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Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro - Approaches to Procedural Law

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Loïc Cadiet (ed.), Burkhard Hess (ed.), Marta Requejo Isidro (ed.)

Approaches to Procedural Law

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 9 2017

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Fernando Gascón Inchausti I. Comparative Perspectives in Procedural Law: Some Remarks and Proposals S. 13-46

„… Inaugural Lecture Comparative Perspectives in Procedural Law: Some Remarks and Proposals Fernando …” „… Approaches to Procedural Law. The Pluralism of Methods. Its main purpose therefore, was setting the scene for …” „… methodology to the study of procedural law.1 Nowadays this view seems to be commonly shared, at least …”

Remo Caponi II. Procedural Law and Global Governance: Exploring and Mapping a New Research Field S. 535-546

„… Procedural Law and Global Governance: Exploring and Mapping a New Research Field Remo Caponi …” „… Italian Law Journal 1 (2015). Finally, one could advocate ex‐ actly the same for procedural law, as it is …” „… Assemblages (Princeton University Press, 2008), at 1. II. Procedural Law and Global Governance 537 A View from …”

Aluisio Gonçalves de Castro Mendes III. Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code S. 491-506

„… Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code Aluisio …” „… Gonçalves de Castro Mendes* Introduction: a Brief Panorama of Collective Procedural Law The history of …” „… American Institute of Procedural Law and the Brazilian Institute of Procedural Law. Member of the …”

Anastasia L. Papadopoulou II. The Impact of the EU Financial Crisis in the Europeanization of the Greek Civil Procedural Law: A Multi-Methodological Insight to the New Greek Civil Procedure Code (2015), its Scope and Innovative Provisions S. 211-248

„… and lawyers.160 Conclusion: Towards the Europeanization of the Greek Civil Procedural Law? Problems …” „… The Impact of the EU Financial Crisis in the Europeanization of the Greek Civil Procedural Law: A …” „… is closely connected to the terms “EU financial crisis” and “Europeanization of civil procedural law …”

Titelei/Inhaltsverzeichnis S. 1-12

„… The Pluralism of Methods Approaches to Procedural Law Loïc Cadiet/Burkhard Hess/Marta Requejo …” „… Procedural Law 9 Nomos Studies of the Max Planck Institute Luxembourg for International, European and …” „… Regulatory Procedural Law edited by Prof. Dr. Dres. h.c. Burkhard Hess Prof. Dr. Hélène Ruiz Fabri Volume 9 …”

Juliana Pondé Fonseca The Changing Role of Courts between the Privatization of Adjudication and the Privatization of Procedure S. 145-172

„… Procedural Agreements: A Compara‐ tive Law Analysis”, 6-7, text available electronically at …” „… to the nature of the rules which are being modified. Procedural law is considered, in general, public …” „… considered a procedural agreement,27 even though it could be seen through public law lenses: courts have …”

Eduardo Oteiza IV. Eduardo J. Couture. Footmarks that Help in Understanding the Present S. 441-450

„… approach that connects procedural law with outstanding constitutional values and the protection of human …” „… la Universidad Autónoma de México1, on the initiative of Niceto IV. * Professor for Procedural Law at …” „… the Universidad de la Plata, president of the Ibero- American Institute of Procedural Law (2014) and …”

Christoph A. Kern III. Statistical Methods in Comparative Civil Procedure – Chances and Risks Christoph A. Kern S. 121-144

„… of study. Of course, some legal scholars have been interested in the procedural law of foreign …” „… Comparative Law” and Civil Procedure The Special Case of Procedural Law Having dealt with “numerical …” „… procedural law, although this is not as easy as it may seem, but firstly rather, in determining the legal …”

Edilson Vitorelli I. Collective Due Process of Law: Reconciling Representation and Participation S. 343-390

„… Participation and Due Process of Law Over the past century, the notion of procedural participation has evolved …” „… day in court”. 28 L. Solum, “Procedural justice”, 78 Southern California Law Review 181, 264 (2004 …” „… among counsel in related lawsuits”, 50 (2) Duke Law Journal, 381 (2000). The writer states that "true …”

Hilde K. Ellingsen I. Judicial Review of Administrative Decisions in Domestic Courts – Union Law Requirements on the locus standi of Individuals S. 507-534

