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Wolfgang Petritsch, Goran Svilanovic, Christophe Solioz - Serbia Matters: Domestic Reforms and European Integration

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Wolfgang Petritsch (Hrsg.), Goran Svilanovic (Hrsg.), Christophe Solioz (Hrsg.)

Serbia Matters: Domestic Reforms and European Integration

Reihe: Southeast European Integration Perspectives

Band 1 2009

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Vojin Dimitrijević Trouble Defining Serbia’s National Interest S. 143-150

„… 143 Vojin Dimitrijević Trouble Defining Serbia’s National Interest Serbia is …” „… currently experiencing great difficulties in defining its national interest. This concept has been at the …” „… , the concept of national interest can have both a descriptive and a prescriptive value. In …”

Vladimir Vuletić Serbia’s Political Elite: Attitudes towards European Integration S. 85-92

„… while pragmatists highlight that EU membership would be the route to the easier achievement of national …” „… benefits depends on the national elite’s readiness to transfer a significant part of their decision-making …” „… EU membership refer to the undermining of national sovereignty; the democratic deficit; and, in the …”

Milko Štimac, Aaron Presnall The Capital Market in Serbia S. 211-220

„… the ailing regime that national finances were rigidly structured, which suited the regime’s political …” „… institution to manage joint-stock books and securities transactions, the National Bank of Serbia established …” „… Central Register: a separate institution, independent of the National Bank, but owned by the government …”

Ivan Čolović Culture and Politics in Serbia: Conflicts and Their Settlement since the Middle of the Twentieth Century S. 129-136

„… , first and foremost, by the ruling elite, who consider it to be in their best interest to lend their …” „… principle for themselves and a source of their own legitimacy. This interest in culture became pronounced …” „… in art was abandoned — the Serbian communists retained their interest in culture. A sort of New Deal …”

Wolfgang Petritsch, Goran Svilanovic, Christophe Solioz Why Serbia Matters S. 11-24

„… its national interest in a new context. For the first time — after the project of ‘Greater Serbia …” „… ’ and the expansionist dreams had been defeated — Serbia has to face its national interest in terms of …” „… ). This new understanding of multiple identities could shape Serbia’s national interest — which is …”

Florian Bieber Territory, Identity and the Challenge of Serbia’s EU Integration S. 65-72

„… control of territory by national identities became a driving force in the late 1980s. The failure of …” „… to protect co-nationals. Most notably, this has been seen in the policy of creating Serb para-States …” „… the Protection of National Minorities of the Council of Europe to the High Commissioner on National …”

Dušan Pavlović Symbolic and Distributional Cleavages in Serbia after 2000 S. 165-180

„… ’ reasons and ‘higher’ interests (which are usually couched in the form of national or State interests …” „… , justifying this move by an appeal to ‘higher’ (national) interest …” „… means by appealing to ‘higher’ (national) interest, thus moving politics outside the institutional …”

Obrad Savić The Europeanisation of Serbia S. 99-108

„… institutions at the subnational, national and supranational levels, each defending his/her/its own interests …” „… was established for the self-intensification of national States’ interests. Debate about the …” „… : integration into the EU. This means that we have to promote the idea of the new, post-national Europe, the …”

Giuliano Amato Setting Serbs Free of the Serb Dilemma S. 109-112

„… self-interest will remain, but self-interest will have an impact on common actions, while it will be …” „… . Serbia has a difficult and tormented history. Proud of its national identity, the country had to defend …” „… national pride. Under these conditions, losing Kosovo has an understandable emotional impact. However …”

Romana Vlahutin The European Union, the Western Balkans and Serbia: Can Things Be done Better? S. 55-64

„… pleasant face trying to promote the interests of her employer and her country. Tomorrow, in all the …” „… responsibilities far beyond its national borders, in every sense. Therefore, situations where the EU did not ‘put …” „… its money where its mouth is’ and when power politics and the politics of unilateral interests took …”

Erhard Busek Serbian Mythology and Realism S. 113-116

„… to the forging of Serbia’s ‘national identity’, but which are also responsible for the many …” „… consequences were national hatred, ethnic cleansing and fights for borders; but also, in the final analysis …” „… specific mission, creating a feeling of national heroism — and thus a faulty perception of reality. The …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Vojin Dimitrijević Trouble Defining Serbia’s National Interest 143 Biljana Kovačević-Vučo The Rule …” „… Survey NAM Non-Aligned Movement NATO North Atlantic Treaty Organisation NPI (Serbian) National …”

