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Abstract Presenters (short papers)

 

To view an abstract presenters profile, click the link indicating the abstract presenters last name.

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Corbett, Susan (New Zealand): Information Retention by New Zealand e-Businesses: A call for changes to privacy law

 

Dyani, Ntombizozuko (South Africa): Does the African Union have a legal duty to intervene in cases of sexual violence during armed conflict in Africa?

 

Erlank, Wian (South Africa): Virtual Worlds: The (un)certainty of death and taxes

 

Fry, James D. (Hong Kong): Up in Smoke: Conflict and Complementarity between Tobacco-Related Rights in International Humanitarian Law and International Human Rights Law

 

Griffin, Ronald (USA): Informational Divide: Cyberspace and the Creation of the New Ignorance

 

Kozhevnikova, Yuliana (Russia): Legal issues of cloud computing: how it is solved in Russia

 

Lee, Eungyong (Korea): Preserving Privacy in the Age of Big Data

 

Mahasneh, Nisreen (Jordan): The Ratification of the United Nation Convention on Contracts for the International Sale of Goods 1980 by Jordan: Legal Perspective and Impact

 

Martin, Bernard (South Africa): A revolution unnoticed: intellectual property reconceptualised in South African law

 

Mik, Eliza (Singapore): Closed for Business: The Rise of Walled Gardens and Closed Transacting Environments in Internet Commerce

 

Moeller, Jochen (Germany): The EA DMS Aletheia-project- Evaluation of existing international standards, norms and methods for data protection to provide orientation for legal /forensic as well as practical aims

 

Ndwandwe, Nonhlanhla F (South Africa): Access To Justice For All: Balancing Cultural Rights Against Human Rights In The Traditional Courts Legislation In South Africa

 

Nuth, Maryke Silalahi (Norway): Integration of Payment System Application into Social Media

 

Olsen, Birgitte Egelund and Sørensen, Karsten Engsig (Denmark): Strengthening the enforcement of CSR recommendation

 

Panara, Carlo (UK): Multilevel Governance in the EU: The Role of State and sub-state communities

 

Sobrinho, Arnaldo (Brazil): Legal Systems In Mutation And Transnational Conflicts Solution In Information Society

 

Vorster, Anje (South Africa): The risk of a trust being regarded as a 'sham'

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Information Retention by New Zealand e-Businesses: A call for changes to privacy law by Susan Corbett, School of Accounting and Commercial Law, Victoria University of Wellington, New Zealand.

 

Susan Corbett (BSc, LLM) is a senior lecturer in commercial law at Victoria University of Wellington, New Zealand. She teaches e-commerce law and marketing law in the Victoria Business School. Her research interests include copyright law and privacy law in the digital environment. Prior to her academic career, she worked as a practising solicitor and a legal editor in London. She has also been admitted as a barrister and solicitor in New Zealand and is an Associate Member of the Arbitrators' and Mediators' Institute of New Zealand.

 

Abstract

New technologies permit online businesses to reduce expenses and increase efficiency by, for example, storing information in "the cloud", engaging in online tracking and targeted advertising, deep packet inspection, location and tracking technologies, and biometrics. However, the potential for technology to facilitate long term retention of customers' personal information raises concerns about the competing right of individuals to the privacy of their personal information. The European Commission has recently released a proposal for regulation to "provide a data subject with the right to be forgotten and to erasure". However, neither the OECD Privacy Guidelines nor the APEC Privacy Framework includes any requirement to delete personal information. Although New Zealand includes a "limited retention principle" in the Privacy Act 1993, the Act is not legally enforceable. This paper examines the issue of retention of customer data, explains why this is a serious problem and argues that it should be addressed by appropriate amendments to the Privacy Act.

 

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Does the African Union have a legal duty to intervene in cases of sexual violence during armed conflict in Africa? by Ntombizozuko Dyani, University of the Witwatersrand, South Africa.

