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European Union Maritime Safety Policy and International Law
  • Language: en
  • Pages: 621

European Union Maritime Safety Policy and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

This book offers a comprehensive international law analysis of the European Uniona (TM)s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventi...

The Law of the Seabed
  • Language: en
  • Pages: 637

The Law of the Seabed

  • Categories: Law
  • Type: Book
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  • Published: 2020-01-29
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  • Publisher: BRILL

The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine gene...

Corporation tax in Northern Ireland
  • Language: en
  • Pages: 252

Corporation tax in Northern Ireland

The committee supports the principle of devolving to the Northern Ireland Executive the decision over whether or not to amend the rate of corporation tax, and believes this would assist the indigenous private sector to expand, innovate and employ more staff. The report uses 12.5% as a benchmark for the lower rate of corporation tax, but suggests that on the basis that the decision is devolved to the Northern Ireland executive it may, in due course, choose a lower rate. To maximise the benefits of a lower rate, though, continued progress needs to be made on other economic development policy mechanisms, including planning, education, and incentives for research and development and exporting. L...

Business Innovation and the Law
  • Language: en
  • Pages: 517

Business Innovation and the Law

  • Categories: Law

Business Innovation and the Law analyses the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines Ð intellectual property, labour and employment laws, competition and corporate laws. Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provi...

Sustainable and Efficient Transport
  • Language: en
  • Pages: 321

Sustainable and Efficient Transport

  • Categories: Law

The EU Commission has set the goal of facilitating a competitive transport system, increasing mobility and supporting growth while simultaneously reaching a target of 60 per cent emissions reductions by 2050. In light of past performance and estimated development, the target will not be reached without further behavioural change in the transport sector. This interdisciplinary book examines how such a behavioural shift can be achieved by various organizational and legal means, focusing primarily on the European Union and its specific policies related to greening transport.

A True European
  • Language: en
  • Pages: 447

A True European

  • Categories: Law

Judge David Edward has enjoyed a glittering career. After a substantial,successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.

International Law and Corporate Actors in Deep Seabed Mining
  • Language: en
  • Pages: 321

International Law and Corporate Actors in Deep Seabed Mining

  • Categories: Law

This book addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.

Competition and Regulation in Shipping and Shipping Related Industries
  • Language: en
  • Pages: 416

Competition and Regulation in Shipping and Shipping Related Industries

  • Type: Book
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  • Published: 2009-05-06
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  • Publisher: BRILL

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.

Criminal Jurisdiction Over Perpetrators of Ship-Source Pollution
  • Language: en
  • Pages: 361

Criminal Jurisdiction Over Perpetrators of Ship-Source Pollution

  • Categories: Law

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographical reach of any given State’s criminal law poses unique challenges in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consequences arising from the potential conflict between the EU harmonization measures within the field, and UNCLOS are detailed in the monograph.

The Procedural and Organisational Law of the European Court of Justice
  • Language: en
  • Pages: 203

The Procedural and Organisational Law of the European Court of Justice

  • Categories: Law

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.