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Tétel Korlátozottan hozzáférhető Illegal Migration and Rights of Asylum Seekers under the European Convention of Human RightsRiyasat, Amina; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi KarThe research is all about Illegal Migration and its driving factors which is one of the greatest issues European countries are facing today. There are so many compelling factors which includes social unrest,Economic factors and civil wars. The research also focus on what are different policies which are adopted by different Countries in EU to protect and ensure the basic Rights of people who are moving to their countries in search of better opportunities and to restrict such illegal migration by border controls. The recent unprecedented, irregular, illegal, and asylum-seeking migration to EU countries is overwhelming southern Europe, the EU, and the world. The EU has long seen mass migration, but the current flow is unprecedented. Migrants risk their lives crossing dangerous Mediterranean Sea and land borders in Africa and the Middle East due to rising conflict, poverty, and instability in their homelands. There are many other factors for this migration. As a result of this illegal and irregular migration, EU countries are suffering in all sectors, including social, political, and, most importantly, economic, where states, especially Greece and Italy, are facing crises at the domestic level that have severely limited their resource capabilities to manage the migration and refugees’ issue. Due to the conflict of states’ national interests and internal security concerns, the European Union has struggled to find and create comprehensive humanitarian crisis policies such as health policies, labor laws, policies regarding the assimilation of migrants, policies regarding the employment of migrants, and policies related to migrants’ identities. It is imperative to see to what extent these policies address the issue and how the effectiveness of these policies could be further enhanced. Thus, the study explores the “push” and “pull” factors leading to illegal migration, the implications of this illegal migration, and the recent legislative approaches and policies to address this issue.Tétel Korlátozottan hozzáférhető Liability for GoodsImran, Shahid; Fézer, Tamás; DE--Állam- és Jogtudományi KarThe world commercial trade particular to goods provides to meet the economic requirements of the mankind. In this global commercial system the various set of principles as well as the regional laws proclaim per se their competency to address the everyday commercial issues. The goods trade remained under the control of draconian domestic regimes that hindered the pace it could attain until the formation of the United Nations under whose auspices the international law was derived in 1980 with the name as the Convention on Contracts for the International Sale of Goods. The Convention intends to address the important issues like the fixing of liability for the risks that goods set for transportation, defining the rights and obligations of the seller and buyer, the conflict of law study and over all internationally acknowledged procedure for the sale of goods. The room for evolution is still provided in the Convention that promises worldwide harmony in the trade of goods by its gradual ratification by the States.Tétel Korlátozottan hozzáférhető Obligation of seller and its performance under the CISGNorbotaev, Khasan; Hajnal, Zsolt; DE--Állam- és Jogtudományi KarThe purpose of the thesis has been to discuss the importance of the UN Convention on the Contracts for International Sale of Goods (hereinafter the CISG). On providing a modern, uniform and fair regime for contracts for the international sale of goods. This thesis work now ventures to investigate the obligations and expectations, both just and unjust, of the seller in international trade. The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The CISG is therefore considered one of the core international trade law conventions whose universal adoption is desirable.Tétel Korlátozottan hozzáférhető Corporate Governance: Directors’ Duties in the EU & the USAAl-Khashashneh, Omar; Bartha, Ildikó; DE--Állam- és Jogtudományi KarBased on increasing internationalisation, the ownership and management control are separated in contemporary organisations, which has heightened significance of corporate governance. It has been addressed by researchers that corporate scandals have increased, which has called for corporate governance to combat global trends of corporate failures. During this study, I will indicate the corporate governance and directors duties in different legal systems, the EU, UK. Because there is no single code for the entire EU member states, comparing between the US Corporate Governance which applies to a whole national legal system was really tricky, also, the UK dropping out of the European Union. Had also made it very difficult to make the search, it was nearly impossible to avoid the role of the UK in introducing corporate governance to the EU, and it was very essential to mention