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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
341

The evolution of global airlines : the role of airline mergers, franchises and alliances in the re-development of international air transport regulation

Racic, Milan A. January 1996 (has links)
Air transport is by its very nature one of the most international of economic activities. However, until fairly recently, its regulatory framework has been premised on an overriding nationalism developed and maintained on the basis of the following: substantial ownership and effective control provisions found in national legislation and most bilateral air transport agreements; restrictions on cabotage found in national legislation, most bilateral air transport agreements and Article 7 of the Chicago Convention; and the related national restrictions on the right of establishment applicable to national carriers. / However, as the international component of the air transport industry has grown in importance, the tenets underlying this restrictive regulatory system are increasingly coming into question. This thesis examines the development of international airline co-operation and integration, namely by way of mergers, franchises and alliances, in the face of the existing regulatory obstacles. It examines the legal impediments to, the form of, and the costs and benefits of each of these integrative methods and their various derivatives. Finally, it traces the regulatory responses to these integrative activities, and explores the possibility and methodology of creating a truly global airline, both in form and in function.
342

Commercial rights in International Air Transport and their regulatory regime on the eve of the twenty-first century : a diabolic issue?

Andriotis, Dimitri January 1993 (has links)
Bilateralism, as implied by the unsuccessful multilateral attempt of the Chicago Conference, is the regulatory framework of international air transport's economic side. / Yet, the question arises as to whether this system still constitutes a valid model. The scope of the present essay is then to examine the variant theoretical alternatives in their ability to liberalize such a conservative approach. / In the light of the geopolitical cleavages of the end of the century, it seems that this system will survive, in spite of its numerous shortcomings and alleged obsolescence. / Hence, it will have to be considered by any liberalizing trend, as it still is the better balanced compromise to cope with the growing interdependence of the international community.
343

Impact of the EC single market on the relations between the EC and Korea

Maeng, Sung Kyu January 1993 (has links)
At present European air transport is undergoing radical changes as a result of the liberalization measures taken by the European Community. The traditional system, characterized by nationalism, protectionism, and bilateralism, which prevented true competition and protected national carriers, has broken up. The creation of a common air transport policy for the Community has important implications for relationships between Member States and third countries. / The world airline industry is very much concerned by the emergence of a series of new principles and laws affecting the international air transport of third countries, such as the principle of non-discrimination, freedom of establishment, freedom of services, and EC competition law. Korea, which has fewer bargaining tools to attract the EC air carriers, must understand correctly the present changes in the air transport field of the EC and try to seek its own possible strategies.
344

A comparative study of Chinese laws relating to Maritime liens

Liu, Zhong, 1952- January 1994 (has links)
In response to the increasing maritime litigations that come along with the rapid growth of foreign trade in recent years, China opportunely adopted its Maritime Code and the Special Rules. This is certainly a significant progress in Chinese maritime legislation because for a long time neither a practical, substantive law for maritime disputes nor an appropriate procedural law for admiralty litigation was available in China. The Chinese courts had to deal with maritime disputes mainly by seeking reference from the general principles of relevant international practices. To improve this situation, the adoption of the Chinese Maritime Code and the Special Rules is undoubtedly long awaited by both Chinese legal regime and the international maritime law society. / Nevertheless, as China's maritime legislation is still in its early stage, the imperfection in its drafting, the inadequacy of its judicial consideration and the inconsistency between its admiralty practices are virtually inevitable. In a comparative sense, in order to further improve the maritime law regime, China might well draw some beneficial references from the experience of the admiralty practice in some other legal systems. / This thesis commences with a brief historical review of maritime lien laws. It then proceeds to evaluate the Chinese substantive laws relating to maritime liens. Finally, the thesis attempts to address the procedural issues in the enforcement of maritime liens.
345

Legal implications of mobile communication systems in Low Earth Orbits (LEOs)

Logie, André N. January 1996 (has links)
The world of telecommunications has dramatically evolved these last few years. With the wind of liberalization blowing, private companies are playing a new role in an area where monopolistic public entities had always imposed their rules. New technologies are now opening broad perspectives which were even not forecast a few years ago. In only ten years, mobile communication systems have witnessed three different technologies and are now integrating the latest concept, satellite mobile communications called S-PCS (Satellite Personal Communication Systems, which is the faculty of being contacted at anytime, anywhere). / New players are emerging from the United States and tend to impose their predominance to the world. With the award of a licence to operate by the Federal Communications Commission to them, three US companies have gained a headstart, which only one non-US company, Inmarsat ICO, seems capable to challenge. However, in order to achieve the global communications era of S-PCS, they will have to overcome implementation barriers such as the authorization to operate on a worldwide basis. / Countries are not ready yet to relinquish their sovereignty on telecommunications and each company will have to be licensed in each country to be able to provide their service. / If they can implement these new technologies, the new systems will definitely dominate the international mobile communication era for the next ten years.
346

Les accords de cooperation union europeenne/Etats-unis en matière de concurence : vers une internationalisation du droit de la concurrence?

