Abstract
This paper explains that one of the main changes introduced by the new Trade Marks Act is the "presumption of registrability" prescribed by s 33, which prescribes that an application for registration must be accepted unless the Registrar is satisfied that there are grounds for rejecting it. Thereby, the onus is no longer on the applicant to establish registrability but instead is shifted to the Registrar. The author reviews various cases and discovers an inconsistency in the court's interpretation and application of s 33 insofar as examination practice is concerned. The paper concludes that case law appears to be slightly more inclined to an interpretation that a trade mark will be registered unless there is some specific objection to it.

Table of Contents:
Historical Framework
Examination Today
Section 41
Interpretations by the Courts
Conclusion

From the Paper
"In 'Kenman Kandy v Registrar of Trade Marks' (2002) 56 IPR 30, the millennium bug shape was rejected for being not inherently adapted to distinguish. On appeal to the federal court, however, it was explicitly stated that the impact upon the access of other traders to the use of insect like shapes as trade marks is speculative. That is, the likelihood that other traders in the course of their businesses, and without improper motives, would desire to use a shape such as the millennium bug, and in other words, the bug's inherent adaptability to distinguish, is speculative."

Tags:appeal, applicant, ground, adaptability, court

Abstract
This research paper argues that immigration in the U.S. has reached a crisis and we need to rethink our immigration policies. The paper briefly touches on the history of immigration, present immigration problems such as illegals, expert opinions, and ends with a call for an immigration moratorium.

Tags:liberty, amnesty, asylum, economics, labor, nativism

Abstract
This essay discusses the history of expansion of the power of the European Court of Justice (ECJ) jurisprudence over the legislation of European Union member states, and examines several explanations for this expansion. The author then considers how this application of ECJ law impresses on the integration of the acquis communitaire into the administration of both the existing member states and the accession states. The paper concludes with a brief discussion of the implications that the expanded role of the European Court of Justice may hold for the future of the European Union.

Introduction
Expanding Role of the European Court of Justice
Role of the ECJ in the Integration of EU Policy
into "Sovereign" States & Implications for the Future of
the European Union
Conclusion

From the Paper
"Since the 1950's the European Court of Justice's role in European society has grown dramatically. This growth has perhaps been unnoticed by politicians in the various member states of the European Union. Additionally, most political scientists have largely ignored the European Court of Justice.[1] The expansion of the ECJ has reached a point where ECJ jurisprudence is being used by national courts to overrule some laws promulgated by national legislatures![2] Given that no existing treaty within the EU provides this sort of autonomy or authority to the ECJ [3], one would not be silly to question how such a situation has come about."

Tags:community, court, european, union, enlarge, effect, law

Abstract
This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.

From the paper:

?Islam means ?submission? or ?surrender? to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?

Tags:crime, criminal, islam, law, legal, muslim, religion, world, shi'ite, iccpr, united, nations

Abstract
In this article, the writer discusses that international law first emerged as a system of rules to govern relations between sovereign countries. The writer notes that amongst its many functions, international law serves to facilitate trade between nations, avoid conflict, and offer protection for citizens worldwide. It is argued by critics that International law is not 'real' law because, as distinct from national law, it lacks a well-defined and structured legal system. This essay addresses the fundamental elements of sovereignty, legislature, police, and courts, and their applicability to public international law in general. By examining these key elements, it is shown that in comparison to national law, international law is weak, ineffective, and not really 'law'.

Outline:
Introduction
Who Rules International law?
The Creation of International Laws
The Enforcement Debate
Non-Compulsory Courts?
Conclusion

From the Paper
"In International law, all states are sovereign and as such are equal in theory. However, it can be considered that in today's International legal system the major players are western nations, most notably America. It is probable that these countries exert more of an influence on the world stage than smaller nations, effectively making the international legal system unequal. In a national legal system, the sovereign is generally well defined. However, International law has no such structure, and lacks a sovereign. The sharing of sovereignty between states is a weakness of the international legal system that is generally not found in national legal systems."