 

 

 

 

 

 

 

Ntombizozuko 'Zozo' Dyani LL.B, LLM (Western Cape). Zozo is a senior lecturer at the School of Law of the University of the Witwatersrand, South Africa. She holds both LL.B and LL.M degrees from the University of the Western Cape in South Africa. She has recently submitted her thesis for SJD in international law entitled 'Sexual violence during armed conflict in Africa and the African Union's right to humanitarian intervention' at the University of Wisconsin-Madison. She was recently a visiting scholar at the Global Legal Studies Center, the University of Wisconsin-Madison Law School for the period of 1 July- 31 December 2011, and was also a recipient of the Carnegie Sandwich Fellowship Grant to work towards finalising her SJD thesis in 2011. She is a former intern (Legal Researcher) in the Chambers Section at the United Nations International Criminal Tribunal for Rwanda (ITCR) and was as a Law Clerk for the former Chief Justice Ngcobo of the Constitutional Court of South Africa. Her research interests are in international law, specifically humanitarian law, human rights law and criminal law and also on the South African Bill of Rights (rights of women and children). She publishes in these areas in both local and international peer reviewed journals. She currently lectures international human rights law, public international law, and constitutional law to both undergraduate and graduate students. She also currently serves in the editorial committee of the South African Journal on Human Rights.

Abstract

Recent empirical evidence which suggests that sexual violence is increasingly becoming a phenomenon of armed conflict in Africa. It seems that there is a causal link between armed conflict and sexual violence: armed conflict results in casualties and many of those casualties tend to include women who have been sexually violated. Evidence shows that women are not just casualties of war but the sexual violence perpetrated against them is part of a policy in order to either destroy or defeat the group to which they belong. Therefore, the occurrence of sexual violence during armed conflict necessitates a reaction from states in accordance with their obligations under international law and regional law. Further, the AU has reserved for itself the right to intervene in a member state whose territory international crimes such as war crimes, genocide and crimes against humanity occur. Sexual violence during armed conflict has been deemed to form part of these international crimes by the international criminal tribunals. In this regard, this research seeks to examine the phenomenon of sexual violence in armed conflict and the AU's right to intervention. The question is: does the AU have a legal duty to intervene in cases of sexual violence during armed conflict? I argue that the AU has such duty and that it may exercise its right to intervention in cases of sexual violence during armed conflict.

 

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Virtual Worlds: The (un)certainty of death and taxes by Wian Erlank, North-West University (Potchefstroom Campus), Potchefstroom, South Africa.

 

 

 

 

Wian Erlank studied law at the University of Stellenbosch where he obtained his LLB degree in 2002. This was followed with an LLM in international trade law in 2004. He has just completed and submitted his LLD dissertation entitled "Property in Virtual Worlds" and his Doctorate is to be conferred in December. During the course of his studies he also obtained a BA Honours in classical literature from Stellenbosch, as well as a Certificate in Legal Practice from the UNISA College of Law (with distinction). He was admitted as an Advocate of the High Court of South Africa in 2008. After lecturing at Stellenbosch University he was appointed as lecturer at North-West University in 2011 where he has taught and currently teaches land reform, research methodology, legal skills and property law. He spent 3 years a a permanent doctoral candidate and researcher at the South African Research Chair in Property Law and there obtained expert knowledge of national, international and comparative property law as well as the constitutional aspects thereof. His areas of expertise include property law, IT law, virtual property law and space law. He has also published in these areas and regularly presents papers at both national and international conferences. Apart from being and advocate and lecturer he is also a member of the Association for Law, Property and Society (ALPS), Young Property Lawyers Forum (YPL), Academics Promoting the Pedagogy of Effective Advocacy in Law (APPEAL) and an associate of the Centre for Constitutional Rights (CFCR).

Abstract

Benjamin Franklin said that nothing in life is certain, except for death and taxes. While this may still be true in the real world, the situation is somewhat different when applied to a virtual world where death is often just another part of the gameplay and impermanent and it remains an open ended question whether virtual world property and earnings can be taxed. To date several governments have expressed their interest in the possibility of taxation of virtual worlds and virtual property. With this in mind, this paper aims to give an overview of the current situation regarding the taxation of virtual property as well as the certain problems created by virtual property that is left in a deceased estate.

