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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Erik Evtimov, Tetyana Payosova Article 64 Agreements concerning recourse S. 1127

„… A carrier exercising his right of recourse must present his claim in one and the same proceedings …” „… of recourse in the case of those against whom he has not taken proceedings. The court or tribunal …” „… shall give its decision in one and the same judgment on all recourse claims brought before it. The …”

Erik Evtimov, Tatyana Payosova Article 50 Right of recourse S. 1177

„… CIM UR). Article 50 Right of recourse A carrier who has paid compensation pursuant to these Uniform …” „… Rules shall have a right of recourse against the carriers who have taken part in the carriage in …” „… CIM UR 1980. It provides for a basic right of recourse between carriers. Note also the right of the …”

Erik Evtimov, Tatyana Payosova Article 51 Procedure for recourse S. 1177

„… CIM UR). Article 50 Right of recourse A carrier who has paid compensation pursuant to these Uniform …” „… Rules shall have a right of recourse against the carriers who have taken part in the carriage in …” „… CIM UR 1980. It provides for a basic right of recourse between carriers. Note also the right of the …”

Erik Evtimov, Tatyana Payosova Article 52 Agreements concerning recourse S. 1178

„… The carrier wishing to enforce his right of recourse may bring his action in the courts or …” „… § 4. Recourse proceedings may not be joined with proceedings for compensation taken by the person …” „… case of recourse has to be made by one of the carriers. This provision largely builds upon Articles 62 …”

Erik Evtimov, Tetyana Payosova Article 62 Right of recourse S. 1126

„… recourse A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse …” „… derogating from Article 61 of the CIV UR. Article 63 Procedure for recourse The validity of the payment made …” „… by the carrier exercising a right of recourse pursuant to Article 62 may not be disputed by the …”

Erik Evtimov, Tetyana Payosova Article 63 Procedure for recourse S. 1126

„… recourse A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse …” „… derogating from Article 61 of the CIV UR. Article 63 Procedure for recourse The validity of the payment made …” „… by the carrier exercising a right of recourse pursuant to Article 62 may not be disputed by the …”

Wolf Müller-Rostin Article 37 Right of Recourse against Third Parties S. 1235

„… of Recourse against Third Parties Nothing in this Convention shall prejudice the question whether a …” „… person liable for damage in accordance with its provisions has a right of recourse against any other …”

Tobias Eckardt Article 39 S. 981-983

„… taking recourse to prove that the party against which recourse is taken is that responsible carrier.11 …” „… Should the carrier taking recourse not be able to prove the prerequisites Art. 37 lit. a, thereby leading …” „… to a non-liquet situation, the recourse might be possible under Art. 37 lit. c.12 Art. 37 lit. b CMR …”

Klaus Ramming Article 24 Limitation of actions S. 1056-1060

„… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 V. Recourse claims …” „… 23.3). There are special provisions relating to recourse claims (Article 23.4). Finally, Article 23.5 …” „… proceedings would obtain his share, with all excess claims being excluded. V. Recourse claims In line with …”

Tobias Eckardt Article 38 S. 981

„… taking recourse to prove that the party against which recourse is taken is that responsible carrier.11 …” „… Should the carrier taking recourse not be able to prove the prerequisites Art. 37 lit. a, thereby leading …” „… to a non-liquet situation, the recourse might be possible under Art. 37 lit. c.12 Art. 37 lit. b CMR …”

Tobias Eckardt Article 37 S. 979-980

„… application.3 II. Recourse Recourse is only possible after payment was made.4 The scope of Art. 37 CMR is (in …” „… recourse was assumed by the sender/ consignee.6 The rule on interest contained in Art. 27 para. 1 CMR also …” „… to be held free and harmless, given a prerequisite of Art. 37 CMR is that the carrier taking recourse …”

Wolf Müller-Rostin Article 38 Combined Carriage S. 1236

„… , the intent of Article 37 is to enable the carrier to take recourse action against the party that …” „… actually caused the damage. Article 37 remains silent as to the legal basis of such recourse action. Such …” „… or even full recourse against a third negligent party, as is the case in many states of the United …”

