Human Rights of Irregular Immigrants: A Challenge for the Universality of Human Rights

Irregular immigration is a phenomenon with a substantial impact for the majority of the countries. The paper analyses whether there is an adequate human rights framework for protection of irregular immigrants or whether the irregular status exempts the migrants from the protection of international human rights law. If this is the case, then the human rights universality has failed. The paper takes into consideration the developments in the International and EU Law, as well as in the jurisprudence of the international tribunals regarding protection of irregular immigrants. It is divided into three main sections. The first section informs briefly on the dynamics of irregular immigrants; the second section analyses the legislation on irregular immigration from the perspective of the state sovereignty, the third section analyses the human rights law and the protection it affords to irregular immigrants, pursuant to the interpretation of International tribunals

EU Policy on Migration Management and Its Impact for the Western Balkans: The 'Case of Albania'

The paper analyses the EU policy on migration management and its impact for countries of origin of migrants, with a specific focus to the case of Albania. It examines the efforts of Albania to align its migration policies and legislation with the obligations stemming from the Stabilisation and Association Agreement (SAA) and the European Partnership document for Albania. In particular, the paper analyses the Readmission Agreement EC-Albania, as an instrument concluded pursuant to the SAA requirements, its impact for Albania and its level of implementation 3 years afterentry into force for readmission of own nationals and one year after entry into forceof the third country nationals clause

THE IMPACT OF VISA LIBERALIZATION FOR THE WESTERN BALKANS: THE CASE OF ALBANIA

This article analyses the impact of the Visa Liberalization Agreements concluded byEuropean Commission with the Western Balkan Countries, on the rate of migrationflows with particular focus on the case of Albania. The article analyses, inter alia,the national data on the number of people who have left the WB countries andreturned, either voluntarily or forced; as well as the data from returning countries.The article finds that VLAs, did not end up in massive abuses of overstayers in thecountries of destination in the first years of the implementation. Overall, the numberof irregulars-including overstayers, in its totality does not exceed the pre-visaliberalization period. This is followed by a significant reduction of the smuggling ofmigrants in some of the countries and of the money that feed illegal internationalnetworks. Albanian citizens are not paying large fees for visas and for thecorruptive systems 'established' for obtaining visas. This analysis is carried out in acomparative perspective for all the Balkan countries that have concluded such agreement. The article does not analyze Kosovo due to its specific features andrelations with EC on such matters.The paper is divided into four chapters. The first one provides general informationon the pre-visa liberalization migration of WB and the process up to VLAs. Thesecond analyses the conditions and the impact of the VLAs on the migration rate, inparticular on irregular immigration, returnees and over-stayers. The third onerefers to the impact of VLA on irregular migration and on the measures undertakenthe WB countries to curb irregular immigration-abuses of the VLA. The fourth chapter provides the main conclusions

THE CONTRACTUAL RIGHT TO WITHDRAW: COPYRIGHT CONTRACT V COMMERCIAL CONTRACT

Pacta sunt servanda is the important Roman principle that “equalises” the binding effects of contracts and law. The right to withdraw loosens the sanctity of the contract, bringing some legal uncertainty to the contractual relationship. The right to withdraw based on the change of ones’ mind concerning a transaction is a unilateral act of will, provided both by Albanian Contract Law and the Albanian Law on Author’s Rights. This paper will point out the Albanian legal conditions according to which the withdrawal can be rightly exercised, highlighting the differences between the right to withdraw from commercial contracts and the author’s moral right to withdraw from copyright contracts

Progettazione della conversione della CTR in Database Geotopografico conforme alle specifiche nazionali

L’obiettivo di questa tesi è quello di analizzare i dati territoriali attualmente in essere alla Regione Veneto e mettere a punto un processo in grado di trasformarli in dati territoriali secondo la normativa nazionale, tramite procedure (semi)automatizzate realizzate usando strumenti ETLope

Challenging ownership of copyright of the employee-author

In a world where the IP intangibles are becoming the most valuable assets of any business, there is intense competition to hire people who manage to create works. When the author is simultaneously an employee, the exciting scenario produces legal debate regarding authorship and copyright ownership. This paper will analyse from the Albanian legal perspective how the "employed" status of the author affects the ownership of the rights deriving from work, according to Law on Author's Right and Labour Law, thus examining the implication of the employer as a temporary right’s holder. The paper will explain the different legal approaches to exercising economic rights depending on the type of work deriving from the employment relationship, further comparing to Kosovo Law on Author’s Rights.

FRANCHISE CONTRACT AND GOOD FAITH

Franchise is a widespread business model in countries with developed economies. Although that in Albania there are few franchising relations, the Albanian Civil Code provides franchising as a contract. The franchise contract is a binding agreement where the franchiser grants the franchisee the right to use the trademark and the operating system of the franchiser, mutually fulfilling rights and duties derived by this contract. The most important duty of the franchiser is to make available to the franchisee a standardized set of immaterial rights, models, charts, profit, organization and trade ideas, and other appropriate knowledge for the development of trade. During the negotiations, the parties have to show each other the commercial affairs conditions dealing with the franchise agreement and the franchise obligations particular program. The information during the negotiations must be confidential and such must remain, even if the contract is not concluded. The Albanian Civil Code provides that in general during the contract negotiations, the parties must act in good faith towards each other. In case of franchise contract the good faith is specifically required by law, due to the fact that the parties normally provide each other with important and economical valuable information. The aim of this paper is to realize an overview of a new contract, as franchising and its importance in economic relations. This paper will clarify the Albanian legal provisions on franchise contract, the rights and duties of each party. It will be highlighted the role of good faith in negotiations, how the parties must act and the possibility to compensate potential damages. It is about one principle, the Good Faith Principle, that Civil Law jurisdiction and Common Law jurisdictions have generally two different approaches. The paper will show the changes in legal provisions of some European countries regarding good faith in franchise contracts. DOI: 10.5901/mjss.2014.v5n22p31

Eosinophilic Jejunitis Presenting as Intractable Vomiting, Persistent Leukocytosis, and Ascites in a Young Adult Patient

Eosinophilic enteritis (EoN) poses a distinctive challenge, affecting individuals with various clinical presentations depending on the layer and extent of the bowel wall. We present a case of a 19-year-old female with abdominal pain, vomiting, and loose stools for 1 month. Labs were significant for persistent leukocytosis with peripheral eosinophilia. A computed tomography of the abdomen/pelvis demonstrated moderate abdominal ascites and moderately diffuse mucosal thickening of jejunal loops. A diagnostic paracentesis unveiled low serum ascites albumin gradient and 92% eosinophils. Push enteroscopy resulted in no significant biopsy findings, though a laparoscopic full-thickness jejunal biopsy exhibited increased eosinophils in the bowel wall. Intravenous steroid, proton pump inhibitor, and dietary changes resolved the symptoms and normalized the labs within a week. Our case report highlights a variable presentation of eosinophilic jejunitis uncommon in this disease population. EoN is an easily missed diagnosis and mandates frequent follow-up to prompt relevant investigations. Atopic clinical features are not prevalent in each case. While rare, EoN requires a strong clinical suspicion, even if endoscopic biopsies are unremarkable, prompting timely laparoscopic full-thickness biopsy. Per protocol, physicians must do the infectious and eosinophilia workup to rule out other etiologies. Our case also highlights that worsening clinical condition in EoN warrants early intravenous steroids with a favorable prognosis and considers a psychosocial aspect of the disease on the patient\u27s health