 

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Up in Smoke: Conflict and Complementarity between Tobacco-Related Rights in International Humanitarian Law and International Human Rights Law by James D. Fry, University of Hong Kong, Hong Kong.

 

 

James Fry (B.A. BYU, M.I.A. Columbia, J.D. Georgetown, LL.M. Leiden, Ph.D.University of Geneva IHEID) is Assistant Professor of Law, Director of the LLM programme and Deputy Director of the Japan and Korea programme at the University of Hong Kong. Prior to joining HKU in 2008, he was a member of the teaching and research faculty at the Graduate Institute of International and Development Studies, University of Geneva. Dr. Fry previously has worked with the U.S. Department of State's Office of the Legal Adviser, the International Litigation and Arbitration Group of the law firm Skadden, Arps, Slate, Meagher & Flom in New York and the Chief Judge of the New York Court of Appeals, and also has served as a legal consultant and researcher for various international organizations. His research and teaching focuses on international dispute settlement, the law of international organizations, international humanitarian law, international investment law, international human rights law and the law of arms control and disarmament, among other areas.

Abstract

This paper explores the interaction between international human rights law and international humanitarian law. The International Court of Justice declared in its advisory opinion dealing with the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004 I.C.J. 131, 171-81 (July 9)) that international human rights law applies at the same time as international humanitarian law. Moreover, the U.N. Human Rights Council determined in 2007 that the Universal Periodic Review of states is to be done with both human rights and international humanitarian law acting as the standards. See U.N. Human Rts. Council, Intersessional open-ended intergovernmental Working Group to develop the modalities of the universal periodic review mechanism established pursuant to Human Rights Council decision 1/103, Implementation of General Assembly Resolution 60/251 of 15 March 2006 Entitled "Human Rights Council," UN Doc. A/HRC/5/14 (June 6, 2007). Certainly there are many complementary aspects between these two specialized bodies of international law, as reflected in the relatively new subfield of Law in Armed Conflict developed by academics in Geneva to tie international human rights law and international humanitarian law closer together in the context of armed conflict. See Geneva Academy of International Humanitarian Law and Human Rights, Rule of Law in Armed Conflict, at http://www.adh-geneva.ch/RULAC/index.php. However, the question arises as to what happens when international human rights law and international humanitarian law directly conflict, something that most Law-in-Armed-Conflict proponents cannot fathom. An interesting example that has not yet been explored is the conflict between international humanitarian law's right for prisoners of war to tobacco, provided under Article 26 of the Third Geneva Convention of 1949, and the emergent human right to be free from the harmful effects of tobacco. See Carolyn Dresser & Stephen Marks, The Emerging Human Right to Tobacco Control, 28 Hum. Rts. Q. 599 (2006); Robin Appleberry, Breaking the Camel's Back: Bringing Women's Human Rights to Bear on Tobacco Control, 13 Yale J.L. & Feminism 71 (2001); Rangita de Silva de Alwis & Richard Daynard, Reconceptualizing Human Rights to Challenge Tobacco, 17 Mich. St. J. Int'l L. 291 (2008-2009). So far, no one has developed the secondary rules to determine which among the directly conflicting rights is to prevail when neither body of law is seen as the lex specialis. This paper introduces these competing rights, assesses whether they directly conflict, and explores the secondary rules that exist for resolving such conflicts. The paper proposes a host of alternative secondary rules to lex specialis, such as lex posterior derogat legi priori, which favors more recent laws over earlier ones, nulla poena sine lege rule, which prohibits the retrospective application of law, and the most-favorable principle, which favors a rule that better protects the individual. Regardless of the outcome, all of these secondary rules suggest that international law contains the tools needed for reconciling differences between these bodies of law, thus emphasizing how different branches of international law can simultaneously conflict with and complement each other.

