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Stefan Kirchner

    Multidimensional Origins of Biolaw and Bioethics and their Impact on Conceptions of Human Rights and Human Dignity
    Human Rights Law Research in the Context of Indigenous Rights. From Classroom to Courtroom
    Introduction to the Origins of Biolaw. A European Perspective
    The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey
    Limits of the Negative Dimension of Article 12 of the European Convention on Human Rights
    Pharmaceutical Intellectual Property Rights and the Single Market
    • Pharmaceutical Intellectual Property Rights and the Single Market

      A Survey of the Jurisprudence of the European Court of Justice

      • 88pages
      • 4 heures de lecture

      The thesis explores the challenges facing the European pharmaceutical sector, particularly in the context of an aging population and the industry's reliance on robust intellectual property rights. It highlights the financial pressures from expensive research and development, alongside threats from generic and counterfeit drugs. Additionally, it examines the economic implications of price disparities across EU member states, which facilitate the reimportation of pharmaceuticals, impacting producers' profits. The analysis includes insights from the European Court of Justice and the Court of First Instance.

      Pharmaceutical Intellectual Property Rights and the Single Market
    • Focusing on the European Convention on Human Rights, this essay examines the implications of Article 12 ECHR, particularly in the context of Malta's unique legal culture and history. It highlights the surprising outcomes that arise from the article's negative dimension while providing insights into the historical context of the ECHR's drafting. Additionally, the author proposes methods to mitigate the restrictive interpretations of the article, aiming to preserve the core principles of the Convention while adapting to contemporary legal challenges.

      Limits of the Negative Dimension of Article 12 of the European Convention on Human Rights
    • The essay explores the applicability of the right to a fair trial in immigration law cases across various European countries, including Germany, the Netherlands, Belgium, the UK, and Turkey. It highlights significant differences in legal practices compared to other states under the European Convention on Human Rights (ECHR). Aimed at lawyers, the text provides guidance on navigating both the European Court of Human Rights and domestic courts, addressing the high caseload in immigration law and the necessity for legal professionals to understand their clients' rights under the Convention.

      The Right to Fair Trial under Article 6 of the European Convention on Human Rights in Immigration Law Cases in Germany, the Netherlands, Belgium, the United Kingdom and Turkey
    • The essay explores the precarious balance between commercial productivity and the protection of human dignity, particularly for vulnerable populations. It delves into the philosophical, moral, and religious roots of human dignity, which can pose challenges for legal interpretation. Highlighting its significance in various legal frameworks, including the German Constitution and international human rights treaties, the work examines how this concept is addressed within the realms of modern biolaw and human rights discourse.

      Introduction to the Origins of Biolaw. A European Perspective
    • Human Rights Law Research in the Context of Indigenous Rights. From Classroom to Courtroom

      Including Practical Tips on Researching International Human Rights Law

      • 56pages
      • 2 heures de lecture

      Focusing on indigenous rights research, this expanded lecture provides insights into legal methodologies and human rights concepts within international law. Aimed at postgraduate and Ph.D. students, as well as newcomers, it offers practical research tips and highlights accessible online resources. The text also addresses ethical considerations in researching indigenous peoples, making it a valuable resource for both scholars and practitioners interested in this critical area of study.

      Human Rights Law Research in the Context of Indigenous Rights. From Classroom to Courtroom
    • Biolaw represents an emerging legal discipline that intertwines with foundational legal principles and philosophy. The article explores the diverse sources that inform biolaw, highlighting how their visibility may challenge its acceptance. A significant focus is placed on the contentious role of religion, particularly Christianity, in shaping biolaw discourse, even within secular contexts. This intersection of law, philosophy, and religion raises critical questions about the future of biolaw and its integration into contemporary legal frameworks.

      Multidimensional Origins of Biolaw and Bioethics and their Impact on Conceptions of Human Rights and Human Dignity
    • The research paper explores the historical context of globalization, highlighting its recurring nature throughout history. It examines significant periods of economic, cultural, and political interaction, such as the dominance of the English and Dutch East India companies in the 17th century and the colonization efforts of Spain and Portugal in Latin America during the 15th and 16th centuries. This analysis provides insights into how these early interactions have shaped contemporary global dynamics in law and intellectual property.

      The Status of the Individual in International Law and the Age of Globalization
    • The essay explores the significant role of religious organizations as major employers in Germany, particularly those affiliated with Christian groups like the united evangelical regional churches and the Catholic Church. It highlights their influence in various sectors, including healthcare and education, positioning these institutions as the second largest employers after the public sector. The discussion emphasizes the intersection of law and employment within the framework of religious entities operating essential services.

      Collective versus Individual Rights. The Case Law of the European Court of Human Rights in the German Religious Labour Law Cases
    • Exploring the intersection of international human rights law and indigenous rights, this essay examines the protections afforded to indigenous peoples despite the Universal Declaration of Human Rights' silence on the matter. It highlights how the UDHR laid the groundwork for the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which contain a common Article 1 that safeguards indigenous livelihoods, thereby addressing the legal framework surrounding these crucial issues.

      International Human Rights Law and Indigenous Peoples
    • Wartime Rape. Sexual Terrorism in the Eastern Provinces of the Democratic Republic of Congo

      International Law and Human Rights

      • 268pages
      • 10 heures de lecture

      The devastating impact of conflict in the Democratic Republic of the Congo is explored, highlighting the staggering loss of approximately 5.4 million lives due to ongoing wars. This document examines the legal implications of such humanitarian crises within the framework of European and international law, particularly focusing on intellectual property rights. It provides insights into the intersection of law and human rights in a region plagued by violence and instability, emphasizing the need for legal frameworks to address these challenges.

      Wartime Rape. Sexual Terrorism in the Eastern Provinces of the Democratic Republic of Congo