| 1. |
|
|
| 2. |
|
|
| 3. |
- Arguello, Gabriela, 1983, et al.
(författare)
-
Regulation of ships at anchor: Safety and environmental implications
- 2022
-
Ingår i: Marine Policy. - : Elsevier BV. - 0308-597X .- 1872-9460. ; 140
-
Tidskriftsartikel (refereegranskat)abstract
- Ships waiting at anchor are associated with considerable environmental pressures and impacts. Growing and congested anchoring areas are receiving increasing scholarly attention to understand the environmental effects caused by large sea-going ships anchoring in coastal waters. While there is a lack of studies addressing the entire spectrum of environmental pressures and impacts from ships at anchor, ranging from scouring of the seafloor, operational emissions and discharges and waste from maintenance carried out while at anchor, it is well established that anchoring is associated with such pressures. This article takes a problem-oriented approach since there are potential cumulative environmental impacts of ships waiting at anchor. From both a public and private law perspective, we examine the legal structures and challenges associated with the regulation of ships waiting at anchor. We also analyze the public and private law factors that may limit the ability to prevent harmful anchoring practices. Our examination shows that while coastal states have significant jurisdictional powers to regulate anchoring in coastal waters, the current international regulatory framework addresses anchoring incidentally and lacks mechanisms for considering the cumulative impacts of anchoring. Furthermore, the incentives for ships to spend a considerable amount of time at anchor appear to differ substantially across different types of charterparties. Improved regulation requires better scientific knowledge, substantial mapping of legal structures, and a stakeholder survey providing a basis for the exploration of potential contractual practices that may reduce market incentives for anchoring.
|
|
| 4. |
-
EU Citizenship: Twenty Years On : Special Issue German Law Journal
- 2014
-
Samlingsverk (redaktörskap) (refereegranskat)abstract
- The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
|
|
| 5. |
- Langlet, David, 1977-
(författare)
-
Safe Return to the Underground? The Role of International Law in Subsurface Storage of Carbon Dioxide
- 2009
-
Ingår i: Review of European Community & International Environmental Law. - : Wiley. - 0962-8797 .- 1467-9388. ; 18:3, s. 286-303
-
Tidskriftsartikel (refereegranskat)abstract
- Carbon capture and storage (CCS) has been described as an indispensable element in fighting dangerous climate change. At the same time, the technology is associated with significant uncertainties and risks. Focusing on the geological storage of captured CO2, this article takes stock of ongoing processes for accommodating CCS in international law. It finds that the current approach to CCS is patchy and, partly, short on substance. It then attempts to establish to what extent a harmonized international approach to regulating CCS is called for and how it may be achieved.
|
|
| 6. |
- Langlet, David, 1977-
(författare)
-
Transboundary Transit Pipelines : Reflections on the Balancing of Rights and Interests in Light of the Nord Stream Project
- 2014
-
Ingår i: International and Comparative Law Quarterly. - 0020-5893 .- 1471-6895. ; 63:4, s. 977-995
-
Tidskriftsartikel (refereegranskat)abstract
- The Nord Stream project, which comprises two natural gas pipelines in the Baltic Sea, eminently illustrates several of the ambiguities that pertain to the ability of coastal States to regulate the laying and operation of transit pipelines in their exclusive economic zone and, conversely, the extent of the right of other States to carry out such activities. A highly significant issue is how seabed surveys undertaken in preparation for the laying of pipelines should be characterized, and thus regulated, under the United Nations Convention on the Law of the Sea. What is to be considered a ‘reasonable measure’ by a coastal State is another crucial issue which, together with the extent of the requirement for consent by the coastal State for any specific pipeline route, are decisive for defining the balance between potentially competing interests relating to submarine transit pipelines.
|
|
| 7. |
- Papadopoulou, Frantzeska, 1977-
(författare)
-
Supplementary Protection Certificates : still a grey area?
- 2016
-
Ingår i: Journal of Intellectual Property Law & Practice. - : Oxford University Press. - 1747-1532 .- 1747-1540. ; 11:5, s. 372-381
-
Tidskriftsartikel (refereegranskat)abstract
- Supplementary Protection Certificates (SPCs) were introduced in 1992, and have since been considered a very valuable tool for the pharmaceutical industry, allowing for market prolongation and compensating for the effective patent protection time lost in the process of market authorization.Over the past five years, numerous Court of Justice of the European Union (CJEU) rulings have attempted to interpret the provisions of EU Regulation 1901/2009 and provide clarity to patent holders as well as generics manufacturers as to the protection requirements and the scope of protection awarded. This article analyses the implication of major CJEU cases concerning the interpretation of Articles 3(a), 3(d) and 1(b) of the Regulation.The article also discusses the interrelation between the EU SPC Regulation, on the one hand, and the Market Authorization Regulation and the Market Authorization Directive, on the other, and compares the EU system with that provided by the USA. An analysis of recent case law reveals that now, some 25 years after the entry into force of the Regulation, the system is still obscure. A serious concern also arises as to whether the system as it stands today is simply inappropriate to the protection of modern pharmaceuticals and whether this is also one of the reasons for the growing volume of case law in the field.