Wolf Müller-Rostin Article 36 Successive Carriage S. 1234

„… indemnification was premised on the right of recourse recognized in Article 37 of the Montreal Convention rather …” „… recourse or indemnification action brought by anyone (including insurers)8 against the carrier is just as …” „… much an action for damages as a direct action by the passenger or consignor or consignee. Recourse …”

Erik Evtimov, Tetyana Payosova Article 26 Basis of liability S. 1104-1105

„… as a third party; the right of recourse shall not be affected. Article 26 § 2 of the CIV UR is one of …” „… by such another undertaking, the right of recourse is not affected. Comparing this provision with …” „… prejudice to any right of recourse which the carrier may have against the third party. Article 26 § 3 of the …”

Peter Mankowski Article 10 S. 435-436

„… , a general definition of “accruing” is lacking. Insofar recourse has to be held on the national law …” „… breach and when it is set to occur. Insofar recourse has to be held to the lex causae of the contract …” „… , yet again. If the CISG is applicable, such recourse has to be held to the CISG. In the event of only …”

Peter Mankowski Article 7 CISG S. 37-41

„… autonomously and uniformly throughout their Contracting States. Their interpretation shall not hold recourse to …” „… those which can be filled by recourse to general principles underlying the CISG. Such general principles …” „… in the CISG. Then a last resort32 must solve the case: the recourse to the national law applicable by …”

Wolf Müller-Rostin Article 48 Mutual Relations of Contracting and Actual Carriers S. 1241

„… between themselves, including any right of recourse or indemnification. Article 48 contains an important …” „… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Wolf Müller-Rostin Article 49 Mandatory Application S. 1241

„… between themselves, including any right of recourse or indemnification. Article 48 contains an important …” „… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Wolf Müller-Rostin Article 50 Insurance S. 1241

„… between themselves, including any right of recourse or indemnification. Article 48 contains an important …” „… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Peter Mankowski Article 19 S. 444

„… Unlike the second part of the official heading “recourse actions” might be taken to indicate or …” „… suggest that nothing in Art. 18 deals with the internal recurse between the several debtors. Such recourse …”

Peter Mankowski Article 8 CISG S. 42-46

„… External gaps If a gap cannot be filled by a recourse to general principles underlying the CISG, (2 …” „… . Neither are there special conflict rules for uniform sales law cases,43 nor does a direct recourse to the …” „… ) does not inhibit recourse to the full wagonload of egotism if it is only expressed clearly enough. The …”

Stefan Kröll Article 8 Confirming Bank Undertaking S. 1440-1441

„… negotiate. ii. negotiate, without recourse, if the credit is available by negotiation with the confirming …” „… explicitly recognizes an undertaking to negotiate without recourse, should the credit be available by …”

Eckart J. Brödermann Article 11.1.8 (Effect of judgment) S. 800-801

„… rights of recourse between the joint and several obligors under Article 11.1.10. (2) However, the other …” „… the obligor concerned. In such a case, the rights of recourse between the joint and several obligors …”

Titelei/Inhaltsverzeichnis

Christoph Brunner, Michael Schifferli Article 44 CISG S. 229-231

„… A recourse to Art. 44 is not necessary in case of force majeure (Art. 79) as the impossible cannot …” „… recourse on his supplier due to an impending time limit. If the invalid claim of the buyer does not lead to …”

Klaus Ramming Article 25 Nullity of contractual stipulations S. 1061-1063

„… the special limitation period applicable to recourse claims (→ Art. 24.4). Article 25.1 sentence 1 …” „… 24.4 in relation to recourse claims. Neither are the parties entitled to advance the point in time when …”

Section 2 Registered luggage S. 1111-1115

„… the limits provided for in these Uniform Rules. This Article shall not prejudice rights of recourse …” „… conjunction with § 1. The modalities of recourse can be dealt with in the contract between the contractual …”

Peter Csoklich Article 17 S. 938-942

„… terms have to be interpreted autonomously, without taking recourse to national law concepts.6 The goods …” „… without taking recourse to concepts or definitions of national law.9 Loss means that none (total loss) or …”

Erik Evtimov, Tetyana Payosova Article 50 Liability in case of nuclear incidents S. 1118

„… Article 40 of the CIM UR. The right of recourse between the carrier and the persons for who he is liable …”

Erik Evtimov, Tetyana Payosova Article 51 Persons for whom the carrier is liable S. 1118