Contributors S. 221-225

„… Montenegro European Integration Office (2003–04). Academic interests, apart from Serbia and Montenegro and …” „… (NTNU); working group leader at the Centre for the Study of Civil War, PRIO. Fields of interest are …” „… Institute (2002–05). Academic interests include Serbia’s European integration process, the stabilisation …”

Vladimir Gligorov Serbia: Floating without an Anchor S. 181-186

„… , consumer prices and wages, 2004–07 (year-on-year growth in per cent) Note: *NUC = National currency …” „… unit. Source: Vienna Institute for International Economic Studies (wiiw), incorporating national …” „… interest rates on foreign loans or measured depreciation of the currency could have had significant …”

Tanja Miščević Serbia’s Administrative Capacity: Driving European Integration S. 93-98

„… legal protection of property rights and interests of the Republic of Serbia and other bodies …” „… government has adopted, the Serbian National Programme for Integration into the EU (NPI),7 which is the …” „… , which is influenced by the national programme for the adoption of the acquis communautaire that each …”

Ivan Krastev Dangerous Analogies S. 117-122

„… intellectual elite underestimated the power of national sentiments and managed (wrongly) to convince themselves …” „… not going to allow this to happen. Tito’s ‘national way of communism’ was useful for both Moscow and …” „… interests. The EU has never been enthusiastic about geopolitics, but it has a lot to gain from the world of …”

Mihail Arandarenko Serbia’s Troubled Labour Market S. 201-210

„… : interest rates can be further decreased and restrictions on credit expansion should be additionally …” „… . Following best European practices, the national employment action plan should represent the backbone of …” „… reduction in labour taxation, concessions continue to be made to powerful interest groups, especially in the …”

Sonja Biserko Serbia’s European Potential Crumbles S. 77-84

„… . The Serb national minority has always been the main instrument for destabilising Serbia’s neighbours …” „… present, several strategic initiatives are at work with the object of relativising interest in the crimes …” „… the Croats and Muslims, who played on the immanent religious and national intolerance and …”

Biljana Kovačević-Vučo The Rule of Law, Human Rights and the Constitution of Serbia S. 151-156

„… of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in …” „… be observed and applied by national legislatures, should have served as the foundation for the …”

Hannes Swoboda Serbia and European Integration S. 33-40

„… that the time was right to realise their national independence. In relation to foreign policy …” „… interests in relation to Russia. The recent (January 2009) events in connection with the Russian–Ukrainian …”

doi.org/10.5771/9783845217673

José Luis de Sales Marques, Reimund Seidelmann, Andreas Vasilache - States, Regions and the Global System

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José Luis de Sales Marques (Hrsg.), Reimund Seidelmann (Hrsg.), Andreas Vasilache (Hrsg.)

States, Regions and the Global System

Reihe: Transformation, Development, and Regionalization in Greater Asia

Band 8 2011

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Andreas Vasilache In the National Interest of Norms: Rethinking the Conceptual Relationship between Norms and the National Interest S. 83-98

„… 83 In the National Interest of Norms: Rethinking the Conceptual Relationship between Norms and the …” „… National Interest Andreas Vasilache 1. Introduction The relationship between norms and national interests …” „… guess, but can also be found in IR theory: on the one hand, national interests are the driving forces …”

Sergey Yun Russian Policy in East Asia S. 349-366

„… instruments instead of reliance on coercion, the acceptance of North Korea’s interests/demands for security …” „… interests of Russia in the spheres of security and economy. The wide-scale presence of the U.S. superpower …” „… coherent strategy of national development under the new post-Soviet circumstances. The second period of the …”

Reimund Seidelmann Analysing Foreign Policy: A Contribution to the Methodology of Understanding, Evaluating, and Reconstructing Foreign Relations S. 19-65

„… instruments used by the national actor to pursue its interest, project its norms, and to improve absolute and …” „… actual threats against sovereignty, legitimate national security interests, and the integrity of the …” „… effectiveness both vis-à-vis national interests as political development of the regional or the global system …”

Thomas Meyer Globalisation, Regionalization and Stateness S. 65-83

„… : Suhrkamp. 83 In the National Interest of Norms: Rethinking the Conceptual Relationship between Norms and …” „… the National Interest Andreas Vasilache 1. Introduction The relationship between norms and national …” „… intuitive guess, but can also be found in IR theory: on the one hand, national interests are the driving …”

