Pub Date : 2019-01-01DOI: 10.15290/eejtr.2019.03.02.04
K. Mróz
In the Polish penitentiary reality, people with disabilities still face problems with organising prison sentences in prisons. The need to ensure a proper and coherent system, taking into account the needs of people with various dysfunctions, is a challenge for states and societies. The detention of people with disabilities is a contribution to the discussion on effective methods and effective instruments of social policy implemented by the state, enabling the process of social rehabilitation and reintegration. This paper contains a refl ection on the relationship between the European Prison Rules and the Polish law regulating the execution of imprisonment and penitentiary practice.
{"title":"The Standards of Imprisonment in Penitentiary Isolation for People with Disabilities","authors":"K. Mróz","doi":"10.15290/eejtr.2019.03.02.04","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.02.04","url":null,"abstract":"In the Polish penitentiary reality, people with disabilities still face problems with organising prison sentences in prisons. The need to ensure a proper and coherent system, taking into account the needs of people with various dysfunctions, is a challenge for states and societies. The detention of people with disabilities is a contribution to the discussion on effective methods and effective instruments of social policy implemented by the state, enabling the process of social rehabilitation and reintegration. This paper contains a refl ection on the relationship between the European Prison Rules and the Polish law regulating the execution of imprisonment and penitentiary practice.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.15290/eejtr.2019.03.01.02
M. Mielniczuk
The iconic red sole of the high-heeled shoes designed by legendary French shoemaker Christian Louboutin is considered not only as a beautiful decorative element of the shoe but also a Louboutin signature. To protect his brilliant idea of lacquering a shoe outsole with the Chinese Red colouring the designer had pursued a trade mark protection for his red sole in many countries which resulted in many court battles with his competitors and trade mark invalidation attempts around the world. The aim of this article is to present and compare results of such battles in the US and before the CJEU with particular emphasis on considerations of applying the doctrine of aesthetic functionality to the red sole mark in both legal systems. The author has conducted her research using mostly the dogmatic method and the comparative method.
{"title":"The Devil Wears Solely Louboutin. The Red Sole as a Trade Mark in Light of the Rulings of CJEU and the US Court of Appeals for the Second Circuit","authors":"M. Mielniczuk","doi":"10.15290/eejtr.2019.03.01.02","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.01.02","url":null,"abstract":"The iconic red sole of the high-heeled shoes designed by legendary French shoemaker Christian Louboutin is considered not only as a beautiful decorative element of the shoe but also a Louboutin signature. To protect his brilliant idea of lacquering a shoe outsole with the Chinese Red colouring the designer had pursued a trade mark protection for his red sole in many countries which resulted in many court battles with his competitors and trade mark invalidation attempts around the world. The aim of this article is to present and compare results of such battles in the US and before the CJEU with particular emphasis on considerations of applying the doctrine of aesthetic functionality to the red sole mark in both legal systems. The author has conducted her research using mostly the dogmatic method and the comparative method.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.15290/eejtr.2019.03.02.05
Milda Žaliauskaitė
People with chronic mental illnesses (e.g. bipolar disorder, schizophrenia, dementia, etc.) fi nd it hard to maintain normal and independent everyday life. Due to these illnesses, people usually lose competence to make autonomous decisions about their treatment. However, in some cases those people are still competent to make reasonable decisions before the times of relapse or at the early stage of disease. As a possible solution, some jurisdictions offer instruments to express a patient’s will in advance (e. g. advance directives), where mentally ill patients may state their treatment and care preferences for the future time of incompetency. Although there is a lot of criticism presented by the scholars, legal instruments based on advance will may undoubtedly contribute to ensuring mentally disabled patients’ fundamental rights and quality of life. Therefore, this article will include an introduction of advance directives, the advantages this tool represents and discuss main regulation challenges.