„… Article 40 of the CIM UR. The right of recourse between the carrier and the persons for who he is liable …”

Erik Evtimov, Tatyana Payosova Article 27 Substitute carrier S. 1160

„… provided for in these Uniform Rules. This article shall not prejudice rights of recourse which may exist …”

Erik Evtimov, Tatyana Payosova Article 28 Presumption of loss or damage in case of reconsignment S. 1161

„… with Article 40 of the CIM UR, in respect of the entire route, subject to his recourse against the …”

Peter Mankowski Article 8 S. 434

„… limitation period as four years. It bars any recourse to be made to national law, should that national law …”

Eckart J. Brödermann Article 8.3 (Set-off by notice) S. 709

„… Vogenauer/Pichonnaz Art. 8.3 no. 1. 2 Vogenauer/Pichonnaz Art. 8.3 no. 2, 6 (‘avoids unnecessary recourse to the …”

Erik Evtimov, Tatyana Payosova Article 39 Liability in case of nuclear incidents S. 1169

„… the related costs to the infrastructure manager by means of recourse. A necessary element for the …”

Erik Evtimov, Tatyana Payosova Article 40 Persons for whom the carrier is liable S. 1169

„… the related costs to the infrastructure manager by means of recourse. A necessary element for the …”

Petra Butler Article 47 CISG S. 243-248

„… en demeure. Therefore, any recourse to those legal concepts will breach the duty demanded by Article …” „… 7(1) to interpret the provisions of the CISG autonomously and without recourse to domestic law. Scope …”

Peter Mankowski Article 20 S. 445

„… recourse to its national law. The combination was brought about in order to protect debtors against options …”

Peter Csoklich Article 19 S. 945

„… the carrier for delay in delivery is exhaustively regulated by Art. 17, 19, 23 et seq. CMR, recourse …”

Tobias Eckardt Article 42 S. 987

„… the same reason a clause according to which a sender waives his insurer’s right to take recourse …”

Erik Evtimov, Tatyana Payosova Article 18 Right to dispose of the goods S. 1150-1151

„… of the cash on delivery charge without prejudice to his right of recourse against the consignee …”

Stefan Kröll Article 9 Advising of Credits and Amendments S. 1442-1443

„… recourse. Article 8 (b) Article 8 (b) provides that those undertakings of the confirming bank arise with …”

Raimond Emde Article 15 S. 1284-1285

„… 4 months for the commercial agent in the second year of the contract, recourse to Article 15 para. 2 …”

Klaus Ramming Article 4 Actual carrier S. 1007-1008

„… liability is joint and several. Nothing in this article shall prejudice any right of recourse as between …”

Erik Evtimov, Tetyana Payosova Article 32 Liability in case of cancellation, late running of trains or missed connections S. 1108-1109

„… not be considered as a third party; the right of recourse shall not be affected. The grounds for …”

Eckart J. Brödermann Article 11.1.7 (Effect of expiration or suspension of limitation period) S. 798-799

„… obligations to the obligee of the other joint and several obligors; or (b) the rights of recourse between the …”

Peter Csoklich Article 21 S. 947-948

„… carrier may accept under a CODagreement: thus follows that insofar recourse to the national law governing …”

Peter Mankowski Article 1 CISG S. 11-19

„… autonomously without recourse to domestic law. The CISG is an instrument of internationally uniform substantive …” „… defined autonomously, without recourse to national law.35 The simple form of definition has it as the …”

Peter Mankowski Article 4 CISG S. 28-30

„… derived from recourse to its purposes.1 Any relations with third parties are outside the CISG.2 This …”

Peter Mankowski Article 81 CISG S. 381-383

„… has received.10 Any exceding recourse to national rules, particulary on unjust enrichment, must not be …”

Eckart J. Brödermann Article 5.1.7 (Price determination) S. 579-581

„… unreasonable12 (this rule has been called a ‘rebuttable presumption’);13 but “[r]ecourse would then have to be …”

Klaus Ramming Article 18 Special exonerations from liability S. 1042-1044

„… against the carrier but against his servants or agents, who then may have internal recourse claims against …”

Tobias Eckardt Article 34 S. 975-977

„… severally liable carriers can be sued and Art. 37 CMR establishes the rules for the recourse amongst the …”

