Jurgen Basedow – författare

In 2007, the International Max Planck Research School for Maritime Affairs and the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" – giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in the field of maritime affairs. The present volume collects seven of the lectures held in 2007 and 2008 by Thomas A. Mensah, Krijn Haak, Sergio M. Carbone, Lorenzo Schiano di Pepe, Erik Røsæg, Frank Smeele, Carlos Esplugues Mota and Lucius Caflisch.

Among the topics and issues raised and discussed here are the following:

The lively debates that followed the presentations at the conference are also recorded here.

Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.

In Japan and most of the continental European economies, we are presently observing a shift from what has been labeled a "corporatist" system to more market-oriented structures. Regulatory competition caused by the globalization of markets is increasingly placing the traditional legal institutions of these jurisdictions under severe strain. This is especially true for the services markets. Of these, the markets for financial services and telecommunications services have to adapt most urgently. These adaptations are already underway to varying extents and degrees, made possible by a mixture of deregulation and re-regulation.

In this volume, scholars from Germany, Austria, Switzerland and Japan, as well as high-ranking practitioners from various institutions, lay out the theoretical foundations and means for these developments. Through critical analysis, the various contributions show what has been reached so far in Europe and Japan and what remains to be achieved in the future.

During the last decade the European Commission has progressively adopted what is called a ''more economic'' approach towards competition policy. This approach, which draws on US antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought, concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions.

In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law in Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these ''new'' methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as:

A critical assessment of the European Commission''s State aid action plan by the German Monopolies Commission is appended in English.

Applying law and economics theory to competition law, this book shows that the ''more economic'' approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each other''s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

The phenomenon of increased interconnectedness of the world''s societies, generally referred to as `globalisation'', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet.

Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web?

These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.

This collection will satisfy the need of practitioners for access to the private law of the Community, for the obligation to interpret national law in conformity with EC directives often requires a comparison with Community legislation. At the same time the collection will facilitate analysis and may thereby contribute to an improvement of the texts and their understanding.

The collection does not reproduce the entire private law of the Community; it includes enactments that exclusively or mainly concern private law.

The collection reproduces acts which can essentially be classified under six headings:

The European acts are binding in many languages. A book which reproduces all of them would be desirable, but, for its price, impossible to sell. This book is conceived so as to provide a synoptical reproduction of different language versions of one and the same act, and to allow for a permanent comparison. It follows that it is limited to four languages which are selected in accordance with their frequency within the Community.

They include the working languages used by the Community agencies in the legislative process. The acts are reproduced as amended by later secondary legislation, but without taking into account the renumbering of the provisions of the EC Treaty by the Treaty of Amsterdam.

The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book.

Among the topics and issues raised and discussed here are the following:

The lively debates that followed the presentations at the conference are also recorded here.

Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.