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Factortame Litigation
''R (Factortame Ltd) v Secretary of State for Transport'' was a judicial review case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law (then Community Law) by requiring ships to have a majority of British owners if they were to be registered in the UK. The case produced a number of significant judgements on British constitutional law, and was the first time that courts held that they had power to restrain the application of an Act of Parliament pending trial and ultimately to disapply that Act when it was found to be contrary to EU law. The litigation was lengthy, and is typically divided into five main stages: *''Factortame I'', where the High Court and then the House of Lords (which functioned as the final court of appeal prior to 2009) both made a reference to the European Court of Justice (ECJ) on the legality of the Merchant Shipping Act 1988's ("MSA") requirement for UK fish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Liability
State liability is the legal liability of a state. It refer to the liability of an organ of state or public authority A public-benefit nonprofit corporationnonprofit A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity orga ... in that state's own domestic legal system, typically under special principles within the law of tort. See also * Misfeasance in public office {{law-stub Tort law Administrative law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chartering (shipping)
Chartering is an activity within the shipping industry whereby a shipowner hires out the use of their vessel to a charterer. The contract between the parties is called a charterparty (from French 'parted document'). The three main types of charter are: demise charter, voyage charter, and time charter. Charterer In some cases, a charterer may own cargo and employ a shipbroker to find a ship to deliver the cargo for a certain price, the freight rate. Freight rates may be on a per-ton basis over a certain route (e.g. for iron ore between Brazil and China), in Worldscale points (in case of oil tankers). Alternatively may be expressed in terms of a total sum, normally in US dollars, per day for the agreed duration of the charter. A charterer may also be a party without a cargo that takes a vessel on charter for a specified period from the owner and then trades the ship to carry cargoes at a profit above the hire rate or even makes a profit in a rising market by reletting the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Questions
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (a preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have '' locus standi'' to litigate in the Luxembourg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domicile (law)
In law and conflict of laws, domicile is relevant to an individual's "personal law", which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent. As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is. In some common-law countries, such as Australia and New Zealand, the concept of domic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
57 & 58 Vict
57 may refer to: * 57 (number) * one of the years 57 BC, AD 57, 1957, 2057 * "57" (song), a song by Biffy Clyro * "Fifty Seven", a song by Karma to Burn from the album ''Arch Stanton'', 2014 * "57" (album), a studio album by Klaus Major Heuser Band in 2014 * "57 Live" (album), a live double-album by Klaus Major Heuser Band in 2015 * Heinz 57 (varieties), a former advertising slogan * Maybach 57, an ultra-luxury car * American Base Hospital No. 57 * Swift Current 57's The Swift Current 57's (formerly the Swift Current Indians) are a baseball team based in Swift Current, Saskatchewan, Canada. The team is a member of the Western Canadian Baseball League (WCBL), a collegiate summer baseball Collegiate summer b ..., baseball team in the Western Canadian Baseball League * FN Five-seveN, a semi-automatic pistol * 57 Mnemosyne, a main-belt asteroid * Tatra 57, a compact car {{Numberdis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merchant Shipping Act 1894
The Merchant Shipping Act 1894 ( 57 & 58 Vict. c. 60) was an act of the Parliament of the United Kingdom that consolidated enactments relating to merchant shipping in the United Kingdom. Background In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's '' Commentaries on the Laws of England'', published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, ''The Statutes of the Realm'' was published, providing for the first time the authoritative collection of acts. By the early 19th century, British customs law, relating to trade, navigation, the import and export of goods, and the collection of customs revenue, had become increasingly intricate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fishing Vessel
A fishing vessel is a boat or ship used to fishing, catch fish and other valuable nektonic aquatic animals (e.g. shrimps/prawns, krills, coleoids, etc.) in the sea, lake or river. Humans have used different kinds of surface vessels in commercial fishing, commercial, artisan fishing, artisanal and recreational fishing. Prior to the 1950s there was little standardisation of fishing boats. Designs could vary between localities and even different boatyards. Traditional fishing boats were built of wood, which is not often used nowadays because of higher maintenance costs and lower durability. Fibreglass is used increasingly in smaller fishing vessels up to 25 metres (100-tonne displacement), while steel is usually used on vessels above 25 metres. It is difficult to estimate the number of recreational boat fishing, recreational fishing boats. They range in size from small dinghies, sailboats and motorboats to large superyachts and chartered cruiseliners. Unlike commercial fishing vess ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Total Allowable Catch
The Common Fisheries Policy (CFP) is the fisheries policy of the European Union (EU). It sets quotas for which member states are allowed to catch each type of fish, as well as encouraging the fishing industry by various market interventions. In 2004 it had a budget of €931 million, approximately 0.75% of the EU budget. When it came into force in 2009, the Treaty of Lisbon formally enshrined fisheries conservation policy as one of the handful of "exclusive competences" reserved for the European Union, to be decided by Qualified Majority Voting. However, general fisheries policy remains a "shared competence" of the Union and its member states. Decisions are now made by the Council of the European Union, and the European Parliament acting together under the co-decision procedure. The Common Fisheries Policy was created to manage fish stock for the European Union as a whole. Article 38 of the 1957 Treaty of Rome, which created the European Communities (now European Union ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overfishing
Overfishing is the removal of a species of fish (i.e. fishing) from a body of water at a rate greater than that the species can replenish its population naturally (i.e. the overexploitation of the fishery's existing Fish stocks, fish stock), resulting in the species becoming increasingly underpopulated in that area. Overfishing can occur in water bodies of any sizes, such as ponds, wetlands, rivers, lakes or oceans, and can result in resource depletion, reduced biological growth rates and low biomass (ecology), biomass levels. Sustained overfishing can lead to critical depensation, where the fish population is no longer able to sustain itself. Some forms of overfishing, such as the Threatened sharks, overfishing of sharks, has led to the upset of entire marine ecosystems. Types of overfishing include growth overfishing, recruitment overfishing, and ecosystem overfishing. Overfishing not only causes negative impacts on biodiversity and ecosystem functioning, but also reduces fish pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Economic Zone
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, resources, including energy production from water and wind. It stretches from the outer limit of the territorial sea (22.224 kilometres or 12 nautical miles from the baseline) out 370.4 kilometres (or 200 nautical miles) from the coast of the state in question. It is also referred to as a maritime continental margin and, in colloquial usage, may include the continental shelf. The term does not include either the Territorial waters#Territorial sea, territorial sea or the continental shelf beyond the 200 nautical mile limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Structural And Investment Funds
The European Structural and Investment Funds (ESI Funds, ESIFs) are financial tools governed by a common rulebook, set up to implement the regional policy of the European Union, as well as the structural policy pillars of the Common Agricultural Policy and the Common Fisheries Policy. They aim to reduce regional disparities in income, wealth and opportunities. Europe's poorer regions receive most of the support, but all European regions are eligible for funding under the policy's various funds and programmes. The current framework is set for a period of seven years, from 2021 to 2027. Overview Five ESIFs currently exist, they are: *under the Cohesion Policy: **the European Regional Development Fund (ERDF) **the Cohesion Fund (CF) **the European Social Fund Plus (ESF+) *under the Common Agricultural Policy (CAP): **the European Agricultural Fund for Rural Development (EAFRD) *under the Common Fisheries Policy (CFP): **the European Maritime, Fisheries and Aquaculture ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
