Paul Przemyslaw Polanski obtained his PhD from the Faculty of Law and the Faculty of Science of the University of Melbourne, Australia. He also holds a degree in Law from the University of Adam Mickiewicz in Poland and an IT degree from the Monash University in Australia. He also holds teaching posts in the Department of European Law at the University of Warsaw and in the Department of Information Technology at Leon Kozminski Academy of Entrepreneurship and Management in Warsaw, Poland.

Abstract

In the latest Opinion of Advocate General Poiares Maduro acknowledged the legality of “Sponsored links” feature offered by Google. If this conclusion is accepted by the ECJ then search engines such as Google, Yahoo or MSN will not have change their current keyword selection practices. This does not mean, though, that location tool providers will be definitely exempted from liability for trademark infringement. The Advocate General made it clear that search engines will not be able to rely on the limitation of liability for hosting services in the directive on electronic commerce. The present contribution will analyze the consequences of this interpretation for information society service providers in the European Union.

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Oliver Radolovic (Mr.sc. Assistant Proffesor of Tourism Law and Commercial Law at the University of Pula, Croatia, Department of Economics and Tourism; graduate lawyer and Maritime engineer) is an Associate Professor at the University of Rijeka, Department of Agriculture and the permanent conciliator at the Croatian Chamber of Economy in Zagreb. Before the University work, he was a Head of Legal Affairs of the greatest Croatian tourist company (Riviera Holding Spa). He graduated Master Science (magisterium) in European commercial law on the Faculty of Law at the University of Rijeka, where he is finishing PhD studies in the tourism law.

Abstract

European Convention on the Liability of Hotel-Keepers Concerning the Property of their Guests (1962) is the only uniformed source regarding the hotel-keeper’s liability for guest’s property. The purpose of the paper is to demonstrate the conventional solutions and analyze their impact on comparative European and Anglo-American laws, on international law and the law of the European Union. Methodology of the paper is conceptualized through three degrees of the hotel-keeper’s liability for damage, loss or destruction of guest’s property: unlimited, limited, and excluded.
The results of the paper are answers to given theoretical (non-proprietary damage, the differences between the two great legal circles, limit of the liability, the concept of force majeure) and practical problems (proving and insuring the damage, non-harmonized law in the European Union, the application of the Convention), that the Convention imposes. Convention is an excellent foundation for creation of an international convention that would reconcile the differences between Euro-continental and Anglo-American law, regarding the hotel-keeper’s liability for guest’s property.

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Saurombe Amos (LLB, LLM. Advocate of the High Court of South Africa) is Senior Lecturer in the Mercantile Law department, College of Law, University of South Africa (UNISA). Guest Lecturer- University of Pretoria’s LLM programme on International Trade and Investment Law in Africa. His area of interest lies in international trade/economic law, as well as E-commerce law. Currently he is busy doing a doctorate degree on the  topic SADC legal framework for regional integration.

Abstract

The economic and political strength of South Africa in Southern Africa is undeniable. South Africa is the strongest economy not just in Southern Africa but on the whole continent of Africa. Regional and global interests lie at the heart of South African foreign policy resulting in the need to create compromises that may disadvantage the SADC block. South Africa is the current chair of SADC and its leadership role is critical. The country is also the gateway to foreign direct investment from the developing world. This paper seeks to discuss the critical position which South Africa finds itself in. The challenge to provide leadership at regional and global level has also been compounded by the domestic outcry for a need to deal with issues at home. South Africa holds the key for the success of SADC both at economic and political levels.  However SADC’s dependence on South Africa may turn out to be a stumbling block since there is divided attention. This has been shown by South Africa’s ‘go it alone’ approach when it comes to negotiating trade agreements, e.g. with the EU as well as its unwillingness to compromise on the Economic Partnership Agreements (EPAs) that the other SADC Members States are signing. What is obvious is that SADC needs South Africa but at the same time South Africa is at liberty to choose when to drive the SADC agenda. This problem has to be delicately addressed if SADC is seriously seeking success on the regional integration front.