the cases of the United kingdom, the 2006 UK Company Act articles regarding the directors duties.Tétel Korlátozottan hozzáférhető International legal regulation of cultural tourismBychkova, Elena; Fézer, Tamás; DE--Állam- és Jogtudományi KarThe actuality of this work is that international tourism is increasingly becoming an essential part of the life of people who want to explore the world. Consequently, there is a need for legal regulation of the rights of consumers of tourist services, providing their safety, as well as their legal protection by international authorities and organizations both at the international level and at the national level within individual countries. Fairly can be considered international cultural tourism as one of the highly profitable for the state budget of some countries, the increase of travelers contributes to the country's high level of employment, as well as the development and cultural diversity of the countries of the world, on this basis we get the need for legal regulation. The experience of many countries demonstrates that the success of tourism development directly depends on how this industry is understood at the governmental level, how much it is supported by the authorities. Any developed country, in order to receive budgetary income from tourism industry, must invest in research of its territories to analyze the tourist potential, prepare programs of tourist business development, projects of necessary infrastructure and resort regions and tourist centers and in advertising. Tourism is the largest sector of the modern economy. International tourism is a major part of the world economy, providing a tenth of the world's gross national product. This sector of economy is developing fast and will become its most important sector in the next few years. Annual growth of investment in the tourism industry is about 30%. Tourism uses about 7% of the world's capital. International tourism today is an area of socio-economic complex, which has become a fast-growing industry in many countries. Currently, every 7th job in the world is in the tourism business. This work is a research in the field of international legal regulation of tourism as an international phenomenon. It follows that tourism as an international phenomenon also requires certain international regulation. The object of the study is a system of social relations appearing and developing in the field of tourism. The subject of the research is the international legal regulation of tourist activity as a complexly organized and multifaceted legal process.Tétel Korlátozottan hozzáférhető Child Labor: Reality in PakistanHaq, Muhammad Zahoor Ul; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi KarThe beginning chapter of this thesis deals with the Introduction and Historical background of Child labor. The second Chapter explains the Concept/Theories about Child Labor. The third Chapter is about Realities and Elements of child labor in Pakistan. What is the basic concept, theories, Realities and causes of child labor in Pakistan with the reference of some case laws? The fourth Chapter is about child labor in Pakistan and the role of government to eliminate child labor from Pakistan. It explains all laws, legislation, and organizations about child labor. The fifth Chapter deals with the literature review. It explains the previous researcher's work in detail. The sixth Chapter is about the conclusion and discussion about the research work in particular.Tétel Korlátozottan hozzáférhető MiFID II: What the ‘MiF’ is going on?de Vos, Ben; Fézer, Tamás; DE--Állam- és Jogtudományi KarThe thesis that follows discusses and explains the financial regulations concerning the Markets in Markets in Financial Instruments Directive 2014/65/EU (hereafter, ‘MiFID II’). A broad look at this complex directive will be had and then certain elements of it will be clarified. Further, the implications of MiFID II thus far will be analysed. The topic will take on a global view and not be limited to the European context. The thesis will then move onto the legal aspect and focus on the Courts and their role with regards to MiFID II. Regulations, jurisprudence and jurisdiction will be deliberated and their development or, lack thereof. In short, the technical aspects of MiFID II will be tackled and then the theoretical aspects of the law will be considered. Finally, the value of MiFID II will be determined.Tétel Korlátozottan hozzáférhető The issues of improvement of Contracts' consideration for International Sale of Goods in International Commercial Arbitrations.Soburov, Shokhujakhon; Fézer, Tamás; DE--Állam- és Jogtudományi KarRelevance and importance of the topic of thesis work. It’s undeniable fact that nowadays United Nations Convention on Contracts for the International Sale of Goods (“CISG”) plays crucial role on regulation of relations in the international sale of goods procedure and it was adopted on 11th April, 1980 in Vienna. The United Nations Convention for the International Sale of Goods is one of the paramount normative legal acts in the field of contract law. For example, it combines