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Corporate Partners: 
 Auditing Partner:  Human Rights Partner: |
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ELSA Selected Papers on European Law 2003 (2) Towards a Common European Asylum System by C.J. GORTÁZAR ROTAECHE  Download this article |
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The Engine of Globalisation? The Motives for the Liberalisation of Capital Movements and Opening of Emerging Markets by VICTORIA BANTI-MARKOUTI Summary of Article: The notion of globalisation is controversial. It is a multi-faceted phenomenon which raises discussions on different levels of analysis. In this article we have tried to explore the political, economic and legal motives that led to the liberalisation of capital movements and the opening of new emerging markets in particular. Download this article |
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EC Competition Law - Its Effect on Air Transport Liberalisation by CATRIONA DALY Summary of Article: This paper explores the effect that EC Competition Law has had on the liberalisation of the European air transport sector and examines how it is contributing to further liberalisation. In order to appreciate the application of the competition rules we must first look at the liberalisation process. Then the article proceeds to examine how the EC's competition rules have been applied to the air transport sector. Further mergers and alliances and the impact of the Merger Control Regulation (1989) are looked at. The issue of state aids and the penultimate section explores the growing issue of access to airports and the liberalisation of airport services such as ground handling is explained. Finally, it is discussed what remains to be done in terms of liberalising the European air transport industry. Download this article |
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The new definition of a trade mark The Trade Marks Act 1994 and the EU Trade Mark Directive and Regulation allows for the registration of single colours and smells as trade marks by FRANCISCO GUAJARDO RAMÍREZ Summary of Article: The intellectual property law confers protection for marks by one of the different rights that are in the scope of the referred subject. Specifically, the trade mark law provides the privilege of the exclusivity of the property of a right determined by a sign, which can be represented in any form that could represent a distinctive mark. "The more distinctive or unique the mark, the deeper its impress upon the public consciousness, and the greater its need for its protection against vitiation or dissociation from the particular product in a connection with which it has been used" (Frank Schechter). Download this article |
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Slovak Energy Law and EC Energy Directives Implementation Contribution to the most recent legal and institutional development in the Slovak Energy Sector by JAKUB HANDRLICA Summary of Article: Energy intensity is being reduced since the establishment of Slovak Republic, but in comparison with EU - countries average it is still 7,7 times higher using exchange rate and 2,3 times higher using purchase power parity. The reasons for this fact are mainly low productivity compared to EU - countries, as well as high share of Industry Sector on GDP Generation and high share of Industrial Sectors with high energy requirements. Download this article |
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Extraterritorial Jurisdiction in Competition and Anti-trust Matters by MARIA JOHANSSON Summary of Article: The main objective of this article is to determine the justifications for extraterritorial jurisdiction. The second objective is to determine the compatibility of exercising extraterritorial jurisdiction in competition and antitrust matters with public international law principles, such as the principle of territoriality and the effects doctrine as the outer boundary of jurisdiction as well as the principles of comity, non-interference and balance of interests. The argument is that in many of the cases examined extraterritorial jurisdiction has been exercised in violation of public international law principles. The third objective is to determine the need for a global competition policy and to determine the feasibility of WTO as an institutional forum for the matter. Finally the basic jurisdictional rules are examined. The emphasis is on the possibility for a multilateral trade agreement within the framework of the WTO. Download this article |
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Genetically Modified Plants: Beneficial or Dangerous Substances? A comparative study of the legal environment for transgenic plants by ONDREJ VONDRÁCEK Summary of Article: The prohibition of patentability of transgenic plants and limits on their access to the food market add to the list of issues dividing Europe and the United States. Although both systems have a common legal basis for intellectual property rights (IPR), they strikingly differ as to the real effects of those rights. In regard to the question of market access authorisation for genetically modified food products, the legal situation is different. Upon the public pressure requiring the right to freely decide whether or not to consume GM food, the European Commission stalled the proceedings leading to the issue of market access authorisation for GM products. Approach subsequently adopted by EC generated strong opposition on the part of the United States, where no such obligation exists and whose producers have thus been de facto excluded from European markets. It comes as no surprise that the WTO dispute resolution settlement procedure has been initiated to mediate this conflict. Download this article |
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Recent Developments in European Union Law (Second Half of 2003) by RICHARD CROWE, Academy of European Law, Trier Summary of Article: This is the traditional review issued in every edition of ELSA SPEL. It gives an overview of the major developments in European Community Law. Download this article |
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