Tags:states, legislature, sovereign, body, ruling, government

Abstract
This paper analyzes the illegal activity of the Australian Wheat Board Ltd (AWB) with regards to corruption in the United Nations humanitarian project, the Oil-For-Food Program. The paper observes what led AWB to these illegal activities, examines the issue and studies the company's response to the crisis. The paper discusses the litigation public relations theories and J.E. Lukaszewski's seven-step process in order to analyze the crisis communication strategy of the company.

Table of Contents:
Introduction
AWB Limited and the Australian Wheat Industry
The Issue
AWB Crisis Communication Strategy
Conclusion

From the Paper
"In November 2005, the United Nations report on the inquiry into corruption in the Oil-For-Food Program, led by Paul Volcker, revealed that 2200 companies participating in the program were misappropriating funds from the United Nations accounts to redistribute them to the Iraqi government. One of those companies, the Australian Wheat Board Ltd (AWB) was the company which provided the biggest kickbacks, reaching a value of AU$300 millions between 1999 and 2003. As a company with a high profile and facing a serious legal problem, AWB was obviously likely to draw upon itself attention from both the Australian and worldwide public and media (Lukaszewski, 1997). Consequently, with the release of the report accompanied by a "sudden, searing searchlight of public attention" (Mackey, 2002, p.318), AWB was obviously facing a crisis."

Tags:public, relations, Oil-For-Food, Iraq, litigation, Lukazewski

Abstract
This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.

From the Paper
"The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."

Tags:international, law

Abstract
This paper examines the experience of the women enslaved by the Japanese as sex slaves during the Second World War - they were known as the Comfort Women. The paper begins with a background and explanation of how the system came about, as an instance of state-controlled criminal activity involving the sexual exploitation of women. The paper then explores who these women were and what experiences they were forced into.

From the Paper
"The term "comfort women" is a translation of the Japanese word jugun ianfu, which stands for enforced military sex slaves for the Japanese Imperial Army during World War Two. It describes a system of military rape, unprecedented in history, which goes unpunished today. Through highlighting the ingrained patriarchal and racist nature of the comfort women system, this essay will attempt to expose the responsibility not just of Japan, but of the international community, for the unbroken suffering of the comfort women."

Tags:crimes, history, international, japan, law, rape, studies, jagun

Abstract
This research paper outlines some key effects of terrorism on the application of the rule of law. By outlining key historical events in conjunction with the practical analysis of the law and its connotations, one is able to see how terrorism may effect the validity of the law in a social, economic and political context.

From the Paper
"Terrorism is the largest threat to democracy the world has seen. The recent September 11 attacks on the World Trade Center in New York and the Pentagon are often perceived as the beginning of a "never ending" war against terror. However, the perceptions of the qualities of a terrorist differ from person to person, which presents a conflict as to who really is a threat, and who is not. For example, the United States Department of Defense believes that a terrorist is a person or group who carries out an attack for a political, religious or ideological purpose whereas, in a time of war, a terrorist would be someone with only a "remote chance of achieving their aims"."

Tags:international, law, political, rule, science, september

Abstract
The essay explores the legal positivist separation thesis. It approaches the question of whether it is possible to separate law and morality from two aspects- first, the content of the law and secondly, the judicial decision making process. The writer makes reference to the policy of removing part-Aboriginal children from their families and communities, and placing them in special purpose institutions to support his argument.

From the Paper
"It has been described as ;arguably the most tragic and shameful chapter in Australia";s history.; From the late nineteenth century to the late 1960's, Australian governments carried out the policy of removing part-Aboriginal children from their families and communities, placing them in special purpose institutions. Often, these removals were carried out by force. The purpose of this removal policy was to assimilate the part-Aboriginals with the white community as the full-blooded Aboriginals were believed to be a doomed race in the sense that they would die out. A large number of the children suffered physical and emotional mistreatment following the removal from their families. The children who were removed under this policy came to be known as ";the stolen generation" This sets the backdrop against which I will discuss whether it is possible to separate law and morality with respect to the Australian court"s law making power.4 The separation of law and morality is the foundation of legal positivism. Positivists often criticize natural law theorists for blurring the line between law and morals. This essay aims, by examining three stolen generation cases, to illustrate that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ";separation of law and morality."

Tags:aboriginees, australia, children, generation, indigenous, law, legal, morality, positive, racism, stolen, system