While the very existence of community interests has arguably motivated states to engage in multilateral treaty-making, create international organisations and criminalise conduct internationally, ... Show moreWhile the very existence of community interests has arguably motivated states to engage in multilateral treaty-making, create international organisations and criminalise conduct internationally, among other things, the foundational ‘publicness’ of public international law appears largely under-explored among public international lawyers. A turn to publicness is rendered all the more necessary by the blurring divide between public/private, in the face of globalisation processes that have been affecting the way in which public interests, goods and functions traditionally thought to be within the exclusive remit of state sovereignty are defined, negotiated and acted upon by private entities. Looking at ‘publicness’ as an epistemic tool, this contribution critically revisits how private actors engaging with areas of common interest have actually shaped the contours of ‘public’ in a public international law context. It suggests to (re)imagine the ‘publicness’ in order to be able to guide practices instead of being forged by them. Show less
The prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ... Show moreThe prohibition of anti-competitive unilateral conduct by firms with market power is not absolute, but allows for derogation. For the purposes of EU law, the ECJ has accepted that a so-called ‘objective justification’ plea may be invoked in the case of a prima facie abuse of dominance. Even though this is long-standing case law, many uncertainties remain as to its interpretation. This thesis contains a detailed examination of this concept of ‘(objective) justification’, focusing in particular on its scope and the applicable legal conditions. The thesis submits that this concept is highly important, as it can steer Article 102 TFEU away from a formalistic approach and give ample weight to the prevalent context. Although the thesis focuses on EU law, it also seeks inspiration from the approach in other jurisdictions. A comparative study includes relevant cases from various EU Member States (France, Germany, Ireland, Luxembourg, the Netherlands, Spain and the UK) and non-EU jurisdictions (Australia, Canada, Hong Kong, Singapore, South Africa and the US). The study reveals that these jurisdictions have accepted the availability of a justification plea, and have dealt with the concept in strikingly similar ways. Show less
Companies can provide services that are of public interest. Although the primary responsibility of the management of these companies lies with the company, the government may want a say in these... Show moreCompanies can provide services that are of public interest. Although the primary responsibility of the management of these companies lies with the company, the government may want a say in these companies to safeguard public interests. This research focuses on the legal corporate instruments the Dutch government may apply to intervene in such private companies to safeguard public interests. The research concerns private companies in which government bodies have the possibility to a dominant level of influence the management of these companies that provide services with public interests: the Government Undertaking. The position of the State or other government authorities as shareholder, the relation between different private companies with public interests and also the relationship between different layers of government within the institutional set-up of these companies are being discussed by examining Dutch case studies on Government Undertakings (Nederlandse Spoorwegen, Luchthaven Schiphol and TenneT) and a study on comparable legal entities in German, Belgian, French and English company law, The book makes recommendations for the institutional set-up of the Government Undertaking and recommends the establishment of a new legal form to specifically house Government Undertakings Show less
