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Books > Law > International law > Public international law > International law of transport & communications
Changing vessel technology presents a major challenge to shipping manufacturers. A change in vessel design can require major modifications of port facilities, information systems, and marketing techniques. While shippers must be ready to make changes in order to be competitive, they must be careful to choose technology that can be successfully and economically implemented in their market environment. This volume examines the vessel technology issues that shipping companies are confronting. Case studies are presented for liner shipping, liquid and dry bulk shipping, and the ship-port interface. The cases, based on actual industry situations, explore management's options with and decisions on essential aspects of changing vessel technology. Specific technologies are described along with their economic, regulatory, and political implications.
Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.
At the end of 2002 the third package has been in force for ten years. It as therefore a good moment to review the record in terms of compliance and problems which have been encountered. Competition Law continues to play an important role in the airline sector and topical issues include frequent flyer programs, the response by traditional airlines to law-cost airlines and arrangements between low-cost airlines and airports. For the last few years state aid to airlines had been a dormant issue, but it is now back in earnest - in connection with the very different responses of the EU and the US to the events of 11 September, the similar but different fates of Sabena and Swissair and the opening of a Commission investigation into Olympic Airways. Passenger rights remains a subject high on the commission's agenda, and its proposal for a regulation on compensation for denied boarding and flight delays and cancellation is exciting strong opposition from airlines. All these subjects were covered in the Association's annual conference for 2002 in Stockholm, and in some cases from a particular Scandinavian point of view. General developments in the Nordic and the Baltic regions have also been discussed particularly in view of the expected imminent special aviation arrangements between the Baltic States and the EU.
In 1999 liberalization of the air transport market in the EC has continued to have many positive results. As with US deregulation in 1978, it is clearly leading to growing consolidation, principally by way of alliances, and the Commission's ongoing investigation of the transatlantic airline alliances continues to dominate the agenda. For all its positive results, there is some question as to whether liberalization has been achieved at the cost of a deterioration in public service, despite the scope left by the 1992 third package for public service obligations. With the increased competition resulting from liberalization, airlines have come under pressure to cut costs. A prime target has been distribution costs, assisted by developments in technology. This is leading to differences in the relationship between airlines and travel agents and in the role of agents. In its communication on the European airline industry adopted in May 1999, the Commission made it clear that the completion of the single market in air transport with a genuine external dimension, particularly involving the US, is a priority. All these topical issues have been discussed at the Association's annual conference for 1999. The Association is grateful to TAP for its generous assistance with air travel to and from Lisbon.
As space applications become central to modern interaction, more and more entities are becoming involved in space activities. Consequently, strategies to establish the coordinated, ethically justifiable and sustainable conduct of space activities have to be found. Such an endeavour requires addressing current questions regarding the use of space, dealing with fair rules in orbit and discussing the way towards achieving truly global engagement on space security issues. The book outlines the current situation and identifies key challenges from the policy perspective. Taking this one step further, it also formulates principles and recommendations for global action. Nineteen eminent personalities from the space sector have united for this project, which is based on a conference organised at the European Space Policy Institute (ESPI) in November 2008 in Vienna.
These papers represent the chief topics of discussion at the European Air Law Association's annual conference for 1997 in Madrid. These include the last remaining qualifications for a fully liberalised EC air transport market, and increasing signs that liberalisation is stimulating structural changes and producing significant benefits for passengers. The text discusses the focus of regulatory attention moving from liberalisation to safety matters, with initiatives in the field of foreign safety oversight, the reformation of Eurocontrol and the creation of a single European aviation safety authority. Also included are EC and US issues regarding transatlantic airline alliances (particularly British Airways/American Airlines) and the Commission's reaction to the Boeing/McDonnell Douglas merger.
This volume is about the sweeping technical and regulatory changes which have moulded the regulatory framework of space communications. WARC-92 introduced the LEO systems, WRC-5 confirmed the access of large international corporations to negotiating tables with member state representatives, and WRC-97 saw the first exchanges of rounds between North America and Western Europe in the global quest for new business markets. The forthcoming conferences of the 21st century promise to be challenging. The legal and institutional process, which charts such unprecedented technical revolution, is still primarily in the domain of international law experts. However, several other legal specialities also tackle space-based communications - trade, air navigation, culture, education - in intimate contact with legitimate profit-making concerns and strategic interest considerations. The text is organized around the traditional distinction between international satellite regulations (Part One) and regional satellite regulations; this second level deals with North American and Western European regulations (Parts Two and Three). The outcome of this research is, first, to present the evolution of the regulatory framework of space-based communications, second, to underline the mounting importance of administrative regulations which tend to be granted a de facto status of standard laws and, third, to draw the attention of the public to the win-lose type of trans-Atlantic competition that is taking place on the global stage, that should change into a win-win scenario in the end.