Reimund Seidelmann, Andreas Vasilache Introduction: States and Regions in Globalised Relations S. 11-18

„… theoretical and methodological look at the concept of national interest, which is still a prominent idea in …” „… norms and national interest he demonstrates the paradoxical structure of the concept while at the same …” „… cooperation in Asia-Paciic can be regarded as a major multiplier for national and global development – while …”

Elena Belokurova EU Policies towards Russia: The Search for Integration Mechanisms beyond Conditionality S. 99-121

„… countries, Russia could resist demands and behave according to its national interests, deined in different …” „… . However, in the 2000’s Russia started defending its national interests even if they didn’t meet the EU’s …” „… primarily aimed at insuring national interests and enhancing the role and image of Russia in Europe and in …”

Jian Junbo Pluralism as a Philosophical Basis of Chinese Diplomacy S. 333-349

„… protect China’s core national interests. This trend has been strengthened by developments since the …” „… society should strictly adhere to in order to legitimize national interests and keep respect for diverse …” „… through hegemonic approaches. All of them have to protect national interests and prevent sovereign …”

Dai Bingran China’s Foreign Policy and External Relations in the Post Cold-War Period S. 319-333

„… fundamental national interests11 and its international responsibilities as a big power require China to play …” „… discussion of the concept of the national interest see the contribution of Andreas Vasilache in this volume …” „… protect China’s core national interests. This trend has been strengthened by developments since the …”

Solange Guo Chatelard Unpacking the New “Scramble for Africa”: A Critical and Local Perspective of Chinese Activities in Zambia S. 175-199

„… number of African countries. It has done this by providing low interest loans and cheap manufactured …” „… trading partners and potentially displacing European, American, and other countries’ interests and soft …” „… Western interest about Chinese affairs in Africa and scarce published work on the topic.7 Most of the …”

Laurent Scheeck Nested Regionalism and Politics of Linkage: The EU, NATO and the Council of Europe – Case Studies for a Comparative Research Agenda S. 121-141

„… conlicts of loyalty among national actors, as well as inter-institutional competition – even if most of the …” „… , several judges from national higher courts (France, Belgium, Germany) as well as members of the NATO …” „… . The interaction between the European courts and – importantly – between these courts and national …”

Jangho Kim Left in the Cold: Limitations of Regional Security Cooperation in Northeast Asia S. 295-309

„… peninsula. Given this situation, therefore, it is not conducive to its national interests if South Korea …” „… peace-building in Northeast Asia. In a pluralistic security community, a group of states must share interests and …” „… change in the regional balance of power. Secondly, the fundamental geopolitical interests of the major …”

Tatjana Zimenkova Between European and National Citizenship Identities: Challenges, Problems, and Soft Practices of Identity Building in Educational Policies S. 199-229

„… national interest and understanding of Europe as a unity of national states with their own goals is …” „… countries, leaving aside any allegiances to blocs or other groups. National interests stripped bare of any …” „… 199 Between European and National Citizenship Identities: Challenges, Problems, and Soft Practices …”

Titelei/Inhaltsverzeichnis S. 2-8

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Thomas Meyer In the National Interest of Norms: Rethinking the Conceptual Relationship between …” „… Norms and the National Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Andreas …” „… National Citizenship Identities: Challenges, Problems, and Soft Practices of Identity Building in …”

Xinning Song Bilateralism and Multilateralism in Chinese Foreign Policy S. 309-319

„… national policies, it inspires awe, mystery, distance, and, therefore, curiosity and growing interest. Out …” „… that if international cooperative regimes for the management of conlicts of interest are to be …” „… therefore lends itself to issues where clear common interests in the international community are …”

Masako Ikegami Peace and Conflict in a Globalised World: Linking Regional Security to Global Peace S. 243-275

„… interests (as seen in the East China Sea and the South China Sea) increase the risk of conlict. According …” „… and North Korea.29 Due to China’s geopolitical and strategic interests in the matter, North Korea and …” „… during the Cold War. Having received favourable treatment in national budgets since the early 26 The …”

Bob S. Hadiwinata Human Security in Europe and Asia: Between Rhetoric and Reality S. 141-157

