30 results on '"Malinauskaite, J."'
Search Results
2. The trilemma of waste-to-energy: A multi-purpose solution
- Author
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Malinauskaite, J. and Jouhara, H.
- Published
- 2019
- Full Text
- View/download PDF
3. Planned obsolescence in the context of a holistic legal sphere
- Author
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Malinauskaite, J and Erdem, FB
- Subjects
consumer protection and unfair competition ,competition law ,circular economy ,environmental law ,planned obsolescence - Abstract
Copyright © The Author(s) 2021. Businesses may take advantage of the rapid technological developments to increase sales by designing products with a short lifespan and encouraging consumers to buy a replacement more quickly than they otherwise might have to, which is commonly known as planned obsolescence. While employing a holistic approach and exploring planned obsolescence from three different angles, such as demand-side, supply-side and environmental-side, the paper argues that the current measures in the fields of unfair competition and consumer protection law, competition law, and environmental law are quite insufficient to deal with planned obsolescence. Therefore, there is the need for an EU measure outlawing planned obsolescence in the context of the circular economy.
- Published
- 2021
4. Digital Antitrust: The Google (Android) Decisions in Russia, Turkey and India
- Author
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Malinauskaite, J and Erdem, FB
- Subjects
Turkish competition law ,Russian competition law ,Indian competition law ,Digital markets ,The Google Android case - Published
- 2021
5. Advances in Applications of Solar Photovoltaics and Thermal Technologies Energy
- Author
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Ahmad, L, Khordehgah, N, Malinauskaite, J, and Jouhara, H
- Subjects
ComputingMilieux_GENERAL ,Photovoltaics ,Energy Efficiency ,Environmental Impact ,ComputingMilieux_LEGALASPECTSOFCOMPUTING ,EU Policies ,Photovoltaic-thermal ,Regulations - Abstract
Innovation and Networks Executive Agency
- Published
- 2020
6. The Trilemma of Waste-to-Energy: a multi-purpose solution
- Author
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Malinauskaite, J and Jouhara, H
- Abstract
© 2019 The Authors. This paper explores the multi-purpose nature of Waste-to-Energy (WtE), which adheres to three different policies in the EU: 1) waste management; 2) energy union;3) air quality/climate change. While WtE is subject to different EU policies and must comply with different sets of EU regulatory frameworks, the policies are largelyintertwined and share common objectives enabling the achievement of a sustainable European future via the circular economy. With support from the theoreticalfoundation for the potential to unite climate, energy, and environmental justice, the paper calls for a streamlined policy in the context of WtE. The paper alsohighlights the value of this linkage from a practical perspective illustrating how these different policies could be bridged through the new technology - the patentedmicro-scale Home Energy Recovery Unit (HERU), which has been invented to process all unwanted domestic materials and generate energy for the household.
- Published
- 2019
7. Renewable energy policies in the EU
- Author
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Malinauskaite, J
- Published
- 2019
8. Energy efficiency in industry: EU and national policies in Italy and the UK
- Author
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Malinauskaite, J., primary, Jouhara, H., additional, Ahmad, L., additional, Milani, M., additional, Montorsi, L., additional, and Venturelli, M., additional
- Published
- 2019
- Full Text
- View/download PDF
9. Municipal Waste Management and Waste-to-Energy in the Context of a Circular Economy and Energy Recycling in Europe
- Author
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Malinauskaite, J, Jouhara, H, Czajczyńska, D, Stanchev, P, Katsou, E, Rostkowsk, P, Thorne, RJ, Colón, J, Ponsá, S, Al-Mansour, F, Anguilano, L, Krzyżyńska, R, López, IC, Vlasopoulos, A, and Spencer, N
- Subjects
waste to energy ,anaerobic digestion ,national waste management plans ,composting ,municipal solid waste ,pyrolysis - Abstract
This paper proposes an overarching review of national municipal waste management systems and waste-to-energy as an important part of it in the context of circular economy in the selected countries in Europe. The growth of population and rising standards of living means that the consumption of goods and energy is increasing. On the one hand, consumption leads to an increase in the generation of waste. On the other hand, the correlation between increased wealth and increased energy consumption is very strong as well. Given that the average heating value of municipal solid waste (MSW) is approximately 10 MJ/kg, it seems logical to use waste as a source of energy. Traditionally, waste-to-energy (WtE) has been associated with incineration. Yet, the term is much broader, embracing various waste treatment processes generating energy (for instance, in the form of electricity and/or heat or producing a waste-derived fuel). Turning waste into energy can be one key to a circular economy enabling the value of products, materials, and resources to be maintained on the market for as long as possible, minimising waste and resource use. As the circular economy is at the top of the EU agenda, all Member States of the EU (including the EEA countries) should move away from the old-fashioned disposal of waste to a more intelligent waste treatment encompassing the circular economy approach in their waste policies. Therefore, the article examines how these EU policies are implemented in practice. Given that WtE traditionally is attached to the MSW management and organisation, the focus of this article is twofold. Firstly, it aims to identify the different practices of municipal waste management employed in selected countries and their approaches in embracing the circular economy and, secondly, the extent to which WtE technologies play any role in this context. The following countries, Estonia, Greece, Italy, Latvia, Lithuania, Norway, Poland, Slovenia, Spain, and the UK were chosen to depict a broad European context.
