Month: July 2024

Student protests in Bangladesh

By Muhammad Tanvir Hashem Munim

For the last few days, Bangladesh has seceded from the outside world. The government has imposed a communication blackout amid its crackdown on the student protestors demanding quota reforms. It has enforced a nationwide curfew and deployed military forces.

The student protests in Bangladesh demanding quota reforms began in early 2018. The movement was sparked by growing frustration among university students over the existing public sector job quota system, which they felt disproportionately favoured certain groups at the expense of merit-based selection. The quota system in the country reserves 56% of government first-class and second-class jobs for some specific groups. In some job sectors, this quota reservation may reach as many as 96% of the jobs. Such a system caused discontent among the university students.

The discontent led to organised demonstrations, initially gaining momentum at Dhaka University and quickly spreading to other universities across the country. The students’ primary demand was to significantly reduce the quotas and allocate more jobs based on merit, ensuring equal opportunities for all candidates. The movement gained widespread support, highlighting broader issues of fairness and transparency in government recruitment processes.

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Where forth goes the EU: Conclusions from City Law School ISEL Annual Lecture of José Manuel Barroso “The EU and the Current Geopolitical Challenges”

By: Sahar T. Sadoughi

Europe will be forged in crisis and will be the sum of the solutions adopted for those crises”— Jean Monnet.

The last decade has seen great geopolitical challenges, from ‘Brexit’ to the COVID-19 Pandemic to the wholescale Russian invasion of Ukraine and beyond. With these arguably seismic events, the role of states, transnational bodies, and the international order takes centre stage. It is these questions that grounded the City Law School  Institute for the Study of European Law (ISEL) Annual lecture on 10 July entitled ‘The EU and the Current Geopolitical Challenges’. Featuring a lecture by two-term former President of the European Commission and former Portuguese Prime Minister José Manuel Barroso, followed by a panel with Professors Panos Koutrakos and Elaine Fahey, chaired by Christopher Vajda KC, former Judge at the European Court of Justice; the Event aimed to provide insight into the unique role the European Union currently occupies vis-à-vis these ongoing geopolitical challenges and its potential role in a rapidly changing international order.

Barroso’s lecture used insight from his previous role as president of the European Commission and his current role as chair of Global Vaccine alliance ‘GAVI’ to highlight the challenges currently facing the international order and the place that the EU operates and the strength of unity arising from its response to these crises. He presented his thesis behind the lecture, stating that he believes the EU is going to make more progress in its identity insofar is the EU is moving from “geopolitical adolescence” to becoming a “geopolitical adult”.  He began by positing that the power behind the international order was based in the US and Europe after the Second World War, but that this international order is in the process of changing. Barroso cited the invasion of Ukraine by Russia in March 2022 as a historic moment that has turned the tide for the EU, claiming that it is unlikely the world will come to a status quo ante.

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Right to Repair and Intellectual Property

By Enrico Bonadio (City, University of London) – Tanvi Agarwal (West Bengal National University of Juridical Sciences)

 

The ‘right to repair’ movement is currently gaining momentum, as also confirmed by a directive recently approved by the European Council. Broadly speaking, such a right aims at giving consumers the liberty to enjoy products efficiently for a longer period of time. Every product has indeed a period for which it functions effectively, beyond which it starts becoming obsolete. Here, the divide in the ideology between the manufacturers and the consumers becomes stark.

Manufacturers of products such as consumers’ electronics (e.g. smartphones) often, either directly or indirectly, tend to prevent consumers from repairing or modifying these products on their own. They may deploy strategies like restricting access to the information available to the public regarding the basic blueprint or manuals of the product along with denying access to necessary instruments, tools of repair and essential elements of the product.

But consumers often want the right and freedom to modify and repair these products on their own without which they are forced to endure expenses in buying a new product. While this debate is burgeoning advocating for a change in legislation to allow this right to be made available for consumers, the manufacturers are rigorously trying to stall the process by claiming how the ‘right to repair’ impinges on their intellectual property (IP) rights.

Indeed, such IP rights, especially copyright, can be invoked to control who can repair these goods. For examples, complex products such as those within the information and communication technology sector often incorporate software or other technological device which are protected by IP rights. And pieces of legislation like the US Digital Millennium Copyright Act (DMCA) and the EU Info-Society Directive explicitly prohibit the circumvention of technological protection measures embedded into such copyright-protected products. These rules can be enforced against third parties who are involved in repairing services.

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Insights from the Conference on Trade Negotiations, Trade Policy, and Law-Making in an Era of Soft Law

By: Nouf Ali S AlGazlan

With a new era come new challenges. So, what are the challenges of the rise of ‘soft law’ in lieu of trade agreements? The conference, organised by Professor Elaine Fahey at City Law School entitled “Trade Negotiations, Trade Policy and Law-Making in an Era of Soft Law” explored not only the possible challenges of such non-binding agreements, but also their effectiveness, impact, and most importantly, whether the EU is emerging as a leader or laggard in this new era. Below is a summary of each panel’s discussions, where experts including academics, practitioners and think-tanks came together to discuss such issues.

 

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