Convention on laundering, search, seizure and confiscation. Created after the great insurrection of 10 august 1792, it was the first french government organized as a republic, abandoning the monarchy altogether. 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 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. Consistent with article 54, subsections 2a2 and 2a3 of this agreement, the parties agree to terminate all existing aws agreements by removing those agreements. A comment on the new international convention on arrest of. Steamship mutual the international convention on the arrest. 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. 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.
The admiralty jurisdiction is exercised by the coastal states in india under the colonial courts of. Protocol for coordination in merger investigations between. Aug, 2016 the merger treaty is also known as the brussels treaty. United nations convention against illicit traffic in. The merger referral provisions in council regulation ec no. 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. Press release tad1867 conference to consider and adopt new convention on arrest of ships 19990301 geneva, 26 february unctad government and. 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 narcotic drugs and psychotropic substances, 1988 the framework for the international control of precursors is established in the 1988 convention. Perspective of the merging parties dr stanley wong of the bars of british columbia and ontario, canada stanleywongglobal sw law corporation email. 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.
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. It provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursors chemicals. So far only 10 states have chosen to ratify this convention and these are albania, algeria, benin. A comment on the new international convention on arrest of ships, 1999 i. On the basis of its deliberations as recorded in its report,5 the conference established the text of the. Jun 25, 2015 protocol for coordination in merger investigations between the federal enforcement agencies and state attorneys general.
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. A merger may also occur, as is more often the case, when an undertaking is absorbed by another. In this convention the following words shall have the meanings hereby assigned to them. In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. Still, temporary arrest of ships can only be effected for maritime claims. Diplomatic conference on arrest of ships general distr.
The decision is conditional upon the divestment of altices. 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. 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. Introduction commercial lending in the maritime field is frequently based on a creditors ability to arrest a ship in rem for unpaid debts. Arrest of ships the international conventions on arrest of ships. The geneva convention is a positive step towards a clearer. Department of justice antitrust division or the federal trade commission ftc, and one or. International convention relating to the arrest of seagoing ships brussels, may 10, 1952 preamble omitted article 1. 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. 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 no. Human rights standards in arrest and detention table of.
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. Convention against the illicit traffic in narcotic drugs and. Ships flying a 1999 arrest convention state flag can be arrested in spain for the claims listed in the. 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. Human rights standards in arrest and detention table of contents. Some mergers and acquisitions may become subject to simultaneous federal and state investigations by either the antitrust division of the u. Is there any other way to arrest a ship in your jurisdiction. Convention c014 weekly rest industry convention, 1921. United nations convention against illicit traffic in narcotic drugs and psychotropic substances, 1988. Ten ratifications or accessions were required by its art. The date the plan of merger was approved by each domestic limited liability company that is a party to the merger. The 1952 arrest convention sought, with much, but not complete, success, to amalgamate these two philosophically distinct strands. This is the united nations treaty collection homepage.
Done at geneva on 12 march 1999 entered into force. International convention relating to the arrest of seagoing ships. Where possible the information omitted has been replaced by ranges of figures or a general description. Merger procedure to the notifying party dear sirmadam. 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. No 152, julv 1967 treaty amending certain budgetary provisions. The united nationsinternational maritime organization diplomatic. 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. 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.
Relationship between this convention and its protocols 1. 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. 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. This unless the european union adopts a decision authorizing member states to ratification as it took place for. Ukraine has already shown an intention to comply with provisions of the 1999 convention in articulating the. 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. International convention on arrest of ships 1999 unctad. The ship arrest conventions of 1952 and 1999 maritime commons. Regulation ec no 92004 concerning nondisclosure of business secrets and other confidential information. By the convention, states agree to the following rule. Convention, she could be arrested, either by reference to this convention, or by. 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. For example, the burden with respect to efficiency and failure continues to reside with the proponents of the merger.
Convention nationale was the first government of the french revolution, following the twoyear national constituent assembly and the oneyear legislative assembly. The convention also lays down the procedure for enforcement of the sentence following the transfer. The conference adopted its rules of procedure3 and its agenda. 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. International convention relating to the arrest of seagoing. 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. Surprisingly enough, the convention has proved to be successful, reaching a number of some 65 contracting states up to date. This means that the lesser of the two offences will drop out, and the defendant will only be charged with the greater offense.
The merger treaty was a european treaty which brought the executive bodies of the ecsc, eec and euratom together to form a. 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. This convention provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals. Conference on arrest of ships was convened at geneva from 1 to 12 march.
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. 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. 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. Convention against the illicit traffic in narcotic drugs. Secretarygeneral, united nations implementation reservations article x. Department of justice antitrust division or the federal trade commission ftc, and one or more state attorneys general.
The indian merger control regime has evolved substantially over the years since its introduction in june 2011. 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. Decisions under any protocol shall be taken only by the parties to the protocol concerned. 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 treaty is also known as the brussels treaty. 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. The international convention on the arrest of ships 1999. 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. Merchant ships of different nationalities travel from port to port carrying goods or passengers. International convention relating to the arrest of sea. 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 arrest convention has particularly shown that an international instrument providing for the detention of ships in ports before.
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