problematic notion of ‘honour’ remains implicit in the law today.
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(2024)Plastic pollution is a major global environmental challenge that does not spare any corner of the globe. It has been recognised that the earlier international legal framework to address the problem has not been comprehensive or effective. Thus, now, there is a new plastics treaty under negotiations at the United Nations. In Nairobi, where the third round of negotiations was held, activists were demanding decisionmakers to stop waste colonialism. The demand is related to the fact that plastic pollution is most visible in developing countries where waste management systems are inefficient or not existing, even though most of such waste is generated in developed countries. Despite efforts to reduce their exports of plastic waste, developed economies have remained exporters of their plastic waste to developing economies. Thus, this master’s thesis aims to study how colonial structures in international law are contributing to today’s global environmental challenges; and how international law produces waste colonialism. Theoretically, this master’s thesis belongs under an umbrella of law and globalisation; and is based on socio-legal, historical, and comparative approaches to international law.
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(2023)Finland has recently announced its intentions to join the North Atlantic Treaty Organization. This research will overview what the decision to apply and to join means for Finland from an international law perspective. The main purpose of NATO is to exercise its designated collective defense ideology through the means laid out in the North Atlantic Treaty. However, the organization operates outside the treaty’s scope based on provisions laid out in soft law declarations. The implications of what operations fall within the scope of the North Atlantic Treaty and what operations are outside the hard law scope are examined in this research. Previous instances of the use of force by the organization in out-of-scope circumstances, as well as other possible deficiencies in the North Atlantic Treaty, are covered in this research. While the examination of the possible deficiencies in the North Atlantic Treaty serves its purpose for due diligence regarding Finland joining the alliance, the discussion is also aimed toward the organization as a whole for the consideration of the possible need to amend the North Atlantic Treaty whether or not Finland will be joining NATO. The following research question guides the research: “What are the legally binding rights and obligations a NATO member state gains after accession, and what does Finland need to consider in the eyes of international law based on NATO’s past actions and inactions?”
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(2022)According to UNICEF, between the years 2005 and 2020 more than 93 000 children have been recruited to armed groups. Child soldiers are often subjected to different forms of exploitation within their own armed group including sexual and gender-based violence. However, the conduct is not explicitly prohibited in international humanitarian law or international criminal law. This thesis aims to clarify the possible ways to prosecute intra-party sexual violence against child soldiers in non-international armed conflicts, especially under Rome Statute. Secondly, the aim is to identify, how these strategies could be applied in the Colombian transitional justice system, which has opened a case concerning the recruitment of underaged persons, including sexual violence as associated conduct. There have been some precedents in other international tribunals, especially the ICC and the SCSL. However, while some of the prosecutions have been successful, there have been also a lot of critiques and the normative framework regarding the prosecution of intra-party sexual violence continues to be in flux. The thesis argues that prosecution of such crimes would not be against the principle of legality as some critiques state, but rather provide a more gender-sensitive and contemporary interpretation of existing laws, that permits the prosecution of sexual violence towards child combatants. On the other hand, this thesis stresses the importance of such prosecution in the Colombian transitional justice system, since it is an opportunity to strengthen the developing legal framework internationally, while nationally it is an opportunity to contribute to the reparation of the victims and to the durable transformation of the society from conflict towards peace.
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(2021)The emergence of a new wave of private companies and entrepreneurs who are entering the space industry, colloquially known as New Space, is challenging the traditional model of space exploration and exploitation and has brought with it a multitude of new opportunities and challenges, particularly in the realm of space mining. With the increasing interest in the extraction of valuable resources from celestial bodies such as the Moon, questions surrounding the legal status of the celestial bodies have become more pressing than ever before. This master’s thesis seeks to explore the legal status of the Moon in light of the emerging activities of New Space, specifically with regards to space mining. The thesis begins by providing a historical overview of the legal framework that currently governs outer space, focusing on the the Outer Space Treaty of 1967 and the Moon Agreement of 1979, as well as the discussions before and after the conclusion of these international agreements. It also examines the various proposals and debates surrounding the legal status of the Moon, including the concept of “common heritage of mankind.” Next, the thesis delves into current state practice embedded in recent national laws and policies that permit space mining, exploring the various legal frameworks that have been proposed or put into practice by governments. This includes a detailed analysis of the legal challenges facing space mining, such as the lack of clear property rights and the potential for conflict between different actors. Finally, the thesis explores some (existing yet marginalised) alternative ways to think vis-à-vis outer space and the celestial bodies at the age of New Space, by highlighting the need for continued collaboration and dialogue between international actors, as well as the importance of clear and comprehensive legal frameworks that define the legal status of the Moon for a peaceful and sustainable future for extraterrestrial activities.