„… Meeting Points: International, European, Domestic Procedural Law Judicial Review of Administrative …” „… , which means that it feeds into the broader debate on how Union law affects the procedural and remedial …” „… with the Member States, Union law can influence procedural and remedial rules in two different ways …”

Francisco Verbic II. Access to Justice of Disadvantaged Groups and Judicial Control of Public Policies through Class Actions in Argentina S. 391-414

„… process of law standards. After under‐ scoring the lack of an adequate procedural regulation enacted by …” „… of rights granted under Union law, while ensuring ap‐ propriate procedural safeguards to avoid …” „… , “European Collective Redress: A Status Quaestionis”, 4 Int’l Journal of Procedural Law 97; E. Silvestri “To …”

Index S. 547-552

„… provisions 231, 239 ff. – main amendmends 222 ff. – scope 212 ff., 221 ff. Greek civil procedural law …” „… Verpflichtungsverträge 154. Procedural culture 26, 31, 62. Procedural Law and Global Gover‐ nance 535 ff …” „… adjudication 544. Civil judgment(s) 221 f., 225, 227, 247. Civil Law family 37, 39. Class actions 31 …”

Luisa Enna I. The Italian Assisted Negotiation for Legal Separation and Divorce S. 173-210

„… National Procedural Law The Italian Assisted Negotiation for Legal Separation and Divorce Luisa …” „… the interaction between substantive and procedural law. In the first phase of this study, an analysis …” „… areas the new procedural pattern will affect family law, in both a substantive and a procedural …”

Margaret Woo II. Comparative Law: A Plurality of Methods S. 47-64

„… Association of Procedural Law, and fellow of the American Bar Foun‐ dation. She previously served on the Board …” „… rather than simply on legislative text, and on constitu‐ tional, administrative, and procedural law …” „… Sacco, supra n. 24, at 23. Margaret Woo 60 Development of Comparative Procedural Law For a number of …”

Carlo Vittorio Giabardo I. Mauro Cappelletti’s Methodology in Comparative Civil Justice and the Coercive Powers of Courts as a Case Study S. 65-92

„… Procedural Law and Methodology Mauro Cappelletti’s Methodology in Comparative Civil Justice and …” „… this point later). Through his methodology, he made it clear that law institutions (and procedural ones …” „… procedural law scholar Vittorio Denti re‐ minded us: “it is impossible to do seriously comparative law …”

Michele Angelo Lupoi III. When Titans Clash: Setting Standards for Child Abduction by the CJEU and the ECtHR S. 327-342

„… substantial law and procedural law are strictly intercon‐ nected. Normative sources are stratified and …” „… international courts. III. (I) * Professor for Civil Procedural Law, Facoltà di Giurisprudenza dellà Università …” „… odd choice: however, in truth this area of the law is very interesting from a methodological …”

Antal Berkes II. The Court of Justice of the European Union as an Institutional Model for the African Court of Justice and Human Rights S. 295-326

„… and the European model, especially the EC‐ tHR, both at the level of procedural and substantial law.1 …” „… Jus‐ tice and Human Rights. The paper applies comparative procedural law to identify the compe‐ tences …” „… 272-273. 97 Janek Tomasz Nowak (ed.), EU Procedural Law 687 (Oxford, Oxford University Press, 2014). II …”

Eduardo de Avelar Lamy II. When Forward-Looking Aspect of Precedent Justifies Immediate Formally Binding Decisions S. 477-490

„… that concrete cases distort lawmaking, producing inferior law when compared to a less dispute-driv‐ 12 …” „… direction. R. Dworkin, Law’s Empire, 229 (1986). 36 P. Nerhot, Law, Writing, Meaning and Essay in legal …” „… of precedent. They have not been aware that the judicial law-making process has its own …”

Valentin Rétornaz II. Beware of Legal Families: The Example of the Effects of Res Judicata Toward Third Parties S. 93-120

„… truer when considering the potential impact of material law on procedural issues. Since legal concepts …” „… , as mere consequences created by material law itself and not by procedural law.115 In our patent case …” „… context may prove to be wrong in another. 14 K. D. Kerameus, “A Civilian Lawyer Looks at Common Law …”

Yuliya Barel I. The Court of the Eurasian Economic Union: Basic and Some Controversial Questions of Jurisdiction and Procedure S. 267-294