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Priscilla is a Lecturer in Law at University of Leicester, United Kingdom. She lectures on undergraduate and post graduate programmes and supervises Doctoral and other research candidates. She is a graduate of King's College London and Queen Mary, both of University of London with an LLM and PhD, respectively; and of Fourah Bay College University of Sierra Leone, with BA and LLB (Hons). Priscilla is an expert in Public International Law with a good record of publications in journals and scholarly volumes, including a book. She is also a Barrister and Solicitor of the High Court of Sierra Leone and has been on several international negotiations, including World Bank Missions and drafting of the Statute and Agreement of the UN Special Court for Sierra Leone.She has strong research interest in critical investigations into the formulation, implementation and effectiveness of international law and policy in fields of development, environment and world trade issues, especially how these affect developing countries.

Abstract

Abstract Public-private partnership (PPP) once christened to improve on quality and economic efficiency of public services in developed countries, is now widely promoted as a development tool that could ensure basic social services in LDCs. This paper analyses the doctrine of PPP and the application of various models to LDCs health delivery systems.  It examines different types of PPP arrangements including in international trade, other economic arrangements, development PPPs and domestic health initiatives. Examples are drawn from LDC countries especially Sierra Leone, to illustrate the practice of respective health PPPs and regulatory challenges inherent in complex PPP mix. A crucial issue is the appropriateness of marketing ‘Public-Private for profit partnerships’ as a development mechanism for health delivery in poor countries. The paper recommends a more pro-active role for LDC governments in the design, implementation and surveillance of health PPPs as essential in achieving health development goals.

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ARNALDO SOBRINHO DE MORAIS NETO, is Lieutenant Colonel of Brazilian Military Police of the State of Paraiba. Master of Law by Federal University of Paraiba. Professor of the Colleges ASPER and FESP in Joao Pessoa, where teaches Criminal Law. Expert associated at International Association Cybercrime Prevention (France). Graduate and post-graduate in Management of Public Security by Academy of Military Police of Cabo Branco - Brazil and post-graduate Criminal Law and Criminology at the University Potiguar. Human Rights Instructor World by Red Cross International. Active in research on cybercrime in the state of Paraiba, Brazil, where he served in the fight  gangs of organized crime that acted with cloning of credit cards. Academic works submitted more relevant: Practice police in crimes of internet (2003); Penitentiary System of Paraíba: Diagnosis of the Institute of Criminal Des. Silvio Porto Under the Focus of Ressocialization (2005); Impacts of cybercrime in economic development and criminal protection of the State (2008) Cybercrime and protection international and others papers. International speaker in next Conferences: SPCI 2008 (Cairo, Egypt); Cyberspace 2008 (Brno, Czech Republic) and ISCCRIM 2009 (João Pessoa, Brazil).

Abstract

Technological development has transformed the world in a global society in the Information Age - which provides not only opportunities but also risks. Illegal conduct began to be practiced in this new environment challenging the state, because cyberspace has changed the geographical boundaries of application of legal instruments due to the cybercrime action. These behaviors reveal a new threat as traditional concepts (jurisdiction, competence and sovereignty) must be interpreted in a new light - from relationships and transnational crime. The Brazil, especially in this new context, sometimes is an example for the international community in the State's actions to combat these crimes, but also, others times is a major place for criminals actions in cyberspace, as shows the statistics. There is therefore need further study of this subject, mainly from the perspective of an ideal of international cooperation in criminal matters, supported by the Budapest Convention or other legal instrument of multilateral character that might be proposed as an indicator of opportunity for all countries join the mission to fight cybercrime.

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Sophie Stalla-Bourdillon graduated from Panthéon-Assas University (Paris II) in 2001. She holds a Master degree in English and North-American Business Law from Panthéon-Sorbonne University (Paris I) and a LLM degree from Cornell law School, NY, USA. She qualified as a lawyer, at the New-York bar in 2003. She taught contracts and securities at Panthéon-Sorbonne University from 2003 to 2005. Since September 2005 she is carrying out a Ph.D at the Law Department of the European University Institute on Internet Service Providers’ liability and regulation.

Abstract

Self regulation has found its adepts very early, but more academics are beginning to questions its appropriateness and calling for a ““hybrid regulation” as cyberspace becomes more and more an essential means of communication in everyday life.Yet, today the private sector has never been so strong within cyberspace and the chances to see the flowering of what U.S. lawyers know as public forums keep on diminishing. The success of filtering measures of which implementation is most of the time opaque confirms this trend. More generally, the wishes to see private powers confined in the digital environment are far from being granted. This is certainly due in part to the relative obsolescence of legal concepts that are inapt to frame the behavior of intermediaries, which do play the role of regulators. This paper thus seeks to determine and analyse the legal framework within which intermediaries act in cyberspace.

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