scholarly journals THe principles of internet-law

2016 ◽  
Vol 3 (2) ◽  
pp. 144-154
Author(s):  
A V Danilenkov
Keyword(s):  
Rapid Development ◽  
Case Law ◽  
Soft Law ◽  
The Internet ◽  
Domain Names ◽  
European Court ◽  
The Subject ◽  
Internet Law ◽  
Enforcement Activity

The article is focused on the analysis of the genesis and legal meaning of the Internet-law principles within the framework of the international and national public order; the author substantiates and lays out the classification of those principles; the adoption of the international law act to incorporate the fundamental Internet-law principles is envisaged. The author castigates some positions and views, circulating in the law science, which purport to attribute the Internet-law principles with the so-called «soft law» tag, being of opinion that such meta-juridical assumptions and easiness may impede doctrinal evaluation of Internet-law as evolving area of law and lead to the obscurantism in the field of the scientific legal knowledge about the subject matter and method of Internet-law as well as the substantive characteristics of the relations, governed by its norms. In order to bolster up his thesis the author refers to the practice of sanctioning the «fair customs» in the area of registration and use of the domain names and the rapid development in the last decade of the international legislation and case law including the numerous decisions of the European court for human rights re privacy and etc. which completely overturns the concept of the Internet-law as stuck in the rudimentary standing of the «soft law». Author also substantiates the argument that most of the Internet-law principles are formed in the course of the regulatory and law enforcement activity of the specialized organizations (such as ICANN, ITU and others) and also ensue from the coincidental practice of the states and quasi-state constituencies (such as European Union).

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals “Regardless of their sex” or “biological differences”. An analysis of the European Court of Human Rights’ case law on women in prison

2020 ◽  
Vol 11 (2) ◽  
pp. 1275-1311 ◽  
Author(s):  
Sofia Ciuffoletti
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Incarcerated Women ◽  
Soft Law ◽  
Court Decisions ◽  
Relevant Issue ◽  
European Court ◽  
Women In Prison ◽  
Biological Differences ◽  
Critical Aspects

Abstract In recent years, a growing attention for the specificities of female detention has spurred the adoption of a consolidated corpus of international soft-law tools, as well as reports on the conditions of incarcerated women. This momentum has not been paralleled by court decisions focusing on gender as a key issue in determining potential violations to prisoners’ rights, neither at a domestic nor at an international level. The paper will explore the gap between said legislation and policies and their implementation, particularly focusing on the case law of the European Court of Human Rights. The perspective adopted by this Court in interpreting the gender specificities of women in prison seems to be uncritically grounded in the vulnerability paradigm and the protection of motherhood. We will attempt to decode this normative ideology and to read it in context, and in comparison with the consolidated case law of the Court on the legal notion of vulnerability in prison, as well as with its case law on gender topics and the prohibition of discrimination. The analysis will highlight the most critical aspects of the traditional interpretation of gender equality in prison, as well the need to reconsider gender as a relevant issue in the protection of prisoners’ rights.

Bromley's Family Law

2021 ◽  
Author(s):  
Nigel Lowe ◽  
Gillian Douglas ◽  
Emma Hitchings ◽  
Rachel Taylor
Keyword(s):  
Family Law ◽  
Hague Convention ◽  
Case Law ◽  
Critical Discussion ◽  
Genital Mutilation ◽  
Protection Orders ◽  
European Court ◽  
Key Issues ◽  
The Subject ◽  
Female Genital

Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.

8. Breach of contract

2019 ◽  
pp. 346-396
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Case Law ◽  
Breach Of Contract ◽  
Contractual Obligation ◽  
Anticipatory Breach ◽  
The Subject ◽  
Injured Party ◽  
Legal Consequences ◽  
Selection Of ◽  
A Performance

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. The performance obligations of the parties to a contract are determined by contractual terms. A breach of contract arises when a party fails to fully comply with a performance obligation, without lawful excuse. If a contractual obligation is strict, failure to comply constitutes a breach of contract regardless of fault. Subject to an enforceable exemption clause, the injured party is entitled to damages to compensate for the loss suffered as a result of the breach. This chapter focuses on breach of contract and its legal consequences. It discusses the election on repudiatory breach, termination or affirmation of a contract, the classification of terms: conditions, warranties and innominate or intermediate terms, the ‘entire obligation rule’, and anticipatory breach.