different legal systems, because to date, that’s as of 13 February 2021, the CISG has been adopted by 94 contracting states on all five continents which account for at least about 2/3 of world trade. Therefore, it governs unlimited number of international sales contracts around the world. The CISG is probably the most important example of unification of substantive private law in the world, creating a uniform set of substantive rules. Unlike a civil code, the CISG does not claim comprehensive scope. The Convention applies to one type of legal relations – sale of goods. However, in real life, sale contracts are often accompanied by additional clauses that require specific regulation. In particular, it is common practice for parties to insert arbitration clauses in their international sale contracts. The close connection between sale contracts and arbitration clauses poses a question of their unified or separated regulation. Besides that despite the Convention was drafted to regulate contracts for the international sale of goods, it’s considered as a model law to modernize and harmonize national legislation on contracts for the international sale of goods. That's why the Convention has significant effect to states' legislation on international business relations in this regard. Also, it’s known that there are main 4 types of Alternative Dispute Resolution methods, namely, Negotiation, Mediation, Arbitration and Conciliation. It's undisputable fact that nowadays Alternative Dispute Resolution institutions play great role to settle issues on Contracts for International Sale of Goods. Especially International Commercial Arbitrations have priorities over than other ADR institutions and national litigation during resolution of disputes on Contracts for International Sale of Goods. For example its resolution is legally binding for both parties and it's the crucial and main difference than other ADR institutions and parties can jointly choose an expert to be an arbitrator (neutral third party or parties) and its process faster and sometimes cheaper than litigation and those factors are the distinctions between International Commercial Arbitrations and National Litigations. In addition, reputable global arbitration surveys conducted by the Queen Mary University of London do demonstrate that the preferred method of dispute resolution is International Arbitration according to 90% of respondents4. Taking into account the role of arbitration as a natural forum for international merchants, it could have been expected that the CISG would clearly delimit its material scope regarding arbitration agreements. Unfortunately, the text of the CISG is surprisingly cryptic in this regard. The ambiguity of the Convention has supplied arguments both to those supporting its application to arbitration clauses inserted in sale contracts and those favoring application of international or domestic arbitration law to arbitration clauses. The practice of courts and tribunals is also inconclusive, although the majority seems to prefer separation of legal regimes5. Despite International Commercial Arbitrations have positive aspects than other ADR institutions and national litigations in settlement of disputes on Contracts for the International Sale of Goods, International Commercial Arbitrations don't play crucial role in this regard yet. Because, despite nowadays the number of cases using arbitration to resolve civil and commercial disputes in China has been among the highest in the world, in 2020, CIETAC accepted 3,615 cases, with the disputed amount reaching RMB112.1 billion, 508 of which were sale of goods disputes, accounting for 14% of its caseload. It’s not good statistics on CISG in International Commercial Arbitrations. 1. Why is the statistics of Contracts' consideration for International Sale of Goods by International Commercial Arbitrations low?! 2. Does the United Nations Convention on Contracts for International Sale of Goods have legal issues to consider CISG issues by International Commercial Arbitrations?! 3. What types of negative aspects do International Commercial Arbitrations have on Contracts' consideration for International Sale of Goods?! 4. How can be improved the Contracts' consideration for International Sale of Goods by International Commercial Arbitrations?! Therefore author emphasizes on the issues of improvement of Contracts' consideration for the International Sale of Goods in International Commercial Arbitrations via scientifically and practically sound proposals at the current thesis work.Tétel Korlátozottan hozzáférhető The Revisited of Non-Appropriation Principle to the Mars Colonization Plan: Consideration for de lege ferenda of Outer Space RegimePutro, Yaries Mahardika; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi KarSpace is a huge territory where man developed physically and intellectually. As a consequence, space today is part of our daily life. Historically, space only authorize by the States and only use to show the State’s power. In the recent time, space focused on the uses of commercial approach, which is known as space commercialization. Space