Digital Commons Network^™

Effect On Trade Criterion And The Convergence Rule In The Eu Law Application Practice Of Polish Judicature And The President Of The Competition And Consumers Protection Office (Uokik), Mariusz Minkiewicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the meaning of the effect on trade criterion and the convergence rule in EU jurisprudence and the case law of the European Commission. Further analyzed is the practice of parallel application of Polish and EU competition law by Polish courts and the President of the Competition and Consumers Protection Office. The article indicates the influence that the interpretation given in the EU to the term „effect on trade” and the convergence rule had on the unification of the application of Polish and EU competition rules. Assessed is also the correctness of the application of the effect on …

Competition Protection In Finland, Beata Mäihäniemi

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of this article is to present the principles of Finnish competition law to Polish lawyers concerned with antitrust matters. For that reason, the paper focuses on the history and the current state of Finnish competition law, as well as on recent legal changes. It also provides an introduction to the competition authorities operating in Finland, their organization and responsibilities. Moreover, it briefly discusses these decisions and judgments of the competition authorities in Finland, which were most widely analyzed in domestic legal literature and press.

Problem With The Concept Of “Sales” In The New Polish Consumer Rights Act – The Question Of Mixed Contracts With A Service Component, Fryderyk Zoll

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The paper deals with questions surrounding the transposition of the Consumer Rights Directive into the Polish legal system. The paper focuses on Article 2. No 5. of the Directive and its implementation. The Polish legislator has passed a separated Consumer Rights Act and yet some of the relevant provisions are placed in the Polish Civil Code. Problems arise in the mutual interaction of relevant rules spread in two different legal acts. The national rule implementing Article 2 No. 5 of the Directive has been placed in the Consumer Rights Act. It defines sales contracts but also covers mixed contracts with …

On Consumer’S Remedies For Non-Conforming Goods After The Judgment Of The Court Of Justice Of The European Union In Weber And Putz, Joanna Luzak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Zadaniem Trybunału Sprawiedliwości UE jest dokonywanie takiej wykładni przepisów prawa europejskiego, która pozwala na realizację celów ustawodawcy europejskiego. Prowadzenie jednolitej wykładni przez Trybunał zmierza do wzmocnienia dalszej harmonizacji praw krajowych państw członkowskich Unii Europejskiej. Jednak w momencie, gdy wyrok stawia tyle samo pytań, na ile odpowiada, jak w przypadku wyroku w sprawie Weber i Putz dotyczącego podziału odpowiedzialności za koszty, które muszą być poniesione, aby wymienić towar konsumpcyjny niezgodny z umową, obowiązek sądów krajowych w postaci konsekwentnej wykładni prawa europejskiego może być trudny do spełnienia. W niniejszym artykule autorka bada sposób implementowania wyroku w sprawie Weber i Putz w Niemczech, …

Commission Recommendation Regarding Collective Redress. How To Implement It In Poland?, Anna Piszcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents Commission Recommendation of 11 June 2013 on collective redress mechanisms which was published in the EU Official Journal on 26 July 2013. The article indicates potential difficulties in the case of its implementation into the domestic legal system by the Polish legislature. In particular, it deals with issues of the adjustment of Polish legal provisions to the rules of the Recommendation with respect to basic definitions, legal standing to bring actions and their admissibility, as well as funding.

Impediments To The Effective Enforcement Of Consumer Claims In Class Actions For Infringements Of Prohibited Practices Violating Collective Consumer Interests, Małgorzata Sieradzka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Consumers participate in business transactions. A review and analysis of consumer legislation shows that they enjoy a number of rights in their relationships with professionals (entrepreneurs). The legislator (national and EU) consistently seeks to enhance the protection of consumer's rights, which in turn leads to a gradual expansion of the duties placed on entrepreneurs towards consumers. An example of the above can be found in the Polish Consumer Rights Act of 30 May 2014. Nevertheless, considering the economic interest of consumers, it is essential to ensure effective instruments for the enforcement of the guaranteed rights. Lengthy proceedings, evidence collection difficulties, …

