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This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. The maritime cabotage law provisions and approaches as adopted in many states and jurisdictions has been extensively scrutinised. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law. The book offers a vibrant discussion on the adjustment in the regulatory approaches of maritime cabotage, from one that was intrinsically premised on the idea of national sovereignty, to one that now embraces the broader ideology of development. It investigates what the common understanding of the law of maritime cabotage should be and on what intellectual basis it can be justified. It reduces the inconsistencies and confusion that surround the concept and application of maritime cabotage law, to provide a more certain and more robust concept of maritime cabotage.
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
Straits are peripheral formations in the study of geography, but have long been a source of controversy in international relations. They connect separate seas and divide the territory of states. This geographical fact invites legal disputes over international boundary drawing, request forpassage by foreign ships, assertion of territorial control over the waters forming straits, and the basis for a regime generally accepted as law in our times. This is a thorough and well-documented book which combines elements of history, geography, international shipping, and the law of the sea. Itasks the central question: what exactly is the current law governing this area, and also goes on to consider the concept of international straits, the distinction between existing treaty-based regimes and the general regime, and the special characteristics of straits that separate them from similararms of the sea in terms of law. In answering these questions, the author takes us back to the first regime for international straits in 1949, through to the practices of the present day. This will be an invaluable text for all international lawyers, particularly those specializing in the law ofsea.
A detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far.
This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.
'Beyond Open Skies' offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: cabotage; ownership and citizenship requirements; route selection; airline identity; capacity; pricing regimes; competition and public aid; regulatory harmonization; labor laws; provisions for charter and/or cargo transportation; fair operation of and access to computer reservations systems; authorization of code-sharing arrangements; alliances and antitrust immunity; and dispute resolution.
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.
Global logistics entails tradeoffs in facility location, distribution networks, the routing and scheduling of deliveries by different modes of travel (e.g., air, water, truck, rail), procurement, and the overall management of international supply chains. In an increasingly global economy, then, logistics has become a very important matter in the success or failure of an organization. It is an integral part of supply chain management that involves not just operations management considerations, but production engineering and regional science issues as well. As Director of the prestigious Waterloo Management of Integrated Manufacturing Systems Research Group (WATMIMS), which specializes in logi...
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Mem...