Search results for "Rude"
showing 10 items of 1104 documents
Failure to make a reference for a preliminary ruling to the Court of Justice of the European Union as a violation of Article 6 of the European Conven…
2019
This thesis examines the situation when a national court adjudicating in the last instance refuses to make a reference for a preliminary ruling to the Court of Justice of the European Union from the perspectives of European Union law, the European Convention on Human Rights. This situation is analysed in the broader context of the relationship between the Court of Justice of the European Union and the European Court of Human Rights.
Electronic identity verification: personal data protection challenges and risks
2020
This work highlights the clash of GDPR, eIDAS Regulation and PSD2 Directive, as well as tackles challenges of implementation in practice, specifically the challenges of securing personal data whilst ensuring an electronic identity. A comparative analysis on practical case studies which are concerned with electronic identity verification, electronic identity establishment and use electronic identity verification in the process of providing services is carried out in order to understand how such businesses tackle personal data challenges, how successfully and to what manner. The work concludes with findings of legal uncertainty between all three regulatory acts, as they lack unified definitio…
Application of the Article 28 (3) of the General Data Protection Regulation in contemporary Software as a Service (“SaaS”) business.
2019
For the purposes of this thesis, regulatory requirements associated with the Data Processing Agreement (DPA) are subject to interpretation in the context of SaaS delivery models widely adopted by prominent SaaS providers. In addition, the author argues that, multiple parties processing personal data leads to problems in determining the correct processing role. Thereby, parties may struggle in meeting the requirements of Article 28 (3) of the General Data Protection Regulation (GDPR). Failure to ensure that processing is covered by the proper DPA is regarded as an infringement of the GDPR. For that reason, the thesis seeks to stress out complications associated with structuring DPA’s and pro…
The Etheral plane of EU decision-making: the relationship between the European Council and the rule of law during the Eurozone and refugee crises
2018
This paper aims to identify whether the European Council has respected the general principle of the rule of law during the actions taken during the Eurozone and refugee crises. The research is structured in three parts: first, a detailed overview of the intuitional formation of the European Council since its origins to the present day, with a closer look at the competences provided for by the Lisbon Treaty. Second, an analysis of the decision-making process of the European Council through the Eurozone and the refugee-management crisis, with more emphasis and detail dedicated to the second one, being far less researched that the first one.
Uncertainty under Norway’s claimed exclusive rights over the Snow crabs in the Archipelago of Svalbard
2019
This thesis explains the legal framework in the Archipelago of Svalbard with an emphasis on the Loophole area. The author will answer the question on what is regulating the Svalbard archipelago and can Norway claim exclusive rights over snow crab. Snow Crab as a resource residing also in the Loophole area has already attracted attention and brought two fishing ships before the Supreme Court of Norway. This thesis explains how the situation has evolved by giving the historical background of the area of Svalbard, provide an overview of the current legal framework, lastly, a case law analyses.
Separate and dissenting opinions: their role in the practice of the ICJ
2019
The purpose of the thesis is to draw attention to the significance of the individual opinions in the practice of the International Court of Justice. The author aims to define the actual role of individual opinions in the system of work of the International Court of Justice by means of analyses of individual opinions appended to the Court’s judgements, rendered under contentious and advisory jurisdiction of the Court. In this thesis possible solutions proposed of how the existence of individual opinions should be regulated in the basic documents of the International Court of Justice.
The status of the right to secession in international law within the context of the conflict between the principles of self-determination and territo…
2020
The principles of self-determination and territorial integrity are some of the most important norms in modern international law, enshrined in the UN Charter and numerous subsequent sources of law. However, in practice, the two come in conflict when a minority group’s desire for complete self-determination in the form of secession confronts the territorial inviolability of the state within which that group resides. This paper seeks to answer how such a situation is managed by the international community through examining the status of a right to secession in international law. It is a concept surrounded by much controversy, however, in the contemporary international arena, where secessionist…
International consequences of the activation of Title III of the Helms Burton Act
2020
In May 2019 the U.S. government activated the Title III of the Helms Burton Act. Title III grants U.S. nationals whose property was expropriated in Cuba after the 1959 revolution a private right of action against those who traffic in their property. The purpose of the thesis is to analyze the legal, political, economic and social consequences of the activation and its incompatibility with international law. The study therefore examines expropriation rights, state immunity from jurisdiction and the extraterritorial application of U.S. laws. Analytical and applied legal research has been conducted by evaluating primary and secondary sources of law such as national legislation, treaties, inter…
Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…
2019
There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…
Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany
2020
Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…