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Competition and Regulation in Shipping and Shipping Related Industries
Maritime competition as an economic phenomenon is currently influenced by a number of factors both at EU and international level. From a legislative point of view, the recent repeal of EC Reg. 4056/1986 affects the treatment of horizontal agreements not only in the liner but also in the bulk sector, which was excluded until recently from the scope of EC secondary competition rules. However, competition distortions are not only a question of private arrangements. They emanate also from measures and practices incompatible with the freedom to provide services, Member states’ protectionism and international mandatory regulation. This volume comparatively and comprehensively examines all these issues, by bringing together contributions from distinguished academics. Particular focus is given on private shipping cartels, the liberalization of cabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.
The Regulation of International Shipping: International and Comparative Perspectives
“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.
Arbitration Clauses in Maritime Contracts
Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
EU State Aid Control of Infrastructure Funding
The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sect...
Annuaire
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Berlingieri on Arrest of Ships
The 1952 Ship Arrest Convention attempted to bring some uniformity to the international law on ship arrest. In 1999, the New International Convention on Arrest of Ships was adopted, updating many principles of the 1952 Convention. Berlingieri on Arrest of Ships, provides detailed coverage of both the 1952 and 1999 Conventions giving all the background information necessary to understand the provisions of the Convention. As well as covering the 1999 Convention, the third edition also contains additional information on the implementation of the 1952 Convention by a number of Contracting States, and relevant court decisions recently issued with reference to the 1952 Convention.
Por um Estado Fiscal Suportável - Estudos de Direito Fiscal V
Reunião de treze estudos concluídos após a publicação do volume IV. Trata-se de estudos dispersos por diferentes publicações cujo objecto se localiza ou, a seu modo, se reporta ao domínio amplo do direito dos impostos. - As finanças públicas e a redistribuição dos rendimentos - O imposto sobre a arqueação líquida dos navios no quadro do direito da união europeia - O imposto sobre as transacções financeiras - Estabilidade financeira e o tratado orçamental - A impugnação unitária do acto tributário - A tributação da exploração petrolífera em portugal - O regime fiscal das pequenas e médias empresas - Uma futura revisão constitucional? - Autonomias e forma do estado - Recursos financeiros e poderes tributários das autarquias locais: que melhorias? - Considerações sobre o regime fiscal da reorganização empresarial - Notas a respeito das leis interpretativas e impostos retroactivos - A respeito do adicional ao imposto municipal sobre imóveis
CMI News Letter
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Sécurité maritime et intégration européenne
Héritière des mouvements de territorialisation et de régionalisation de la gouvernance des espaces et des activités maritimes, l’Union européenne s’est érigée, malgré le silence des traités constitutionnels, en nouvel échelon d’élaboration du droit de la sécurité maritime. Les enjeux humains, économiques et environnementaux de la problématique ont fait de son ordre juridique un théâtre privilégié de la confrontation entre les traditions libérales du monde maritime et le besoin d’une régulation par la puissance publique en vue de prévenir, limiter et indemniser les préjudices de toutes natures pouvant résulter d’un accident en mer. Si elle se fait parfois au ...
Schiffsunternehmen und Schiffsüberlassungsverträge
English summary: Victoria Athanassopoulou deals with the modern forms of economic ship chartering from the perspective of the ship as an enterprise. Her concept of the ship as an enterprise provides a new approach to the development of the merchant shipping law. She sees a ship as an economic unit and provides a new theoretical basis for the examination and the interpretation of the legal concepts Reeder and Ausruster in German law. The author analyzes the various forms of ship charters and their practical application in international contracts. She shows the differences between bareboat charterers, time charterers and ship managers and their position as service providers or owners of ships ...