„… Practices. In: Tan, See Seng/Acharya, Amitav (eds.). Asia-Paciic Security Cooperation. National Interests …” „… . Second, real security in a globalizing world cannot be provided on a purely national basis; a …” „… . Third, the traditional focus on state (or national) security is inadequate and needs to encompass …”

Sung-Hoon Park The Dynamics of Regionalism in the APEC Region: Tendencies, Characteristics, and Policy Issues S. 157-175

„… time of their dificulties. Consequently, their interest in APEC cooperation waned, whereas their …” „… interest in own regionalism increased to a substantial degree. Second, this tendency had been reinforced …” „… September 18, 2010). Some national sources were used additionally. 162 Table 3 below provides …”

Martin Chung Chi-Kei From Nation to Region: Comparing Joint History Writing in Europe and East Asia S. 229-242

„… Chi-Kei 1. Introduction In surveying the global history of national historiographies, Berger remarks that …” „… “national narratives time and again led to intolerance, xenophobia, violence, war and genocide”.1 If …” „… be the transcending element of national narratives.3 Almost at the same time, between 2005 and 2006 …”

Tsutomu Kikuchi The Six Party Talks as a Multilateral Security Mechanism in Northeast Asia S. 275-295

„… institutions such as national sovereignty, sovereign equality and established diplomatic practices are …” „… areas and institutions for the purpose of pursuing individual or collective goals and interests. When …” „… actors seek to link institutions intentionally (deliberately) in the interests of pursuing individual …”

doi.org/10.5771/9783845228501

Amelia Hadfield-Amkhan - British Foreign Policy, National Identity, and Neoclassical Realism

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Amelia Hadfield-Amkhan

British Foreign Policy, National Identity, and Neoclassical Realism

2010

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Chapter 03. Analyzing National Identity, National Interests, andForeign Policy S. 43-66

doi.org/10.5771/9781442205468

Adam Bence Balazs, Christina Griessler - The Visegrad Four and the Western Balkans

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Adam Bence Balazs (Hrsg.), Christina Griessler (Hrsg.)

The Visegrad Four and the Western Balkans

Reihe: Andrássy Studien zur Europaforschung

Band 25 2020

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Christina Griessler Conclusion – Contradictions of Regional Identity and National Interests S. 289-300

„… Conclusion – Contradictions of Regional Identity and National Interests Christina Griessler …” „… National Interests 291 in order to receive their support. In divided societies, such as Bosnia and …” „… – Contradictions of Regional Identity and National Interests 293 results of the first pluralistic elections in 1990 …”

List of Authors S. 301-306

„… and national research projects. His scientific interests include the theory of the state, public …” „… perspectives for Europe, with a special interest in the political concept of lateness. Besides working on Late …” „… Balcer is programme director at the College of Eastern Europe (KEW). He also works as National Researcher …”

Adis Maksic Leaders and Ethnicity in post-Yugoslav States: The Discursive Politics of Aleksandar Vucic and Kolinda Grabar-Kitarovic S. 125-150

„… , however, they serve as proxies to ethno-national interests. Beyond the day-to-day politics, Croatia and …” „… definitions of national interest speak for the collective self and about the relations with the other, and as …” „… Union emerges here as a natural ambition and national interest. The second voice presents Serbia as a …”

Ondřej Daniel “Not Racists but Careful.” Czech Perceptions of Visegrad Collaboration during the Crisis of European Migration Policies S. 107-124

„… National Identity vs Regional Belonging “Not Racists but Careful.” Czech Perceptions of Visegrad …” „… strengthened the debates about national sovereignty in the EU and became an important mobilising agenda for …” „… pursue their own neo-colonial interests in the Western Balkans or in the post-Soviet space, which may …”

Ešref Kenan Rašidagić Religious Institutions as Agents of Continuing Ethnic Mobilisation in Croatia and Bosnia and Herzegovina S. 151-170

„… itself as the champion of the Croatian state’s national interests: “We are facing tenacious resistance to …” „… played a key role in the national homogenisation and construction of new identities. The second phase …” „… political-religious interests in this process. This is not to say that the political elites and religious leaders of …”

Adam Bence Balazs Introduction – All Happy Regions are Alike S. 9-24

„… not – the shortcomings and deadlocks of national identity. The essays in this book focus on common …” „… belonging in the V4 and the WB beyond the often contrasting or antagonistic national narratives? Or is …” „… regional belonging merely a patchwork of national identities? As we will see throughout this collection …”