commercialization involves the sale of resources, such as satellite communications, remote sensing, the launch of space objects, or even space tourism to ordinary citizens. State, international organizations and even private companies will carry out these activities. Several private companies, such as Space X and Mars One, have released their mission to the Mars Colonization Program. Beyond an ambitious target for space exploration, Mars colonization has become a well-known phenomenon today, fuelled by a potentially naive and somewhat unfounded assumption that the Red Planet could be terraformed to support human existence at some point in time. It will be a new challenge for all legal actors, especially in the sense of the outer space regime, to explore this concept. The Province of all mankind and the concept of non-appropriation are the two most basic concepts that the outer space system upholds and stresses. By using the dogmatic approach, this study addresses three important issues on Mars colonization: the possibility to the enforcement of appropriation in Mars, the scheme of appropriation process in Mars and the reformation of Corpus Juris Spatialis.Tétel Korlátozottan hozzáférhető Cybersquatting and Trademark Infringement: A Critical AnalysisQenaj, Arbresha; Fézer, Tamás; DE--Állam- és Jogtudományi KarThe purpose of the thesis is to critically analyze the concept of cybersquatting, development and its impact on the trademark society. The phenomenon of cybersquatting came into existence simultaneously with the commercialization opportunities on the internet where businesses were not educated well enough in respect of the internet’s market prospects and by that time did not know how to properly react in this regard. This thesis will outline the notion and types of domain names. The analysis shows that since the establishment and high growth of the internet a great number of people saw it as a “gold chance” by registering domain names identical or confusingly similar to well-known trademarks with the intention to have income benefits when selling them to trademark owners. Further, it explains the correlation between domain names and trademarks, scrutinizing the similarities and differences that exist amongst, and how these two are intertwined and handled from legal perspective. Moreover, it clarifies the importance and the role of ICANN and its role through the UDRP in solving disputes that arise from cybersquatting and providing trademark owners with such mechanism which enables them to fight against this problem and to protect their trademark rights. In addition to this, the advantages and disadvantages of this online dispute resolution are thoroughly clarified and criticized at the same time. In addition, the study concludes that our current legislation is not richly enough to handle with such matters and seems to be reviewed.Tétel Korlátozottan hozzáférhető Intellectual property as a subject matter of arbitrationBolotbekova, Aizharkyn; Hajnal, Zsolt; DE--Állam- és Jogtudományi KarThe role of intellectual property in world trade and economic development is steadily growing. In the modern world, where the economy is increasingly dependent on the use of the results of intellectual activity, the results of the intellectual labor of citizens are the potential of the state, the key to international competitiveness and national prosperity. However, prosperity is impossible without the proper level of legal protection of intellectual rights. This thesis is devoted to a comparative study of the arbitrability of intellectual property disputes in different legal systems. The purpose of the study is to summarize the current trends in the legislation of different countries and international judicial and arbitration practice on the issue of arbitrability. Based on the results of the analysis and critical reflection of doctrinal sources and national laws, a gradual expansion of the range of arbitrable categories of disputes, and the liberalization of this area, are being made. However, existing restrictions are often not explicitly enshrined in legislation. In addition, significant differences remain between the legislation of different countries on certain issues, in particular regarding the validity of intellectual property rights. It seems logical that in order to harmonize international legislation, it is necessary over time to single out uniform criteria for arbitrability and consolidate them at the level of international acts. After examining an international trend of arbitrability of intellectual property, this paper analyses the challenges of intellectual property protection in Kyrgyzstan and the place of arbitration.Tétel Korlátozottan hozzáférhető Impact of Money Laundering on Economy/Business and Terrorism Financing in Pakistan and the Role of The European UnionNasir, Irfan Ahmed; Bartha, Ildikó; DE--Állam- és Jogtudományi KarThis study will show how money laundering affects businesses in Pakistan and which techniques are used by the money launderer to finance terrorism and how much money has been laundered from all over the world. What are the types of money