„… /2012-10/rp_en.pdf>, last visited 28 May 2016. Written under: K. Lenaerts et al., EU Procedural Law 19-20 …” „… Justice to ensure that Community law is observed. The opportunities for litigants and their lawyers would …” „… ‐ ecutive body), and the Court of the Eurasian Economic Union (Court of I. (I) * PhD in Law, Senior Lecturer …”

Beata Fröhlich I. The Theory and Practice of Precedent in Convention on Contracts for the International Sale of Goods S. 451-476

„… .law.pace.edu/cisg/biblio/flecht1.html. 27 P. Schlechtriem, “Uniform Sales Law - The Experience with Uniform Sales Laws in the …” „… .law.pace.edu/cases/947331i1.html>]. 37 M. Henry, “The contribution of Arbitral Case Law and National Laws in Towards …” „… .law.pace.edu/cases/021015n1.html: F. De Ly, Mr. E.J. van Sandick, Ir. L. Tjioe. Civil law lawyers …”

Leandro J. Giannini III. Supreme Courts: “Filters’’ and the Case Selection. Argentina’s Writ of Certiorari in a Comparative Perspective S. 249-266

„… issues. This has been called the III. (I) * Chair Professor of Procedural Law, University of La Plata …” „… for de‐ nial (insufficiency and insubstantiality) were already known in the Supreme Court’s case law …” „… recently, the legislature incorporated expressly in our positive law another one of the renowned exponents …”

Ana Isabel Blanco García III. Financial Consumer Redress by ADR and ODR. New European Approaches S. 415-440

„… ; Assistant Lecturer, Department of Administrative and Procedural Law, University of Valencia. 415 The paper’s …” „… being the binomial-solution of the financial banking conflicts with consumers. III. (I) * Ph.D in Law …” „… redress. This deductive method and data collection is followed by a comparative law analysis between the …”

doi.org/10.5771/9783845285122

Peter Gilles, Thomas Pfeiffer - Neue Tendenzen im Prozessrecht

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Peter Gilles (ed.), Thomas Pfeiffer (ed.)

Neue Tendenzen im Prozessrecht

2008

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Nikolaj Fischer, Peter Gilles Information Technology on Litigation S. 83-178

„… Proceedings, Teletechnology and E-Procedural Law”, mainly related to the questions no. 23, 31, 32 and 33 …” „… , Teletechnology and E-Procedural Law”, mainly related to the questions no. 23, 31, 32 and 33 in the General …” „… Internationalen Konferenz der „International Association of Procedural Law“ in Bahia im Jahr 2007 belegt. Die mit …”

Titelei/Inhaltsverzeichnis S. 2-6

„… . Thomas Pfeiffer (Hrsg.) Neue Tendenzen im Prozessrecht New Trends in Procedural Law Deutsche …” „… a. M. Civil Court Proceedings, Teletechnology and “E-Procedural Law” – On the Beginnings of an …” „… 2007 German National Reports and Further German Contributions for the World Conference on Procedural …”

Peter Gilles, Thomas Pfeiffer Vorwort der Herausgeber S. 7-8

„… Internationalen Vereinigung für Prozessrecht/International Association of Procedural Law (IAPL) zurück …” „… Tendencies in Procedural Law“. Zu diesem Leitthema wurden von folgenden Autorinnen und Autoren die …”

Ulrich Haas Die Streitbeilegung durch Schiedsgerichte im internationalen Sport S. 9-82

„… sport, 2005, S. 19, 22 m. w. N. 3 Siehe Nafziger, International Sports Law, 2004, S. 181. 11 Rom …” „… Gardiner, Sports Law, 3. Auflage 2006, S. 28 f. 5 Siehe zum Ganzen Eisenberg, English Sports und Deutsche …” „… : Blackshaw/Siekmann/Soek (Hrsg.), The Court of Arbitration for Sport, 1984–2004, 2006, S. 313; Gardiner, Sports Law, 3 …”

Peter Gottwald New Trends in Insolvencies S. 217-227

„… steadily; the collapse of a large enterprise was a rare exception. Insolvency law was out-of-date. The …” „… market in a globalized world. Nevertheless, the trend to modernize the insolvency law in those countries …” „… brings me to my first and most important observation: Bankruptcy or insolvency law must meet economic …”

Michael Breyer New Trends in Pre-Action – Neuere Entwicklungen im vorprozessualen Bereich S. 179-196

„… merchants, doctors, lawyers and the like. They may also arise under contract law as it is typically the …” „… other party’s attorney’s fees.6 The German law on pre-action access to information is quite complex as …” „… obliged to provide information to the other party, if the substantive law governing their legal …”

doi.org/10.5771/9783845208282

Burkhard Hess, Xandra E. Kramer - From common rules to best practices in European Civil Procedure

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Burkhard Hess (ed.), Xandra E. Kramer (ed.)