{"title":"Advance Will: Ensuring the Right to Autonomy for People with Mental Disabilities","authors":"Milda Žaliauskaitė","doi":"10.15290/eejtr.2019.03.02.05","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.02.05","url":null,"abstract":"People with chronic mental illnesses (e.g. bipolar disorder, schizophrenia, dementia, etc.) fi nd it hard to maintain normal and independent everyday life. Due to these illnesses, people usually lose competence to make autonomous decisions about their treatment. However, in some cases those people are still competent to make reasonable decisions before the times of relapse or at the early stage of disease. As a possible solution, some jurisdictions offer instruments to express a patient’s will in advance (e. g. advance directives), where mentally ill patients may state their treatment and care preferences for the future time of incompetency. Although there is a lot of criticism presented by the scholars, legal instruments based on advance will may undoubtedly contribute to ensuring mentally disabled patients’ fundamental rights and quality of life. Therefore, this article will include an introduction of advance directives, the advantages this tool represents and discuss main regulation challenges.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.15290/eejtr.2019.03.02.03
Magdalena Kun-Buczko
During armed confl ict, people with disabilities are victims of a vicious cycle of violence, social polarization, deteriorating services and deepening poverty. They are among the most marginalized and excluded part of the population affected by the armed confl ict. They are at greater risk in situations of confl ict, most likely to be left behind when populations fl ee and also at greater risk of violence and discrimination. The international normative framework related to people with disabilities in armed confl icts is mainly based on human rights law and international humanitarian law. The Convention on the Rights of Persons with Disabilities moves the meaning of disability from regarding persons with disabilities as objects of medical care and charity to recognizing them as subjects with rights. There is still a long way to go in effectively protecting disabled people during armed confl icts. It seems that legal norms in this respect are suffi ciently precise. But as often happens, the executive fails. The international community has a highly developed sense of solidarity and empathy for those in need. However, we are constantly observing many imperfections and shortcomings in the procedures and mechanisms of humanitarian aid operations.
{"title":"People with Disabilities in Armed Conflict","authors":"Magdalena Kun-Buczko","doi":"10.15290/eejtr.2019.03.02.03","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.02.03","url":null,"abstract":"During armed confl ict, people with disabilities are victims of a vicious cycle of violence, social polarization, deteriorating services and deepening poverty. They are among the most marginalized and excluded part of the population affected by the armed confl ict. They are at greater risk in situations of confl ict, most likely to be left behind when populations fl ee and also at greater risk of violence and discrimination. The international normative framework related to people with disabilities in armed confl icts is mainly based on human rights law and international humanitarian law. The Convention on the Rights of Persons with Disabilities moves the meaning of disability from regarding persons with disabilities as objects of medical care and charity to recognizing them as subjects with rights. There is still a long way to go in effectively protecting disabled people during armed confl icts. It seems that legal norms in this respect are suffi ciently precise. But as often happens, the executive fails. The international community has a highly developed sense of solidarity and empathy for those in need. However, we are constantly observing many imperfections and shortcomings in the procedures and mechanisms of humanitarian aid operations.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66904933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.15290/eejtr.2019.03.01.06
Magdalena Kropiwnicka
It is signifi cant that two forms of protection exist because some sectors of industry produce a large number of designs for products which are on the market for a very short time. Protection without registration formalities and fees is an advantage. However, there are sectors of industry which value the advantages of registration. These sectors value the possibility of longer term protection more than the shorter term protection provided by an unregistered Community design. One of the important benefi ts is that unregistered Community design protection does not require any documents, but the owners have to prove the exclusive right belongs to them. Another signifi cant advantage is that an unregistered Community design can be changed to a registered design during the twelvemonth grace period from the disclosure.
