Enforcement of UK merchant shipping legislation: in 2 volumes

The basis of this thesis is an investigation of Maritime and Coastguard Agency (MCA) administrative and criminal enforcement files, relating to UK detentions and prosecutions. It would appear that this is the first time that such an analysis has been made.The thesis is divided into four parts of which Part B and C form the heart of the work. These two consider administrative (Part B) and criminal (Part C) enforcement measures and discusses their legal basis. But before these subjects are dealt with in more detail, enforcement personnel and their roles are analysed (Part A), and their role is compared to inspectors of the Health and Safety Executive and the Marine Accident Investigation Branch (MAIB). Human rights and their impact on both enforcement process and inspectors of MCA and MAIB are addressed within the context of the Merchant Shipping Act 1995 and Regulations issued under the Act.The thesis identifies inconsistencies of UK legislation when compared with European law and apparent lack of clarification within UK law. The analysis of administrative enforcement measures focuses on detentions of merchant ships whereas the discussion of criminal enforcement measures concentrates on the areas which the files suggested were the most affected by investigations and prosecutions, namely groundings, violations of the Collision Regulations and pollution incidents.It becomes clear from the research that detentions by far outweigh prosecutions, that MCA policy supports this approach and that enforcement personnel indicate a preference for such administrative enforcement measures. However, a large number of Detention Notices were found non-compliant with legal requirements. Still only one case was identified, documented and discussed where the MCA was taken to arbitration by the owner affected by a detention.The thesis offers suggestions as to how the work of MCA enforcement personnel can be improved and (Part D) what measures would seem to be appropriate for the lawmakers to take in the future. It is suggested that the approach taken in recent European oil pollution legislation to focus on serious negligence rather than on strict criminal liability could offer a suitable way forward.Throughout this work I have endeavoured to state the law as at 31 October 2008. In a number of cases it has been possible to take account of developments since that date as my viva voce only took place in June 2009. I have made reference to new European and UK pollution legislation (see Chapter 13, fn 1) which came into force or will come into force in the course of 2009. I also used the decision in TS Lines Ltd v. Delphis NV (The TS Singapore), [2009] EWHC B4 (Comm) in Chapter 8.6.2. to help clarify the discussion about the quantum of compensation in an arbitration over a detention. But I did not carry out a detailed analysis of the new legislation and that case. The decision in Club Cruise Entertainment and Travelling Services Europe BV v. The Department For Transport [2008] EWHC 2794 (Comm) of 18 November 2008, however, was fully analysed and relevant aspects found their way into the discussion in the thesis

Analysis of the spectra of trivalent erbium in multiple sites of hexagonal aluminum nitride

The 12 K cathodoluminescence spectra of Er3+ doped into single crystals of aluminum nitride (2H-AlN) in the hexagonal phase are reported between 320 nm and 775 nm. The emission spectra represent transitions from the lower Stark level of 2P(3/2) to the Stark levels of the 4I(15/2), 4I(13/2), 4I(11/2), 4I(9/2), 4F(9/2), and 4S(3/2) multiplet manifolds of Er3+(4f(11)). Emission spectra from 4S(3/2) to 4I(15/2) are also reported. All observed strong line emission are accounted for in terms of two principle sites, denoted site a and site b , with a few line spectra attributed to additional sites. A parameterized Hamiltonian that includes the atomic and crystal-field terms for Er3+(4f(11)) (2S+1)L_J was used to determine the symmetry and the crystal field splitting of the a and b sites. A descent in symmetry calculation was carried out to determine if distortion due to the size difference between Er, Al and the vacancies can be discerned. Modeling results assuming C_3v and C_1h are discussed. It appears that the sensitivity to a C_1h model is not sufficient to invalidate the choice of C_3v as an approximate symmetry for both sites. The g-factors reported from an EPR study of Er3+ in single-crystal AlN are in reasonable agreement with calculated g-factors for Er3+ in the a site assuming C_3v symmetry

From Socialist Work Organisation to Lean Production : Continuity and Discontinuity in the Transformation