 

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Informational Divide: Cyberspace and the Creation of the New Ignorance by Ronald Griffin, Washburn University, USA.

 

Ronald Charles Griffin (B.S., Hampton Institute, 1965; J.D., Howard University, 1968;LL.M., University of Virginia, 1974) is a professor of law at the Washburn University School of Law, USA.

 

 

 

 

 

Abstract

Computers are dummying us down. Book learning has given way to computer speak. A dark age is on the horizon. When the electricity is turned off folk won't know what to do with themselves. Modern day technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have (I argue) abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of formal education (enough to make somebody lethal), a sprinkle of bigotry, and fear produces people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that is unhealthy for us; and fixing what's broken in information dispensaries (e.g., broadcasting, film and blogs) so future information users won't have to bother this stuff. The work showcases alternative realities, a broader view about life, and the life of the mind. There is a philosophical rant, a period piece (childhood), world views (people brooding about their surroundings), shortcomings in broadcasting, film, and other media, and what can be done about them.

 

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Legal issues of cloud computing: how it is solved in Russia by Kozhevnikova Yuliana, Institute of Legal Regulation of National Research University, Russia.

 

 

 

 

Kozhevnikova Yuliana holds a position of a research officer at Institute of Legal Regulation of National Research University – Higher School of Economics (http://www.hse.ru/en/; http://www.hse.ru/org/persons/39054681) .She  is a postgraduate student at the Unesco Chair on copyright and other intellectual property rights as well. She represents interests in litigation, which in particular require application of private international law and IP Law. Her scientific interests are related to IP law, IT law and Private International law and analyzing the legal regulation issues of information technology, their use on the Internet and the problem of defining national jurisdiction. She constantly takes part in various scientific projects. One of the last projects was analyzing the main principles and tendencies of  legal regulations in the IT area, in particular, clouds computing (including SaaS, PaaS, IaaS models) in the US, Japan, EU: personal data, privacy, intellectual property, identity, interoperability, specifying applicable conventional models, liability of the parties under the contracts and identifying national jurisdiction.

Abstract

Nowadays the amount of cloud services is growing rapidly all around the world, including in Russia. For example, there were seven powerful data centers organized in Russia in July 2012, providing with several cloud services on their basis, the Concept of a unified information system of the industry and healthcare modernization programs for 2011-2012 was passed, this Concept is built on cloud models and other patterns. Generally Russian legislation, as well as foreign, has not got yet any special legal regulation of cloud computing, therefore we apply general guidelines and current legislation (either directly or by analogy of the law) for providing services using cloud computing for the subjects of this relationship. That does not always provide adequate solutions in relations between a cloud provider and a user. The specific nature of relationship status of the subjects in the field of cloud computing is causing significant features in a distribution of responsibility for the violation of the integrity of information, for the information system security which requires consolidation and compliance. The presentation shows the overview of potential models of removing identified blind spots and disadvantages in legislation, which are currently applied in the regulation of relations between subjects of cloud services, along with comparative adaptive analysis of regulatory trends in the U.S. and the EU (in this case, most attention will be paid to the delineation of the legal status involved subjects).

 

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Preserving Privacy in the Age of Big Data by Eungyong Lee Korea Information Security Agency, Seoul, Korea.

 

Eungyong Lee is a research fellow at Korea Information & Security Agency. His main interests are: Big Data, Social Network Service, and Security and Privacy

 

 

 

 

 

 

 

Abstract

We are living in the age of big data. The increasing number of people, smart devices and sensors are connected by networks and they are creating enormous amount of data. Big data have enormous potential to create significant value and opportunities for improving our economic system, and driving innovation. At the same time big data raises privacy concerns which might hinder data economy and innovation. Until now a comprehensive methodology for preserving privacy in using big data has not been suggested. This paper offers privacy concerns in the age of big data and suggests privacy-preserving methods for big data system: Privacy by Design, use of de-identification, privacy impact assessment and legal privacy framework.