Berg, Alexandra, 1973- January 1999 (has links)
The different "rounds" of Multilateral Trade Negotiations have achieved, years after years, to reduce and remove traditional trade barriers such as tariffs and quotas, as well as non-tariff barriers. As tariffs came down and quotas increased or totally disappeared, traders who wanted to use the new trade opportunities ran into the trade impeding effects of domestic rules and procedures that, even if do not formally discriminate between imported and domestically produced goods, may still create trade barriers. / Recently, trade negotiators have therefore come to see differences between the national laws of trading partners as possible sources of non-tariff barriers, and started to focus on competition laws in particular. An harmonization of competition rules would avoid barriers resulting from divergences between these rules and would avoid their extra territorial applications. / At the same time this idea emerged in the International community's mind, two of the main trade and economic partners decided to use the bilateral way to start a real cooperation on the competition field. The European Community and the United States of America entered into an Agreement in 1991, completed by second one in 1998. These two agreements have been applied for a few years now and have been effective in many ways, but have also shown their limits. / Therefore, the focus is now standing on multilateral solutions and partners have started to consider the idea of "internationalizing" competition laws and policies but, to achieve that goal, many problems will have to be resolved first, such as deciding which international organisation is going to be in charge of competition matters and what set of rules is going to be applied by this organisation. / This Thesis analyses this process and tries to bring a few answers to those difficult and delicate questions involving not only legal, but economical, political and diplomatic issues.
347

Whether APAs are a long term solution to transfer pricing disputes?

Shourie, Arunachal. January 2002 (has links)
Transfer pricing is an area of major concern for tax administrations. The growth of multinational enterprises and an increase in cross border transactions has highlighted the significance of a regulated transfer pricing system. However, this regulated system imposes high penalties for improper transfer pricing. To reduce the risk of high transfer pricing penalties, multinational enterprises have resorted to advance pricing agreements with tax administrations. These agreements, though, are not a simple solution to reduce the risk of penalties. The process of executing these agreements carries with it the major drawback of information disclosure. / Given this drawback, the APA programs in the United States and Canada, as they stand today, are not long term solutions to transfer pricing disputes which arise out of improper transfer pricing or improper adoption of transfer price determination methods.
348

Lawful measures of retaliation in international air law

Jaeger, Kurt January 1989 (has links)
Unilateral remedies such as non-forcible reprisals, counter-measures and sanctions remain prevalent means of enforcement in international aviation relations. They are largely unregulated by international treaty law. The Tribunal in the Franco-American Air Services Arbitration of 1978, however, demonstrated that general international law has developed certain restrictions on the use of unilateral counter-measures. The emergence of new principles is also evident in the draft of the International Law Commission on State responsibility. / In an effort to combat unlawful interference with international civil aviation, an increasing number of States have expressed their willingness to take concerted counter-measures against offending States. ICAO is the logical forum for discussion and resolution of aviation matters of world-wide concern and should, therefore, act as a fact-finding body and/or dispute settlor in cases of controversy. States should also be more willing to resort to arbitration as provided for in their aviation agreements and should address explicitly the problem of enforcement when negotiating future air law treaties.
349

The application of the concept of "common heritage of humankind" to the protection of the global environment : our response of public international law to global environmental threats

Berrisch, Georg Matthias January 1991 (has links)
The world faces an environmental crisis which can only be resolved through global co-operation and solidarity. Traditional international environmental law, based on the positivist notion of sovereignty, cannot offer adequate solutions. International environmental law must be based on a global approach founded on the notion of a common concern of humankind. This global approach has to provide a legal framework for the protection of the global environment. But it also must take into account the diverging needs and expectations of the different states. Furthermore, it must be realistic and cannot simply demand the replacement of sovereign states by a world government. The Common Heritage of Humankind concept, developed to regulate the use of common-space areas, is based on the notion of solidarity and the duty to co-operate. It can be applied mutatis mutandis to the protection of the global environment.
350

The evolving international regime of trade in financial services under the auspices of the GATT /

Weber, Christoph January 1992 (has links)
This thesis is designed to verify the potential for an efficient multilateral agreement on trade in financial services. / After reference to the prevalent types of regulatory barriers and protectionist behaviour, the study analyzes those trade concepts and principles that are of particular importance and relevance to the financial services sector. / A detailed comparison of national submissions for a draft agreement and schedules of market opening commitments from various developing and developed countries subsequently attempts to demonstrate the remaining discrepancy between controversial and often abstract attitudes. / Despite the undeniable influence of the individual level of development and competitiveness, the thesis concludes that the successful fate of the Uruguay Round negotiations on financial services depends primarily on the sincere willingness of all parties to reach a beneficial compromise.

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