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Mukherjee U.,Clifford Chance LLP
61st International Astronautical Congress 2010, IAC 2010 | Year: 2010

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies ("the Moon Treaty"), 1979 was brought in to address a question left open by the 1967 Outer Space Treaty: the status of private property rights. However, all it generated was a furore of extremely heated discussions which resulted in no major space faring nation signing up for the legislation which took about 5 years to even acquire the sufficient members to come into force. . It is generally considered a failure, even by its supporters. And by its own terms, it comes up for periodic review by the United Nations General Assembly. The first such review was scheduled to take place ten years after its entry into force. Although there was then no great interest among UN members in revisiting the Moon Treaty, a strong proposal for substantial reform might pique it now. This article aims to fulfil this need of the hour in a two-fold process. Firstly, this article highlights and then critically analyses the four principle points of controversy regarding the Moon Treaty, that it: 1. Imposes a moratorium on exploitation of the resources of the moon and other celestial bodies until the establishment of a governing regime. 2. Requires establishment of a governing regime. 3. Prohibits private resource property rights. 4. Allows a governing regime to tax private enterprises. While the Moon Treaty would no doubt be bad for space development if it were in force against the major space powers, its absence is not a sufficient condition for space development. The mere absence of regulation is not enough to encourage investment: there must be positive legal protection for property rights. Such protection is difficult to achieve in the absence of some sort of legal regime. And although it is conceivable that an appropriate regime might be provided via a unilateral approach employing only the municipal (domestic) law of individual nations, that is very much plagued with its own set of drawbacks. Therefore, the second section of the paper concentrates on redrawing the structure of the Moon Treaty, so as to incorporate the essential needs of fortification of property rights while maintaining the pillar of "common heritage of mankind" followed in space law, to ensure a common uniform legal regime across all space-faring nations with regards to the lunar resources. Source


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Chance Inc. and Clifford Chance Llp | Date: 2004-06-01

Audio and video recordings featuring information, images, text, sound or code relating to law, regulatory matters, business management and education; audio discs featuring information, images, text, sound or code relating to law, regulatory matters, business management and education; video disks featuring information, images, text, sound or code relating to law, regulatory matters, business management and education; blank audio and video cassettes; computer game cassettes and cartridges; CD-ROMS, namely, drives and writers; digital video discs featuring information, images, text and sound relating to law, regulatory matters, business management and education; video tapes featuring information, images, text and sound relating to law, regulatory matters, business management and education; apparatus for recording, reproducing, carrying, processing, manipulating, transmitting, broadcasting and retrieving music, sounds, images, text, signals, software, information, data and code, namely, computers, cameras, digital audio tape recorders, fax machines and telegraph operators; downloadable electronic publications in the fields of law, regulatory matters, business management and education; computer software for use to search and retrieve information from databases in the fields of law, regulatory matters, business management and education; telecommunication equipment, namely, modems and telephones, to enable connection to databases and the Internet; parts and fittings for use with the aforesaid. Providing advertising agency services; dissemination of advertising for others via the Internet; conducting business research and investigations; providing business management and consultation services; business appraisals; compiling and providing information concerning companies, acquisitions and mergers, and franchising; providing statistical information for business and commercial purposes; providing data processing, document reproduction, stenographic transcription and secretarial services; accounting; distributing business prospectuses of others; preparing business reports; computerized database management; creating trademarks for others; providing information, consultation and advice to others in the fields of business management, business organization, acquisition and mergers, franchising, data processing, document reproduction, secretarial services, advertising and business research, including such information over global computer networks; providing information in the field of business management; web site portal services for others featuring information on business and management and advertising. Educational services, namely, conducting and arranging tutorials, training courses, conferences, workshops, seminars all relating to law, legal or regulatory matters, business management and education; publication of text books, books, magazines, journals, brochures; organizing and conducting colloquiums, conferences, seminars, symposiums, workshops and exhibitions in the field of law, regulatory matters, business management and education; providing information in the field of education; providing information over a global computer network concerning education, and educational and training seminars in the fields of law, regulatory matters, business management and education; language translation services; web site portal services for others featuring information on education. Providing legal services; legal services relating to taxation, pensions, employment, public policy, world trade, insurance, shipping, insolvency, securities, banking, finance, property, environmental planning, media and communications law; arbitration services; legal research; legal services relating to company formation and registration services; legal services relating to the transfer of the ownership of property; establishment, maintenance and management of intellectual and industrial property rights, rights on the worldwide web, Internet and extranets; patent agency and trade mark agency services; establishment, maintenance and management of domain name registrations and protection; title researching; on-line search, management, recovery and retrieval of data, text, information, documents, bibles and precedents relating to law, regulatory matters, business management and education; providing search, retrieval, indexing, linking and data organization and management services for the Internet, electronic communications networks and electronic databases in the field of law and regulatory matters, business management, education, research, general information, and advertising; preparation of reports relating to law and regulatory matters; providing web site design, creation and hosting for others and web site portal services for others featuring law and regulatory matter and legal research.


Jones R.,Clifford Chance LLP | Tahri D.,Clifford Chance LLP
Computer Law and Security Review | Year: 2010

This is the first of a planned series of articles considering the EU's limited harmonisation of the laws regulating the activities of businesses using the Internet. This first article considers five key EU directives, all of which require website operators to provide a variety of information to website visitors. We consider the circumstances in which the various requirements apply and the information that must be provided, to simplify the process of navigating through rules which, although similar in nature, arise from disparate sources. We consider data privacy and "ePrivacy" rules; consumer protection rules arising in the field of e-commerce; and rules protecting potential creditors dealing over the Internet with limited liability companies. © 2010 Elsevier Inc. All rights reserved. Source


Jones R.,Clifford Chance LLP | Tahri D.,Clifford Chance LLP
Computer Law and Security Review | Year: 2011

In the second of our series of articles considering the EU's limited harmonisation of the laws regulating the activities of businesses using the Internet, we look at the rules governing contracting and selling online. We consider the circumstances in which three key EU directives apply, the rights, under these directives, of consumers who contract online and the effect of electronic signatures as used for online contracting. © 2011 Clifford Chance LLP. Published by Elsevier Ltd. All rights reserved. Source


Jones R.,Clifford Chance LLP | Tahri D.,Clifford Chance LLP
Computer Law and Security Review | Year: 2011

In the third of our series of articles considering the EU's limited harmonisation of the laws regulating the activities of businesses using the Internet, we look at EU rules on the use of data collected online. We consider the principles governing the processing of personal data collected online. We then discuss the new rules on the use of cookies and the practical difficulties facing website operators in complying with them and conclude with a brief overview of the rules governing the transfer of personal data outside the EEA. © 2011 M. Taylor. Published by Elsevier Ltd. All rights reserved. Source

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