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(2023)Over the past 10 years, France has been combatting terrorism though several military interventions in Africa, and especially in the Sahel region. However, over the past years, the French presence has gotten increasingly unpopular and sovereignty claims by the African states grow stronger, which has led to the interventions being shut down one by one, beginning from the intervention in Mali. This thesis gets acquainted with the central political rhetoric and legal justifications offered by France for its military intervention in Mali between 2013-2022. Furthermore, the identified justifications are compared against the global counterterrorism rhetoric and the surrounding legal debates concerning interventionism. The thesis finds that the French counterterrorism rhetoric combined political and legal justifications together in such a way that correlates with the global counterterrorism rhetoric. The findings enhance our understanding on how unilateral military interventions can utilise the global counterterrorism rhetoric in a manner that challenges especially international law on the use of force.
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(2024)There will always be a gap between the law and technology, as technology develops at a much faster pace than the law. Globalization in general, internationalization of trade, and technological development towards more digital economies accurately identify the need to modernize law. This thesis focuses on the modernization of international sales law through its most celebrated instrument, the United Nations Convention on Contracts for the International Sale of Goods (the CISG). Two different methods of modernization are assessed: the drafting of a new international convention on sales law, and modernization from the inside out through autonomous interpretation of the CISG text, and the latter is emphasized as the more feasible method of modernization. The autonomous interpretation method for expansion of application of the CISG is applied to contracts for the international sale of datasets of personal data in four steps: grammatical and systematic interpretation, scholarly writing and jurisprudence, general principles of the CISG, and assessing whether the result is fit for and justified by the CISG as a whole. Personal data is selected as an example due to the increase in its trade internationally, and its importance as a commodity. It is concluded that drafting a new treaty is politically, diplomatically, and financially too expensive. Hence, the use of autonomous interpretation as method of modernization is preferred. The application of the CISG to contracts on international sale of datasets of personal data is possible, if Contracting States and their decision-makers follow the new general principle of broad interpretation that allows for modernization of the CISG.
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(2022)Agreeing on a common migration system in the EU has turned out to be extremely challenging due to various reasons, and when the calls for responsibility-sharing and solidarity have not worked, the EU has turned to rely on third countries. In practice, this means that some of the EU’s migration and border policies have seen a transfer of responsibility, where countries of origin or transit take on some of the migration and border management originally managed by a destination country, in return for financial support. This is a strategy often deployed by wealthier states to prevent migration flows and ease the pressure on their own migration system, going under the name externalisation. As states adopt stricter laws on migration and impose stricter border controls, ways of entering countries are reducing. This consequently leads to people having to rely on irregular means to migrate, paving the way for a ‘migration industry’ that favours profit-driven actors to take advantage of. This Master’s thesis will reflect on this growing trend in the field of migration policy, by focusing on the Northern African countries going under the collective name of Maghreb as the receiving countries of externalised policies. This group of countries have become popular transit (occasionally destination) countries for migrants trying to reach the South European countries in attempts that can best be described as perilous and life-threatening journeys.