scholarly journals Internet methodology - difficulties and opportunities offered by the Internet in conducting research. Analysis of the phenomenon in the light of the literature on the subject

E-methodology ◽  
2021 ◽  
Vol 7 (7) ◽  
pp. 9-16
Author(s):  
KINGA FRĄCZKOWSKA
Keyword(s):  
Rapid Development ◽  
Psychological Research ◽  
Global Network ◽  
Internet Research ◽  
The Internet ◽  
Interesting Phenomenon ◽  
Spider Web ◽  
Advantages And Disadvantages ◽  
The Subject ◽  
Motivation To Participate

Aim. A theoretical review of the opportunities and functions of the application enabling the creation of internet surveys. Assessment of their use in accordance with own opinion and the analysis of the literature on the subject.Methods. Analysis of the literature on the subject and a summary of the description of the survey conducted on the basis of a questionnaire examining the interesting phenomenon of e-methodology and an opinion on distance learning. The authors analysed the advantages and disadvantages of the tools used in online research. The aforementioned experiences of the researchers refer to the experience gained during research on e-methodology.Results and conclusion. The interest in this medium as a tool for social and psychological research has been growing rapidly in the last ten years. The very rapid development of technology that has taken place during the COVID-19 pandemic allowed us to easilyconduct a research survey using the network, which can easily replace any labour-intensive data collection through inquiry. In addition, many different tools and techniques have been created that use the so-called “Global spider web” in conducting my own research. Theresearcher abandons direct contact with the respondent and devotes himself to the analysis of the phenomenon that interests him by analysing the given Internet environment, social groups that express themselves on a given topic or share their work on specifi c problems. However, the global network is not only a chance for good, innovative approach to research, but also threats and related difficulties. One of the most important weaknesses of the network is the fact that we can never be sure who is on the other end of the computer.Cognitive value. Presentation of new ways of conducting scientific research via the network, presenting my own analysis of the advantages and disadvantages of the e-methodology phenomenon. Analysing the phenomenon of internet methodology, welearn that the tendency to participate in internet research is increasing. However, motivation to participate in internet research is not always sufficient, as mentioned by many researchers. There are many ways to infl uence the attractiveness of the research and the motivation to participate in the research. Thanks to this article, we also learn that it is still necessary to conduct further methodological research on increasing the effectiveness of Internet research and minimising errors associated with it. The issues presented in this article reflect the current methodological knowledge. We can predict that as the Internet grows and new technical opportunities emerge - such as video-enabled applications, among others - new methodological issues will arise that may be of interest to researchers.

scholarly journals Exhaustion of domestic remedies as a condition of lodging a complaint before the European Court of Human Rights

2017 ◽  
Vol 1 (3) ◽  
pp. 168-173
Author(s):  
Tamara Gerasimenko
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Scientific Methods ◽  
European Court ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
Effective Remedy ◽  
The Right

The subject. The article is devoted to the subject of the exhaustion of domestic remediesbefore filing a complaint to the European Court of Human Rights.The purpose. The purpose of this article is to show and reveal the characteristics of suchimportant condition of lodging a complaint before the European Court of Human Rights asthe exhaustion of domestic remedies.The methodology. The following scientific methods have been used to write this article:analysis, comparing and making conclusions.Results, scope of application. The right of individual petition is rightly considered to be thehallmark and the greatest achievement of the European Convention on Human Rights. Individualswho consider that their human rights have been violated have the possibility oflodging a complaint before the European Court of Human Rights. However, there are importantadmissibility requirements set out in the Convention that must be satisfied beforea case be examined. Applicants are expected to have exhausted their domestic remediesand have brought their complaints within a period of six months from the date of the finaldomestic decision. The obligation to exhaust domestic remedies forms part of customaryinternational law, recognized as such in the case – law of the International Court of Justice.The rationale for the exhaustion rule is to give the national authorities, primarily the courts,the opportunity to prevent or put right the alleged violation of the Convention. The domesticlegal order should provide an effective remedy for violations of Convention rights.Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioningof the protection system under the Convention and its basic principle. 