laundering and what are the negative effects of money laundering and terrorism financing in Pakistan? And what is the role of The European Union to curb money laundering in Europe? This study, it will show what FATF doing to control money laundering all over the world. Who was the 1st money launderer? And what was the top cases regarding money laundering?Tétel Korlátozottan hozzáférhető Legal aspects of the Common Security and Defense Policy of the EUMingazhova, Kamila; Bartha , Ildikó; DE--Állam- és Jogtudományi KarThe European Union is one of the leading players in the struggle for the maintenance of peace and security of mankind. In the field of common European integration, the State defense of the European Union is of great importance. In the fight against new threats and challenges, the European Union devotes more and more time to this issue. Brexit, illegal migration, terrorism, armed conflicts and crises have given a new wave of discussions about the formation of the European Union's own army. The purpose of the creation, which is to strengthen its own defense and reduce dependence on NATO.Tétel Korlátozottan hozzáférhető Implications-of the trips agreement under the world-trade-organization for developing-countriesButt, Essa Raheel; Bartha, Ildikó; DE--Állam- és Jogtudományi KarGlobalization is breaking down hurdles to occupation and communication, it is also forming new methods of exit as the technology crack between rich and poor-countries. Except for the comparatively recent development of some East Asian states and Newly-Industrialized-Countries (NIC’s), developed nations retain financial strength while developing nations and specially the Least-Developed-Countries (LDC’s) facing monetary backwardness. To build capability and promote both human growth and financial development, developing nations should be encouraged to promote revolution, boost business capabilities, The purpose of this dissertation is to explain and examine the Implications-of the Trade related-aspects of Intellectual-Property-Rights-(TRIPS)-Agreement under the World-Trade-Organization (WTO) for Developing-Countries and to come up with possible solutions to this problem. The investigation includes a detailed explanation of the solutions developed by many countries and their importance to the Least-Developed-Countries (LDC’s). A recent review of the literature reveals that the TRIPS treaty discriminates against undeveloped countries. The debate over IPR’s dates back to the 19th century. British economist John Stuart Mills (1900) argued in his volume, The Opinion of Political Economy, that criticism of monopolist should not be prolonged to include patent holders.Tétel Korlátozottan hozzáférhető Comparative legal analysis of financial labor rights of surrogate mothers in the European Union and GeorgiaChakhnashvili, Ketevan; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi KarSurrogacy endures one of the biggest challenging and controversial issues not only in the European Union but around the world as well, including Georgia. As different legal systems divergently evaluate surrogacy as a business field, contrasting legal frames are found to guarantee for surrogate mothers. Georgia is not an exception from this, as new amendments in labor legislation have recently entered into force. During the law-making process, several problems have arisen, including issues of employed women requesting paid maternity leave in the private sector and surrogate mothers’ undefined rights contrasted to naturally pregnant women. As in every State, the parliament of Georgia had two opposing parties: The supporters of the law and those against it. As Georgia has signed ASSOCIATION AGREEMENT between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part and is following the path toward it, the whole process includes adopting regulations the European Union establishes and following the directions of the European Union Directives. In this research, my aim is to assess the position of surrogate mothers’ financial labor rights not only in the public sector but also in two diverse jurisdictions: European Union and Georgia. Through scrutinizing numerous articles of regulations and directives, papers written by superior researchers of law and economics around the world, the thesis has prevailed the structure accordingly: it starts with a short review of the origins of surrogacy as a business, I analyze the legal nature of surrogacy contracts, surrogate mothers' rights, and financial labor rights, and draft the conclusion about critical positions of European and Georgian legislations. The research mainly focuses on women’s challenging reality on demanding the vital development of law in the European Union and Georgia. To represent the major problem of the thesis, existing cases of relevant courts will be discussed. For clarification of motivation to protect surrogate mothers' financial labor rights, the research also highlights the importance of developing indisputable achievements of regulations in the European Union as in Georgia. The vision will be opposed with the opposing groups considering the substantial