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The Interaction Of Public And Private Enforcement Of Competition Law In Lithuania, Rimantas Antanas Stanikunas, Arunas Burinskas

Yearbook of Antitrust and Regulatory Studies

This paper provides a study of the interaction between public and private enforcement of Lithuanian antitrust law. The study refers to the Damages Directive. It has been found that private enforcement depends greatly on public enforcement of competition law. Therefore, their compatibility and balance are of great importance to antitrust policy. The Lithuanian NCA prioritises cases where an economic effect on competition does not have to be proven. This creates uncertainty about the outcome of private enforcement cases. Private enforcement in Lithuania is also in need of detailed rules on the identification of harm and causality. The analysis reveals how …

Directive On Antitrust Damages Actions And Current Changes Of Slovak Competition And Civil Law, Ondrej Blazo

Yearbook of Antitrust and Regulatory Studies

Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages Directive is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether …

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …

Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah

Indonesia Law Review

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …

Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif

Indonesia Law Review

Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.

Review Of The Capacity Of The Implementation Of Ballast Water Management Convention In Sri Lanka As Flag State, Port State And Coastal State, Thalatha Sreeni Ranasinghe

World Maritime University Dissertations

No abstract provided.

Potentiality Of A Shipbuilding Industry In South Africa : Regulation Or No Regulation, Khethukuphila Sabelo Ngubane

World Maritime University Dissertations

The shipbuilding industry is undoubtedly critical for the economic growth with the offshore market still proving to be the increasingly important market segment of the industry. The industry is labour and capital intensive. The shipbuilding’s ability to contribute towards economic growth enables developing nations to create new job opportunities for local citizens, and as a result reducing poverty. South Africa is a developing nation that is faced with a high unemployment rate of 25%, and has identified the ocean economy as a potential driver to stimulate and sustain economic growth through the marine transport manufacturing industry. However, recent figures in …

Limitation Of Liability For Maritime Claims : A South African Perspective, Wandile Zondo

World Maritime University Dissertations

The dissertation is a study of the South African limitation of liability for maritime

claims regime in relation to the International conventions on the subject. South

Africa is not a party to the limitation of liability international conventions. South

African limitation legislation is considered and compared to the International

conventions on certain aspects.

Judicial perspectives of certain aspects in relation to the concept of limitation of

liability, like, inter alia, onus of proof, conduct barring limitation and forum

shopping are discussed. In the South African limitation regime, shipowners can

discharge the onus by proving an absence of fault or privity. …

South African Owned Shipping And Potential Benefit For South Africa : A Ship Owners’ Perspective, Tebogo Gift Mabiletsa

World Maritime University Dissertations

No abstract provided.

The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile

World Maritime University Dissertations

No abstract provided.

An Analysis Of Fisher Practices And Attitudes Towards Marine Resource Management And Regulations In St. Kitts And Nevis /, Queeley Maritza

World Maritime University Dissertations

No abstract provided.

Seafarer Training In Somalia As A Deterrent To Piracy, Koki Matsushima

World Maritime University Dissertations

No abstract provided.

Private Ownership Of Shipping Lines In Ghana : The Challenges And The Way Forward, Priscilla Akua Afful

World Maritime University Dissertations

Private Shipping Line is a business venture in the shipping industry that Ghana cannot boast of as compared to the ports in the country and as such the research seeks to delineate the challenges associated with private ownership of shipping lines in Ghana and the way forward towards the future.

An account is given on the challenges of private ownership of shipping lines which takes into consideration the challenges faced by the national shipping line which led to its demise. Policies made by government are assessed and examined to determine their effects on private entities. A number of solutions are …

Marine Regional Planning Measures To Improve The Sustainability Of The Seaflower Mpa In The Colombian Caribbean Sea/, Sergio Ivan Rueda Forero

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Implementation Of Flag States Obligations In Indonesia A Case Study For Flag State Performance, Syafiuddin Syafiuddin

World Maritime University Dissertations

No abstract provided.

Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein

World Maritime University Dissertations

The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …

A Proposal To Regulate The International Contract Of Logistics Services Door-To-Door Including A Sea Leg, Claudia Cristina Mesa

World Maritime University Dissertations

No abstract provided.

The Impact Of Governance Structure On The Port Performance : A Case Of Durban Port, Tshepiso Mokone

World Maritime University Dissertations

No abstract provided.

Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief

Indonesia Law Review

Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …

Identification Of Arabidopsis Gpat9 (At5g60620) As An Essential Gene Involved In Triacylglycerol Biosynthesis, Jay Shockey, Anushobha Regmi, Kimberly Cotton, Neil Adhikari, John Bowse, Philip D. Bates

Faculty Publications

The first step in the biosynthesis of nearly all plant membrane phospholipids and storage triacylglycerols is catalyzed by a glycerol-3-phosphate acyltransferase (GPAT). The requirement for an endoplasmic reticulum (ER)-localized GPAT for both of these critical metabolic pathways was recognized more than 60 years ago. However, identification of the gene(s) encoding this GPAT activity has remained elusive. Here, we present the results of a series of in vivo, in vitro, and in silico experiments in Arabidopsis (Arabidopsis thaliana) designed to assign this essential function to AtGPAT9. This gene has been highly conserved throughout evolution and is …

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Designing A 21st Century Corporate Tax – An Advance U.S. Minimum Tax On Foreign Income And Other Measures To Protect The Base, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

The 21st Century has seen unprecedented levels of corporate tax aggressiveness and avoidance. This article continues our exploration of second best international tax reforms that would protect the U.S. corporate tax base and have some likelihood of adoption. In this case, we consider how a U.S. minimum tax on foreign income earned by a controlled foreign corporation should be designed to protect the United States against erosion of its corporate income tax base and to combat tax competition by low-tax intermediary countries. In the authors’ view, a minimum tax should be an interim levy that preserves the residual U.S. tax …

Modelling And Simulation Of Surface Plasmonic Resonance In Photonic Crystal Fiber / Rifat Ahmmed Aoni, Ahmmed Aoni Rifat

Student Works (2010-2019)

Surface Plasmon Resonance (SPR) refers to the coupling between the electromagnetic wave and the surface plasmonic wave (SPW) on the surface between a metal and a dielectric medium. Since last decade, the SPR behavior is widely applied in prism based SPR sensor, which is bulky and not suitable for remote monitoring applications. To overcome this limitation, photonic crystal fiber (PCF) based SPR sensor had attained great attention with the advantages of easily launching light through the fiber, small-size and design flexibility. To establish the SPR phenomena, metal deposition is necessary. Nowadays, in most of the PCF-SPR sensors, metal is selectively …

Benjamin Arriaga, Petitioner And Appellant, V. State Of Utah, Respondent And Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Charlene Barlow, District Court No. 120404690

Mr. Arriaga is currently incarcerated.

ORAL ARGUMENT REQUESTED

State Of Utah, Appellee, V. Victoria Fanton, Appellant : Reply Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a jail sentence as a term of probation on convictions for second-degree felony robbery and third-degree felony possession of a controlled substance in the Fifth Judicial district, Iron ocunty, the Honorable Keith C. Barnes presiding

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.

One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü

Journal of Civil Law Studies

No abstract provided.