Suchergebnisse

There is a significance of EU Member States and European owners in the world of shipping: about 23 % of the merchant ships worldwide fly the flags of Member States and approximately 40 % of the world tonnage is owned by companies domiciled in Europe. What happens to those ships at the end of their lives may be seen as a striking example for the export of an environmental problem from the First to the Third World: More than 80 % of the international merchant ship tonnage is nowadays broken up in South Asia, especially in Bangladesh and India. Today's end-of life ships do not only consist of steel – which makes recycling profitable – but also contain more or less large quantities of waste oil, asbestos, PCB and other hazardous materials. The recycling countries and particularly Bangladesh rarely have the means and the will to avoid pollution with such hazardous waste and to protect workers' health adequately. This failure, which is evident in many developing countries, is one of the reasons why the EU transposed the so-called Basel Ban Amendment to the Basel Convention on transboundary waste movements into its law and strictly prohibited since 1998 the export of all hazardous waste and waste for disposal to non-OECD countries. But the export ban, as the article explains in more detail, is virtually ineffective in relation to European ships that go for dismantling to South Asia. This article focuses on legal aspects of the ship dismantling problem as an example of the difficulties of applying and enforcing EU law especially in a maritime context, before turning to the current initiatives to regulate the recycling of ships at international and European level.

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways - for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement - for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

The food industry is regularly put in the spotlight, whether for good or for bad reasons. Let?s think of food incidents such as the mad cow crisis, dioxin in chicken, horsemeat scandal, eggs contaminated with fipronil, but also, on the positive side, to innovations and projects aimed at developing healthier and more sustainable food.00Food law has undergone considerable developments in recent decades, often driven by crises and current events, to the extent that it has become the most regulated sector in Europe. Yet it is still not - or hardly - taught in Belgian universities as an independent field of law.00However, mastering the subtlety of ever more complex texts is a growing challenge for companies. The questions are indeed multiple and often sensitive: food safety issues, constraints and opportunities of bringing (new) products to the market, and the development of marketing strategies.00This is the added value of this book: deciphering European food law and illustrating it with concrete applications. A special perspective on how the regulations are implemented and enforced in Belgium is also included.00Pragmatic but precise, it is the essential tool for any actor in the food sector who wishes to understand the ins and outs of food law, from production to marketing

This article introduces a research project entitled 'Ius Commune Casebooks for the Common Law of Europe'. After a short historical overview and progress report, it deals with some practical lessons drawn from the preparation of the casebooks, in particular the first volume, regarding the selection of materials, space constraints and language. Finally, it surveys the theoretical underpinnings of the Project, namely the emergence of a common law of Europe through a bottom-up process, the functionalist approach to comparative law, the distinction between language and the law as well as the focus on underlying principles instead of black-letter law in the course of legal teaching.

Abstract
This paper will deal with EU competence over patent law, especially in the context of the TRIPS Agreement with reference to the ruling of CJEU in the Daiichi Sankyo case (CJEU case C-414/11 Daiichi Sankyo v DEMO Anonimos). The first part will explain the process of claiming patents at the national as well as the European level in order to understand the complexity of patent law, the second part will deal with the implications of jurisdiction and developments in EU patent regulations, the third part will deal with the effects of EU competence over the TRIPS patent provisions and the forth part will deal with the interpretation of substantive patent law in the light of the Daiichi Sankyo case.