This unless the european union adopts a decision authorizing member states to ratification as it took place for other international conventions. The preceding six years have seen a steady series of five amendments to the combination regulations1, the primary regulations which supplement the merger control provisions under the competition act, 2002 act, to bring greater certainty, transparency and ease in relation to. Arrest of ships the international conventions on arrest of ships. Human rights standards in arrest and detention table of. Introduction commercial lending in the maritime field is frequently based on a creditors ability to arrest a ship in rem for unpaid debts. Decisions under any protocol shall be taken only by the parties to the protocol concerned. The admiralty jurisdiction is exercised by the coastal states in india under the colonial courts of.
This convention provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals. Surprisingly enough, the convention has proved to be successful, reaching a number of some 65 contracting states up to date. International convention relating to the arrest of seagoing ships brussels, may 10, 1952 preamble omitted article 1. In 1999, the final text of the international convention on arrest of ships was concluded, and the convention generally known as the arrest convention 1999 came into force on 14 september 2011 the intent of the international maritime organization is that the 1999 convention will come to replace the 1952 convention, but as of 2014 the 1999 convention has only 11 state parties. The merger treaty was a european treaty which brought the executive bodies of the ecsc, eec and euratom together to form a single council and a. Still, temporary arrest of ships can only be effected for maritime claims. Secretarygeneral, united nations implementation reservations article x. Regulation ec no 92004 concerning nondisclosure of business secrets and other confidential information. Ships flying a 1999 arrest convention state flag can be arrested in spain for the claims listed in the. Human rights standards in arrest and detention table of contents. Jun 25, 2015 protocol for coordination in merger investigations between the federal enforcement agencies and state attorneys general.
The conference adopted its rules of procedure3 and its agenda. Press release tad1870 new international convention on arrest of ships adopted 19990317 geneva, 17 march unctad a diplomatic conference of the united nations and the international maritime. Convention c014 weekly rest industry convention, 1921. The 1952 arrest convention sought, with much, but not complete, success, to amalgamate these two philosophically distinct strands. This unless the european union adopts a decision authorizing member states to ratification as it took place for. The geneva convention is a positive step towards a clearer.
Convention on common in stitutions convention on certain institutions common to the european communities merger treaty treaty establishing a single council and a single commission of the european communities officiai journal of the eumpean communities. Ten ratifications or accessions were required by its art. No 152, julv 1967 treaty amending certain budgetary provisions. The united nationsinternational maritime organization diplomatic. International convention for the unification of certain rules relating to arrest of seagoing ships is a 1952 multilateral treaty whereby states agree to rules on the arrest of ships. A statement that the plan of merger was approved by each domestic limited liability company that is a party to the merger in accordance with the provisions of.
Where possible the information omitted has been replaced by ranges of figures or a general description. For the purpose of this convention, the term industrial undertaking includes a mines, quarries, and other works for the extraction of minerals from the earth. It provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursors chemicals. A state or a regional economic integration organization may not become a party to a protocol unless it is, or becomes at the same time, a contracting party to this convention. Consistent with article 54, subsections 2a2 and 2a3 of this agreement, the parties agree to terminate all existing aws agreements by removing those agreements. Created after the great insurrection of 10 august 1792, it was the first french government organized as a republic, abandoning the monarchy altogether.
In this convention the following words shall have the meanings hereby assigned to them. The merger treaty was a european treaty which brought the executive bodies of the ecsc, eec and euratom together to form a. A merger may also occur, as is more often the case, when an undertaking is absorbed by another. Convention nationale was the first government of the french revolution, following the twoyear national constituent assembly and the oneyear legislative assembly. A comment on the new international convention on arrest of. Protocol for coordination in merger investigations between. An issue for the eu and eu member states giorgio berlingieri the 1999 arrest convention entered into force the 14 september 2011 after the accession of albania. Now presented in two convenient volumes, the sixth edition of berlingieri on arrest of ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest. So far only 10 states have chosen to ratify this convention and these are albania, algeria, benin.
Aug, 2016 the merger treaty is also known as the brussels treaty. Convention c014 weekly rest industry convention, 1921 no. The ship arrest conventions of 1952 and 1999 maritime commons. Relationship between this convention and its protocols 1. Strasbourg, 21031983 treaty open for signature by the member states and the nonmember states which have participated in its elaboration and for accession by other nonmember states entry into force. Ukraine has already shown an intention to comply with provisions of the 1999 convention in articulating the. Formerly, there were three european communities which were the european economic community eec european coal and steel community ecsc, and the european atomic energy community euratom. By the convention, states agree to the following rule. The geneva arrest convention was designed to update and address the identified deficiencies of the brussels arrest convention and aims to strike a fairer balance between the interests of the ship owner and claimant. International convention for the unification of certain rules relating to arrest of seagoing ships is a 1952 multilateral treaty whereby states agree to rules on the arrest of ships by the convention, states agree to the following rule.
