Abstract
(Précis of a course of lectures on Industrial Legislation)
by M.-A. Flamme
Lecturer at the University of Brussels
The author begins by defining « Industrial Legislation » as an academic field. This subject is optional for undergraduates of the Faculties of Laws of the four Belgian Universities, in the last two semesters of their studies. But its scope has never yet been determined precisely. French, and Belgian, authors writing on Industrial Legislation, in point of fact treat only of labour legislation — classed in Belgian universities under « Social Legislation ».
Yet, between Private and Public Law, there is an important sector, the limits of which are not closely defined, comprising inter alia Transport, Motive Power, and Mines, considered as « the big three » of Industrial Legislation.
The author reviews: rail transport, both railways proper and the rural lines operated respectively (in Belgium) by the Société Nationale des Chemins de fer Belges and the Société Nationale des Chemins de fer Vicinaux; tramways (of which the Brussels Intercommunal régie or « directly operated public enterprise » is the most advanced example); road transport, both passengers and goods; inland waterways transport; air transport, for each of which the regime of concessions, of control, and, in some cases, of direct operation comes under consideration.
The second chapter deals with power production and distribution; the third with mines. Further, the doctrinal aspects of the freedom of trade and of industry are studied, in Law. In conclusion, the author finds that the title Industrial Legislation, is somewhat of a misnomer. Economists often place industry in opposition to trade, whilst jurists group them both under « Commercial Law ». Speaking more generally, human industry is a global concept. And it is hard to say under what heading industrial ownership, distinct or not from freedom of trade and industry, is to be classed, in view of problems such as that of the civil or the public rights involved.
Industrial Legislation would appear to come best under Economic Administrative Law, or Economic Public Law, concerned with State regulatory powers and protectionism, or even interventionism.
Freedom or Control of industry? The choice between the two is the very crux of modern existence.
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