Tobias Eckardt Article 41 S. 984-986

„… the sender can be recovered in a recourse action against the actual carrier.33 19 In favour of a …”

Martin Schauer, Magdalena Gruber Article 1 Subject matter and scope S. 1307-1310

„… argumentation takes recourse to national laws in the individual Member States and determines that the Directive …”

Martin Schauer, Magdalena Gruber Article 4 Transactions between undertakings and public authorities S. 1334-1338

„… recourse has to be taken to the nature of the contract itself.12 VII. Extension of payment term for …”

Peter Mankowski Article 88 CISG S. 400-403

„… , excluding any recourse to national law as gap-filler.23 Appopriateness is related to the procedure chosen …”

Introduction Introduction LPC S. 418-421

„… even advised not to apply the Limitation Convention due to its limited acceptance, but to have recourse …”

Peter Csoklich Article 2 S. 906-909

„… recourse to its sub-carrier to the same extent the carrier itself is liable to the consignor. CMR does not …”

Peter Csoklich Article 1 S. 901-905

„… purpose and objective of the CMR, without taking recourse to national concepts of freight contracts or …”

Petra Butler Introduction to Articles 45–65 CISG S. 232-237

„… and recourses available to seller and buyer requires reading this Chapter together with the discussion …”

Raimond Emde Article 2 S. 1266-1271

„… employee.56 Due to the requirement of autonomous interpretation, a direct recourse to the case law of the …”

Marco Torsello Article 30 CISG S. 156-162

„… applicable rules, recourse is to be had to the domestic law applicable by virtue of the conflict-of-law rules …”

Raimond Emde Introduction S. 1247-1264

„… Recourse to the national law of the user or to specific national terms or understandings is prohibited …” „… , except perhaps recourse to the historical German understanding of a term incorporated in the Directive in …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… published.55 The second option for determining the reference rate is to take recourse to the marginal …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… parties UNIDROIT 10.3 – recommement Limitation Period Convention 19 1 et seqq. – recourse claims CMNI 24 …” „… 40 1 – recourse CMR 39 2 Supplementation – of contract UNIDROIT 7.1.6 9 – of the CISG by the …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… recourse to domestic laws such as culpa in contrahendo by the offeror,64 as the CISG covers the field …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… People’s Congress, 15 March 1999 Art. 39(1). Indeed, “[recourse to domestic law or to non-binding rules …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

doi.org/10.5771/9783845276564

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Julia Gebhard

Necessity or Nuisance?

Series: Recht und Gesellschaft - Law and Society

Volume 9 2018

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Titelei/Inhaltsverzeichnis S. 1-16

„… Necessity or Nuisance?Julia GebhardRecourse to Human Rights in Substantive International Criminal …” „… BUT_Gebhard_4427-5.indd 2 17.01.18 15:14Julia GebhardNecessity or Nuisance?Recourse to Human Rights in …” „… (ePDF)Library of Congress Cataloging-in-Publication DataGebhard, JuliaNecessity or Nuisance?Recourse to Human …”

Part One: The Relationship between International Criminal Law and Human Rights S. 29-82

„… andthe ICTR, unlike the ICC, could not take recourse to a provision outliningtheir applicable law (for a …” „… Rome Statute. It also can take recourse to a provi-sion that explicitly enables the court to apply some …” „… that would normally exercise jurisdic-tion’ the court takes recourse to when it seeks to distil general …”

Introduction S. 17-28

„… the statutes by taking recourse to extra-statu-tory law. The nature and the hierarchy of these sources …” „… (ICTY) cannot take recourse to such ele-ments according to their statutes.Even though the introduction …” „… theletter of the law, when they take recourse to conventions or legal conceptsoutside their own statures. In …”

Part Two: How are Different Areas of Human Rights Law Referred to in International Criminal Jurisprudence? S. 83-232

„… Acts’89Moreover, the court took recourse to human rights when deciding thequestion whether rape can be …” „… inhuman. In doing so, it takes recourseto human rights law. The Court examines the UDHR as well as the …”

Conclusion S. 255-264

„… be taken into account when recourse tohuman rights law is taken in international criminal law. The …” „… seek recourse to human rights law.The interviews have drawn up a very broad spectrum of partly …”