law more hazardous than beneficial. Finally, the wisely contrasted objective of accepting surrogacy and financial labor rights related to it directs and sets the conclusion between these opposing visions.Tétel Korlátozottan hozzáférhető Sport as Subject of Regulation in the Internal Market of the European UnionRodriguez Guarquila, Freddy Giovanny; Bartha, Ildikó; DE--Állam- és Jogtudományi KarSport is a socio-economic phenomenon of global proportion. In this work, the scope of sport in society will be exposed, therefore, in the first chapter you can have an idea on how sport has become a tool for education, health, culture, and economy. In the second chapter, the European legislation regarding the internal market and sport, specially the free movement and non-discrimination of workers, and competition law, articles 101 and 102 of the Treaty of Functioning of the European Union. And in chapter three, a comparison of the European Model of Sport with the South American Model, taking into special consideration the right of free movement within the region.Tétel Korlátozottan hozzáférhető How to protect intellectual property rights in foreign markets: the case of iraq compared to international standardsAhmed, Khoshi; Papp, László; DE--Állam- és Jogtudományi KarThis study searching on the basic principles and provisions established worldwide to protect intellectual property rights in foreign markets, and whether Iraqi intellectual property laws have incorporated with those principles and provisions. Such principles and provisions have elaborated throughout significant numbers of international agreements which they are lastly accomplished in the TRIPS Agreement in 1995. A state, without providing minimum protection as established TRIPS Agreement, may not have a safe and attractive market for international trade. For this reason, most of the developed and developing countries adhere intellectual property system in which the international commitments of TRIPS Agreement adopted to inhibit barriers of international trades related to IPR. Though Iraq has observer status and its membership is not yet approved in TRIPS Agreement, it has initiated to amend IP laws based on the requirements of TRIPS. After a comprehensive amendment, especially, those amendments that have been done by The Coalition Provisional Authority (CPA) in 2004, the Iraqi application of being a member state in TRIPS Agreement is deserved to be approved. Some minor changes have remained to be done as discussed in this study, this may rapid the approvement of Iraqi membership in TRIPS Agreement.Tétel Korlátozottan hozzáférhető Are Some Characters More Equal Than Others?Rona, Nafiye Elif; Fézer, Tamás; DE--Állam- és Jogtudományi KarThis thesis examines “to what extent fictional characters are protected considering they are visually depicted or solely literary characters”, whether the current approach is for the benefit of fictional character protection in means to public domain or interests of the author or do literary characters deserve a better protection under copyright law. By doing so, I will compare several approaches on the matter in the light of US, EU and Turkish law, pointing out the similarities and also differences. Since the objective of this paper is to reach a humble conclusion on “how to protect fictional characters that are based in different mediums?”, the standpoints in those three legal systems shall pave the way to reach a final opinion.Tétel Korlátozottan hozzáférhető Comparison between free movement of trade in Eu and AfricaElobeid Mohamed, Moneeb; Bartha, Ildikó; DE--Állam- és Jogtudományi KarMy thesis is a comparison between the free movement of trade in EU and Africa. I have explained in details about the EU background and treaties and on the other side explained about the ECOWAS and AFCFTA which is the two main regional integration in Africa. I stated the recommendation of the EU and ECOWAS and AFCFTA and what is missing to become better but focused more on the recommendation of ECOWAS and AFCFTA. I have explained the advantages and disadvantages of the free movement of trade in the EU and as well as the obstacles facing the free movement in the EU. And last but not least i have stated the advanatges of AFCFTA to the African economy and benefits of ECOWAS.Tétel Korlátozottan hozzáférhető The role of freedom movement of persons affecting the economy of the European Union countriesMouhamad, Almasri; Bartha, Ildikó; DE--Állam- és Jogtudományi KarFree movement of persons refers to the right of individuals to move freely within the borders of a country or between different countries. It is a fundamental right enshrined in international human rights law and is often linked with the broader concept of freedom of movement, which includes the right to travel, live and work in any part of the world. Free movement of persons is an important aspect of globalization and the development of international trade, as it allows people to move across borders to find employment, education, and other opportunities. It can also help to promote cultural exchange and facilitate the spread of ideas and knowledge.