 

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A revolution unnoticed: intellectual property reconceptualised in South African law by Prof. Bernard Martin, University of Western Cape, South Africa.

 

 

Bernard Martin is an Associate Professor & Head of the department of Private Law, and Deputy Dean of the Faculty of Law, University of the Western Cape, Cape Town, South Africa. He teaches Intellectual Property Law and the Conflict of Laws. He has also published on Criminal Law & the Law of Evidence and taught Contract Law. His special interest area is the impact of the territoriality principle on Intellectual Property Law.

 

Abstract

The Supreme Court of Appeal did a complete turnaround in Gallo Ltd v Sting [2010] ZASCA 96, holding that intellectual property is not a movable but an immovable. This paper argues that the implications of the decision are that: a particular jurisdiction's law creates its registered trademarks; each trademark only exists in the jurisdiction in which it is created; and identical trademarks can coexist in different jurisdictions. Does the existence of separate trademarks mean the end of international exhaustion? Do parallel imports not infringe since there are separate import and export trademark rights? The paper concludes that the answer to both questions is yes, and that trademark legislation authorising parallel importation, even if redrafted to recognise the existence of separate trademarks, in South African law is an unconstitutional discrimination against persons who own both local and foreign trademarks.

 

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The Ratification of the United Nation Convention on Contracts for the International Sale of Goods 1980 by Jordan: Legal Perspective and Impact by Nisreen Mahasneh, Faculty of Law – Private Law Department, Yarmouk University, Jordan.

 

Dr. Nisreen Salameh Mahasneh ( Ph.D. in Law. Law School. Aberdeen University. UK; Master in Civil Law. Law School. University of Jordan. Amman. Jordan) is a Full Professor in Private Law. Faculty of Law. Yarmouk University. Irbid. Jordan.

 

 

 

 

 

Abstract

Jordan is not yet a member state at the CISG, it is submitted that ratifying the Vienna Convention by Jordan will not affect the importance of the national law (the Jordanian Civil Code), for a reason that the sphere of application for each is different. Besides, applying one law to international sale is much easier than applying the rules of private international law. It should be admitted that the Convention contains various rules different from those known under the JCC. However, it remains true that there is a common area where rules are close to each other. The JCC does not recognize doctrines like fundamental breach, anticipatory breach, mitigation, besides the effect of force majeure is different under the JCC. Despite this fact, the rules of formation and obligations of contract are similar under both.

 

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Closed for Business: The Rise of Walled Gardens and Closed Transacting Environments in Internet Commerce by Eliza Mik, Assistant Professor, Singapore Management University, Singapore.

 

 

After leaving the Warsaw Offices of Allen & Overy in 1998, Eliza has worked in-house in a number of software companies, Internet start-ups and telecommunication providers in Poland, Malaysia and Australia, mainly advising on e-commerce and software licensing. Throughout her professional career Eliza maintained a keen interest in all developments (both legal and technical) pertaining to the Internet and its use as an enabler of commerce. Those interests resulted in the 2007 thesis "Contract Formation in Open Electronic Networks," written and submitted at the University of Sydney, Australia. She has spent the two years advising a newly formed telecommunication company in the United Arab Emirates. Her work consisted in drafting and negotiating agreements for the design, acquisition and operation of ICT infrastructure, as well as advising on the legal aspects of PKI, VoIP, data protection and provider liability. She is currently employed as an Assistant Professor at the Singapore Management University, teaching contract law. The focus of Eliza's research remains e-commerce as well as novel software licensing models and open source software.