Part Three: Perception of the Value of Human Rights Law from the View of Practitioners S. 233-254

„… relevance of the recourse to human rights law in substantiveinternational criminal lawWhen asked about what …” „… be the mostobvious to take recourse to in substantive matters, the prohibition of tor-ture was one of …” „… prob-lem with recourse to international human rights law in order to defineII.1.812 Interview No. 9.813 …”

doi.org/10.5771/9783845286440

Sebastian Lohsse, Reiner Schulze, Dirk Staudenmayer - Liability for AI

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Sebastian Lohsse (ed.), Reiner Schulze (ed.), Dirk Staudenmayer (ed.)

Liability for AI

2023

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Miquel Martin-Casals Recourse among several liable persons - allocating the burden of liability. S. 217-244

„… this reason, when dealing with the right of recourse,article 14.2 ELI PL-D provided that the …” „… recourse,which must not be less favourable to the claimant than in comparable domestic cases.2. Article 9(2) and …” „… Clusters of the Commission proposals: Regress and InsuranceRecourse among several liable persons …”

Helmut Heiss Liability for Artificial Intelligence (AI): Solutions Provided by Insurance Law S. 245-272

„… liabilityinsurance is introduced, the insurer should have a recourse claim againstthe tortfeasor. In risk scenarios …” „… . where the tortfeasor’slack of liquidity could prevent effective recourse. Without compulsoryinsurance …” „… directedvia the price. It would also be possible to grant indemnity insurers rightsof recourse, thereby …”

Sebastian Lohsse, Reiner Schulze, Dirk Staudenmayer Liability for AI – Opening a new chapter of adapting European private law to the digital transition S. 7-24

„… for the recourse amongseveral tortfeasors or other liable persons as well as the determination …” „… compensated the victim, such persons as a matterof course will be interested in taking (partial) recourse to …” „… supplementing the PLD proposal. According tohis opinion, at least a careful harmonisation of recourse claims …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Martín-CasalsRecourse among several liable persons - allocating the burden ofliability. 217Helmut HeissLiability for …”

Lars Entelmann Concepts and criteria for regulation S. 275-278

„… solvent debtor.5 If the accident is caused by a defectivecar, the insurer may have recourse to the vehicle …”

Christiane Wendehorst Product Liability or Operator Liability for AI – What is the Best Way Forward? S. 99-128

„… be jointlyand severally liable, with a right of proportionate recourse against eachother.66 The …” „… pushed to the recourse stage.Obviously, a backend operator could be identical with the …”

Jean-Sebastien Borghetti Adapting Product Liability to Digitalization: Trying Not to Put New Wine Into Old Wineskins S. 129-164

„… liablepersons further up the cascade. Consequently, the PL-D should organizethe right of recourse, so that the …” „… nationalrules concerning the right of contribution or recourse between two or moreeconomic operators (Article …”

Gerald Spindler Different approaches for liability of Artificial Intelligence – Pros and Cons S. 41-96

Georg Borges Liability of the Operator of AI Systems De Lege Ferenda S. 165-190

„… recourse to thedisclosure of documents pursuant to Art. 3 AIL-D. According to Art. 4 para.3 AIL-D, a …”

doi.org/10.5771/9783748942030

Shira Becker-Alon - The Communitarian Dimension of the European Union's Common Foreign and Security Policy

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Shira Becker-Alon

The Communitarian Dimension of the European Union's Common Foreign and Security Policy

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 83 2011

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Chemical weapons control: recourse back to national measures. S. 71

„… 714. Chemical weapons control: recourse back to national measures. This example of action within …”

Article 308 of the TEC S. 223-224

„… material scope and, further, the recourse to Article 308 of the TEC as an additional legal basis is …” „… to which the recourse to this Article is legitimate in order to attain, in the course of the …” „… recourse to Article 308 of the TEC to serve as additional legal basis in the case of the relevant …”

The 1980 sanction against Iran and the question of using EEC instruments as legal basis for European political cooperation S. 68-70

„… to accept in this sphere. Second, the legitimacy of recourse to Community instruments in order to …” „… applied. Recourse to Article 133 of the TEC would necessarily result in greater involvement of the …” „… Commission’s approach prevailed eventually and the recourse to Article 133 of the TEC as a legal basis for …”