From common rules to best practices in European Civil Procedure

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 8 2017

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Marcel Storme Approximation of Procedural Law in Europe S. 481-484

„… Approximation of Procedural Law in Europe Marcel Storme University of Antwerp and Ghent, Belgium At …” „… Lux‐ embourg for Procedural Law. They asked me to speak about the so-called Storme Commission. This …” „… Procedural Law (IAPL) took place in Utrecht in August 1987. There I was looking for some true “giants” in …”

Adriani Dori, Vincent Richard Litigation Costs and Procedural Cultures – New Avenues For Research in Procedural Law – S. 303-352

„… Litigation Costs and Procedural Cultures – New Avenues For Research in Procedural Law – Adriani …” „… ), Procedural Law and Economics, Edward Elgar, 2012, 341, at 342-343. 7 See also M. Cappelletti and B.G. Garth …” „… ”, in C.W. Sanchirico (ed), Procedural Law and Economics, Edward Elgar, 2012, 1; F. Parisi …”

C.H. van Rhee Approximation of Civil Procedural Law in the European Union S. 63-76

„… Approximation of Civil Procedural Law in the European Union C.H. van Rhee Professor at Maastricht …” „… ‘approximation’ hereafter) of civil procedural law in the European Union best be achieved? And is such …” „… Harmonization Necessary? Amongst other reasons, harmonization or at least approximation of civil procedural law …”

Jan von Hein Comments on Christopher A. Whytock, Harmonization of EU Procedural Law: Is the US a Positive or Negative Model? S. 159-180

„… Comments on Christopher A. Whytock, Harmonization of EU Procedural Law: Is the US a Positive or …” „… between the situa‐ tion of procedural law in the United States and the European Union. In both legal …” „… the core procedural law applied by member states of the respective Unions remains, at least from a …”

Christopher A. Whytock Harmonization of Civil Procedure: Is the United States a Model for the European Union? S. 133-158

„… procedural harmo‐ nization has been more modest. There is no “genuine or uniform European law of civil …” „… procedural harmonisation,”6 to the European Law Institute- UNIDROIT project on “From Transnational Principles …” „… European procedural law7 to the report of the European Parlia‐ mentary Research Service on the …”

Marta Requejo Isidro Do We Need Harmonisation to Achieve Harmonious Cooperation? S. 77-118

„… to a full scale of harmonisation of procedural law”.4 The EU Parliament has conducted its own …” „… procedural law taking account of the requirements of mutual recognition. Min‐ imum standards also need to be …” „… procedural law.15 Within today’s EU the first contacts for cooperation in criminal matters took place around …”

Burkhard Hess, Xandra Kramer From Common Rules to Best Practices in European Civil Procedure: An Introduction S. 9-30

„… more comprehensive approach of lawmaking in procedural law. However, the proposed instrument (as it …” „… Director Max Planck Institute Luxembourg for Procedural Law Professor at the Universities of Heidelberg and …” „… al. (ed.), EU Procedural Law Study, 2017, JUST/2014/RCON/PR/CIVI/0082 available at: https://publica …”

Norel Rosner Common Rules and Best Practices From the Perspective of the European Commission S. 31-34

„… course, but I do think that procedural law has today become the most important branch of the law." This …” „… professor Mauro Cappelletti and date back to July 1976. I am not sure whether procedural law is the most …” „… important branch of law, but procedural rights matter greatly, not just in criminal matters, but also in …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Procedural Law 8 Nomos Studies of the Max Planck Institute Luxembourg for International, European and …” „… Regulatory Procedural Law edited by Prof. Dr. Dres. h.c. Burkhard Hess Prof. Dr. Hélène Ruiz Fabri Volume 8 …” „… Procedure: Initial Remarks 43 Remo Caponi Approximation of Civil Procedural Law in the European Union 63 C.H …”

