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Article

The European Space Agency as a European Institution and a Space Law Maker

Journal European Journal of Law Reform, Issue 1 2016
Keywords European institution, access to space, innovation and development, space law, international cooperation
Authors Marco Ferrazzani
AbstractAuthor's information

    The European Space Agency was set-up over 40 years ago and has delivered on expectations from the scientific community’s quest for more knowledge, from the politicians wishing for more Europe and from the business community developing industrial and operational capabilities. All has been made possible thanks to hard-working scientists and space engineers who created and progressively refined a magic formula of balanced interests and respectful co-operation. The diplomats and lawyers well understood the challenges and so defined long-term policy objectives and a stable legal framework necessary to meet them, therefore providing institutional skills and appropriate financing tools which proved successful, and still today make this particular aspect of Europe. The ESA Convention, along with the activities and programmes based in its framework continue to serve as a living example of how to make Europe with a cooperative formula of a common Agency and law maker, giving access to space for all European citizens.


Marco Ferrazzani
ESA Legal Counsel, European Space Agency, 10 rue Mario Nikis, 75015 Paris. Email: marco.ferrazzani@esa.int.
Article

Criminal Issues in International Space Law

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, criminal law, international law, jurisdiction, space exploration
Authors Michael Chatzipanagiotis
AbstractAuthor's information

    This paper attempts to outline the rules and principles of international space law governing criminal activity in outer space or on board a space object. The relevant issues concern mainly the exercise of criminal jurisdiction, including extradition, and the disciplinary authority on board a space object. First, we examine the pertinent rules of general international law. Then, we analyse the applicable provisions of general space law, namely the Outer Space Treaty and the Moon Agreement, as well as the special rules on the International Space Station. Subsequently, we attempt to propose solutions to the main future challenges in international space law, which regard criminal behaviour on board aerospace vehicles, aboard private space stations, and issues regarding interplanetary missions and human settlements on celestial bodies.


Michael Chatzipanagiotis
Attorney-at-law, Athens, Greece; Adjunct Professor, European University of Cyprus, Law School, Nicosia, Cyprus.
Article

Peaceful Purposes? Governing the Military Uses of Outer Space

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, armed conflict, peaceful purposes, space warfare
Authors Steven Freeland
AbstractAuthor's information

    The development of satellite technology to enhance the exploration and use of outer space has continued at a rapid rate ever since the space age began in 1957. Satellites play a vital part of many aspects of daily life, and also with respect to the conduct of armed conflict. Most military leaders regard space-related technology as an integral element of their strategic battle platform. This reflects the changing technological nature of armed conflict, which challenges many aspects of international law, including the regulation of warfare. This is particularly the case with respect to the use of satellite technology. Moreover, the continuing development of this technology challenges the core of the ‘peaceful purposes’ doctrine that underpins the international regulation of outer space. This article discusses the application of the United Nations Space Treaties and the laws of war to the use of outer space during armed conflict and offers some reflections as to what is required to properly address the issue.


Steven Freeland
Professor of International Law, Western Sydney University; Visiting Professor, University of Vienna: Permanent Visiting Professor, iCourts Centre of Excellence for International Courts, Denmark; Member of Faculty, London Institute of Space Policy and Law; Director, International Institute of Space Law; Member of the Space Law Committee, International Law Association; Member, European Centre of Space Law.
Article

Some Legal Aspects of Space Natural Resources

Journal European Journal of Law Reform, Issue 1 2016
Keywords space law, space mining, private property rights, United States Space Law, United Nations Committee on Peaceful Uses of Outer Space
Authors Ram S. Jakhu and Yaw Otu Mankata Nyampong
AbstractAuthor's information

    Critical natural resources on the earth will be depleted before the close of this century. As such, humanity must explore for additional natural resources in places beyond the earth (i.e. in outer space and on other planets) in order to sustain life on earth. An appropriate international regulatory regime would be indispensable if such exploration is to succeed and result in the orderly exploitation of space natural resources. Presently, the international regulatory regime governing the exploration and potential exploitation of space natural resources is inadequate and lacks sufficient clarity. This article addresses some important legal aspects of the exploration and exploitation of space natural resources both from an international and a national perspective. Specifically, it analyzes the relevant provisions of the 1967 Outer Space Treaty and the 1979 Moon Agreement in addition to some recent regulatory developments occurring in the United States. Finally, it provides an outlook for the future legal regime that may be required to guarantee the orderly exploration and exploitation of space natural resources.


Ram S. Jakhu
Associate Professor, Institute of Air and Space Law, Faculty of Law, McGill University, Montreal, Canada.

Yaw Otu Mankata Nyampong
Senior Legal Officer, Pan African University, African Union Commission, Addis Ababa, Ethiopia.

