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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.
321

The application of emerging principles of international environmental law to human activities in outer space /

Baker, Howard A. (Howard Allan) January 1996 (has links)
This thesis proposes a legal regime for the environmental protection of outer space. The proposed regime aims to avoid the shortcomings of current environmental protection practices based on human self-interest by placing emphasis on respect for all of nature. Chapter I describes the physical parameters of human space activities, with an emphasis on near-Earth space, the Moon, Mars and Venus. Chapter II proposes the biocentric (life-centred) moral perspective as a rational basis for international environmental law on Earth and in outer space. Chapter III deals with four basic principles of international environmental law, which are analysed in order to develop a biocentric approach when addressing environmental issues on Earth and in outer space. Chapter IV describes existing principles and techniques of biosphere management and proposes a strategy of biosphere risk assessment for managing ecosystems according to the biocentric perspective. Chapter V analyses current international space law to ascertain what restrictions, if any, environmental principles of that law may impose on the biocentric approach to management of the planetary environment. Chapter VI proposes a protocol to the Outer Space Treaty designed to protect the planetary environment from harmful human space activities. Chapter VII applies the techniques of biosphere risk assessment to the hazards posed by space debris, the first major environmental problem in outer space arising from human activities.
322

La politique commune des transports routiers de marchandises /

Lavenne, Frédéric January 1989 (has links)
The Single European Act's purpose is to set up a single free trade area by the 1st of January 1993 where there would exist a freedom of movement of persons, goods, services and capital. But such a purpose requires a certain degree of harmonization in many fields, among them the economic field. First and foremost the adoption of a common policy in the sphere of transport as defined in the article 3 of the Treaty of ROME will be necessary. / Because the task was so huge and difficult, the common policy for road transport of goods encountered real problems. But the European Communities soon realised that transport was the prime issue if they wanted to succeed in the establishment of a free trade area.
323

EEC air transportation law and its implications for the member states : focus on Italy

Pizzino, Alessandro January 1990 (has links)
Recent years have seen major developments in the way commercial civil aviation is dealt with worldwide. / As 1992, the target date for the completion of the internal market rapidly approaches, a common air transport policy is slowly taking shape in the European Economic Community. In order to allow the EEC air transport industry to adapt progressively to the new competitive environment, a two-tier liberalization process is being pursued. / The second phase of the process has already commenced. Difficulties are being faced: on the one hand, the EC Commission is firmly determined to push for further liberalization; on the other hand, however, Member States are still reluctant to give up control over the airline industry. / Whether a common Community air transport system will be attained by the end of 1992 necessarily depends upon each EEC Member State's political will to contribute effectively to the process of European integration.
324

Legal aspects of private launch services in the United States

Kayser, Valérie January 1991 (has links)
The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.
325

Use of weapons against civil aircraft : case study of IR655 in the light of international law

Jabbari Gharabagh, Mansour January 1992 (has links)
Iran Air Flight 655 was terminated by two missile attack on July 3, 1988. The aim of this study is to analyze the aeronautical incident of July 3, 1988 (IR655) from the point of view of general international law and air law. Specific attention is given to the consideration of the case by the Council of ICAO, the legal coordination of civil/military flight operation and the legal status of NOTAM. / The study also comments on the concept of self-defense in international law and responsibility of state. / The conclusion outlines the scope of the decision of the Council and compares it with the Council's previous decisions.
326

The concept of fundamental breach of contract under the United Nations Convention on contracts for the International Sale of Goods (CISG) /

Koch, Robert, 1965- January 1998 (has links)
The concept of fundamental breach plays a crucial role within the remedial system of the U.N. Convention on Contracts for the International Sale of Goods (CISG), because the remedies available to the parties to a contract of sale depend on the character of the breach. The Thesis analyzes the concept. It canvasses the different approaches employed by scholars and courts in determining fundamental breach and examines whether they can be justified by the rules of interpretation under the CISG. This examination shows that none of the approaches can be applied to all potential situations of fundamental breach and that their concurrent application is likely to produce conflicting results. This Thesis introduces a new methodology, which is based on a single concept applicable in all circumstances. Such methodology would also provide greater certainty and predictability to international sales transactions as required by the needs of the business world.
327

