Jurisdiction and Applicable Law to Claims Related to the Payment of Contributions to the Budget of an Association of Property Owners for the Maintenance of the Communal Areas of a Building

This comment on the judgment C-25/18 analyses the characterisation of the outstanding amounts payable by the owners of an apartment to the manager of the association of owners of the building in concept of maintenance costs of communal areas. The Court of Justice of the European Union identifies the court having jurisdiction according to Article 7(1)(a) (matters related to contract) of the Brussels I Recast Regulation and the applicable law according to Articles 4(1)(b) (provision of services). However, Article 4(1)(c) (rights in rem in immovable property) of the Rome I Regulation is not applicable

Jurisdiction and Applicable Law to Contracts for the Sale of Goods and the Provision of Services including the Carriage of Goods by Sea and other Means of Transport in the European Union

The article analyses the jurisdiction and applicable law to contracts for the sale of godos and the provision of services in the European Union. It particularly focuses on contracts that subsume different categories of contracts, such as the carriage of goods by sea, in a contract for the sale of godos and the provision of services. The European Union law and the interpretation provided by the Court of Justice of the European Union shed light into the place of performance of the contract in order to set jurisdiction for national courts. This is explained through the current legal framework and the case law in order to ascertain where and under what legal regime the claimant may start proceedings for the breach of a contractual obligation or in case of a non-contractual claim

Limitations on Jurisdiction and Arbitration Agreements Based on Applicable Law and the Identity of the Carrier in Cargo Claim Disputes

The article demonstrates through an analysis of the limitations on choice of forum or arbitration agreements following the invalidity of a choice of law clause included in a charter party and/or a bill of lading (B/L). It is equally difficult enforcing a jurisdiction or arbitration clause included in a B/L if the parties are not clearly defined in the contract for the carrige of goods by sea. The article delivers some conclusions and suggests the approach to be taken by maritime contracting parties to overcome any feasible invalidity of a choice of forum or arbitration agreement based on the choice of law by European Member (EU) States’ courts

Induced defect nucleation and side-band instabilities in hexagons with rotation and mean flow

The combined effect of mean flow and rotation on hexagonal patterns is investigated using Ginzburg-Landau equations that include nonlinear gradient terms as well as the nonlocal coupling provided by the mean flow. Long-wave and short-wave side-band instabilities are determined. Due to the nonlinear gradient terms and enhanced by the mean flow, the penta-hepta defects can become unstable to the induced nucleation of dislocations in the defect-free amplitude, which can lead to the proliferation of penta-hepta defects and persistent spatio-temporal chaos. For individual penta-hepta defects the nonlinear gradient terms enhance climbing or gliding motion, depending on whether they break the chiral symmetry or not.Comment: 24 pages, 15 figures, submitted to Physica

The Fisheries Act 2020 and Devolution

Publisher PD

MANAGING POLICY NETWORKS: A SOCIAL MARKETING- AND COLLECTIVE INTELLIGENCE SYSTEMS-DRIVEN VIEW

This research contributes a new view of Policy Networks (PN) management. The research object is a successful PN practice in the Basque Country (BC) over an 8-year period, in relation to Local Agenda 21 (LA21) promotion. The Basque experience is studied using a qualitative and a quantitative approach. PNs are viewed as social marketing-driven collective intelligence systems built to have an effect on municipality commitment to LA21 (in terms of value, satisfaction and loyalty). The research concludes that by fostering the co-development ‘genome’ (a mix of co-decision, co-creation, love, glory and money ‘genes’) a commitment to the new tool is achieved.