Elena Alina Onţanu Incorporating European Uniform Procedures into National Procedural Systems and Practice: Best Practices a Solution for Harmonious Application S. 459-480

„… . Incorporating European Uniform Procedures into National Procedural Systems 463 and case law data seeks to …” „… of Procedural Law in Europe: the European Small Claims Procedure Accomplishments, New Features and …” „… Congress of Procedural Law: The Belgian and Dutch Reports, Inter‐ sentia 2008, at 282. On an Italian …”

Remo Caponi Harmonizing Civil Procedure: Initial Remarks S. 43-62

„… The project has been advanced by lawyers and scholars belonging to dif‐ ferent procedural law …” „… outstanding Italian scholar in 20th-century civil pro‐ cedure − there has never been either a procedural law …” „… so well constituted such as to prevent bad practices or, conversely, a procedural law so mis‐ guided …”

Eva Storskrubb E-Justice, Innovation and the EU S. 271-302

„… necessitate a change in procedural law, which will then as a consequence lead to the creation of a brand new …” „… procedural law, which entails that the amended Small Claims Regulation does not impose electronic service on …” „… principle to decide whether procedural law should impose duties and burdens of electronic know-how and …”

Monique Hazelhorst Harmonious Judicial Cooperation Through Harmonisation: (What) Can We Learn From Criminal Matters? S. 119-132

„… , considerable effort has been made to harmonise procedural and substantive standards in order to protect the …” „… in the field of criminal law in the interest of security has necessitated the increasing …” „… harmonisation of procedural standards. In the field of civil justice, improving access to justice has tak‐ en …”

Robert Bray Common Rules and Best Practices From the Perspective of the European Parliament S. 35-42

„… – supposing such a thing were attainable or even desirable – without uniform procedural law.9 7 Regulation (EU …” „… civil procedure? Whether action to harmonise procedural law would improve matters or make things worse …” „… ‐ tions of English procedural law by gently ridiculing them in his book Un‐ common Law15 – the King’s …”

Fernando Gascón Inchausti Transplanting Best Practices from ADR Mechanisms to Court Proceedings in Cross-border Litigation? S. 403-426

„… ? Fernando Gascón Inchausti Professor of Procedural Law, Universidad Complutense de Madrid Summary …” „… according to Dutch procedural law).26 In France, the Tribunal de Commerce de Paris launched in 2011 an inter …” „… classical approach of international procedural law, consisting in creating a set of jurisdiction rules, is …”

Gilles Cuniberti The Promotion of Best Practices in European Civil Procedure: Some Introductory Remarks S. 439-450

„… in EU Instruments of Private International Law and Procedural Law, 2011, avail‐ able at …” „… fundamental procedural rights and ignored on this ground. The case law of the ECtHR with respect to judicial …” „… remedy sought.2 In many civil law jurisdictions, lawyers do not owe any similar obligation. It is …”

Ernst Steigenga, Marco Velicogna Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border Justice for All Users S. 243-270

„… perspective, can be between theoretical knowl‐ edge, which can be found in books and procedural laws, and the …” „… Working Party on e-Law. The Conference “From Common Rules to Best Practices in European Civil Procedure …” „… Council (Justice and Home Affairs) Working Par‐ ty on e-Law, in its permanent expert group on e-CODEX …”

John Sorabji Taking Justice Online: Developments in England and Wales and Their Potential Influence on European Procedural Harmonisation S. 213-242

„… England, the principled development of substantive and procedural law as separate entities.2 The second …” „… :// www.lawgazette.co.uk/law/moj-hit-with-further-249m-of-cuts/5049241.fullarti‐ cle>. Taking Justice Online 215 sharp reduction in HMCTS …” „… LiPs not causing delays, Law Gazette, 14 October 2015, lawgazette.co.uk/law …”

Jolanda Girzl How can alternative mechanisms for dispute resolution contribute to judicial cooperation and what is needed to ensure effective enforcement in cross-border cases? S. 427-438

„… privacy law enforcement to better enable cross-border cooperation, in a way consistent with national laws …” „… jurisdiction, which court is competent and which law is applicable are essential. In many disputes where ADR …” „… , which court is competent and which law is applicable and by ensuring that judgments in one country are …”