Abstract

The spontaneous development of commerce on the Internet is over. Open platforms encourage innovation but do not meet the needs of commerce. The quality of service and security advantages of walled gardens and restricted-access models outweigh the "generative" advantages of open environments. Ease of use and security trumps freedom and innovation. Websites become web-silos. The trend to close the Internet-based transacting environment has two manifestations. On a technical level, the world-wide-web is gradually complemented by web applications (i.e. secure and controlled browsing environments) and subscription-based models. On a legal level, terms of use increasingly govern even the simplest commercial interaction – placing virtual fences "around" the business-consumer relationship and creating quasi-proprietary rights by contract. The paper places Zittrain's theory of tethered appliances and Lessig's "code-is-law" approach alongside the move from the "global stranger-to-stranger model" to closed platforms in Internet commerce. After introducing the predecessor of e-commerce, Electronic Data Interchange, it outlines the advantages and disadvantages of closed transacting environments. In particular, it discusses their security and privacy implications. It divides the legal terms and conditions, which accompany virtually every browsing experience, into those which describe and/or create the contractual subject matter and those that prescribe behavioral and communication rules. It subsequently compares the latter to interchange and network agreements in early EDI transactions. The paper concludes with the observation that while the Internet, and the web in particular, may remain an important tool for personal expression and creativity, most commercial activities require a more robust and controllable communication platform. The trend to close the transacting environment by technological and legal means is inevitable.

 

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The EA DMS Aletheia-project- Evaluation of existing international standards, norms and methods for data protection to provide orientation for legal /forensic as well as practical aims by Jochen Moeller, Vice President of the European Association for Data Media Security.

Jochen Moeller graduated in Engineering (Dipl. Ing.) in 1985 from the University of Applied Science Moenchengladbach, Germany.Until 1999 he worked in the International Machine Building and Plant engineering industry and regularly delivered lectures on the latest research and development subjects in these industries. Since 1999 Jochen Moeller has been working in the field of high security equipment and thus in close cooperation with different governmental organisations.In 2008 he was one of the Charter members of the EA DMS and now holds the office of Vice-President in this organisation, being responsible for all development and auditing.In this role he has been active as adviser to police, government departments and research institutes in different European countries.

Abstract

In the fields of data protection, and therefore also contacting E-forensics, cloud computing, mobile technology, risk management and cyber crime, many national / international standards, norms and methods exist. Most are not accurate, some have contradictions or only masquerade as data security.For users in legal cases, government, companies, or as private persons, it is very difficult to decide when to follow which standard for the given purpose.Much at least misleading information makes the situation even less transparent.EA DMS, an association of data security specialists, working for the public benefit, without commercial interests, has launched a project to establish a rating of standards, norms and methods related to the user's particular purpose. This rating will permit users to find easy orientation in data protection cases published by an independent and reliable source. This presentation explains the project and welcomes the opportunity to discuss with IAITL members.

 

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Access To Justice For All: Balancing Cultural Rights Against Human Rights In The Traditional Courts Legislation In South Africa by Nonhlanhla F Ndwandwe, University of South Africa, South Africa.

 

Ms Nonhlanhla F Ndwandwe (LLM) is a senior lecturer in the department of Public, Constitutional and International law at the university of South Africa (UNISA). She teaches African Customary law to undergraduate students and does research in the same subject.

 

 

 

Abstract

For the majority of people living in Traditional communities in South Africa, local customary law adjudicatory institutions provide them the most accessible justice system. In most cases these local dispute settlement systems range from the family councils to the formal chief's courts. With the Constitutional recognition of customary law and its institutions, Traditional leadership's role in the administration of justice cannot be ignored. Recently, in an attempt to facilitate legislative regulation of traditional leadership's role in justice administration, Government has twice introduced the Traditional Court's Bill to the Parliamentary process. On both occasions strong objections to the Bill has been raised by civil society. The major flaw to the Bill that has been raised is its inconsistency with the Constitutional protections given to rural people under the Constitution. This article seeks to review the provisions of the Traditional Court's Bill in relation to the provisions in the Constitution. The article starts with a discussion of the constitutional recognition to customary law and traditional adjudicatory institutions. It will then analyze the provisions of the Traditional Court's Bill against the Constitutional protections that form the basis of the major criticism against it. This is explored whilst in full realization of the established challenges faced by most African countries of balancing cultural rights against fundamental human rights provided for in their constitutions. Indeed the attempt to recognize customary law in most constitutions has been labeled by some as one of trying to reconcile the seemingly irreconcilable as customary law is found in most cases to be unable to adjust to the demands of international human rights. Furthermore, it will be explored how traditional leadership institutions in their role of administration of justice may be enhanced by taking into account the notion of 'living customary law' of the people whilst legislative regulation of the traditional courts is formulated.