書誌情報のみBibliographic data Onl

Enforcement of UK merchant shipping legislation

The basis of this thesis is an investigation of Maritime and Coastguard Agency (MCA) administrative and criminal enforcement files, relating to UK detentions and prosecutions. It would appear that this is the first time that such an analysis has been made. The thesis is divided into four parts of which Part B and C form the heart of the work. These two consider administrative (Part B) and criminal (Part C) enforcement measures and discusses their legal basis. But before these subjects are dealt with in more detail, enforcement personnel and their roles are analysed (Part A), and their role is compared to inspectors of the Health and Safety Executive and the Marine Accident Investigation Branch (MAIB). Human rights and their impact on both enforcement process and inspectors of MCA and MAIB are addressed within the context of the Merchant Shipping Act 1995 and Regulations issued under the Act. The thesis identifies inconsistencies of UK legislation when compared with European law and apparent lack of clarification within UK law. The analysis of administrative enforcement measures focuses on detentions of merchant ships whereas the discussion of criminal enforcement measures concentrates on the areas which the files suggested were the most affected by investigations and prosecutions, namely groundings, violations of the Collision Regulations and pollution incidents. It becomes clear from the research that detentions by far outweigh prosecutions, that MCA policy supports this approach and that enforcement personnel indicate a preference for such administrative enforcement measures. However, a large number of Detention Notices were found non-compliant with legal requirements. Still only one case was identified, documented and discussed where the MCA was taken to arbitration by the owner affected by a detention. The thesis offers suggestions as to how the work of MCA enforcement personnel can be improved and (Part D) what measures would seem to be appropriate for the lawmakers to take in the future. It is suggested that the approach taken in recent European oil pollution legislation to focus on serious negligence rather than on strict criminal liability could offer a suitable way forward. Throughout this work I have endeavoured to state the law as at 31 October 2008. In a number of cases it has been possible to take account of developments since that date as my viva voce only took place in June 2009. I have made reference to new European and UK pollution legislation (see Chapter 13, fn 1) which came into force or will come into force in the course of 2009. I also used the decision in TS Lines Ltd v. Delphis NV (The TS Singapore), [2009] EWHC B4 (Comm) in Chapter 8.6.2. to help clarify the discussion about the quantum of compensation in an arbitration over a detention. But I did not carry out a detailed analysis of the new legislation and that case. The decision in Club Cruise Entertainment and Travelling Services Europe BV v. The Department For Transport [2008] EWHC 2794 (Comm) of 18 November 2008, however, was fully analysed and relevant aspects found their way into the discussion in the thesis.EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Corporate Governance, Employee Voice and Work Organization: Sustaining High Road Jobs in the Automotive Supply Industry

This book explores the dynamic relations between corporate governance, employee voice, and the organization of work in the automotive supply industry. From research in three countries—Germany, Sweden, and the United States—it explores and compares historical patterns in changing governance regimes, voice, and work at plant level . It also explores the prospects for high-road, sustainable jobs in the sector. Three detailed case histories from each of the countries contrast companies facing different levels of exposure to capital markets: companies relatively sheltered from stock markets, companies that are highly exposed to them, and companies backed by private equity firms. This design allows for analysis not just across different national contexts or business systems but also within them. The complexity of the firm trajectories indicates that the ‘varieties of capitalism’ approach for understanding differences has limited analytical purchase. The cases also show that governance compromises and employee voice matter in in any comparative analysis and understanding of corporate governance. The book positions the analysis of the empirical material firmly in the context of contemporary debates on the financialization of Western capitalism and the rise of shareholder value as a dominant ideologyAccording to some authors, this has made high-road forms of work organization less viable. Whilst the book finds persuasive evidence of the impact of shareholder value across our cases, the direct links of this to developments in stock markets are less clear cut. Rather practices that optimize shareholder value are more easily attributable to the actions of top management, notably through stock repurchases

Influence of Drought and Wounding Stress on Soluble Phenols and Proteins in Potato Tubers

Potato is a valuable source for phytochemicals like vitamins, minerals, plant phenols, amino acids and proteins. However, environmental stress may affect the level of all these components. In this study, two purple breeding clones and one yellow fleshed cultivar (cv.) were assessed in their response to drought and wounding stress in two consecutive years. The plants were grown in the greenhouse under control (sufficient water supply) and with drought stress conditions. After harvest the tubers were analyzed for the content of soluble phenols and proteins in fresh tissue and after wounding. In addition, free amino acids (AAS) and activity of lipid acyl hydrolases (LAH) were assayed in control and drought stressed tubers. The results revealed significant differences in soluble phenols and proteins between genotypes, and that drought stress significantly increased the level of soluble proteins (P < 0.0001) and LAH activity (P < 0.001), but had no significant effect on the concentration of phenols. Moreover, total amounts of free AAS were higher in the drought stress variant. Wounding stress caused a significant increase of soluble phenols in cv. Agave. But, this was less prominent in purple clones which in general had higher contents of phenols. Proteins were also enhanced as a result of wounding, although, the effect of wounding stress on their level was smaller than that of drought stress