International / European Law (Was Re: That case and that book)

[Goddlefrood]

> Alla:
> How effective do you think in general the mechanism of 
> enforcement of whatever International court of copyright 
> (I am not even sure if such court exists, whatever is the 
> name of the body that decides international appeals in that 
> area) decides, had the parties choose to take the case there.

Goddlefrood:

Well, the problem is, it's up to the parties to a copyright 
dispute to choose where to refer such disputes. The Berne 
Convention indicates that ALL parties to a dispute must be 
in agreement to refer such to the International Court of 
Justice. Thus, if they do agree to have it referred there, 
then they must also agree to abide by that Court's decision. 
On that basis, it would be highly effective; but then should 
a losing party renege on its agreement to abide by the decision 
the usual process of registration of any decision in the Country 
where that decision needs enforcing would have to be gone through 
before any enforcement could take place. I know of no instance 
where a decision of the ICJ has been ignored for a Copyright 
case. Then again, I know of no case that has been referred 
there.

Parties to the Convention state this:

'The (signatory party) takes the position that for any dispute to 
be referred to the International Court of Justice for its decision, 
the agreement of all the Parties to the dispute shall be necessary 
in each individual case.'

> Alla:
> I remember reading the case about woman being either unlawfully 
> fired in Ukraine or something similar ( do not remember what it 
> was even) and she decides to appeal to European court of human 
> rights and I was sadly shaking my head and thinking - okay, so 
> they will say she will be reinstated or something, what next?

> Employer in Ukraine will choose to honor this decision? No way 
> in my opinion, it will be - whatever, just piece of paper IMO.

Goddlefrood:

The EC would ultimately take steps against the Ukraine if the 
decision of the ECHR were not complied with. The employer should 
be compelled by the Ukraine authorities to comply, at least that's 
what should happen.