 

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Integration of Payment System Application into Social Media by Maryke Silalahi Nuth, Norwegian Research Center for Computers and Law, Institute of Private Law, Faculty of Law, University of Oslo, Norway.

 

Maryke Silalahi Nuth is a post doctoral student at the Norwegian Research Center for Computers and Law.

 

 

 

 

 

Abstract

Social networks are usually valued for their ability to leverage large personal information under the user's control and for the flexibility it provides in that user can display their own social profile information and social profile information of their 'friends' or members of their network on any webpage. The digitization of information facilitates collection, storing and sharing of large amounts of data between users. More often than not this type of flexible multimodal user interface will compromise existing privacy, security and legal frameworks. This paper highlights some of security and privacy issues when implementing a payment system application (which is usually developed as a close system application to ensure payment transaction security) into identity management system embedded in a social media with multimodal users interface.

 

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Strengthening the enforcement of CSR recommendation by Birgitte Egelund Olsen and Karsten Engsig Sørensen, Aarhus University, Denmark.

 

 

Birgitte Egelund Olsen, Professor, Director of Study Department of Law, Aarhus University

 

 

 

 

KARSTEN ENGSIG SØRENSEN is professor at the Department of Law, Aarhus University, Denmark. He holds a Danish law degree, a PhD (on EU company law), and a Danish dr. jur. (on joint ventures). He also has an LL.M from the University of Exeter. His research is mainly focused on EU law and company law, and in these areas he has published several books and articles in both Danish and English. He is a one of the two editors of the SSRN e-journal Nordic and European Company Law.

Abstract

The OECD Guidelines on Multinational Enterprises foresees that National Contact Points (NCP) should add to the enforcement of the guidelines by handling cases concerning specific instances. The article aim at examining to what extend this activity may strengthen the enforcement of the OECD Guidelines and in time may change the voluntary nature of the Guidelines. This is done by examining how the handling of cases is regulated in different OECD countries; using Denmark and the newly adopted Act on the conciliation and complaints board on CSR as the main case and Norway and United Kingdom as further cases. It will be examined to what extent the cases are in fact voluntary for the enterprises concerned and especially how the rules on transparency may influence the proceedings and the impact of the Guidelines. Furthermore it will be examined to what extent the rules found in the OECD Guidelines may be used as an alternative remedy supplementing or substituting other hard law or soft law instrument on the same issues.

 

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Antidumping Measures in India: Protection for Competition by Carlo Panara, Liverpool John Moores University, UK.

 

 

Carlo Panara (Sr. Lecturer EU/Public Law, Liverpool John Moores University, UK)

 

 

 

 

 

 

 

Abstract

Multilevel Governance in the EU: The Role of State and sub-state communities The EU is a supranational organisation in which a number of tiers of government coexist and interact; the Union (supranational), the Member States (national), the sub-state communities (sub-national). Given that the EU performs 'government action', the question arises of the form of government of the Union. At state level, the concept of 'form of government' embodies a set of constitutional principles and rules on two aspects: A) the role of the constitutional organs of the state (parliamentary democracy, semi-presidential republic, etc.), B) the role of the different tiers of government within the state (federal state, regional state, devolution, etc.). The present paper will argue that multilevel governance is a legal concept containing the constitutional principles on the form of government of the EU in relation to the role and powers of the different tiers of government within the EU.

 

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Legal Systems In Mutation And Transnational Conflicts Solution In Information Society by Arnaldo Sobrinho de Morais Neto, Brazil.

