General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulatio...

The difficulty with competition law is that so many aspects can influence its overall effectiveness. Sanctions in criminal law or the emergence of private enforcement, for example, may influence leniency policy. In turn, public enforcement, whilst protecting information, could also influence the effectiveness of antitrust damages actions.

The author makes a comparison with the board game “Pisa”. In this game, small figures have to be placed at different levels of the Leaning Tower of Pisa...

On May 19 1956, the CMR-Convention was signed, aiming at providing uniform rules for the contract of carriage of goods by road. The Convention proofed to be very successful and is after 60 years still in force in 55 member states. With this, the Convention provides uniform rules in most of Europe and the Middle East and still contributes to the underlying aim of legal certainty and predictability. Even though the Convention is very successful, there are also a returning number of critiques on...

The field of international commercial law has gained importance due to the

increasing globalization of economies and international commerce in the last

decades.

This book covers the most important legal issues when conducting business

abroad. The legal environment of the business transactions is the central

theme of the first part. The political and policy risks of doing business abroad

are explained, as well as how they should be mitigated. The first part also covers

European law with a focu...

Lawyers are taught to work with applicable law and to be familiar with the applicable law, they should 'keep up to date with their literature'. Here, in two sentences, the reality and ways of working of lawyers throughout the past century. Past because, in contemporary times, applicable law can no longer be easily 'recognised'. There is a knowing problem related to applicable law of European origin. This problem consists in two main questions: How are lawyers to know what applicable law is? A...

This book acts as a guide to companies doing business with parties in the European Union. It provides the reader with answers to key questions of private international law. When and under which conditions can the court(s) of an EU Member State assume jurisdiction and which law will be applied? Will the resulting judgment be recognised and enforced in other EU Member States?

In addition to a general explanation of the system of private international law in the EU Member States, the book provid...

While few would still hold forensic DNA analysis for the cure-all for unsolved crimes that many once believed it to be, DNA evidence now clearly ranks as one of the most powerful types of forensic evidence available. In addition to its unrivalled potential to eliminate the innocent and include the potentially guilty, it has proved its capacity to produce a decisive breakthrough in hitherto unsolved crimes. Furthermore, it has been instrumental in resolving miscarriages of justice, thereby rev...

The legal position of the terminal operator changes by the integration of the carriage of goods between the sea port and the hinterland into his service profile. The terminal operator performs a wide variety of obligations, including loading and discharging, stacking, warehousing, measuring, weighing and carrying goods within and beyond the terminal's premises. These obligations fall into different categories of contracts for which the law provides specific rules, i.e. a contract of carriage,...