This work confronts issues in the world of the airline industry. It combines selections of presentations from the First and Second De Brauw Blackstone and Westbroek Aircraft Finance Conferences, held in January 1992 and 1995, respectively. It deals with the legal and tax aspects of aircraft finance transaction in six European jurisdictions: France, Germany, Spain, Sweden, Belgium and the Netherlands. All presentations have been reviewed and updated by the authors. Issues raised include funding sources, security rights, aircraft leasing and the effect of the EC licensing regulation. Furthermore, it contains two selections dealing with the outlook for the aviation industry and the aircraft finance market.
This book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines.
1998 had seen further efforts by the European Commission to reduce the number of natural monopolies in the air transport market. The Council of the EU discussed a directive aimed at regulating airport practices by limiting the level of charges, putting an end to unfair practices and improving transparency for users. At the same time, the Commission set conditions on airline alliances after having carried out investigations into several alliances between EU and US carriers. Another significant issue in 1998 has been the review of conditions of carriage and tickets in consultation with the Commission and with consumer organisations, as well as the proposal for a revision of Regulation No. 895/91 regarding denied boarding compensation. Also in high profile during 1998 has been the proposal for a multilateral treaty between the EU and Eastern European countries regarding the adoption of the air law regime of the EU and EU competition law, which would create a common European aviation area. These various developments have provided the principal topics for discussion at the Association's annual conference for 1998. The Association is grateful to Austrian Airlines Osterreichische Luftverkehrs AG and Bank Austria Aktiengesellschaft for their generous contribution towards the cost of the seminar.
The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers' Federation, and the German Shipowners' Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.
The long-awaited consolidation of the UK merchant shipping legislation finally arrived with the passing of the Merchant Shipping Act 1995 which replaced the thirty or so Acts dating from the Merchant Shipping Act 1894. This new edition of Merchant Shipping Act 1995 - An Annotated Guide provides an authoritative and practical guide to the implications of this important legislation. Written in a clear and accessible style, the authors guide you chronologically through each of the Act's 313 sections. They include expert commentary and analysis to assist your understanding and interpretation of the Act. Merchant Shipping Act 1995 - An Annotated Guide is an essential first-stop reference guide, providing guidance on the appropriate authorities and more detailed texts to which further reference can be made. It is also annotated throughout with comprehensive tables and indexes, making it a truly practical working tool. Thoroughly revised and up-dated, the second edition includes details of: Amendments to the Merchant Shipping Act 1995 The Merchant Shipping and Maritime Security Act 1997 Statutory instruments and regulations introduced to supplement the Merchant Shipping Act The most recent case law Updated references to other texts, which have themselves been updated in the last 4 years
Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
There is little doubt that robotic and automated systems in space will contribute considerably to the future commercialisation of the space environment. This text provides a systems eye view of robotic spacecraft design with an emphasis on control systems.The first half of the book introduces the techniques of robotics and robotic control, and is the most mathematical part of the book. The second half of the book deals with spacecraft systems themselves, and how a robotic-type payload influences them, including consideration of financial and legal issues which are often left out of technical texts.Running through the book is the implementation of a freeflying robotic spacecraft called ATLAS (Advanced TeLerobotic Actuation System). However, the techniques presented in the book are completely general and the ATLAS spacecraft just serves as an example, albeit a very useful and economically viable space system.
This volume provides a concise introduction to the issues and debates regarding modern piracy, including naval operations, law, and diplomacy, and focuses on the recent surge of attacks off the coasts of Africa and Asia. In the past decade, the incidence of maritime piracy has exploded. The first three months of 2011 were the worst ever, with 18 ships hijacked, 344 crew taken hostage, and 7 crew members murdered. The four Americans on board the sailing vessel Quest were shot at point-blank range. The economic costs are also staggering, reaching $7 to $12 billion per year, as insurance costs skyrocket, ransoms double and then quadruple, and ships are forced to hire armed security for protection. Pirates operating off the Horn of Africa disrupt shipping traffic through the strategic Suez Canal, siphoning transit fees from an unstable Egypt, while the seizure of supertankers in the Indian Ocean underscores the vulnerability of the world's oil supply. Governments, private industry, and international organizations have mobilized to address the threat. This is the first volume to examine their work in developing naval strategy, international law and diplomacy, and industry guidelines to suppress contemporary maritime piracy. Contemporary Maritime Piracy: International Law, Strategy, and Diplomacy at Sea comprises three sections, the first of which contains chapters on historical and contemporary piracy, international law and diplomacy, and coalition strategies for combating future piracy. The second and third parts provide collections of historic profiles and relevant documents. Includes maps and relevant key documents Provides a bibliography of sources of additional information regarding international piracy
Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
This volume presents an analysis of the historical background, current status, and future development of space law by noted legal scholars. It focuses on a distinct and growing field of international law that incorporates both public and private law. Specific areas covered are scientific and technical aspects of space and space law; the United Nations and other institutional arrangements; national regulatory aspects; satellite applications; commercialization; dispute settlement; and case law. Since the establishment of a special law-making body at the United Nations in 1958, there has been a steady expansion of laws and regulations pertaining to space activities. The result has been the development of a distinct and mature discipline of international law. This analysis of space law by recognized experts in the field will interest scholars, practitioners, and policy-makers involved in the regulation of space use and exploration. |
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