- Published
- 2017
10. Public EU competition law enforcement in small ‘newer’ Member States: addressing the challenges
- Author
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Malinauskaite, J
- Abstract
The decentralised nature of Regulation 1/2003 meant that all Member States of the EU have an obligation to enforce EU competition law in addition to their domestic equivalent once the criterion of ‘the Effect on Interstate Trade between the Member States’ is triggered. While larger Member States are better equipped to deal with supranational cases, smaller Member States in terms of their limited resources and lack of experience may struggle. Unfortunately, the academic literature on small countries in the EU is scarce and fragmented. Filing the gap in the literature, this paper will argue that ‘smallness’ in competition law does matter, as small Member States are more exposed to the enforcement of the EU competition provisions. Given the obligation imposed by Regulation 1/2003, the paper will further explore the challenges faced by the National Competition Authorities (the NCAs) of small Member States from the post-2004 accession, namely Croatia, Cyprus, Estonia, Latvia, Lithuania, Malta, Slovenia and Slovakia in their enforcement of EU competition law.
- Published
- 2016
11. Private enforcement of competition law in Lithuania: A story of underdevelopment
- Author
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Malinauskaite, J
- Subjects
Representative actions ,Competition law ,Private enforcement ,Lithuania ,Measure of damages ,Passing on ,Indirect purchasers ,Costs - Published
- 2013
12. Municipal solid waste management and waste-to-energy in the context of a circular economy and energy recycling in Europe.
- Author
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Malinauskaite, J., Jouhara, H., Czajczyńska, D., Stanchev, P., Katsou, E., Rostkowski, P., Thorne, R.J., Colón, J., Ponsá, S., Al-Mansour, F., Anguilano, L., Krzyżyńska, R., López, I.C., A.Vlasopoulos, null, and Spencer, N.
- Subjects
- *
WASTE management , *REFUSE as fuel , *ECONOMIC development , *ENERGY consumption - Abstract
This paper proposes an overarching review of national municipal waste management systems and waste-to-energy as an important part of it in the context of circular economy in the selected countries in Europe. The growth of population and rising standards of living means that the consumption of goods and energy is increasing. On the one hand, consumption leads to an increase in the generation of waste. On the other hand, the correlation between increased wealth and increased energy consumption is very strong as well. Given that the average heating value of municipal solid waste (MSW) is approximately 10 MJ/kg, it seems logical to use waste as a source of energy. Traditionally, waste-to-energy (WtE) has been associated with incineration. Yet, the term is much broader, embracing various waste treatment processes generating energy (for instance, in the form of electricity and/or heat or producing a waste-derived fuel). Turning waste into energy can be one key to a circular economy enabling the value of products, materials, and resources to be maintained on the market for as long as possible, minimising waste and resource use. As the circular economy is at the top of the EU agenda, all Member States of the EU (including the EEA countries) should move away from the old-fashioned disposal of waste to a more intelligent waste treatment encompassing the circular economy approach in their waste policies. Therefore, the article examines how these EU policies are implemented in practice. Given that WtE traditionally is attached to the MSW management and organisation, the focus of this article is twofold. Firstly, it aims to identify the different practices of municipal waste management employed in selected countries and their approaches in embracing the circular economy and, secondly, the extent to which WtE technologies play any role in this context. The following countries, Estonia, Greece, Italy, Latvia, Lithuania, Norway, Poland, Slovenia, Spain, and the UK were chosen to depict a broad European context. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
13. Waste Prevention and Technologies in the Context of the EU Waste Framework Directive: Lost in Translation?
- Author
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Malinauskaite, J., Jouhara, H., and Spencer, N.
