Foreign arbitral awards should be recognizable and enforceable. However, this is not always the case; they are recognizable and enforceable in some countries but not in others. Those countries that recognize and enforce awards are mostly developed countries, whereas those which do not are mainly developing countries. / This study compares and contrasts the recognition and enforcement of foreign arbitral awards in developed and developing countries with a view to discovering why they are recognizable and enforceable in some countries but not in others. In this study, the United States is representative of the developed countries, while Indonesia represents the developing countries. / Three factors determining whether or not foreign arbitral awards are recognizable and enforceable are identified in this study. They are the availability and adequacy of the legal framework, the attitude of the business community, and the attitude of the courts. The inquiry, accordingly, focuses on an examination of those factors in both countries. The examination reveals that the third factor is the determining element regarding the recognition and enforcement of foreign arbitral awards.

The aviation industry, by its very existence, has a tremendous impact on the global economy. As an integration of economic interests and international prestige, aviation triggers a large number of disputes and disagreements. This dissertation examines the regulatory aspects of international air transport disputes. / Chapter one acknowledges the existence and nature of international aviation disputes in its scope and, more importantly, recognizes some of the many causes of conflicts arising from such disputes. / The second chapter reviews chronologically dispute resolution attempts and analyses their effectiveness. Further, it examines the international bodies, governing treaties, and the available machinery for the resolution of aviation disputes. / The third chapter distinguishes the most influential multilateral and bilateral treaties in the field of aeronautics and presents the solutions for settlement of disputes promoted by ICAO. / Chapter four includes the variety of procedures found in international agreements on aviation and the examination of political, legal and economic means as the mechanisms for the settlement of disputes. / Chapter five establishes the recent proposals for the improvement of the current procedures governing the settlement of aviation disputes. Hence, it includes an analysis of the legislative measures of the European Union, the regulations of the World Trade Organization and the norms of North American Free Trade Agreement; all in view of their competence in resolving air transport conflicts. / The conclusion is a summary of the structure and the function of the existing aeronautical dispute settlement system and its future developments.

This thesis undertakes a critical assessment of a very topical and highly debated question in the development of EU competition law: does the European Merger Control Regulation apply to concentrations that result in collective (or joint respectively oligopolistic) dominance? And, if so, under what conditions? / The study suggests that the Merger Control Regulation does, indeed, cover cases of collective dominance. It recommends, however, that a proposed transaction should only be blocked on grounds of collective dominance if it raises substantive doubts that the transaction will create an anti-competitive market structure (like, for example, the Gencor/Lonrho case). Should the doubts not attain the required level, then a two-stage approach is suggested. The first stage would have to screen the proposed transaction as being reasonably capable of guaranteeing a competitive environment (despite the initial doubts as to the collective dominance issue). The second stage would be opened only if the Commission has legitimate reasons to believe that the firms concerned are effectively involved in either concerted practices (Art. 85 EEC Treaty) or in a collective abuse of a dominant position (Art. 86). Interestingly, the Commission seems to have adopted a similar approach in some of the latest border-line cases. After an extensive analysis of the landmark decision Nestle/Perrier, this thesis finds that the described two-stage approach would also have been appropriate in this case.

More and more frequently, incidents caused by passengers occur on board commercial aircraft. Disruptive passengers behaviour varies from case to case. They can consist for example in being abusive towards crew members or other fellow passengers, in refusing to follow safety instructions or even in committing acts of violence against persons on board. All these behavioural patterns often jeopardize aviation safety. Airlines have recently become aware of the seriousness of this phenomenon and of the danger it can be for safety. ICAO itself has put a study group in charge of evaluating the situation and making suggestions. The following study analyses at first the answers given to the problem of disruptive passengers by the international conventions related to aviation safety while pointing out that these solutions yet contain serious loopholes. It then examines the question of the airlines liability resulting from acts committed by disruptive passengers and, briefly, the disruptive passengers liability towards the victims of their acts. / Finally, after a brief overview of the solutions given by U.S. law, the following study addresses the question of the need of a new international instrument.

The thesis argues for holding the United Nations responsible for violation of rules of self-determination in the same manner it has been responsible for infringement of humanitarian norms. The position stems from the decision of the International Court of Justice that held the United Nations has duties corresponding to its rights. By the analogously application of the rules of state responsibility, the United Nations is responsible for breach of rules of self-determination in the de-colonization process of Eritrea. The responsibility of the organization emanates from an imposition of a lopsided resolution. The resolution gave more weight to political and strategic interests while setting aside 'genuine and free will' of the people of Eritrea. The United Nations is also responsible for omission of its duty when Ethiopia abrogated the federal scheme in violations of international law. The thesis concludes by saying the world organization has legal and moral duties to make reparation to the people of Eritrea.