Article 62(2) of the TEC S. 224-225

„… ,987 according to which the recourse to this Article is legitimate in order to attain, in the course of …” „… that the recourse to Article 308 of the TEC to serve as additional legal basis in the case of the …”

Implementing measures and voting procedure S. 182-183

„… ), paragraph 2 TEU). The explicit possibility to recourse to Community instruments and means was provided in …” „… This arguably prevents an undue recourse to Community instruments that could also 794 Available at …”

Community measures implementing Joint Actions S. 193-194

„… in the case of Joint Actions is especially characterized repeatedly by recourse to Community means …” „… Community and its institutions, the practice of recourse to Community measures and instruments in …”

Summary and conclusions S. 283-298

„… , brought them to recourse to Community instruments when implementing decisions made within EPC. This …” „… of recourse to Community means and resources (and even encouraging it) when implementing CFSP …” „… the TEU. The advantage of the recourse to Community financial resources in financing CFSP expenditure …”

The cross-pillar scope of the Common Strategies S. 180-182

„… Positions (Article 13(3), paragraph 2 TEU). The explicit possibility to recourse to Community instruments …” „… ) TEU, first paragraph).798 This arguably prevents an undue recourse to Community instruments that could …”

Joint Actions’ agenda and Community competences and policies S. 190-193

„… the TEC. Accordingly, the Court further set out that “the Union cannot have recourse to a legal basis …” „… in the case of Joint Actions is especially characterized repeatedly by recourse to Community means …”

The institutional practice resulting from the inter-pillar financing arrangement S. 129-132

„… budget. Yet, the consequential recourse to financing CFSP actions through the EC entailed with it new …” „… principle of recourse to the EC budget for the financing of CFSP matters and after the Parliament helped to …”

Community law aspects of armament and defence cooperation S. 167-174

„… , 5 December 2007). The Directive considers that the recourse to Article 296 TEC and the other …” „… considers that the recourse to Article 296 TEC and the other exceptions allowed according to TEC Articles 30 …”

Scope of ECJ jurisdiction under the TEU S. 96-103

„… recourse to TEU provisions not subject to its jurisdiction, especially the ones establishing the general …” „… the recourse to Article 308 TEC as additional legal basis to Articles 301 and 60 TEC in a Council …”

The European Council S. 152-153

„… 152 By allowing no possibility of recourse to qualified majority vote (QMV)638 or, in certain cases …”

Common Strategies as a cross-pillar instrument S. 179-180

„… Common Positions.784 Hence, in defining and implementing Common Strategies, recourse can be made to …”

The 1982 sanctions against the Union of Soviet Socialist Republics (USSR): action within the Community after disagreement within the EPC. S. 70-71

„… ) 877/82 of 16 April 1982, OJ L 102/1, 16 April 1982). 714. Chemical weapons control: recourse back to …”

The ESDP as a component of the CFSP S. 150-151

„… is no possibility of recourse to the EC budget for financing of ESDP operations. 629 According to …”

Legal nature of the ESDP S. 151-152

„… possibility of recourse to qualified majority vote (QMV)638 or, in certain cases, to establishing enhanced …”

Restrictive measures against the Apartheid regime in South Africa: combination of different legal bases. S. 71-72

„… 714. Chemical weapons control: recourse back to national measures. This example of action within …”

Article 297 of the TEC S. 222-223

„… recourse to Article 308 of the TEC as an additional legal basis is legitimate, provided that the other …”

Article 301 of the TEC as a possible legal basis for export controls of dual-use goods S. 230-231

„… be able to recourse to Article 11 of the Export Regulation, if Community rules provide for the …”

Provisions in Community law, authorizing Member States’ unilateral actions regarding export control of dual-use goods S. 231-233

„… be able to recourse to Article 11 of the Export Regulation, if Community rules provide for the …”

Legal basis for CFSP financing S. 132-134

„… principle of recourse to the EC budget for the financing of CFSP matters and after the Parliament helped to …”

Is there a Community obligation to finance the CFSP actions? S. 134-136

„… conferring an obligation on the Community to finance CFSP action, considering the possible recourse to Member …”