Aviation insurance

Góngora, Luis Jorge. January 1998 (has links)
This thesis examines the subject of aviation insurance from the broad international market perspective, mainly covered by London, and the structure, content and interpretation of typical aviation insurance policies An historical background is provided to give an overview on the matter. Precedents from various jurisdictions have been noted. Because policies written for several types of insurance frequently contain provisions similar or analogous to those found in common aviation insurance policies, those provisions, and references to the few authors who have written on the matter, are quoted frequently.
328

The air transport relations between the European Union and the United States /

Holderbach, Hans. January 1998 (has links)
Air Transport relations between the European Union and the United States were nonexistent until the European Commission obtained in 1996 from the member states a limited mandate to negotiate an air transport agreement with the US. For the Commission, the achievement of an EU internal market with full competition among European airlines under equal conditions is impeded by individual member states' bilateral relations with the US. It requested a complete mandate to replace the multitude of bilaterals with a Community wide agreement. Member states fear that Community negotiations will not reflect the different needs of their national airlines. They believe that their interests are best met through individual bilateral agreements and refused the Commission the right to negotiate the commercially important market access rights: routes, capacity and frequency. Even though the US is willing to consider an agreement with the EU it still pursues bilateral liberalisation through Open Skies agreements as they are more advantageous to its interests. For EU and US airlines an agreement on the EU - US level is not a priority as their needs are being met through their strategic codesharing alliances. / This thesis studies the legal rules affecting the EU - US relations and analyses to what extent these rules are shaped by political and economic interests. Special attention is paid to the convergence and divergence of the parties' legal regimes and policies, and to the prospects for an agreement on the essential issues of a complete bilateral agreement between the US and the EU.
329

Unapproved aircraft parts : a legal perspective

Kinghorn, Christopher J. January 1998 (has links)
Unapproved aircraft parts, or bogus parts as they have been referred to in the past, range from counterfeit sub-standard parts to parts which have been separated from the documentation detailing their prior use. These parts constitute a safety risk to the aviation industry and also have a negative economic effect on the industry. This thesis attempts to outline a complete set of legal solutions to contribute to the control and eradication of the problem of unapproved aircraft parts. Prior to a more detailed specifically legal study, a background to the problem is given, concentrating on the various sources and classifications of unapproved parts. The main elements of an anti-unapproved parts legal regime are then proposed, which would ideally be prescribed at international level to states for inclusion in their national legal regimes, and the extent to which current international law reflects the proposed regime is examined. Subsequently, a possible national anti-unapproved parts legal regime is proposed, drawing on the regulatory experience of the United States of America and Canada in dealing with this problem. Next, in addition to subject-specific regulation at national level, wider criminal law is also an effective tool in combating unapproved parts and the various possible criminal violations in unapproved parts scenarios are looked at. Finally, national private law is a further legal means both to combat unapproved parts and to control the effects of these parts, such as they do exist. Accordingly, private law remedies for unapproved parts will be examined, using the hypothetical example of an aircraft accident caused by unapproved parts.
330

Cultural standardisation : a byproduct of European integration?

Murray, Siobáin Jane. January 1998 (has links)
The process of European integration has had an impact on the cultural patterns of the Member States but it is not inevitably eroding national identities. By analysing the way in which the ability of the Member States to pursue a national language policy is restricted by the free movement principles and by analysing the cultural action taken at the supranational level it is argued that the European Community is genuinely committed to protecting and maintaining its cultural diversity. However, the political sensitivity which surrounds any impingement of national cultural sovereignty coupled with the fact that the objective of European integration remains primarily economic has significantly restricted the European Community's room to manoeuvre in the cultural sphere. A re-ordering of Community values and priorities would prevent non-economic interests, such as cultural interests, from being consistently trumped by those which are of an economic nature. In the meantime, the European Community must expressly and unequivocally state its commitment to cultural diversity, for example, in a Community Cultural Charter. Further, it is asserted that tangible cultural homogeneity is not required in the development of the overarching European identity necessary to legitimise the future construction of Europe.

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