Marco Velicogna, Giampiero Lupo From Drafting Common Rules to Implementing Electronic European Civil Procedures: The Rise of e-CODEX S. 181-212

„… services. Be‐ ing the legal domain, first of all, procedural rules (laws) are required. e- CODEX services …” „… for exam‐ ple addressing procedural off-line barriers both at implementation level, both influencing …” „… (2008), 329 final. 13 X.E. Kramer, “A European Perspective on E-Justice and New Procedural Models …”

Christopher Hodges, Stefaan Voet Consumer Dispute Resolution Mechanisms: Effective Enforcement and Common Principles S. 353-378

„… to grow and expand. Introduction Procedural law, of which the law of civil procedure is a part …” „… , indicates how a person’s rights, remedies and duties can be enforced. Procedural law (A) 353 provides the …” „… Justice Systems, CSLS Stefaan Voet Associate Professor of Law, KU Leuven/Visiting Professor, UHasselt …”

Pablo Cortés The Need for Synergies In Judicial Cooperation and Dispute Resolution: Changes in the European Small Claims Procedure S. 379-402

„… , however, continue to carry out their constitution‐ al role if national procedural laws enable ADR entities …” „… Small Claims Procedure Pablo Cortés Professor of Civil Justice, Leicester Law School Summary: This …” „… procedural safeguards are not put in place. Great expectations have been placed on the ESCP to increase …”

doi.org/10.5771/9783845285214

Magdalena Kolasa - The Scope and Limits of Protection for Distinctive Signs against the Community Design

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Magdalena Kolasa

The Scope and Limits of Protection for Distinctive Signs against the Community Design

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 17 2012

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Applicable law and procedural challenges S. 63-66

„… stand-alone action for invalidation of an unregistered Community design.291 2. Applicable law and procedural …” „… case-law.295 The OHIM or a Community design court will apply their own procedural rules in the …” „… foreign substantive provisions, but must apply its national procedural law. Therefore, since the CDR does …”

Applicant and forum S. 63

„… stand-alone action for invalidation of an unregistered Community design.291 2. Applicable law and procedural …” „… challenges The substantive law relied upon in the invalidation proceedings depends on the distinctive sign …” „… court will need to apply the provisions of the relevant national law.293 In the OHIM it is the duty of …”

Table of Contents S. 7-10

„… invalidation of a Community design 63 1. Applicant and forum 63 2. Applicable law and procedural challenges …” „… conflict with a Community design 20 2. Signs protected under unfair competition law 21 a) General …” „… competition law 47 a) Competition between the products 49 b) Copying 49 c) Additional circumstances (§4 …”

Summary S. 73-74

„… independent legal grounds, as depicted on the example of German law. Thereby the scope of protection for …” „… suggest the application of all national rules, it is doubtful that national procedural rules could be …” „… provided in Art. 25(1)(b) CDR. Nevertheless, a further development of case-law might create incentives for …”

Invalidation of the design or action for infringement of the prior sign? S. 67-70

„… procedural laws, since all of them, based both on Community and national rights, are dealt with by national …” „… Court could result in unacceptable abuses of law. Therefore, an invalidation of a Community design is …” „… , referring to the principles of priority and possibilities of abuse of law, do not so much depend on the …”

doi.org/10.5771/9783845243856

Swantje Renfordt - Framing the Use of Force: An International Rule of Law in Media Reporting

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Swantje Renfordt

Framing the Use of Force: An International Rule of Law in Media Reporting

2011

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Do Borders Matter for a Procedural Law Framing? S. 181-189

„… 181 9.3 Do Borders Matter for a Procedural Law Framing? A procedural interpretation of …” „… procedural law discourse. Table 13. Determinants of the Frequency of Procedural Law Language (1) OLS …” „… (1) also report that the coefficient for the US is “-1.1” indicating that procedural law norms …”

On Discourse, Law, Morality, and Politics - Core Assumptions of a Discourse Theory on Legitimate Law for the Purpose of this Study S. 38-44

„… ’ approach, the debate of a substantive versus a procedural or discursive justification of a system of law is …” „… respond. Legitimate law is thus based on a communicative arrangement. This procedural approach to law …” „… understanding of law (Habermas 1986: 220-241), arguing that his idea that a procedural rationality without a …”