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals The concept of «property» (according to the practice of the European court of human rights)

2021 ◽  
pp. 368-371
Author(s):  
M.V. Dobrev
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Case Law ◽  
Legal Systems ◽  
Council Of Europe ◽  
European Court ◽  
Formal Classification ◽  
Rights And Interests ◽  
Material Things

The article is devoted to the autonomous meaning of the term «property» used by the European Court of Human Rights. Emphasis is placed on the fact that in national legal systems, approaches to defining the concept of proper-ty, property rights have been and remain different. The violation of property as ownership exclusively of material things, excluding other rights and interests (substantive legal interests), the application of a formal classification of objects of law leads to violations of the right of everyone to own, use and dispose of their property by public author-ities and local governments. property. As the judgment of the European Court of Human Rights is a source of law in the member states of the Council of Europe, national law cannot contradict the Convention and the case law of the European Court of Human Rights.It is noted that the European Court of Human Rights, applying the autonomous meaning of the term «proper-ty», which does not depend on the formal classification of property rights in the national legislation of the mem-ber states of the Council of Europe, applies the following approaches to the concept of «property», the concept and content of property rights. that would be compatible with national legal systems. As a result of the analysis of the case law of the European Court of Human Rights, it was established that «property» is: 1) ownership of existing material things; 2) assets, including claims that the entity can claim to have at least a «legitimate ex-pectation» that they will be realized; 3) other rights and interests that constitute assets and can be considered as «property rights». Property that falls within the scope of Art. 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms constitute, inter alia, economic resources to which natural persons have no registered property rights, but which have originally belonged to their ancestors and parents for economic activities, as well as income that individuals receive from the use of these resources.

Medical Negligence, Systemic Deficiency, or Denial of Emergency Healthcare? Reflections on the European Court of Human Rights Grand Chamber Judgment in Lopes de Sousa Fernandes v. Portugal of 19 December 2017 and Previous Case-law

2019 ◽  
Vol 26 (1) ◽  
pp. 26-43
Author(s):  
Julia Kapelańska-Pręgowska
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Medical Negligence ◽  
European Court ◽  
State Obligations ◽  
International Responsibility ◽  
Grand Chamber ◽  
Hard Cases

Abstract On 19 December 2017 the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a judgment in the Lopes de Sousa Fernandes v. Portugal case. The judgment may be described as one of the hard cases dealing with a healthcare context, as it aimed to clarify the scope of positive substantive state obligations under the European Convention on Human Rights and the conditions of international responsibility. This article explores the judgment against the wider background of the previous case-law of the Court. It focuses on the question of the classification of healthcare problems into three categories: medical negligence, systemic deficiency, and denial of emergency healthcare, and reflects upon their ratione materiae justiciability before the European Court of Human Rights.

The Study of Genetic Type Steganographic Models to Increase Noise Immunity of IoT Systems

2021 ◽  
pp. 1414-1429
Author(s):  
Dmitry S. Zaichenko ◽  
Irina S. Sineva
Keyword(s):  
Internet Of Things ◽  
Noise Immunity ◽  
High Efficiency ◽  
Rapid Development ◽  
The Internet ◽  
Systems Security ◽  
Intelligent Devices ◽  
The Subject ◽  
Ict Market ◽  
The Internet Of Things

Research and development in the field of the Internet of Things, or more generally M2M systems security, is the subject of daily discussion in the ICT market. With the rapid development of intelligent devices, the necessity of valuable information protection has generated many new methods and technologies. Stegoimages, along with genetic algorithms (GA), are a relatively new object in the field of information hiding. The assumption that their application can significantly improve the noise-resistant properties of stegofiles is justified by the properties of the GA, but it is a subject for detailed study, since in such an application the GA has not yet been considered. The proposed method is based on genetic coding that hides messages between Internet of Things devices and is capable of detecting both internal and external attacks in the intellectual infrastructure. A sufficiently high efficiency of preliminary GA coding is shown for objects such as hiding graphic information in a graphic stegocontainer.

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