 

 

 

 

 

 

 

 

 

 

ARNALDO SOBRINHO DE MORAIS NETO, is Lieutenant Colonel of the Brazilian Military Police. Master of Law by Federal University of Paraiba. Professor of the IESP College in Joao Pessoa, where teaches Criminal Law and IT Law. Researcher associated and executive Coordinator for Brazil of the International Association of Cybercrime Prevention (France). Researcher associated of the International Law Association - ILA (Brazilian branch). Is currently Executive Director of the Penitentiary System of Paraíba, also Penitentiary Council State - member. He served as Coordinator of Planning and Strategic Projects of the General Staff of the Corporation until March 2011.Human Rights International Instructor by Red Cross International. Professor of the Graduate Program in Public Safety and Human Rights UFPB (2008), Latu Sensu Graduate in Management of Public Security (2009-20012). Graduate and post-graduate in Management of Public Securityand post-graduate Criminal Law and Criminology. Active in research on cybercrime in Brazil, where he served in the fight organized crime gangs. He is currently a Lecturer in trainning with Judges and Public Prosecutor. The most important academic papers: Practice police and cybercrime; Penitentiary System of Paraíba: Diagnosis; Impacts of cybercrime in economic development and criminal protection of the State; Cybercrime and international criminal cooperation: a study based on the Budapest Convention (dissertation master); 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). LSPI 2009 (Republic of Malta), ILA-BRAZIL 2010 (João Pessoa/Brazil), II CICCRIM 2011 (Porto Alegre/Brazil), Jurix 2011 (Vienna/Austria) and CyberSpace Camp ITechLaw 2012 (Campina Grande/Brazil).

Abstract

Technological development has revolutionized many human activities, turning the world into a global society, an information society. In this new context, the new information and communication technologies are seen as indispensable support in all areas of human knowledge. Following this new pattern, a new legal dimension has emerged which challenges the State, its essential elements and its geographical boundaries. The public law concepts of sovereignty and jurisdiction along with the criminal law concepts of enforcement and jurisdiction have experienced remarkable changes due to the changing idea of time and space as to when and where a crime is committed. Considering the transnational character due to the globalization of the juridical process, some modifications have been made in the approach to the term sovereignty. Even though its concept and characteristics may involve many interpretations of doctrinal order, without consensus, the result of these interpretations, in many cases, come to delimit the debate which is set in a globalized juridical perspective.

 

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The risk of a trust being regarded as a 'sham' by Anje Vorster, Faculty of Law, North-West University, South Africa.

 

Anje Vorster isa lecturer at the Faculty of Law of the North-West University, South Africa. Her primary responsibilities involve lecturing and her main areas of interest include Administration of Deceased Estates, Trusts and Entrepreneurial Law.

Anje Vorster also co-manage our Master's research program in Estates and Financial planning. Anje Vorster obtained her B.Comm, LL.B and LL.M degrees from the North-West University in South Africa. My primary area of research is focused on Trust Law and Estate Planning. Prior to joining the North-West University in 2007, she practiced as an accountant and legal advisor for 10 years. Apart from her lecturing responsibilities, she is also offering courses for the Law Society of South Africa for candidate attorney.

Abstract

During the past decade, the use of the trust instrument forms an integral part of most estate planning structures. However, this flexible figure has recently given rise to an increase in the number of cases where the trust has come under scrutiny. This paper will discuss the problem that thousands of trusts in South Africa remain at risk of being set aside by the courts as a 'sham'. It leaves for further exploration two important aspects: (i) the certainty of intention of the founder and (ii) the importance of proper trust administration to ensure that the trust is not void. Finally the paper will discuss (having regard to recent case studies) the disastrous consequences that leads to the argument that the South African law needs decisive answers on the issue that an ostensibly duly-formed legal entity be non-existent in the eyes of the law. It concludes that an established estate planning tool (the trust), are consequently in need of effective guidelines to avoid the risk of being regarded as a 'sham'.

 

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