|
|
| 8. |
- Perry, Elizabeth, Dr. 1975-
(författare)
-
Swedish Chapter
- 2024
-
Ingår i: Just Parent - Legal Protection for Social Parenting Handbook. - Modena : Mucchi Editore. - 9791281716025 ; , s. 191-277
-
Bokkapitel (refereegranskat)abstract
- The Swedish chapter of this Handbook aims to summarize and critically analyze relevant law and practice in Sweden as of early 2024 concerning social parenthood, a topic being investigated in light of EU-level efforts to harmonize or otherwise minimize discrimination against certain EU citizens, be they parents or children, due to the social instead of traditional biological basis of their parent-child relationship.It analyzes the Swedish legal concepts of parenthood, family, social parenthood and de facto parenthood, how parenthood is established (by automatic operation of Swedish law, by consent or intention such as in situations of confirmation of parentage, adoption, and medically-assisted reproduction) as well as ways that current law and its application, including in cross-border cases such as those in which recognition of foreign-issued parenthood-related documents is sought, can lead to discrimination and its negative consequences for children and parents. As the Handbook's Policy Recommendations explain,"Social parenthood is an umbrella term used to describe the relationship between a person assuming parental status or parental responsibility anda child, in the absence of a genetic, biological, and gestational contribution between the former and the latter. The category includes all forms offiliation resulting from the various types of adoption, including stepchildadoption, as well as filiation resulting from donor-gamete-based medically-assisted reproduction, medically-assisted procreation (MAP) using acouple’s own gametes, surrogacy, post-mortem procreation (use of gametes after a natural parent’s death), adoption of embryos, and heterologousMAP by mistake (switched gametes at the lab resulting in a child not biologically related to the intended parents)."Social parenthood further includes functional/de facto parenthoodby adults in actual parenting roles with a child and parenthood foundedon informed consent more generally. In the free-movement context, itincludes cases in which certain countries provide legal status to a parentchild relationship while in other states the parent and child are treated as“legal strangers”."By including the concept of social parenthood in legal regulation of thefamily, such legal harms can be avoided and more emphasis can be placedon what is central for the child: enduring care for the development of theidentity of the child, in coordination with the document “EU strategyon the rights of the child”. The approach is supported by research findings from the studied jurisdictions that document existing rules of domestic law aimed at the preservation of a social parent-child relationship, thatis to say a non-biological status filiationis for the protection of the bestinterest of the child. The term is highly relevant to EU legal developmentbecause it includes both the above-described non-biologically-based formsof parenthood/filiation based on national law and the filiation status thatcirculates between EU Member States and in cross-border cases between EU and non-EU countries."
|
|
| 9. |
- Chapron, Guillaume, et al.
(författare)
-
What is an emergency? Neonicotinoids and emergency situations in plant protection in the EU
- 2022
-
Ingår i: AMBIO: A Journal of the Human Environment. - : Springer Science and Business Media LLC. - 0044-7447 .- 1654-7209. ; 51, s. 1764–1771-
-
Tidskriftsartikel (refereegranskat)abstract
- Actions potentially harmful to the environment that are otherwise illegal are sometimes permitted in cases of emergency. How to define an emergency can therefore be both controversial and highly consequential. In this article, we explore one such contemporary controversy: when the use of neonicotinoid pesticides, banned in the EU, can nevertheless be granted an emergency authorization. We analyse several questions, currently before the EU Court of Justice in the ongoing Pesticide Action Network Europe and Others case, that will determine the scope of an "emergency" in the context of derogating from the Pesticide Regulation, and that may impact how "emergencies" are defined in other legal contexts. We argue that the circumstances do not support a legal finding that emergency authorization is justified in this case, and that, in general, "emergencies" must be narrowly defined when justifying measures that involve risks to human health and the environment.
|
|
| 10. |
- Mindus, Patricia
(författare)
-
What Does E- add to Democracy? : Designing an Agenda for Democracy Theory In the Information Age
- 2014
-
Ingår i: Transforming Politics and Policy in the Digital Age. - Hershey, PA : IGI Global. - 9781466660380 - 1466660384 - 9781466660397 ; , s. 200-223
-
Bokkapitel (refereegranskat)abstract
- Technologies carry politics since they embed values. It is therefore surprising that mainstream political and legal theory have taken the issue so lightly. Compared to what has been going on over the past few decades in the other branches of practical thought, namely ethics, economics, and the law, political theory lags behind. Yet the current emphasis on Internet politics that polarizes the apologists holding the Web to overcome the one-to-many architecture of opinion building in traditional representative democracy, and the critics who warn that cyber-optimism entails authoritarian technocracy has acted as a wake up call. This chapter sets the problem, “What is it about ICTs, as opposed to previous technical devices, that impact on politics and determine uncertainty about democratic matters?,” into the broad context of practical philosophy by offering a conceptual map of clusters of micro-problems and concrete examples relating to “e-democracy.” The point is to highlight when and why the hyphen of e-democracy has a conjunctive or a disjunctive function in respect to stocktaking from past experiences and settled democratic theories. The chapter's claim is that there is considerable scope to analyse how and why online politics fail or succeed. The field needs both further empirical and theoretical work.
|
|