Alternative Dispute Resolution For Consumer Disputes In European Law – The Latest Legal Solutions (Directive 2013/11/Eu On Consumer Adr And Regulation 524/2013 On Consumer Odr), Jagna Mucha

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Ensuring access to simple, efficient, fast and low-cost dispute resolution methods has proven to be one of the most important tasks of European institutions in recent years. Due to the fact that alternative dispute resolution (ADR) methods fulfil all of the above mentioned criteria, the European Commission adopted some measures aiming at the application of these methods to deal with consumer disputes. The Commission specified these initiatives in 2011 in its proposal of Directive 2013/11/UE on consumer ADR and Regulation 524/2013 on consumer ODR. Closer scrutiny of the respective provisions of these EU acts makes it possible however to identify …

Conditions For The Recognition Of A Practice As An Infringement Of Collective Consumer Interests, Izabela Wesołowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article highlights problems related to the interpretation of practices infringing collective consumer interests. In particular, it presents the reasons for the ban on practices infringing collective consumer interests. Furthermore, the paper attempts to specify and clarify the definition of collective consumer interests

Impact On The E-Commerce Industry Of Changes In Consumer's Right To Withdraw From A Contract Implemented By The Consumer Rights Act, Maciej Godyń

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article depicts changes, which will be implemented in the Polish legal order by the Consumer Rights Act promulgated on 30 May 2014 in term of consumer's right of withdrawal concerning distance contracts. Particular focus will be placed on four main issues: the time limit for the withdrawal, the form of the statement of withdrawal, the cost of returning a product and exclusion of the right of withdrawal. The article compares existing rules with provisions that will be implemented by the Consumer Rights Act

The Right Of Withdrawal From Contracts Under The Consumer Rights Act: The Example Of Admission Tickets, Teresa Kaczyńska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article aims to present legislative changes in the field of consumer's right of withdrawal concerning distance and off-premises contracts. While discussing the new rules, attention is drawn to interpretation problems regarding the lack of an explicit indication whether admission tickets are a category covered by the exceptions provided in the new Consumer Rights Act

Draft Of The Reform Of The Abstract Control Of Unfair Contract Terms, Michał Strzelecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses the “Draft Assumption of the Act amending the Act - Code of Civil Procedure and other acts” presented on 23 May 2014 by the Polish Ministry of Justice which aims to regulate issues concerning the abstract control of contract terms. Analysed will also be comments made in the process of public and inter-ministerial consultations surrounding this measure. The most important proposal for legislative changes relates to the binding force of a judgment given in proceedings concerning unfair contractual terms and the right to file a claim in such proceedings

Analysis Of 2013 Eucj Jurisprudence Concerning Directive 2005/29/Ec On Unfair Commercial Practices, Dominika Ewa Harasimiuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article aims to analyse recent jurisprudence of the CJEU on the provisions of Directive 2005/29/EC on unfair commercial practices. The scope of cases brought before the CJEU relates to different practical aspects of the application of Directive 2005/29/EC by national courts. Mentioned, among the issues interpreted by the CJEU, can be the conditions of unfair misleading practices, including the assessment of the relevant influence of the practice on a consumer (case Trento Sviluppo), and the significance of requirements of professional diligence (case CHS Tour Services). The analyzed judgments relate also to problems of a more general nature such as …

Introduction, Theera Nuchpiam

Asian Review

No abstract provided.

Higher Education In Asean With Special Reference To Thailand, Chantal Herberholz, Pataporn Sukontamarn

Asian Review

This article compares higher education and the internationalization thereof in ASEAN, with special reference to Thailand. While the comparison of higher education in ASEAN uses secondary data, the situation of higher education in Thailand utilizes primary data obtained from in-depth interviews. The results show that higher education sectors in ASEAN member countries are extremely diverse. Most ASEAN countries are facing two major challenges though, namely to (i) increase tertiary enrolment and (ii) improve the quality of higher education, although the extent of quality concerns varies substantially within and across member countries. Fieldwork reveals large differences among different types of universities …

Improving The Human Capital Of Migrant Workers In Asean: A Case Study Of Thailand And Clm Countries, Montakarn Chimmamee, Patcharawalai Wongboonsin