- Subjects
- *
WASTE management , *SEWAGE disposal , *INTERNATIONAL cooperation , *GOVERNMENT policy ,FOREIGN relations of the European Union - Abstract
The EU is set to transit from linear to circular economy: turning waste into a resource in order to increase resource efficiency and close the loop in a circular economy. This article centres on the Waste Framework Directive and most importantly its newest proposal, the main EU legislation to regulate waste. It argues that there is not sufficient guidance given to the regulatory limits of the definition of waste, especially in the context of the so-called subcategory of "waste v. non-waste'' where "waste'' was utilised as a fuel. While prevention is a breaking point in the waste hierarchy (as reuse, recycle, recovery and finally disposal are assumed to be waste unless cease to be waste), it seems unfortunate that it is not translated into a well-defined classification of waste and non-waste (i.e. product). It is not clear how prevention operates in the context of the WFD, as before a substance or object becomes waste, it was a product. Therefore, the paper calls to the rethink of categorisation of waste and product in the context of prevention placing further emphasis on the environment and human health as its main condition simultaneously embracing circular economy thinking. The European Commission should provide a European standard for waste derived fuels, which is essential for a proper functioning of European market. Furthermore, the paper also discusses that the WFD (and its newest proposal) fails to properly address technological advancements designed to transfer "waste'' to a valued resource without posing any threat to the environment, which could be upgraded to the prevention systems. Against this background, the patented micro-scale Home Energy Recovery Unit, designed to process all unwanted domestic materials to generate energy for the household is used as a case study in this article. [ABSTRACT FROM AUTHOR]
- Published
- 2017
14. Waste prevention and technologies in the context of the EU waste framework directive: Lost in translation?
- Author
-
Malinauskaite, J., Hussam Jouhara, and Spencer, N.
- Subjects
Geography, Planning and Development ,Management, Monitoring, Policy and Law - Abstract
The EU is set to transit from linear to circular economy: turning waste into a resource in order to increase resource efficiency and close the loop in a circular economy. This article centres on the Waste Framework Directive and most importantly its newest proposal, the main EU legislation to regulate waste. It argues that there is not sufficient guidance given to the regulatory limits of the definition of waste, especially in the context of the so-called subcategory of ``waste v. non-waste'' where ``waste'' was utilised as a fuel. While prevention is a breaking point in the waste hierarchy (as reuse, recycle, recovery and finally disposal are assumed to be waste unless cease to be waste), it seems unfortunate that it is not translated into a well-defined classification of waste and non-waste (i.e. product). It is not clear how prevention operates in the context of the WFD, as before a substance or object becomes waste, it was a product. Therefore, the paper calls to the rethink of categorisation of waste and product in the context of prevention placing further emphasis on the environment and human health as its main condition simultaneously embracing circular economy thinking. The European Commission should provide a European standard for waste derived fuels, which is essential for a proper functioning of European market. Furthermore, the paper also discusses that the WFD (and its newest proposal) fails to properly address technological advancements designed to transfer ``waste'' to a valued resource without posing any threat to the environment, which could be upgraded to the prevention systems. Against this background, the patented micro-scale Home Energy Recovery Unit, designed to process all unwanted domestic materials to generate energy for the household is used as a case study in this article.
15. Renewable energy challenges and opportunities : the prospect of adopting a new policy and legal paradigm in Ghana
- Author
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Nyimakan, Samuel, Malinauskaite, J., and Heitsch, C.
- Subjects
Sustainable development ,Non-hydro renewable energy ,Government of Ghana ,Solar ,Energy security - Abstract
Global consumption of fossil fuels has wreaked havoc on the environment through anthropogenic greenhouse gas emissions. Meeting the ever-increasing demand for energy and limiting its impact on the environment are the two intertwined issues that confront the world. Against this backdrop, national and international stakeholders have been called to transition to renewable energy (RE) to provide energy security and stem climate change. As such, governments around the world have been formulating legal and policy frameworks to encourage the deployment of RE along with technological innovations. However, poor legal frameworks and policies, insufficient financial support, and incentives have rendered the adoption of RE technologies, especially in developing countries, woefully inadequate and Ghana is no exception. In Ghana, various legal and policy frameworks have been deployed for the development of hydro and non-hydro RE. However, the contribution of non-hydro RE (solar and wind) to the country's electricity generation mix is paltry due to various challenges. The research uses desktop analysis, empirical research, and comparative analysis to critically examine the existing Renewable Energy Act, 2011 (Act 832) and policies on RE in Ghana to ascertain the extent to which they effectively address energy security challenges. The results reveal many challenges as follows: a general poor implementation of the provisions of the Act, poor funding, obsolete grid network, transmission and distribution losses, and bureaucratic processes in licence acquisition to be responsible for the paltry diffusion of non-hydro RE in Ghana whose share was 0.3% in 2020. The research recommends that the government of Ghana (GoG) reviews the existing Renewable Energy Act, policies, and regulatory frameworks currently in operation to address deployment constraints. The thesis concludes by calling on the GoG to focus on specific legal and policy frameworks that would promote solar photovoltaic deployment as the country is endowed with abundant solar energy.
- Published
- 2022
16. The suppression of innovation : testing the open nature of Article 102 TFEU
- Author
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Erdem, Fatih Bugra, Malinauskaite, J., and De Pascalis, F.
