Andrea Mackielo - Academia.edu (original) (raw)
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Papers by Andrea Mackielo
e-Competitions Bulletin, Jul 28, 2010
Introduction In the context of determining the appropriate remedies to be applied for an abuse of... more Introduction In the context of determining the appropriate remedies to be applied for an abuse of dominant position, the Spanish Supreme Court faced the question of how to tackle the lapse of…
ILSA Journal of International and Comparative Law, 2009
Mackielo second one is strict responsibility. The mere breach of an obligation, regardless of the... more Mackielo second one is strict responsibility. The mere breach of an obligation, regardless of the state's efforts towards fulfillment of the obligation, entails its responsibility. 4 A third scheme is that pertaining to liability without a wrongful act. In this case, liability arises from lawful activities, as long as there is a causal link between them and the damage caused. This scheme relies on the idea that the application of modem technology to industrial activities creates a special situation, not adequately addressed by the traditional scheme of state responsibility. Some authors support this rationale with respect only to ultra hazardous activities, 5 whilst others 6 extend it to any activity that may cause damage to the environment. However, it has to be noted that the type of regime of responsibility cannot be consecrated in the abstract, irespective of the nature and extent of the obligation concerned. Otherwise, the very nature of the obligation would be changed, as this article will exemplify in the following paragraphs. damage, whilst moral damage would only be a basis for action if there was a specific governing rule of international law. Territorial Sovereignty, supra note 3, at 59. 4. Authors that adhere to this concept argue that states are under an absolute obligation to prevent pollution and are thus liable for its effects irrespective of fault. In support of this position, see L.
Temas De Derecho Industrial Y De La Competencia, 2010
Introduction The present case reveals the challenges posed by the implementation of de-regulatory... more Introduction The present case reveals the challenges posed by the implementation of de-regulatory measures. Indeed, after many years of granting a legal monopoly over the manufacturing and…
e-Competitions Bulletin, Jul 28, 2010
Introduction In the context of determining the appropriate remedies to be applied for an abuse of... more Introduction In the context of determining the appropriate remedies to be applied for an abuse of dominant position, the Spanish Supreme Court faced the question of how to tackle the lapse of…
ILSA Journal of International and Comparative Law, 2009
Mackielo second one is strict responsibility. The mere breach of an obligation, regardless of the... more Mackielo second one is strict responsibility. The mere breach of an obligation, regardless of the state's efforts towards fulfillment of the obligation, entails its responsibility. 4 A third scheme is that pertaining to liability without a wrongful act. In this case, liability arises from lawful activities, as long as there is a causal link between them and the damage caused. This scheme relies on the idea that the application of modem technology to industrial activities creates a special situation, not adequately addressed by the traditional scheme of state responsibility. Some authors support this rationale with respect only to ultra hazardous activities, 5 whilst others 6 extend it to any activity that may cause damage to the environment. However, it has to be noted that the type of regime of responsibility cannot be consecrated in the abstract, irespective of the nature and extent of the obligation concerned. Otherwise, the very nature of the obligation would be changed, as this article will exemplify in the following paragraphs. damage, whilst moral damage would only be a basis for action if there was a specific governing rule of international law. Territorial Sovereignty, supra note 3, at 59. 4. Authors that adhere to this concept argue that states are under an absolute obligation to prevent pollution and are thus liable for its effects irrespective of fault. In support of this position, see L.
Temas De Derecho Industrial Y De La Competencia, 2010
Introduction The present case reveals the challenges posed by the implementation of de-regulatory... more Introduction The present case reveals the challenges posed by the implementation of de-regulatory measures. Indeed, after many years of granting a legal monopoly over the manufacturing and…