{"title":"The Protection of Unregistered Designs in EU Law","authors":"Magdalena Kropiwnicka","doi":"10.15290/eejtr.2019.03.01.06","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.01.06","url":null,"abstract":"It is signifi cant that two forms of protection exist because some sectors of industry produce a large number of designs for products which are on the market for a very short time. Protection without registration formalities and fees is an advantage. However, there are sectors of industry which value the advantages of registration. These sectors value the possibility of longer term protection more than the shorter term protection provided by an unregistered Community design. One of the important benefi ts is that unregistered Community design protection does not require any documents, but the owners have to prove the exclusive right belongs to them. Another signifi cant advantage is that an unregistered Community design can be changed to a registered design during the twelvemonth grace period from the disclosure.","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.15290/eejtr.2019.03.02.01
M. Harris, James W. Hynes
This qualitative study examined the attitudes, preferences, and barriers to participation experienced by African American students attempting to participate in study abroad programs. A literature review indicates that African American students are grossly underrepresented in global education opportunities when compared with their overall enrollment numbers. Study abroad has been named as a valuable (both personally and academically) enriching experience granting competitive edges in postgraduate and professional endeavors in a globalized world. Twenty participants from purposively selected universities across the United States participated in a shortanswer survey of either twelve or seven questions, depending on if they participated in a study abroad program or not. The results suggest that fi nances, institutional factors, and individual differences are signifi cant factors in determining if an African American student will study abroad. Future studies tracking Black students’ active intent to study 1 MEd is the Global Programs Coordinator for all programs affi liated with the African Bioethics Consortium at the Johns Hopkins Berman Institute of Bioethics. Her primary research/career focuses are international education program management, with special focus on minority, lowincome, 1st generation, and other underrepresented groups’ participation in in global education opportunities. ORCID: https://orcid.org/0000-0002-0972-8458. E-mail: mharr174@jhmi.edu 2 Corresponding author. PhD. is an Associate Professor in the School of Teaching and Learning at Sam Houston State University in Huntsville, Texas. His research focus is primarily centered on two topics. The fi rst is sustainable development in agriculture and education in developing countries located primarily in sub-Saharan Africa. The second focus supports the fi rst right sizing animal traction agricultural implements developed and used by U.S. Amish farmers. This adaptation allows farmers in developing countries, whose primary source of power is either human or animal, to increase their food production and quality of life without the use of combustion engines. ORCID: https://orcid.org/0000-0002-7871-0972. E-mail: JWH009@shsu.edu
{"title":"Study Abroad and College Students of the African Diaspora: Attitudes, Access and Barriers","authors":"M. Harris, James W. Hynes","doi":"10.15290/eejtr.2019.03.02.01","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.02.01","url":null,"abstract":"This qualitative study examined the attitudes, preferences, and barriers to participation experienced by African American students attempting to participate in study abroad programs. A literature review indicates that African American students are grossly underrepresented in global education opportunities when compared with their overall enrollment numbers. Study abroad has been named as a valuable (both personally and academically) enriching experience granting competitive edges in postgraduate and professional endeavors in a globalized world. Twenty participants from purposively selected universities across the United States participated in a shortanswer survey of either twelve or seven questions, depending on if they participated in a study abroad program or not. The results suggest that fi nances, institutional factors, and individual differences are signifi cant factors in determining if an African American student will study abroad. Future studies tracking Black students’ active intent to study 1 MEd is the Global Programs Coordinator for all programs affi liated with the African Bioethics Consortium at the Johns Hopkins Berman Institute of Bioethics. Her primary research/career focuses are international education program management, with special focus on minority, lowincome, 1st generation, and other underrepresented groups’ participation in in global education opportunities. ORCID: https://orcid.org/0000-0002-0972-8458. E-mail: mharr174@jhmi.edu 2 Corresponding author. PhD. is an Associate Professor in the School of Teaching and Learning at Sam Houston State University in Huntsville, Texas. His research focus is primarily centered on two topics. The fi rst is sustainable development in agriculture and education in developing countries located primarily in sub-Saharan Africa. The second focus supports the fi rst right sizing animal traction agricultural implements developed and used by U.S. Amish farmers. This adaptation allows farmers in developing countries, whose primary source of power is either human or animal, to increase their food production and quality of life without the use of combustion engines. ORCID: https://orcid.org/0000-0002-7871-0972. E-mail: JWH009@shsu.edu","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.15290/eejtr.2019.03.01.05
A. Przygoda
The information and views set out in this article are those of the author and do not necessarily reflect the official opinion of the company (British American Tobacco).
本文中列出的信息和观点是作者的观点，并不一定反映公司(英美烟草公司)的官方意见。
{"title":"The International Registration of Trade Marks under the Madrid System: Advantages and Disadvantages","authors":"A. Przygoda","doi":"10.15290/eejtr.2019.03.01.05","DOIUrl":"https://doi.org/10.15290/eejtr.2019.03.01.05","url":null,"abstract":"The information and views set out in this article are those of the author and do not necessarily reflect the official opinion of the company (British American Tobacco).","PeriodicalId":34800,"journal":{"name":"Eastern European Journal of Transnational Relations","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66905001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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