- Subjects
EU competition law ,Abuse of dominant position ,Antitrust ,Restriction in innovation - Abstract
Innovation is one of the key determinants of competitive capacity, as either making or suppressing innovation can be effective tools for competing. In addition, innovations have improving characteristics for the advancement of consumer welfare and the economy. Therefore, companies want their contributions to existing technologies to be considered when they are accused of abusing their dominant positions because, in practice, competition conditions are evolving from price-centric to innovation-centric, particularly in technology markets, where almost all companies allocate considerable budgets to research and development (R&D) activities. Hence, the competition starts before the product is even released onto the market in the current economic climate, which requires these companies to innovate constantly. It is therefore likely that noninnovative companies will eventually leave the market, as the existence of companies is directly proportional related to their innovativeness. However, instead of being innovative, businesses can maintain their market share, and even increase it, by suppressing innovation. This can be done in many different ways, but this study examines specific types of innovation suppression practices, namely the non-use of patents, pay-for-delay agreements, standard-setting, spare parts design protection, evergreening patents and exclusionary product design (planned obsolescence), as these issues have not received adequate attention in terms of EU competition law despite their particular importance to the functioning of competitive markets. This thesis, accordingly, debates whether the suppression of innovation is anti-competitive as a form of abusing the dominant position and therefore contrary to Article 102 of the Treaty on the Functioning of the European Union (TFEU), since it leads to less choice for consumers and more market barriers for rivals. In particular, the thesis examines the grey area of the relationship between law and innovation over selected issues by testing Article 102 TFEU, the scope of application of which has been broadened by the AstraZeneca case, which tilted practice towards an entirely fresh approach. Pursuant to this case, whenever a practice causes anti-competitive effects on the market, Article 102 TFEU would be applicable, which provides an open interpretation. This study consequently demonstrates the negative impacts of innovation suppression practices on the market, as well as their anti-competitive features, in order to show the applicability of this specific rule.
- Published
- 2020
17. The role of competition law in the telecommunications sector in Saudia Arabia
- Author
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Alotaibi, Ibrahim M., Malinauskaite, J., and Korotana, M.
- Subjects
Anti=competitive practices ,Sharia ,Abuse of dominant ,Legal system ,Monopoly market - Abstract
The telecommunications sector is growing at an exponential rate as technology continues to advance and consumer demands continue to change. However, an evolving market brings with it a growing national economic need for a sustainable telecommunications sector. For many years, Saudi Arabia's telecommunications sector was monopolised by the majority state-owned Saudi Telecom Company. However, in an effort to bring competition to the sector and encourage privatisation, Saudi Arabia first enacted sectorspecific rules within the Telecommunications Act in 2001, followed by the broad Competition Law in 2004 as part of its journey to acceptance by the World Trade Organization. However, many of the anti-competitive practices that the laws sought to eliminate persist under the current framework. This study examines the state of competition in the telecommunications sector under Sharia, under the Telecommunications Act, and after the implementation of the Competition Law. The goal is to understand what effects, if any, each step of the legislative process has had on competition. Having evaluated the current state of the sector, this study then examines the competition models of telecommunications sectors in other jurisdictions to identify what lessons can be learned by Saudi Arabia and integrated into its competition model. Ultimately, this study argues that a harmonised framework in which both the Telecommunications Act and Competition Law work in concert will be the most effective means of increasing efficiency and creating a stable economic environment. This study also looks at how such a framework could be implemented within the Saudi system.
- Published
- 2019
18. A critical analysis of the protection of minority shareholders in Turkey
- Author
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Kaya, Meltem Karatepe, Malinauskaite, J., and Conway, G.
- Subjects
346 ,Minority shareholder ,Unfair prejudice petition ,Derivative action ,Liability claim - Abstract
In recent years there has been a focus on minority shareholder protection around the world. Turkey, accordingly, adopted new legislation in 2012, namely Turkish Commercial Code No. 6102 (TCC), to address newly-emerging needs but this study reveals that there is still a necessity for further improvement in regards to protecting minority shareholders' rights. This study is an examination of the extent to which Turkish law provides rights to minority shareholders so that they avoid disputes, and the extent to which Turkish law provides adequate remedies for minority shareholders to go to court when they have been mistreated and oppressed. The aim of this study is to compare the situation of the two jurisdictions taking into account the effect of similar remedies for minority shareholders in Turkey and the UK, namely unfair prejudice petition and derivative action in the UK and dissolution of a company for just causes and liability claim in Turkey. The study features some recommendations for concrete amendments to the Turkish Commercial Code (No. 6102) in order to provide better protection for minority shareholders.
- Published
- 2019
19. The role of the leniency programme in the enforcement of competition law in the UK : a complementary enforcement procedure or an admission of the failure of enforcement authorities to tackle anticompetitive behaviour head on?
