Space activities are increasingly undertaken by private companies. Space law, however, was mainly developed in the beginning of the space age, at a time where space activities were predominantly state activities. The rules that developed were thus focusing on the duties of states and concerned private entities only through the intermediary of states. / This thesis explores the applicable principles of space law and of the international law of responsibility. Taking into account the recent practice of private companies engaged in space business, the work also focuses both on its impact on the responsibility and liability regime as well as on the legal efficiency of the links between private entities and states. / In conclusion, the thesis makes several recommendations to improve the responsibility regime for space activities.

At a time of reorganization for certain socio-economic paradigms within the Province of Quebec, the public-private duality is in need of a competitive and sustainable collaboration in order to promote and ameliorate public services, provide more controlled levels of risk and lower initial investment costs in such projects. The concept of a public-private partnership is born from a necessity to adapt the structure of the existing systems to better serve the modern demands of users, to replace old and inefficient infrastructures as well as to abet prohibitive financial considerations of the Province of Quebec. Under which circumstances and to which degrees would the private partner in a public-private partnership, having become the custodian of a project serving primarily private interests, be responsible to absorb the risks transferred by the Province of Quebec to the partnership? How can it be assured that the protection of the public interest and inextricable public values links of the public partner are preserved in a public-private partnership? / This thesis is structured into three sections. In the first chapter, we analyze the concept of public private partnerships and the parameters that circumscribe to it. This analysis deals with public services and the public interest. The second chapter defines the concept of accountability while outlining various traits of accountability which may be associated with each member of a public-private partnership as well as with the partnership itself. A more pointed examination then discusses the pitfalls of current systems of accountability within the public-private framework. / Finally, we examine the notional values that the current control mechanisms contribute to a public-private partnership. This analysis indicates that a series of new and renewed control and accountability mechanisms is needed to manage the various idiosyncrasies of a public-private partnership while congruently promoting a balance of interest and vision between the partners of a public private partnerships.

This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of breach is a fundamental part of what it means to make a promise. Hence the rules of remoteness are merely a specialised application of the general legal principles that are used to discover the unexpressed part of an agreement. These legal principles can be seen in operation in the implication of terms and the interpretation of expressed terms.

This dissertation addresses the question of liability for oil spills emanating from offshore installations, beginning with an analysis of international law, specifically international customary law, global conventions and regional agreements. Following the analysis of the present international law, a number of proposals are considered in motivation of a global convention specifically addressing offshore platforms. Key areas addressed are the scope of the proposed convention, the standard of liability imposed, the quantum of liability suggested, financial security measures, dispute resolution proceedings and alternatives to a global convention. Legal instruments discussed in this portion include the United Nations Law of the Sea Convention, the International Convention on Civil Liability for Oil Pollution and a number of global and regional legal instruments. This discussion will also draw analogies with the nuclear compensation regime in motivation for strict liability between States. The domestic legal framework of the United States of America and South Africa are discussed and contrasted. The primary federal marine pollution legislation of the USA, the Oil Pollution Act of 1990, is compared to South Africa’s Marine Pollution (Control and Civil Liability) Act 6 of 1981 in order to determine which provisions are successful and which ought to be amended or supplemented. Other sources of South Africa law considered include the National Environmental Management Act 107 of 1998, the Maritime Zones Act 15 of 1994, the Admiralty Jurisdiction and Regulation Act 105 of 1983 as well principles of South African common law. The objectives of this research are to identify all the international and domestic legal instruments that are applicable to offshore platforms, critically evaluate their provisions and propose realistic amendments and instruments that resolve any lacunae or weaknesses that are identified. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

No description available.

In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.

The notion of foreseeability is at the heart of contracts and is based on the notion of corrective justice with a normative content. The quantum of damages should represent the obligational content of the contract. The analysis of foreseeability shows the importance of reasonable expectations and implied obligations. The notion brings to light criteria which are congruent with the criteria of certainty and predictability underlying the rule of law.

Univ., Diss.--Göttingen, 2005. / Literaturverz. S. 245 - 276.

Diss.--Rheinischen Friedrich-Wilhelms-Universität, Bonn, 2006. / Includes bibliographical references (p. [223]-240) and index.

Thesis (doctoral)--Universität Greifswald, 1903. / Includes bibliographical references (p. [7]-8).