Andrea Schmidt New Regimes, Old Fears. Layers of Democracy and Regime Changes in Hungary S. 259-288

„… opposition that gradually implemented the System of National Cooperation. The aim of this chapter is to give …” „… have won two further elections, enabling them to implement the System of National Cooperation (Nemzeti …” „… long-term national leaders: Horthy, Kádár and Orbán. The three leaders pursued politics of consolidation.22 …”

Titelei/Inhaltsverzeichnis S. 1-8

„… National Interests 289 Christina Griessler List of Authors 301 Content 8 …” „… on the regional and national level. We are grateful to the IVF for the funding and the …” „… Wiszniowski and Kamil Glinka National Identity vs Regional Belonging “Not Racists but Careful.” Czech …”

Ladislav Cabada Region and Identity. The Perspective from Central Europe and the Balkans S. 25-62

„… over the last two centuries has led to the formation of the national state as the most important …” „… territories from at least two states, often divided during the national state-formation process and …” „… national level,6 have been supplemented by many other studies that also incorporate the mezzo-category of …”

Tamara Trošt, Jovana Mihajlović Trbovc Identity Politics in History Textbooks in the Region of the Former Yugoslavia S. 197-230

„… minorities were allowed to have Supplements for subjects of “national interest”: nature and society, history …” „… Minorities Languages and in Subjects of Interest for National Minorities” [Plan udžbenika za osnovnu školu na …” „… within and across countries. Keywords: history textbooks, national identity/nationhood, national …”

Adam Balcer Jewish Muslim Poles: Frankism, Modern Polish National Identity and its Ambivalent Multicultural Heritage S. 171-196

„… Jewish Muslim Poles: Frankism, Modern Polish National Identity and its Ambivalent Multicultural …” „… contradictions of Polish national identity that originate from Poland’s multi-ethnic and multireligious heritage …” „… literature, Polish national identity, anti-Semitism, Islamophobia, multicultural heritage Introduction On …”

Nikola Zečević Contemporary Language-Naming Practices in the Western Balkans S. 231-258

„… their national language. The Serbo- Croatian language was conceived after signing the Vienna Literary …” „… decided that the national language of Croats, Serbs and Montenegrins4 is a single language and that …” „… as a separate nation. They were recognised under the national name “Muslims” in 1968, while in 1993 …”

Robert Wiszniowski, Kamil Glinka Between Identity and Politics. In Search of a Measurement of Identity Freedom – the Case of the Visegrad Group and of the Western Balkans S. 83-106

„… category treated as an object of interest by the representatives of various, often different scientific …” „… discussion. Regardless of whether it is national, cultural or religious identity that is being discussed, the …” „… negotiation of group interests. Second, it can be justified by discussing the aspirations of the Western …”

doi.org/10.5771/9783748901136

Khrushchev Ekwueme - Protection of Foreign Investment in Context

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Khrushchev Ekwueme

Protection of Foreign Investment in Context

Reihe: Nomos Universitätsschriften - Recht

Band 496 2007

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Public Purpose and National Interest S. 175-177

„… purpose« and »national interest«. Section 25(2) does not mention »non-discrimination« as a condition for …” „… Nigerian courts are going to interpret the requirementsof public purpose and national interest under the …” „… requirement of national interest is seldom provided for in investment codes and BITs asa condition for the …”

Discrete Expropriation S. 90-95

„… , whichprovides that:»Property of nationals and companies of either High Contracting Party, including interestsin …” „… Revised Restatement«, (1984) 25(1) VJIL 75.91tion of the property of U.S. nationals by Mexico.288 On that …” „… note 196, at 341.293 Sedco Incorporation v. National Iranian Oil Company and Islamic Republic of Iran …”

Resolutions of the U.N. General Assembly S. 99-102

„… nationals to bear a greater burden in the public interest than non-nationals.«3354.5. State Practice …” „… be based on grounds or reasons of public utility, security or the national interest which are …” „… distinction between the right of nationals and the right of non-nationals to compensation for taking under …”

Expropriation and Nationalization S. 174-175

„… Purpose and National InterestThe conditions for expropriation or nationalization under the Act are first …” „… andforemost »public purpose« and »national interest«. Section 25(2) does not mention »non-discrimination« as a …” „… to surrender his interest in the capital to any other person. (2) There shall be no acquisition of an …”