Which International Law Norms Matter in Media Discourse? S. 136-143

„… that part of media debate which takes a law perspective (Figure 11). As suggested in Chapter 7.1, this …” „… Iraq in 2003, is likely to lead to strong legal framing in the news, while law is less likely to be a …” „… hardly appear. 8.2 Which International Law Norms Matter in Media Discourse? As to the substance of …”

Evaluation of Empirical Findings S. 202-207

„… debate across national borders. Media framing on law was predominantly concerned with procedural and …” „… intense in the 1990s, whereas procedural law discourse is strongest in the new millennium and in 2003 …” „… - Prohibition to use force Two dimensions of content of media debate: - Procedural framing (multilateral …”

– Evaluation of Guiding Assumptions S. 189-197

„… frequently in the 1990s and loses visibility in media communication of the new millennium as procedural law …” „… evidence for the emergence of law as a script used in Western media debate addressing a crucial issue of …” „… generated data that allowed for a comparison of media content on the social validity of International Law …”

Do Borders Matter for an Overall Law Framing? S. 143-172

„… Law norms (variable ilaw) as well as more specific debate about moral and procedural aspects of …” „… “ilaw_share” 3a. Procedural law discourse ( “ilaw_mon”) Absolute intensity of discourse on procedural …” „… issues Absolute number of codings per quarter 3b. Procedural law discourse ( “ilaw_mon _share …”

Do Borders Matter for a Moral Framing? S. 172-181

„… Procedural Law Framing? A procedural interpretation of interventions, mainly concerned with a UN …” „… prominently and that it is frequently employed in more specific debate about international law norms (Chapter …” „… on the volume of law discourse about human rights issues. Table 12 summarises the findings. For the …”

Defining the Law Norms Analysed – What are the Legal Rules to Govern the Use of Force? S. 29-36

„… development: 2.2 Defining the Law Norms Analysed -– What are the Legal Rules to Govern the Use of Force …” „… Law rules. Most of this literature is written by International Law scholars, cf. for example Bruha …” „… : 8-12, and Kelsen 1944. 31 The concept of sovereign equality under International Law links two, as some …”

Table of Contents S. 7-10

„… Matter for a Procedural Law Framing? 181 Chapter 10 – Evaluation of Guiding Assumptions 189 Chapter 11 …” „… Introduction 13 PART ONE – THEORISING THE SOCIAL VALIDITY OF INTERNATIONAL LAW NORMS …” „… IN MEDIA DEBATE 24 Chapter 2 – Discourse & Law Norms: Definitions 26 2.1 Defining Discourse and …”

– Introduction S. 13-23

„… the dimension of facticity and social validity. Legitimate law-making entails formal institutional …” „… makes sense given that the facticity of law norms remains in the hand of lawyers and is grounded in …” „… law-making entails both institutionalised discourses where the normative validity of a rule is tested and …”

Implications for Political Practice S. 209-211

„… boundaries of law and what action is illegal. If states cannot afford to be pillorised as lawbreakers in …” „… finding that especially a law-based, moral reasoning, emphasising the protection of human rights, is …” „… 209 law in public discourse, thus placing attention squarely on the social validity dimension of …”

Opinions in International Law Discourse S. 123-129

„… the use of force from a law perspective (n lawframe=1,611). Each answer is counted once per article …” „… 123 7.3 Opinions in International Law Discourse Finally, this chapter scrutinises the use of law …” „… investigated, I distinguish between four “opinions” in law debate: (1) newspaper articles where speakers argue …”

Conceptual Departures – Merging Discourse Theory of Legitimate Law and Approaches from International Relations Theory S. 197-202

„… 197 Chapter 11 – Conclusion: the Rule of International Law as a Script in Western …” „… Media This dissertation had the aim of exploring the linkage between “law” and “discourse” in …” „… provide valuable insights into the role a “rule of law” approach plays for the social construction of …”

Formative Moments of Legal Framing in Mass Media S. 129-136

„… Law norms, which means that the figure bases on the sample lawframe. Figure 10 plots for the most …” „… investigating formative moments of law framing (8.1) and the substance of law discourse (8.2). I begin with an …” „… exploration of which military conflicts became “formative moments” (Heiselberg 2003) for the emergence of law …”

doi.org/10.5771/9783845231433

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