Jie Long
The University of Hong Kong, longjie@hku.hk.
Article

National Space Law

The Case of France and New Challenges for Space Activities

Journal International Institute of Space Law, Issue 7 2016
Authors Anne-Sophie Martin
Author's information

Anne-Sophie Martin
PhD Candidate – University of Rome “La Sapienza”, Piazzale Aldo Moro, 5 – 00185 Rome (I), martin.annesophie@yahoo.fr.
Article

Access_open On-Orbit Transfer of Satellites between States

Legal Issues – with Special Emphasis on Liability and Registration

Journal International Institute of Space Law, Issue 7 2016
Authors Upasana Dasgupta
Author's information

Upasana Dasgupta
McGill University, Canada.
Article

Access_open Formerly cohabiting parents and parenting plans: Who makes the effort?

Journal Family & Law, June 2016
Authors Simon de Bruijn Msc, dr. Anne-Rigt Poortman and Prof. dr. ir Tanja van der Lippe
AbstractAuthor's information

    When the Promotion of Continued Parenting and Proper Divorce Act came into force on March 2009 both married and cohabiting Dutch parents of minor children were obliged to draw up a parenting plan when they separate. Parenting plans are not enforceable for cohabiters, however. Using data from the New Families in the Netherlands survey, we examine how many former cohabiters create a parenting plan and how this compares to the number of verbal or no arrangements. We expect that child, parents and relationship characteristics are important for the likelihood that a parenting plan is constructed. Results show that more than half of former cohabiters create a parenting plan. Furthermore, former cohabiters are more likely to draw up a parenting plan if they consult a legal practitioner during their separation process. In addition, the younger the youngest child is, the more likely that former cohabiters will create a parenting plan or make verbal arrangements rather than no arrangements. That is also true for higher educated households and if they opt for residential co-parenting after divorce. Former cohabiters in a high-conflict situation are less likely to develop a parenting plan than make no arrangements.


Simon de Bruijn Msc
Simon de Bruijn is a Ph.D. candidate at the Department of Sociology and Research School (ICS) of Utrecht University. His research interests include divorce and post-divorce arrangements.

dr. Anne-Rigt Poortman
Anne-Rigt Poortman is an Assistant Professor at the Department of Sociology and Research School (ICS) of Utrecht University. She received her Ph.D. at Utrecht University in 2002. Her main research interests are divorce and separation, new relationship types and legal aspects of partner relationships.

Prof. dr. ir Tanja van der Lippe
Tanja van der Lippe is a Professor of Sociology of Households and Employment Relations at the Department of Sociology and Research School (ICS) of Utrecht University. She is the head of the Department of Sociology and research director of ICS Utrecht. Her research interests are in the area of work-family linkages in Dutch and other societies.

    This report discusses the interesting remarks and conclusions made by the speakers at the ERA seminar, ‘Recent Case Law of the European Court of Human Rights in Family Law Matters’, which took place in Strasbourg on 11-12 February 2016. The report starts with a brief discussion on the shifting notion of ‘family life’ in the case law of the ECtHR, then turns to best interests of the child in international child abduction cases, the Court’s recognition of LGBT rights and finally the spectrum of challenges regarding reproductive rights in the Court’s case law. The overarching general trend is that the Court is increasingly faced with issues concerning non-traditional forms of family and with issues caused by the internationalisation of families. How this is seen in the Court’s recent case law and how it effects the various areas of family law is discussed in this report.


Charlotte Mol LL.B.
Charlotte Mol is a Legal Research Master student at the University of Utrecht, where she specializes in family law and private international law. She has assisted the Commission on European Family Law with the editing of the comparative study on informal relationships. As a guest student she visited the University of Antwerp for two months, where she researched the best interests of the child in international child abduction cases in collaboration with, and under the supervision of, Prof. Thalia Kruger. She holds a European Law School LL.B. from Maastricht University.
ECJ Court Watch

Case C-97/16. Self-employment

José María Pérez Retamero – v – TNT Express et al, reference lodged by the Spanish Juzgado de lo Social No 3 de Barcelona on 17 February 2016

Journal European Employment Law Cases, Issue 2 2016
Keywords Self-employment

    Article 60(1)(g) of the Romanian Labour Code does not allow an employer to dismiss trade union leaders for reasons other than disciplinary misconduct or judicial reorganisation, dissolution or bankruptcy of the employer. The Constitutional Court has recently ruled that Article 60(1)(g) is unconstitutional.


Andreea Suciu
Andreea Suciu is Head of Employment & Pensions with Noerr in Bucharest, www.noerr.com.
ECJ Court Watch

ECJ 21 January 2016, case C-515/14 (Cyprus), freedom of movement

European Commission – v – Republic of Cyprus

Journal European Employment Law Cases, Issue 2 2016
Keywords Freedom of movement
Abstract

    Cypriot law on civil servants’ pensions violates EU law.