The Scope of the NIPC Act S. 162-164

„… of its 40% shareholding in United African Company ofNigeria (»UACN«).616 In the same year, National …” „… (»UBA«)notified UBA of the company’s intention to divest its interests in UBA.617In sum, it is beyond dispute that …” „… following activities are closed to investment by foreigners and Nigerian nationals:»a) Production of arms …”

Nationalization S. 95-99

„… property must always be effected in the public interest, different considerations may apply to nationals …” „… burden in the public interest than non-nationals.«3354.5. State Practice regarding CompensationSince the …” „… undermine the fragile economies of developing countries.317 He also points out that national laws of many …”

Excerpts from the NIPC Act, 1995 S. 340-343

„… acquisition is in the national interest or for a public purpose andunder a law which makes provision for: (a …” „… Affairs,iv. Finance,v. Foreign Affairs,vi. National Planning Commission(c) the Governor, Central Bank of …” „… orliquidation of the enterprise or any interest attributable to the investment. 25. (1) Subject to subsections …”

Nigeria-U.K. BIT of 11 December, 1990 S. 325-332

„… conditions for greater investment by nationals andcompanies of one State in the territory of the other …” „… , though not exclusively, includes profit, interest, capital gains, dividends, royalties and fees;(c …” „… ) »Nationals« means, with regard to either Contracting Party, natural persons having the nationality of that …”

Compulsory Acquisition or Possession S. 35-40

„… should be for a publicpurpose or in the national interest but should be for »the purposes prescribed …” „… a public purposeor protect a national interest. For instance, Section 28 of the LUA50 provides thata …” „… isa nomen generalissimum, extending to every species of valuable right and interest, including things …”

Public Purpose Requirement S. 40-44

„… publicpurpose or in the national interest but should be for »the purposes prescribed bylaw.« Theoretically, this …” „… protect a national interest. For instance, Section 28 of the LUA50 provides thata right of occupancy to …” „… that the acquisition of movable property or interest in immovable property should be for a …”

Property Guarantee under the African Charter S. 51-55

„… interest [...].« The European Court of Human Rightsshows deference to the determination of the national …” „… States of which the foreigners are nationals, in disputes arising over the treatment offoreigners or …” „… public need or in the general interest of the community and in accordance with the provisions of the …”

Public Purpose S. 87-89

„… legitimate public purpose. In principle, this means that a taking unrelated to the interest of the public is …” „… needs, the national authoritiesare in principle better placed than the international judge to appreciate …” „… for the national authorities to make the initial assessment both of the existence of a problem of …”

Final Conclusion S. 299-306

„… beyond »movable property« and »interest in immovableproperty« to embrace virtually any right with …” „… thatgoodwill does not count as capital for the purpose of acquiring interest in a Nigerian enterprise. The …” „… toadopt national environmental policies without the liability to pay compensationto foreign investors is …”

The Period from 1979 to 1994 S. 160-162

„… mandated foreign investors to sell all or part of their equity or proprietary interests in Nigerian …” „… enterprises to Nigerian nationals and companies pursuant to the provisions of the indigenization decrees. The …” „… % interest in Wellcome Ni-609 Ibid., at 32-3.610 Aremu, supra note 584, at 89. 611 S. 1(1) of the NEPA …”

Autonomy of the Will versus Permanent Sovereignty over Natural Resources S. 205-211

„… andresources must be exercised in the interest of their national development and of the well being of the State …” „… withthe terms of the contract in the interest of the public. The clause emphasizes that,despite the …” „… the NLNG company and its shareholders are guaranteed national treatment and most-favoured nation …”

The Emergence and Growth of Investment Treaties S. 108-110

„… been ratified and/ or transformed into national law in orderto be in force. Only 70% of the treaties …” „… of investments of nationals and companies of capital-exporting countries in capital-importing …” „… , acapital-exporting country like Germany enters into BITs in order to provide national insurance guarantees for …”

Nigeria-Germany BIT of 28 March, 2000 S. 332-340

„… pledges;(b) shares, stocks and debentures of companies and other kinds of interest in companies;(c) claims to …” „… by an investment for a definite period, suchas profit, dividends, interest, capital gains, royalties …” „… .334ARTICLE 4 NATIONAL TREATMENT AND MOST-FAVOURED-NATION PROVISIONS(1) Neither Contracting Party shall …”