- Author
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Jinadasa, Malini S., Malinauskaite, J., Korotana, M., and Danov, M.
- Subjects
343.07 ,UK antitrust policy ,OFT cases and materials ,EU and UK leniency in antitrust ,Immunity and antitrust law ,Corporate leniency in antitrust - Abstract
Leniency Programmes have been introduced as a complementary measure in the enforcement of competition law in detecting cartels, on the basis that hard to find evidence will be provided by undertakings coming forward to confess, in exchange for immunity or reduction in fines. The advantages of leniency are deemed to be twofold, since evidence is thereby expected to be given voluntarily, and in turn it would save up the limited resources available to enforcement authorities, by reducing lengthy investigations in search of evidence. Therefore, the widely accepted view by regulators, economists, and lawyers alike is that leniency is by far the most effective method of detecting and deterring anticompetitive activities by undertakings. An 'undertaking' covers any entity engaged in an economic activity that offers goods or services in a given market. In the UK, Chapter I of the Competition Act 1998 governs prohibitions that fall within the category of cartels of which price-fixing, market or customer sharing, agreements to restrict production or supply, and bid-rigging are the most serious 'hard-core cartels'. This study evaluates the efficacy of the Leniency Programme in the enforcement of competition law applied in respect of cartel infringements based on cases decided by the UK's principal enforcement authority. Chapter I cases decided and published over a twelve-year period, since the Competition Act 1998 came into force, have been analysed in order to evaluate whether the leniency programme has been an incentive for colluders to apply for leniency. The results indicate that very few leniency applications were submitted voluntarily before an investigation was begun by the enforcement authority. Moreover, the detection rate of Chapter I cases on average has been very low over the twelve-year period, less than 2 cases per year, excluding settlements. The research also shows that contrary to the accepted view that evidence relating to cartels is difficult to find, cartels studied in this thesis have left a trail of both electronic, and other evidence that the authorities were able to seize. Further, the leniency applicants were not always reliable witnesses, and despite leniency, the enforcement authorities had to conduct lengthy investigations, negating the cost saving assertion and taking resources away from ex officio interventions by the authorities. The conclusion drawn from this study is that rather than enhancing detection and deterrence of anticompetitive behaviour by undertakings, the leniency programme overlaps, and in effect, undermines the public enforcement of competition law in the UK.
- Published
- 2018
20. The obligation of host states to accord the standard of 'full protection and security' to foreign investments under international investment law
- Author
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Onyeani, Onyema Awa, Bantekas, I., Cole, T., and Malinauskaite, J.
- Subjects
346 ,Bilateral investment treaties ,Due diligence ,FPS analytic arbitral decisions ,The relationships between FPS and FET ,FPS interpretation under VCLT - Abstract
The analysis of this thesis is to examine whether foreign investors can fully rely on the standard of FPS in BITs for the protection of their investments in the territories of host States which has been mandated to States by international law. This question cannot be answered without giving insights into the content and structure of the origin of FPS standard and adopts a dynamic based-perspective of the interpretation of FPS under VCLT 1969, encompassing the relationship between FPS and CIL. It investigates the tribunals' interpretation of the clause using case laws and literatures to identify and explore the underlying explanatory process behind tribunals' case findings and outcomes. The study examines the critical realism that the obligation of FPS standard does not place absolute liability to a host State, rather the exercise of a reasonable degree of vigilance. It evaluates the controversy surrounding the relationships between FPS and FET, and illuminates on how the two standards may co-evolve which has led to various arbitral tribunals' divergence opinions interpretation of the two principles. The evaluation of the application of FPS to digital assets is dynamic in this research as it addresses the nature of threats investors face globally today over cyber attacks of digital investments. The thesis also emphasis on balancing up investors' rights and obligation, which explains the measures that States can apply to prevent foreign investors from engaging in illegitimate activities. Having look at all these issues, circumstances, and the controversies surrounding FPS standard, the result found is that there is a existence of a gap in this area of the law, that would mean that foreign investors cannot completely rely on the principle of FPS for the protection of their investments in the territories of the host unless this lacunae is properly filled by both the States and arbitral tribunals, especially the tribunals' interpretative meaning of the standard of FPS.
- Published
- 2018
21. Contractual justice under English and Shariah law of contract : the case of consumer protection
- Author
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Alabdulqader, Latifah Abdulmohshen and Malinauskaite, J.
- Subjects
346.02 ,Contract law ,Fairness ,Shariah law of contract ,Consumer protection - Abstract
The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.
- Published
- 2018
22. Consumer protection in the banking sector : the need for reform to protect bank consumers in Nigeria
- Author
-
Uzokwe, Henry Chilewubeze, Federico, F., and Malinauskaite, J.