Asian Review

Southeast Asia is strategically positioning itself to meet the challenge of the global economy in the 21st century. During recent years, most Southeast Asian countries have been provided with a potential demographic dividend. However, the dominating strategies in labor migration management have not reaped the potential benefits from this potentiality. Thailand is a major receiving country of migrant workers, particularly from Cambodia, Laos, and Myanmar. How to manage migration to improve the productivity, efficiency and competitiveness of Thailand and its neighboring countries? This study examines demographic changes in Thailand and its neighbors, identifies new trends in the scale and pattern …

Towards Population Aging In The Asean Community, Vipan Prachuabmoh

Asian Review

This article discusses the trends toward populations aging in ASEAN and their challenges. It also assesses programs conducted under the Second National Plan for Older Persons in Thailand to extract lessons for policy formulation and development programs responding to population aging in other ASEAN countries. This assessment is based on findings from the project on Monitoring and Evaluation of the Second National Plan for Older Persons (2002-2021). The lessons learnt from Thailand seem to indicate that it is necessary for each ASEAN country to have concrete long-term plans for their elder populations. The National Plans for Older Persons are significant …

Religions And Religious Movements In Nation-Making In Asean, Udomporn Teeraviriyakul

Asian Review

Southeast Asia has nurtured the great world religious traditions of Hinduism, Buddhism, Islam, and Christianity. These religions, and many more beliefs, coexist in peace and harmony. Religions were not brought with the sword, but adopted in association with the expansion of trade. These religions empowered elite leaders to rule their states and kingdoms during the pre-colonial period. Since the coming of western imperialism, modernization became a n ew standard for transforming Southeast Asian society to fit a new global cultural paradigm. This article examines the role and importance of religions and religious movements in Southeast Asia, and ways in which …

Contributors

Asian Review

No abstract provided.

Preface To The Special Issue Of Green Mining "Mineral Resources, Mining And Environmental Management In Asean", David A.C. Manning

Applied Environmental Research

This issue of Applied Environmental Research includes seven of the papers that were presented at a Regional Workshop on "Mineral Resources, Mining and Environmental Management in ASEAN", held in Bangkok from 6-8th June, 2013. The theme of the meeting concerned the approach to sustainable mining adopted by the different ASEAN nations that were able to attend, namely Thailand, Laos, Myanmar, Vietnam, and Indonesia, with additional papers from the UK and Germany. An important aspect of the meeting was to compare current practice in individual countries, and this is reflected in the content of the papers published here. Manning's paper on …

Environmental Management And Monitoring Of Mining Operation In Lao Pdr, Phengkhamla Phonvisai, Jiragorn Gajaseni

Applied Environmental Research

Overall, mining projects make a significant contribution to gross of domestic product (GDP) in Lao People's Democratic Republic (Lao PDR). Benefits include increased export revenues, provision of royalty and tax income to the government, technology transfer, worker training and the creation of a skilled workforce. This can also lead to improved social, physical, legal and financial infrastructure due to development around the mining areas such as roads, electricity and water distribution. Managed properly, economic benefits from mining projects can benefit future generations,even after operations have ceased. For Lao PDR, rapid expansion of the mining sector is seen as vital to …

Sustainable Mining In Thailand: Paradigm Shift In Environmental Management, Saneh Niyomthai, Annuwat Wattanawan

Applied Environmental Research

Thailand'smining industry has always been considered as an industrial activity generating significant environmental burdens. This is because environmental management in the sectorwas given lower prioritycompared with economic benefits. The resulting adverse environmental effects in areas surrounding some mining areas required government interventions.Accordingly, the sustainable development of mineral resources requires a delicate balance of economic, environmental and societal considerations. To respond to this challenge, Thailand needs a paradigm shift in environmental management towards sustainablemining, in order to maximize benefits from exploitation of the mineral resources,whilst ensuring co-existence and mutual benefits of mining activities and their surrounding communities.This article seeks to provide …

Silicate As The Probable Causative Agent For The Periodic Blooms In The Coastal Waters Of South Andaman Sea, Karthik Raji, Arun Kumar Muthuraj, Gadi Padmavati