The Preamble of Bilateral Investment Treaties S. 110-111

„… , acapital-exporting country like Germany enters into BITs in order to provide national insurance guarantees for …” „… non-commercial risks to the investments of its nationals in the territory of a given host State that is a …” „… Parties’ territories.404 The preambles in both treaties strike a balance between the interests of their …”

Non-discrimination S. 89-90

„… preferentialtreatment to their nationals or nationals of friendly States to the detriment of otherforeign nationals.276 …” „… , exclusive or preferential access to government contracts to their nationals without extending the same …” „… treatment to foreign nationals. In the absence of a treaty obligation prohibiting discrimination, aState’s …”

Constitutional Concept of Property S. 33-35

„… and own immovable property anywhere in Nigeria to the exclusion of non-Nigerians. Land, interests in …” „… phraseology »movable and interest in immovable property« in Section 44(1) of the 1999 Constitution is …” „… the provision of Section44(1), by replacing the phrase »movable and interest in immovable property …”

The Period from 1972 to 1978 S. 158-160

„… equity or proprietary interests in Nigerian enterprises to Nigerian nationals and companies pursuant to …” „… counter-coup. One of the most significant items on the country’s second National Development Plan (1970-1974 …” „… that Nigerians must own at least 40% of the proprietary interest in the enterprises specified in the …”

Applicable Standard of Compensation S. 44-46

„… the Court construes broadly the public use or public interest requirement, and may hold as …” „… objective lying in the public interest is decisive. [...] The particular goal of the enterprise eclipses its …” „… »balance of interests« test, the object of which is to determinein a particular case whether the …”

The Right of Establishment S. 279-281

„… treaties that extend the national treatment obligation to the establishment of investment often reserve …” „… interest of a developing country like Nigeria to sign away in an international agreement the right to …” „… technique for circumventing the effect of the national treatment obligation relating to the establishment …”

Guarantees against Expropriation and Nationalization S. 173-174

„… Federal Government unless this acquisition is in the national interest or for a public purposeand under a …” „… , the capital of any enterprise shall becompelled by law to surrender his interest in the capital to any …” „… to the courts for the determination of the investor’s interest or right andthe amount of compensation …”

Introduction S. 200-201

„… interests in the development of petroleum resources in that State.738 Whereas IOCs aim to …” „… and regulate its economy in the interest of its populace.739While IOCs and their host State each have …” „… petroleum resources, thepursuit of their divergent interests may lead to disagreements between them …”

Conclusion S. 58-59

„… internationalcharacter does not prevent the National Assembly or the FMG from removing itfrom Nigerian law by repealing …” „… and service contract with the Nigerian National Petroleum Companyacquires a property right protected …” „… aforeigner legally establishes a business enterprise or acquires an interest in an existing enterprise in …”

Colonial Era S. 155-157

„… the present, Nigeriahas strong ties to Great Britain and U.K. nationals and companies remain …” „… to serve the interests of British investors.585 A quintessential example ofsuch a rule was contained …” „… in Section 6 of the Mineral Oils Ordinance, 1948586,which granted only British nationals and …”

Distinction between Recognition and Enforcement: The Plea of Sovereignty S. 252-254

„… the ICSID Convention that may be filed for recognition andenforcement in national courts of the ICSID …” „… ICSID Convention does not prejudice the right of its Contracting States toapply their national laws …” „… Convention expressly requires that the execution of ICSID awards shallbe governed by the national laws of the …”

Monetary Transfer S. 148-149

„… balance of payment. Thus, they fail to mediatethe tension between the interests of the capital-exporting …” „… sensitive issue. In order to balance the interests of their Contracting Parties,some BITs allow their …” „… of the ways that the United Kingdom and Germany support investments madeby their nationals in the …”

Taxation S. 76-78

„… Lawful Regulation The right of States to regulate their economies and provide security to their nationals …” „… actreasonably and in good faith in their treatment of foreign nationals, certain governmental regulatory …” „… governments will be scared from safeguarding essential public interests because of fear of being sued by …”

Definitional Approach S. 277-279

„… approach the issue of national treatment during negotiations on a future MAI withcaution. It should …” „… the FGN to retain its national policyspace to pursue policies, which will boost domestic participation …” „… Contracting Parties to investment treaties that extend the national treatment obligation to the establishment …”