Economic sanctions in the EU legal framework S. 206-208

„… that the recourse to the implementation of sanctions via Article 133 TEC as the proper legal basis to …”

Article 133 of the TEC S. 219-221

„… , including the imposition of trade embargoes.971 Yet, the option to recourse to a communitarian alternative …”

Assessment: uniform foreign policy and “one voice” for Europe? S. 279-282

„… (2010/C 134/40, 22 May 2010). Alternatively, the EP argues that the conditions for recourse to Article …”

Scope of Common Positions and their reference to Community matters S. 194-197

„… generate any legal obligation on the part of the Community and its institutions, the practice of recourse …”

Emergence of the ESDP S. 147-150

„… recourse to the EC budget for financing of ESDP operations. 629 According to Article 17(1) of the TEU the …”

Adoption of restrictive measures by the EU against third countries S. 276-279

„… (2010/C 134/40, 22 May 2010). Alternatively, the EP argues that the conditions for recourse to Article …”

Titelei/Inhaltsverzeichnis S. 2-15

„… control: recourse back to national measures. 715. Restrictive measures against the Apartheid regime in …”

Introduction S. 19-24

„… and Common Positions, the Member States acting in CFSP were not reluctant to have recourse to …”

Involvement of the EC in the ESDP S. 156-167

„… reviewing the role of the ESDP, the EP noted that recourse to military means “should be contemplated only …”

doi.org/10.5771/9783845231198

Luca Schicho - State Entities in International Investment Law

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Luca Schicho

State Entities in International Investment Law

Series: Studien zum Internationalen Investitionsrecht

Volume 4 2012

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Recourse to the ILC ASR in investment arbitration case-law S. 26-28

„… conformity with the understanding of State responsibility on which the ILC ASR are founded. 6. Recourse to …” „… entities and agencies involved”.64 In such cases, recourse to the ILC ASR can help an arbitral tribunal to …”

The law: the role of the ILC ASR S. 227-228

„… enshrined in the work of the ILC greatly benefit those having recourse to them: the terms chosen by the ILC …” „… apply the ILC ASR in their comprehensive framework and having recourse to individually attractive rules …”

Application of the concept of overall assessment S. 108-116

„… , executive, or judicial powers”.480 To determine this, the Tribunal made recourse to domestic law, namely the …” „… assessment of the organ status under domestic law should be undertaken: First, by recourse to domestic law …”

Influence based on public law S. 197-205

„… it was controlled. Only if no such authority was involved it becomes necessary to have recourse to …” „… under the overall control test or to have recourse to a lower threshold as lex specialis. Quite to the …”

Table of Contents S. 9-12

„… preparatory works 25 6. Recourse to the ILC ASR in investment arbitration case-law 26 7. Determining …”

The ILC ASR and their preparatory works S. 25-26

„… ASR are founded. 6. Recourse to the ILC ASR in investment arbitration case-law The work of the ILC on …”

The structure: distinguishing between attribution rules S. 228-230

„… comprehensive framework and having recourse to individually attractive rules of attribution which would …”

Mainly jurisdiction: the “State entity test” S. 36-38

„… , in particular, when investors have recourse to investment arbitration only after having pursued …”

State entities in other treaties S. 46-48

„… ”, while others have made recourse to other, more general terms such as “government, governmental or public …”

Overall control S. 191-193

„… have recourse to the overall control test. As discussed above,943 a reasonable argument can be made …”

The sub-categories under Art. 8 S. 152-155

„… existence of explicit instructions. Therefore, recourse to control will often be the only option open to a …”

Determining attribution under the ILC ASR S. 28-31

„… cover indiscriminately any or all of the entities and agencies involved”.64 In such cases, recourse to …”

Sovereign Wealth Funds S. 78-81

„… “strategic companies” which might otherwise need to have recourse to foreign investors.327 It has been …”

Objections raised by respondent States S. 102-108

„… , executive, or judicial powers”.480 To determine this, the Tribunal made recourse to domestic law, namely the …”

State entities in arbitral decisions S. 48-56

„… “State entity”, while others have made recourse to other, more general terms such as “government …”

Exercising elements of governmental authority S. 127-143

„… evident, tribunals have repeatedly made recourse to opposing “typically commercial” and “typically …”

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