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(2024)In this thesis I examine how pastiche has developed as an exception and limitation to copyright in the EU law and how it could develop in the future. The context of the study is remixed artwork and user generated content within the EU copyright. To study how pastiche has evolved in the EU jurisprudence and what improvements scholars have suggested for the EU copyright, I start by examining the legality of remixes and remix culture. It is relevant to understand how pastiche has been defined in law and what definition suggestions legal scholar have mede for its legal definition since the EU legislator has not yet done so. What effects the interpretation and application of pastiche in the EU jurisprudence is the EU legislation such as InfoSoc Directive, CDSM Directive and European Fundamental Rights. As a native, I am interested in how pastiche has presented itself in the Finish law and how it compares to the neighboring Sweden which Finland has shared practically identical copyright law with. To explore how pastiche has been utilized in the EU courts, I have chosen to study the German cases of Pelham and Scorched Earth, the latter being still ongoing battle in the CJEU and the former the first German case where the pastiche plea was successful. The implementation periods of the InfoSoc Directive have a significant effect on how the exceptions and limitations to copyright have been applied by the EU courts. To contemplate how pastiche could evolve in the future legislation I present suggestions of legal scholars on how to improve the EU copyright law. These include reputational harm and the application of trademark infringement. For the latest development in the EU copyright, I present the CDSM Directive Article 17 and how it has affected the liability regime and user generated content on online content-sharing platforms. I examine what benefits pastiche could provide for user generated content and if there are means to avoid the negative effects of automated filtering in the context of user generated content shared online. In the conclusions I present the results of my study and provide my own proposal how pastiche could be defined legally.
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(2023)Today’s geopolitical situation seems to give the EU and NATO many reasons to combine their forces. Following Russia’s unlawful attack against Ukraine in February 2022, both clubs of sovereign states have found themselves dealing with the same question; how to ensure security of the European continent against external aggressions? While defence is traditionally strongly linked with the core functions of NATO, it is evident that the EU has shown a keen interest in operating in this field as well. While this development is understandable and necessary, it sparks a need to have a thorough relook at the work distribution of these two organizations. Therefore, this thesis concentrates on the following research question: Understanding that a significant majority of Member States of the European Union are also members of NATO, to what extent do these two organizations’ legal mandate to act within the field of security and defence overlap with each other? What could be possible ways to further promote the clarity between the EU’s and NATO’s legal competences in the field? This research is first and foremost rooted in international institutional law, meaning that all aspects of this research are meant to serve the understanding of the regulatory framework in an inter-institutional relationship. While political dimensions are always closely intertwined with this aspect and are thus extensively discussed within the thesis, their main purpose still remains to serve as a tool to grasp the essence of the legal-regulatory side of the relationship. Consequently, this research follows a multi-method approach. The benefit of utilising a combination of methodologies is that it allows me to examine my research question from several perspectives; as my research question is multifaceted and includes both legal, political, and historical dimensions, I believe that this is the best way to gain the most complete picture of the research subject.
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(2021)Ubiquitous digitalization and advancement of technology led to a tremendous shift in regulation of copyright in the European Union over two last decades. New reality poses new challenges for the collective management organizations and traditional way of their operation. Through conceptual analysis of framework for regulation of copyright operation of collective management organizations in the EU this research seeks to find how futureproof they are as a legal institute.
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(2023)Following a long tradition of international criminal justice, the Office of the Prosecutor (“OTP”) of the International Criminal Court (”ICC”) has also directly targeted high-level international perpetrators to end impunity for the most serious crimes. However, after over two decades in action, the ICC has convicted only five international criminals, none of whom can be considered most responsible for the crimes, and has constantly intervened with the atrocities too slowly. The ICC’s ineffectiveness and the finding that domestic courts also struggle to prosecute international cases suggest that many international perpetrators may currently go completely unpunished, thus creating the so-called “impunity gap” for international crimes. Therefore, the OTP must no longer directly target the high-level offenders but instead consider a different approach for pursuing the same goal. Taking a socio-legal approach, this thesis aims to propose a new strategy for the OTP within an existing legal framework and to examine whether it could solve the problems causing the ICC’s ineffectiveness. With examples from the United States and the International Criminal Tribunal for the former Yugoslavia, this thesis proposes that the OTP must first prosecute several lower-level offenders while actively using plea bargaining to incentivize them to cooperate against their superiors to prosecute the high-level offenders successfully. This thesis argues that implementing the new strategy is crucial for the ICC to hold the most senior international offenders accountable and to build peace in war-torn regions as intended. At the center of this thesis is the finding on how the new strategy could help the OTP overcome its main investigative difficulties in terms of sufficient evidence and reliable witness testimonies. This thesis further argues that because the new strategy would allow the ICC to use its resources more effectively and grow more efficient, it can succeed better despite having a limited budget and global scope. However, the lack of political support and State cooperation limits the impact of the proposed strategy indicating flaws in the Rome Statute. This thesis also argues that the new strategy allows the ICC to produce a more significant deterrent effect while motivating the States to prosecute international cases more effectively. In conclusion, while the results of this thesis suggest that the OTP should implement the proposed strategy, as it would allow the ICC to narrow the impunity gap on behalf of the ICC itself and behalf of national courts, amending the Rome Statute to include provisions for enforcing the cooperation with the States might be required for better results.