This Thesis is divided into three parts. First, it discusses the international setting of satellite communications, presenting the diversity of their legal regimes. It then addresses, in two subsequent parts, the two major regulatory markets which are moulding the evolution of the international setting of space-based communications. In a second part, it presents North-America which was the inceptor of the deregulation trend and of the LEO systems and which firmly holds the lead of the regulatory trend. Then, it addresses Western Europe which is attempting to exert a part of the control of the evolution of the LEO lion's share in a context of US regulatory and technical dominance. / The outcome of this Thesis is multifold. The accent is given all along on the changes affecting the regulatory environment of space-based communications within space-law concepts and stresses the dominant relationship between state regulators and their corporate partners, with a constant questioning on the leeway that seems to characterise the evolution of the law of space applications. (Abstract shortened by UMI.)

The documentary credit or letter of credit is and has been for many centuries a fundamental instrument of international commerce. The characteristics of simplicity of use and of legendary reliability found in this mechanism of payment have induced the parties involved in world trade to use it as a guarantee to the execution of all kinds of legal obligations such as the full completion of construction work, financing, payment of customs duties or taxes, judicial bonds and even promises of marriage. / This master's thesis specifically concerns letters of credit used as a guarantee which are called in the trade "stand-by letters of credit". The first title presents the instrument in a practical context illustrating its principles with examples. The second title examines the legal aspects as such of the stand-by letter of credit while trying to circumscribe the nature of the instrument in law. Finally, in the third title, the cases where the functions and integrity of the instrument are tested are studied thereby identifying the legal strength of stand-by letters of credit recognized by the courts of different jurisdictions. / This study has enabled me to discover that this instrument is not as well suited to be a guarantee than it is to be a payment mechanism. In fact, its principles of function which are assets when used as a payment can become sources of flagrant injustice in the eyes of courts of certain jurisdictions when used as a guarantee.

In just three decades of human exploration and utilization of outer space, an unwanted legacy of thousands of artificial space debris has been left behind. / The purpose of this thesis is to analyse the appropriate technical aspects of the artificial space debris issue and to explore the legal ramifications of the question. / The first chapter is devoted to the technical aspects and covers topics such as the origins and location of artificial space debris, the hazards they constitute, the anticipated damage that might be caused by such debris and the likelihood of its occurrence. / In the second chapter, the legal aspects are explored by first looking at space law generally. A brief historical perspective of space law as well as the role of the United Nations in the making of space law is offered. Space law as it relates to the space debris issue is then analysed by first trying to define terms such as "space object", "component parts" and "space debris". Particular emphasis is then placed on issues like jurisdiction and control over space debris, international responsibility for space debris, their identification and, finally, liability for damage caused by space debris.

Just as the actions of individuals often conflict with the legally protected interests of others, States may embark on activities which jeopardize the integrity of other States' rights. The new relationship evolving between the risk-creators and the potential victims is governed by social responsibilities as well as rules of law. / In the first part of the thesis, the concept of responsibility for internationally wrongful acts is contrasted with that of liability sine delicto. The examination seeks to define the principles upon which each is based and to determine the respective legal significance, scope and applicability. The analysis of both concepts is guided and influenced by the work of the International Law Commission. / The second part focusses on the law of outer space. A scrutiny of the relevant norms reveals which stage of development this fairly new subdivision of international law has reached with regard to responsibility and liability.

The European Organization for the Safety of Air Navigation (Eurocontrol) was created in 1960 for the centralization and harmonization of air traffic control, to meet the new requirements of increasing air traffic. The primary functions of Eurocontrol were modified because of the reluctance of several European member States to transfer their control on ATC. But air traffic was still increasing and is deemed to increase until the next century. The problem remains unsolved. Today, a new political trend in favor of Eurocontrol is emerging. This trend is shared by most of the European States as well as other organizations as the European Community and the European Civil Aviation Conference. / The main legal aspects of Eurocontrol are analysed in this thesis, as well as its cooperation with other organizations involved. Eventually, the future of Eurocontrol is analyzed with respect to future air navigation systems (FANS) based on satellite technology.