ECJ Court Watch

Case C-668/15. Racial discrimination

Jyske Finans A/S – v – Ligebehandelingsnaevnet, acting on behalf of Ismar Huskic, reference lodged by the Danish Vestre Landsret on 14 December 2015

Journal European Employment Law Cases, Issue 2 2016
Keywords Racial discrimination
ECJ Court Watch

Case C-20/16. Free movement – Tax

Wolfram Bechtel, Marie-Laure Bechtel – v – Finanzamt Offenburg, reference lodged by the German Bundesfinanzhof on 15 January 2016

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Tax

    A decision issued by the Constitutional Court on 3 March 2016 upholds a High Court decision on whether evidence obtained through video surveillance at the work place without previously informing the employee or the works council of the recording infringes employees’ privacy. The existence of cameras in the workplace was only made known via a sticker on the shop window, but the Constitutional Court found that it provided sufficient information to employees. The Court found that, as there was a prior suspicion of theft by the employee, temporary recording of the cashier area was lawful and did not require prior consent. The judgment sets out the criteria to be used to determine a fair balance between the competing interests of employee privacy and the employer’s right to compliance.


Sonia Cortes
Sonia Cortes is a partner with Abdón Pedrajas & Molero in Barcelona, www.abdonpedrajas.com. Special thanks to Isabel Ruano and Carla Baussa for their help in preparing this case report.

    For the fourth time in seven years, an Austrian court has asked the ECJ for guidance on the subject of age discrimination in pay scales. In this latest case, the period required to progress from step 1 to step 2 on the pay scale was longer than the period needed to progress from step 2 to step 3 and beyond. Does that constitute age discrimination? The author argues that it does, and that the arguments advanced to justify it are not valid.


Dr. Marta J. Glowacka
Dr. Marta J. Glowacka, LL.M. is an assistant professor at the Institute for Austrian and European Labour Law and Social Security Law at Vienna University of Economics and Business, www.wu.ac.at.
ECJ Court Watch

EFTA Court 16 December 2015, case E-5/15 (M’bye), working time

Matja Kumba T M’bye and Others – v – Stiftelsen Fossumkollektivet, Norwegian case*

Journal European Employment Law Cases, Issue 2 2016
Keywords Working time
Abstract

    An 84-hour working week imposed on resident therapists at a care home may in certain circumstances be compatible with Directive 2003/88.

    An employee challenged whether her employer’s refusal to provide childcare vouchers during maternity leave was discriminatory. The Employment Appeal Tribunal (EAT) determined, somewhat tentatively, that where childcare vouchers are provided through a salary sacrifice scheme, it is not discriminatory for employers to cease to provide childcare vouchers during maternity leave.


Catherine Hayes
Catherine Hayes is an Associate at Lewis Silkin LLP: www.lewissilkin.com.

    It was neither direct nor indirect discrimination when a municipality dismissed a childminder with a disabled child, since the decision to dismiss was based on the interests of safeguarding children in the municipality’s childminding services, by not taking them out of their usual environment and placing them with a childminder they did not know.


Mariann Norrbom
Mariann Norrbom is a partner of Norrbom Vinding in Copenhagen, www.norrbomvinding.com.
Case Reports

2016/24 Claimant required to show the ‘reason why’ the underlying reason behind a practice was indirectly discriminatory (UK)

Journal European Employment Law Cases, Issue 2 2016
Keywords Race discrimination, Discrimination on the grounds of religion or belief, Indirect discrimination, Underlying reason for PCP
Authors Anna Bond
AbstractAuthor's information

    The Court of Appeal (‘CoA’) has held that there was no indirect discrimination where the underlying reason behind a ‘provision, criterion or practice’ (‘PCP’) operated by an employer was not discriminatory. The claim of indirect discrimination was brought by Mr Naeem, who is employed by the Prison Service as a full-time imam at HMP Bullingdon. Until 2002, the Prison Service employed only Christian chaplains full-time due to a lack of demand for chaplains of other faiths (who were employed on a sessional basis only). From 2002, it started to hire full-time Muslim as well as Christian chaplains due to an increase in the number of Muslim prisoners.
    The prison system’s pay scale rewards length of service and pay rises are linked to both performance and length of full-time service. Mr Naeem argued that this had a disproportionate negative effect on Muslims, as they could not have been employed for as long as Christians. The CoA rejected this claim, based on the fact that the underlying reason for the difference was the lack of demand for Muslim chaplains before 2002, and that this was not discriminatory.
    This case follows the 2015 CoA case of Essop v Home Office [2015] EWCA Civ 609, which was the first case to add in this extra layer to the indirect discrimination test. According to these cases, a claimant must now show not only that a particular practice particularly disadvantaged them, but also why this is the case. In both cases, appeals have been made to the Supreme Court and these are expected to be heard together later this year.


Anna Bond
Anna Bond is an associate at Lewis Silkin LLP: www.lewissilkin.com.
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