- Subjects
343.07 ,Legal and regulatory framework ,financial services ,microfinance banks - Abstract
The protection of consumers of financial services has attracted a lot of debates following the global financial crisis of 2007 to 2009. As a result, there have been series of reforms in a number of jurisdictions across the globe. Despite this development some countries still lag behind and Nigeria is no exception. This study examines the problems of consumer protection in Nigeria, with specific reference to the bank consumers. The aim is to consider whether the Nigeria consumer protection regime provides "sufficient protection to bank consumers and whether it should be reformed". The study also focuses on the role of the Central Bank of Nigeria (CBN) in consumer protection, its dispute resolution mechanism and the practical challenges. The test of sufficiency will be analysed and discussed, using 'consistency', 'efficiency' and 'accessibility' in order to illustrate the existing weaknesses in resolving consumer dispute. The approach in this study is doctrinal analysis. In all, the findings suggest that there is need, to reform the consumer protection regime in the banking sector and enforce laws which will address issues highlighted in the study to enable the users of banking services in Nigeria to obtain an appropriate level of protection through regulatory processes. This study, therefore, also provides a comparative analysis between United Kingdom and Nigeria, using current consumer protection framework in the United Kingdom in making proposals for the needed reforms in Nigeria. The study thus concludes with the recommendation that the current Nigerian consumer protection regime does not offer adequate protection; hence protecting consumers require a holistic approach which includes effective consumer protection framework, enforcement, coordination and cooperation from different stakeholders.
- Published
- 2017
23. An evaluation of the performance of competition agencies : the case of Maghreb countries
- Author
-
Hamacha, Souheyr Rim, Malinauskaite, J., and Korotana, M.
- Subjects
343.07 ,Effectiveness ,Developing countries ,Regulatory agencies ,Competition law ,North Africa - Abstract
A competition agency represents an independent regulatory institution, which takes the form of an administrative body. A competition authority enables the development of markets and displays to market operators and new players a dedication to the principles of free markets and fair competition. In other words, a competition authority should intervene in a timely manner to correct any anti-competitive behaviour and implement the necessary remedies; it should be equipped with an adequate knowledge of the market in order to make its decisions. Moreover, its involvement should be predictable, that is, it should have a positive influence on markets. Furthermore, a competition agency should continuously evaluate its role as public institution and law enforcer by following the economic and legal evolution of the jurisdiction in which it operates. Until recently, the debate has predominantly revolved around the substance of competition law. However, in recent years, the evaluation of the performance of competition agencies has been embraced by numerous countries, including developing ones. This is because most emerging countries around the world have progressively been opening their domestic markets to competition, which led to giving more power to competition agencies to monitor markets. As this perspective has not been explored in the context of Maghreb countries, which also represent developing economies, this research endeavours to do so. Therefore, the aim of this research is to analyse the extent to which the performance of competition agencies in Maghreb countries influences the enforcement of competition law.
- Published
- 2017
24. A critical analysis of the European Union's state and policy impementation
- Author
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Kamaris, Georgios and Malinauskaite, J.
- Subjects
341.7 ,European Union ,Competition law ,International law - Abstract
State Aid policy has been an integral part of competition policy and the European Commission is responsible for controlling aid, which distorts competition in the internal market to be granted by Member States. State Aid is usually defined as advantages given by the State to undertakings in the form of financial contributions, support, or other forms of special treatment. This thesis will examine state aid policy and regulation in the European Union. The research aims at critically analysing the implementation of the rules that compose the European state aid framework and conclude on whether the system for the control of state aid is set in an effective way to achieve the objectives of protecting competition and therefore the internal market by limiting aid levels and streaming aid towards more beneficial aid. This research is important because it can reveal the particular benefits and problems caused by state aid and help by making recommendations for the future application of the rules.
- Published
- 2014
25. Merger and acquisition laws in UK, UAE and Qatar : transferring rights and obligations
- Author
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Al-Hemyari, Ameen Baggash Abdulhemed and Malinauskaite, J.