Introduction S. 182-183

„… access to the courts for the determination of the investor’s interest or right andthe amount of …” „… that:»The national or company affected shall have a right, under the law of the Contracting Party making the …” „… legislative powers of the federation in the NationalAssembly, which consists of the Senate and the House of …”

Does an ad hoc Committee Possess Appellate Power? S. 244-250

„… appropriate criteria for the determinationof interest on expropriated investment did not amount to a manifest …” „… ofEgyptian law to fill the lacuna in the U.K.-Egypt BIT on the determination of interest on expropriated …” „… investment. Prior to the annulment proceedings, an ICSIDTribunal awarded compound interest against Egypt in …”

National Treatment S. 138-143

„… toincorporate into them procedural provisions in other investment treaties.5.7.2. National TreatmentThe NT and …” „… principle of national treatment also features in investment treaties. It places an obligation on each …” „… Contracting party to a BIT notto treat the investments of nationals of the other Contracting Party in a …”

Titelei/Inhaltsverzeichnis S. 2-16

„… 1746.8.3. Public Purpose and National Interest 1756.8.4. Compensation 1776.9. Currency Transfer 1786.10 …” „… Non-discrimination 1345.7.1. Most-favoured-nation Treatment 1365.7.2. National Treatment 1385.7.3. Exceptions and …” „… National of another Contracting State 2369.8. Requirement of Foreign Control 2389.9. Constituent …”

Subrogation S. 149-151

„… interests of the capital-exporting countries and capitalimporting countries regarding monetary transfer …” „… host States is avery sensitive issue. In order to balance the interests of their Contracting …” „… investments madeby their nationals in the territories of States that conclude BITs with them is bygranting …”

Right of Access to Court S. 183-185

„… investor’s interest or right andthe amount of compensation to which he is entitled.«In the same vein, Article …” „… 5(1) of the Nigeria-United Kingdom BIT states that:»The national or company affected shall have a …” „… in the NationalAssembly, which consists of the Senate and the House of Representatives, and …”

Corruption, the Syndrome of »419« and Armed Robbery S. 260-264

„… , to serve their political interests.11.3.2. Corruption, the Syndrome of »419« and Armed RobberyNigeria …” „… entities controlled by a Nigerian national. The high-level investigation by the U.S.Federal Bureau of …” „… National Electric Power Authority(»NEPA«), the major provider of electricity in the country. In order to …”

Performance Requirements S. 281-284

„… investment is not used as a basis for interference in internal affairs or national policies; to determine …” „… development in its territory,j) to hire a given level of nationals;1086 Moran, supra note 1060, at 44.1087 …” „… and well targeted performance requirements whichserve the mutual interests of foreigner investors and …”

Introduction S. 271-272

„… was extended to 1998.1035 Following substantial conflict of interests among the OECD Member States on …” „… the sensitive and contentious aspects of international investmentrule-making and national …”

Health and Welfare S. 292-293

„… essentialsecurity interests of the Contracting Parties. It is important to note that matterssuch as expropriation …” „… environmental exception to expropriation, national treatment and most-favoured-nation treatment.12.12.2 …”

Legal Consequence of the Violation of a Stabilization Clause S. 211-212

„… 211to suppress, where the public interest so requires, a situation or a relationship it created bya …” „… national legal systems as well as in international law.«7828.4.2. Legal Consequence of the Violation of a …”

Relocalization of Nigerian Petroleum Agreements S. 214-218

„… international law. The role of international law as a‘regulator’ of national systems of law has been much …” „… particular point between national and international law. No such problem arises in the present case; the …” „… for resolving the competing interests of parties to the agreements. However, this chapter indicates …”

Protection against Expropriation, Nationalization and Indirect Taking S. 146-148

„… Nigeria-U.K. provides that:»the investments of the nationals and the companies of the Contracting party shall …” „… without delay and shall attract interest at theprevalent commercial rate until the time of payment. e) The …”

Admission Of Investment S. 166-170

„… intending to acquire lasting interests and the powers of effective control of business enterprisesin Nigeria …” „… afterNigeria attained independence in 1960, the country’s national economic planssought to redress the dominant …”

Table of Cases S. 307-312

„… CTR 3 (1987-III) 49.SEDCO Incorporation v. National Iranian Oil Company and Islamic Republic of Iran …” „… , 1970, ICJ Reports (1970) 115-6.Case Concerning Certain German Interests in Polish Upper Silesia …”

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