The new arrest convention now only permits arrest for a maritime lien which is granted or arises under the law of the state where the arrest is applied for, rather than for any maritime lien recognised under that law. The date the plan of merger was approved by each domestic limited liability company that is a party to the merger. Convention against the illicit traffic in narcotic drugs and. Perspective of the merging parties dr stanley wong of the bars of british columbia and ontario, canada stanleywongglobal sw law corporation email. Check the sections youd like to appear in the report, then use the create report button at the bottom of the page to generate your report.
A merger within the meaning of article 31a of the merger regulation occurs when two or more independent undertakings amalgamate into a new undertaking and cease to exist as separate legal entities. In 1999, the final text of the international convention on arrest of ships was concluded, and the convention generally known as the arrest convention 1999 came into force on 14 september 2011. International convention relating to the arrest of seagoing ships. United nations convention against illicit traffic in narcotic drugs and psychotropic substances, 1988. On the basis of its deliberations as recorded in its report,5 the conference established the text of the. International convention relating to the arrest of seagoing. Department of justice antitrust division or the federal trade commission ftc, and one or. Convention, she could be arrested, either by reference to this convention, or by. The merger guidelines may be revised from time to time as necessary to reflect any significant changes in enforcement policy or to clarify aspects of existing policy. The value of the shares of any dissenting shareholder shall be ascertained, as of the effective date of the merger, by an appraisal made by a committee of three persons, composed of 1 one selected by the vote of the holders of the majority of the stock, the owners of which are entitled to payment in cash. Because of the way the 1952 arrest convention has been incorporated into english law, arrest is available whenever an action in rem against a ship is available. This means that the lesser of the two offences will drop out, and the defendant will only be charged with the greater offense. This is the united nations treaty collection homepage.
Merger procedure to the notifying party dear sirmadam. The indian merger control regime has evolved substantially over the years since its introduction in june 2011. Steamship mutual the international convention on the arrest. International convention on arrest of ships 1999 unctad. The main purpose of arrest is to obtain security for satisfaction of judgment in the action in rem and it is necessary to arrest the ship in order to establish jurisdiction.
United nations convention against illicit traffic in. The new arrest convention has also amended the rules on the exercise of the right to arrest a vessel involving a maritime lien. The convention also lays down the procedure for enforcement of the sentence following the transfer. In contrast to the limited publication policy when the full text of an agreement may not be reproduced in the unts in its entirety, the objective of applying the partial publication method to a particular situation is to speed up the publishing effort by e. Diplomatic conference on arrest of ships general distr.
Some mergers and acquisitions may become subject to simultaneous federal and state investigations by either the antitrust division of the u. Whatever the procedure chosen by the administering state, a custodial sentence may not be converted into a fine, and any period of detention already served by the sentenced person must be taken into account by the administering state. For example, the burden with respect to efficiency and failure continues to reside with the proponents of the merger. A merger may also occur, as is more often the case, when an undertaking is absorbed by another, the latter retaining its legal identity, while the former ceases to exist as a legal entity. It so happens that all claims secured by a maritime liens under english law are found in the list set out in s. The merger referral provisions in council regulation ec no.
The international convention on the arrest of ships 1999, the successor to the 1952 international convention for the unification of certain rules relating to the arrest of seagoing ships, came into force on 14 september 2011. Department of justice antitrust division or the federal trade commission ftc, and one or more state attorneys general. The main purpose of arrest is to obtain security for satisfaction of judgment in the action in rem and it is necessary to arrest the ship in order to establish jurisdiction merchant ships of different nationalities travel from port to port carrying goods or passengers. The decision is conditional upon the divestment of altices. Press release tad1867 conference to consider and adopt new convention on arrest of ships 19990301 geneva, 26 february unctad government and industry representatives, maritime lawyers and. Conference on arrest of ships was convened at geneva from 1 to 12 march. Merchant ships of different nationalities travel from port to port carrying goods or passengers. Convention on laundering, search, seizure and confiscation. Ukraine has already shown an intention to comply with provisions of the 1999 convention in articulating the list of maritime claims in the merchant shipping code. The arrest convention has particularly shown that an international instrument providing for the detention of ships in ports before. Convention against the illicit traffic in narcotic drugs. Unless otherwise provided in a plan of merger or in the laws under which a foreign limited liability company or a domestic or foreign other business entity that is a party to a merger is organized or by which the merger is governed, after the plan has been approved as required by this article, and at any time before the certificate of merger has become.
In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. Is there any other way to arrest a ship in your jurisdiction. International convention relating to the arrest of sea. Done at geneva on 12 march 1999 entered into force. United nations convention against illicit traffic in narcotic drugs and psychotropic substances, 1988 the framework for the international control of precursors is established in the 1988 convention. A comment on the new international convention on arrest of ships, 1999 i. European commission press release details page european commission press release brussels, 20 april 2015 the european commission has authorised under the eu merger regulation the proposed acquisition of the portuguese telecommunications operator pt portugal by the multinational cable and telecommunications company altice. The intent of the international maritime organization is that the 1999 convention will come to replace the 1952 convention, but as of 2014 the 1999. Press release tad1867 conference to consider and adopt new convention on arrest of ships 19990301 geneva, 26 february unctad government and.