- Subjects
346 ,Merger and acquisition laws in the UK and UAE ,M & A laws in UK, UAE and Qatar ,Transferring rights and obligations in the UK, UAE and Qatar - Abstract
Across six Chapters, this thesis examines the legal effects of mergers and acquisitions (M&As) on the employees, Board of Directors and shareholders of companies with the objective of gaining in-depth understanding of this area. The thesis then develops legal and practical solutions for the problems and negative effects associated with M&As, specifically regarding employees, Boards of Directors and shareholder companies involved in such operations. This research determines to answer the following question: How do mergers and acquisitions (M&As) affect employees, management and shareholders rights and obligations? And what the legal basis for transferring their rights and liabilities between companies involved in M&As? Despite the importance of M&As as a means of economic concentration and emergence in terms of major commercial or industrial projects, the laws of both the UAE and Qatar do not sufficiently address the issue of mergers or their goals and conditions. They also fail to regulate acquisitions or to otherwise specify when acquisitions become necessary for companies. Furthermore, the laws do not specify the rights of workers regarding their knowledge of or participation in M&As or developed adequate solutions for the negative impacts on companies workers in such processes. These laws do not provide the right for the Board of Directors of the transferor company to merge with the Board of Directors of the transferee company. Additionally, they also unsuccessfully address the minority shareholders right (those not interested in the merger) to exit the merged company and recover the value of their shares. Moreover, the UAE and Qatar have not developed appropriate solutions for the exchange of shares between companies involved in mergers in the case of dissimilarity between the actual values of the shares of both companies. This has notably led to jurisprudence and judiciary confusion between the concept of M&As, their legal nature and the legal basis or theory for the transfer of the rights and liabilities of employees, management and shareholders between companies involved in M&A operations. In accordance with legal texts, the above discussion, M&A legal theory and the theory of the agency contract between a company and its Board of Directors, the thesis argues that M&As should not lead to cutting labour contracts or negatively affect employee rights as long as corporate ventures remain in place and M&A operations do not lead to the liquidation of merged or acquired companies. Also, the thesis shows that a company is linked with its Board of Directors through a special form of agency contract, which justifies the transfer of the rights of the Board of Directors of the merged company with regards to the merging or new company management. The thesis also develops solutions and processes for the exchange of shares between merged companies when there are differences between the actual values of their shares, through the shareholders of the merged company buying shares from the merging company or by selling their shares to the merging company and recovering the value of their shares in cash. The study also recommends taking a set of procedural measures during M&As, modifying some of the relevant legal texts of the UAE and Qatar, which would mitigate the negative effects of mergers and acquisitions. Furthermore, this research suggests ways to improve such laws to reach the level of those of developed countries, in order to encourage mergers and acquisitions in the region.
- Published
- 2012
26. The role of competition law in the telecommunications sector in Saudia Arabia
- Author
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Alotaibi, Ibrahim M, Malinauskaite, J, and Korotana, M
- Subjects
Abuse of dominant ,Monopoly market ,Sharia ,Legal system ,Anti=competitive practices - Abstract
This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London The telecommunications sector is growing at an exponential rate as technology continues to advance and consumer demands continue to change. However, an evolving market brings with it a growing national economic need for a sustainable telecommunications sector. For many years, Saudi Arabia’s telecommunications sector was monopolised by the majority state-owned Saudi Telecom Company. However, in an effort to bring competition to the sector and encourage privatisation, Saudi Arabia first enacted sectorspecific rules within the Telecommunications Act in 2001, followed by the broad Competition Law in 2004 as part of its journey to acceptance by the World Trade Organization. However, many of the anti-competitive practices that the laws sought to eliminate persist under the current framework. This study examines the state of competition in the telecommunications sector under Sharia, under the Telecommunications Act, and after the implementation of the Competition Law. The goal is to understand what effects, if any, each step of the legislative process has had on competition. Having evaluated the current state of the sector, this study then examines the competition models of telecommunications sectors in other jurisdictions to identify what lessons can be learned by Saudi Arabia and integrated into its competition model. Ultimately, this study argues that a harmonised framework in which both the Telecommunications Act and Competition Law work in concert will be the most effective means of increasing efficiency and creating a stable economic environment. This study also looks at how such a framework could be implemented within the Saudi system.
- Published
- 2019
27. The role of the leniency programme in the enforcement of competition law in the UK
- Author
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Jinadasa, Malini S, Malinauskaite, J, Korotana, M, and Danov, M
- Subjects
Corporate leniency in antitrust ,Immunity and antitrust law ,UK antitrust policy ,OFT cases and materials ,EU and UK leniency in antitrust - Abstract
This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London Leniency Programmes have been introduced as a complementary measure in the enforcement of competition law in detecting cartels, on the basis that hard to find evidence will be provided by undertakings coming forward to confess, in exchange for immunity or reduction in fines. The advantages of leniency are deemed to be twofold, since evidence is thereby expected to be given voluntarily, and in turn it would save up the limited resources available to enforcement authorities, by reducing lengthy investigations in search of evidence. Therefore, the widely accepted view by regulators, economists, and lawyers alike is that leniency is by far the most effective method of detecting and deterring anticompetitive activities by undertakings. An ‘undertaking’ covers any entity engaged in an economic activity that offers goods or services in a given market. In the UK, Chapter I of the Competition Act 1998 governs prohibitions that fall within the category of cartels of which price-fixing, market or customer sharing, agreements to restrict production or supply, and bid-rigging are the most serious ‘hard-core cartels’. This study evaluates the efficacy of the Leniency Programme in the enforcement of competition law applied in respect of cartel infringements based on cases decided by the UK’s principal enforcement authority. Chapter I cases decided and published over a twelve-year period, since the Competition Act 1998 came into force, have been analysed in order to evaluate whether the leniency programme has been an incentive for colluders to apply for leniency. The results indicate that very few leniency applications were submitted voluntarily before an investigation was begun by the enforcement authority. Moreover, the detection rate of Chapter I cases on average has been very low over the twelve-year period, less than 2 cases per year, excluding settlements. The research also shows that contrary to the accepted view that evidence relating to cartels is difficult to find, cartels studied in this thesis have left a trail of both electronic, and other evidence that the authorities were able to seize. Further, the leniency applicants were not always reliable witnesses, and despite leniency, the enforcement authorities had to conduct lengthy investigations, negating the cost saving assertion and taking resources away from ex officio interventions by the authorities. The conclusion drawn from this study is that rather than enhancing detection and deterrence of anticompetitive behaviour by undertakings, the leniency programme overlaps, and in effect, undermines the public enforcement of competition law in the UK.