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(2022)During the year 2022, the total number of forcibly displaced persons reached 100 million for the first time on record, and in June 2022, the total number of refugees was 27.1 million. In the meanwhile, the use of more extensive and restrictive migration control measures continues to be a trend, as a variety of new policies aimed at deterring migration continue to be adopted around the world. Many of these measures and policies reach outside of the national territories of states and can be described as measures of externalisation of migration control. In this master’s thesis, the externalisation of migration control is explored against the obligations arising from the international legal framework of refugee protection. The thesis seeks to research the phenomenon through the following research questions: 1) What is the international legal framework surrounding the externalisation of migration control? 2) What kind of migration control measures and externalisation practices are adopted by states? 3) What is the legal basis for the extra-territorial actions taken by states and how does it affect their international obligations? The adopted research methodology is inclined to criticism, and thus intends to question the current international legal regime concerning refugee protection and its ability to respond to the refugee problems in a constructive manner. The sources of this thesis consist of international treaties and conventions, as well as national and international judicial decision, writings of legal publicists, and guidance, resolutions, expert opinions, and consultations of non-governmental bodies such as the UNHCR and the Executive Committee. Even though the main international legal instrument on refugee protection, the 1951 Refugee Convention, calls for international cooperation and distribution of burdens in its Preamble, in reality, states are moving more to the direction of responsibility shifting. Through a variety of arrangements, policies, and measures explored in this thesis, states have managed reduce the number of refugees and asylum-seekers arriving to their borders and entering their territories. As a consequence, the unequal distribution of the refugee burden remains unresolved.
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(2021)As transnational corporations have emerged as some of the most prominent actors within the international system, there have been several attempts to approach them through international legal and normative instruments during the past 50 years. Despite this, there is no established system by which corporate actors can be held directly accountable for human rights abuse under international law. Accessing domestic remedies for human rights abuse by transnational corporations remains a challenge as the abuse often occur in regions where fair and effective court proceedings are unavailable. Extraterritorial court proceedings, on the other hand, entail several practical and legal barriers to the access to remedy, causing a general lack of final court rulings in the field. Against this background, international arbitration has been proposed as an accessible and effective method for the resolution of disputes which concern corporate activities and human rights. In December 2019, the Hague Rules on Business and Human Rights Arbitration were launched with the intent of facilitating arbitration of disputes in this context. The aim of arbitration under the Hague Rules is to provide those affected by adverse human rights impacts of businesses with the possibility of a remedy and to provide businesses with a mechanism for addressing their adverse human rights impacts. The aim of the study is to examine the potential of international arbitration as an alternative dispute resolution method for cases concerning adverse human rights impacts by transnational corporations. As the underlying issues which give rise to the need for a non-Statebased grievance mechanism, the thesis addresses the limited international legal framework applicable to corporate actors and the barriers to remedy that victims may face in human rights litigation against transnational corporations. Acknowledging that arbitration is not meant as a general substitute for Statebased redress mechanisms, the thesis finds that international arbitration under specialized procedural rules can provide several advantageous features that improve the access to remedy for victims of human rights abuse by transnational corporations. However, the availability and effectiveness of arbitration in this context is dependent on additional mechanisms to be established on the initiative of states, businesses or international institutions. The thesis concludes that business and human rights arbitration is a well-motivated option to be developed further.
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