Applied Environmental Research

Periodic algal blooms of three diatom species such as Coscinodiscus centralis, Rhizosolenia alata andRhizosolenia imbricata were observedduringSeptember 2011, December 2011 and March 2012 in the coastal waters of South Andaman Sea at Junglighat bay area (11° 39 N and 92° 43 E). The blooms were intense, with Coscinodiscus at aconcentration of 89,000 cells mL-1(contributing 85 to 98% to the total phytoplanktonpopulation), Rhizosolenia alataat a concentration of 13,000 cellsmL-1(86-93%) and Rhizosolenia imbricata at aconcentration of 19,000 cells. mL-1(91-99%). Nutrients, most importantly nitrate and silicate have emerged as the key factors controlling phytoplankton growth in this area

Utilization Of Cellular Glass Insulation Waste In Construction Materials, Thitikorn Buasomboon, Orathai Chavalparit

Applied Environmental Research

This research investigated the feasibility of using cellular glass insulation waste as fine aggregate in concrete paving block production. The effect of mixing proportions of cellular glass insulation waste at 0-40% by volume was studied. Results show that the amount of cellular glass waste can be used as a substitute for fine aggregate or sand up to 20%. Concrete specimens tested for compressive strength were found to be within an acceptable range of the interlocking concrete blockpavingstandard set byThailand Industrial Standards Institute. The compressive strength at 28 d was 41.50 MPa, with density ranging from 2.18 to 2.20 g cm-3. …

A Collaborative Policy Analysis Of A Proposed Vernal Pool Regulatory Mechanism, Vanessa R. Levesque, Kathleen P. Bell, Aram J. K. Calhoun

Faculty Publications

No abstract provided.

Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the …

Toward A Jurisprudence Of The Civil Rights Acts, Robin West

Georgetown Law Faculty Publications and Other Works

What is the nature of the “rights,” jurisprudentially, that the 1964 Civil Rights Act legally prescribed? And, more generally, what is a “civil right”? Today, lawyers tend to think of civil rights and particularly those that originated in the 1964 Act, as antidiscrimination rights: our “civil rights,” on this understanding, are our rights not to be discriminated against, by employers, schools, landlords, property vendors, hoteliers, restaurant owners, and providers of public transportation, no less than by states and state actors, on the basis of race, gender, ethnicity, age, sexuality or disability. Contemporary civil rights scholarship overwhelmingly reflects the same conception: …

More Than A Feeling: Emotion And The First Amendment, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

First Amendment law has generally been leery of government attempts to change the marketplace of emotions—except when it has not been. Scientific evidence indicates that emotion and rationality are not opposed, as the law often presumes, but rather inextricably linked. There is no judgment, whether moral or otherwise, without emotions to guide our choices. Judicial failure to grapple with this reality has produced some puzzles in the law.

Part I of this Symposium contribution examines the intersection of private law, the First Amendment, and attempts to manipulate and control emotions. Only false factual statements can defame, not mere derogatory opinions. …

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client—Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers clients and …

Bulk Metadata Collection: Statutory And Constitutional Considerations, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The National Security Agency’s bulk collection of telephony metadata runs contrary to Congress’s intent in enacting the 1978 Foreign Intelligence Surveillance Act. The program also violates the statute in three ways: the requirement that records sought be “relevant to an authorized investigation;” the requirement that information could be obtained via subpoena duces tecum; and the steps required for use of pen registers and trap and trace devices. Additionally, the program gives rise to serious constitutional concerns. Efforts by the government to save the program on grounds of third party doctrine are unpersuasive in light of the unique circumstances of …

Governing For Health As The World Grows Older: Healthy Lifespans In Aging Societies, Lawrence O. Gostin, Anna Garsia

Georgetown Law Faculty Publications and Other Works

So much of global health governance focuses intensely on a brief moment in the human lifespan—from a safe birth to infant and child survival. Yet, with all the attention to this early window of life (infancy to age five), the opposite end of the life spectrum is comparatively neglected. The Millennium Development Goals (MDGs) do not mention a healthy lifespan or a healthy old age. This inadequate attention to the older years of the life appears to be a glaring omission given the universal challenges posed by aging societies. Aging is a demographic fact in almost all countries, but it …