- Published
- 2018
28. Consumer protection in the banking sector
- Author
-
Uzokwe, Henry Chilewubeze, Federico, F, and Malinauskaite, J
- Subjects
Legal and regulatory framework, financial services, microfinance banks ,Bank regulation in the United Kingdom and Nigeria ,The role of the Central Bank of Nigeria, unregulated market conduct and remedies under the CPC Act ,Regulation and supervision of banks, community banks and dispute resolution ,Financial education and empowerment, administrative and regulatory issues, penalties and punishment - Abstract
This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London The protection of consumers of financial services has attracted a lot of debates following the global financial crisis of 2007 to 2009. As a result, there have been series of reforms in a number of jurisdictions across the globe. Despite this development some countries still lag behind and Nigeria is no exception. This study examines the problems of consumer protection in Nigeria, with specific reference to the bank consumers. The aim is to consider whether the Nigeria consumer protection regime provides “sufficient protection to bank consumers and whether it should be reformed”. The study also focuses on the role of the Central Bank of Nigeria (CBN) in consumer protection, its dispute resolution mechanism and the practical challenges. The test of sufficiency will be analysed and discussed, using ‘consistency’, ‘efficiency’ and ‘accessibility’ in order to illustrate the existing weaknesses in resolving consumer dispute. The approach in this study is doctrinal analysis. In all, the findings suggest that there is need, to reform the consumer protection regime in the banking sector and enforce laws which will address issues highlighted in the study to enable the users of banking services in Nigeria to obtain an appropriate level of protection through regulatory processes. This study, therefore, also provides a comparative analysis between United Kingdom and Nigeria, using current consumer protection framework in the United Kingdom in making proposals for the needed reforms in Nigeria. The study thus concludes with the recommendation that the current Nigerian consumer protection regime does not offer adequate protection; hence protecting consumers require a holistic approach which includes effective consumer protection framework, enforcement, coordination and cooperation from different stakeholders.
- Published
- 2017
29. Planned Obsolescence in the Context of a Holistic Legal Sphere and the Circular Economy.
- Author
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Malinauskaite J and Erdem FB
- Abstract
Businesses may take advantage of rapid technological developments to increase sales by designing products with a short lifespan and encouraging consumers to buy a replacement more quickly than they otherwise might have to, which is commonly known as planned obsolescence. While employing a holistic approach and exploring planned obsolescence from three different angles-the demand side, supply side and environmental side-the article argues that the current measures in the fields of unfair competition and consumer protection law, competition law and environmental law are quite insufficient to deal with planned obsolescence. Therefore, there is a need for an EU measure outlawing planned obsolescence in the context of the circular economy., (© The Author(s) 2021. Published by Oxford University Press.)
- Published
- 2021
- Full Text
- View/download PDF
30. Energy efficiency in the industrial sector in the EU, Slovenia, and Spain.
- Author
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Malinauskaite J, Jouhara H, Egilegor B, Al-Mansour F, Ahmad L, and Pusnik M
- Abstract
'Energy efficiency first' is one of the key principles of the Energy Union, mainly due to it being the most cost effective way to reduce emissions, improving energy security, enhancing competitiveness and making energy consumption more affordable for all consumers. In light of the revised EU Energy Efficiency Directive, this paper discusses new developments brought by the EU together with the national case studies of Slovenia and Spain. Given that the paper has a specific focus on the industrial sector, it discusses the selected measures of the Energy Efficiency Directive, such as defined in Articles 7, 8, and 14, which are the most relevant to this sector. The paper also explores the newly issued integrated national energy and climate plans together with national measures and policies that support energy efficiency in industry, including the quantification of achieved and forecast energy savings in these two EU Member States., Competing Interests: The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper., (© 2020 Elsevier Ltd. All rights reserved.)
- Published
- 2020
- Full Text
- View/download PDF
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