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Dário Moura Vicente, Elsa Dias Oliveira, João Gomes de Almeida - Online Dispute Resolution

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Dário Moura Vicente (ed.), Elsa Dias Oliveira (ed.), João Gomes de Almeida (ed.)

Online Dispute Resolution

2022

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Diego P. Fernández Arroyo, Bruno Sousa Rodrigues An Arbitrator’s Perspective: Between Equal Treatment and the Good Administration of Transnational Justice in Online Arbitration S. 37-58

„… An Arbitrator’s Perspective: Between Equal Treatment and the Good Administration of Transnational …” „… ContentIntroductionA. 37The Limits of Equal Treatment in ArbitrationB. 38Good Administration of Justice in …” „… between two foundational values governing any system of dispute resolution, i.e. that of equal treatment …”

Sofia Ribeiro Mendes A Lawyer's Perspective: Confidentiality, Privacy and Security in Arbitration in Times of Covid S. 205-232

„… party autonomy and for the fundamental principles of due process and equal and fair treatment are often …” „… , while respecting the principles of equal and fair treatment of the parties and of the celerity and …” „… contend that compelling reasons for holding an oral hearing, namely, to ensure the equal right of the …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Online Dispute Resolution 21António Santos Abrantes GeraldesAn Arbitrator’s Perspective: Between Equal …” „… Treatment and the Good Administration of Transnational Justice in Online Arbitration 37Diego P. Fernández …”

António Santos Abrantes Geraldes A Judge's Perspective: Guarantees of a Fair Trial and Online Dispute Resolution S. 21-36

„… participate effectively and on an informed basis;b) the need to ensure equal treatment of the parties; and, as …” „… rigorous treatment of the factual elements relevant to the free formation of the judge's (or arbitrators …”

Catarina Monteiro Pires, Madalena Diniz de Ayala A Lawyer's Perspective: Virtual Hearings S. 133-144

„… heard and equal treatment of parties, are uniformly applied21.Safeguarding the principle of due process …”

Luís Filipe Pires de Sousa A Judge's Perspective: Online Hearings, especially the Gathering and Assessment of Evidence S. 87-106

„… of harsher treatment by judges: an example of this is a study on the use of video conferencing in …” „… perceptible in relation to the others. The best method for mitigating this bias is to give equal on-screen …”

doi.org/10.5771/9783748931508

Charl Hugo, Thomas M. J. Möllers - Legal Certainty and Fundamental Rights

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Charl Hugo (ed.), Thomas M. J. Möllers (ed.)

Legal Certainty and Fundamental Rights

Series: Augsburger Rechtsstudien

Volume 89 2020

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Michael Kort Comment: The Principle of Equal Treatment of Creditors and its Limits Under German Law, Illustrated on the Basis of the Law on Limited Liability Companies S. 383-392

„… Comment: The Principle of Equal Treatment of Creditors and its Limits Under German Law, Illustrated …” „… private autonomy and equal treatment of creditors under German law I. 384 Civil law and commercial law1 …” „… . 384 Insolvency law2. 384 No general principle of equal treatment of creditors (par conditio creditorum …”

Kathleen van der Linde, Juanitta Calitz Equality, Legal Certainty and Insolvency S. 353-382

„… ) and the link, if any, between the fundamental/constitutional right to equality and equal treatment of …” „… that there is only a superficial correlation between the right to equality and the equal treatment of …” „… equal treatment of creditors in insolvency law. It argues that the paritas creditorum principle as …”

Martina Benecke Comment: Discrimination in Working Life and Anti-Discrimination Law – Experiments and Experiences in Germany and Europe S. 335-352

„… 2000: • Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment …” „… 2000 establishing a general framework for equal treatment in employment and occupation, • Directive …” „… 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access …”

Charl Hugo, Thomas M. J. Möllers Introduction S. 11-18

„… between the fundamental or constitutional right to equality and the equal treatment of creditors in …” „… creditors equally, and that even in insolvency law the principle of equal treatment of creditors is not …” „… , and equal treatment of creditors applies only within a group. He considers various specific issues …”

Elmarie Fourie, Marius van Staden Labour Law, Vulnerable Workers and the Human-Rights Paradigm S. 301-334

„… : “Equal consideration for all may demand very unequal treatment in favour of the disadvantaged. The …” „… informal economy. The right to human dignity can include the right to social protection and equal treatment …” „… regard does not necessarily encompass identical treatment, but rather the following, as stated by Sen …”

Titelei/Inhaltsverzeichnis S. 1-10

„… European Legal Order – The Treatment of Preventive Detention in the German Federal Constitutional Court and …” „… Certainty and Insolvency 353 Kathleen van der Linde / Juanitta Calitz Comment: The Principle of Equal …” „… Treatment of Creditors and its Limits Under German Law, Illustrated on the Basis of the Law on Limited …”

doi.org/10.5771/9783748906063

José Maria Beneyto, Ingolf Pernice - Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

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José Maria Beneyto (ed.), Ingolf Pernice (ed.)

Europe's Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts

Series: European Constitutional Law Network-Series

Volume 8 2011

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Ana Maria Guerra Martins Does the Treaty of Lisbon Really Implement Equal and Non-discriminatory Treatment of Third-Country Nationals (TCN)? The Case of Legally Resident TCN within a Member State of the Union S. 327-352

„… Does the Treaty of Lisbon Really Implement Equal and Nondiscriminatory Treatment of Third-Country …” „… Discrimination and Equal Treatment of TCN IV 338 Values of the UnionA 338 Charter of Fundamental Rights of the …” „… conclusions of the European Council of Tampere.4 The reasons that prevent an equal treatment of TCN are either …”

Titelei/Inhaltsverzeichnis S. 1-8

„… of Lisbon Really Implement Equal and Non-discriminatory Treatment of Third-Country Nationals (TCN …”

Ingolf Pernice Motor or Brake for European Policies? Germany’s New Role in the EU after the Lisbon-Judgment of Its Federal Constitutional Court S. 353-390

„… equal partner in a united Europe’.4 Nothing is said in the Grundgesetz about national sovereignty.5 …” „… responsible self-determination but also the willingness to serve world peace as an equal partner in a united …” „… citizens want to influence through free and equal elections. Budget sovereignty is where political …”

doi.org/10.5771/9783845233109

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… acquired through additional counted children” HEADNOTE: Decision regarding the equal treatment of different …” „… amenable to an interpretation in conformity with the constitution. The different treatment of the parents …” „… receiving preferential treatment. The unequal treatment is said to be justified neither by the state’s need …”

BVerfGE 97, 332 Order of the First Senate of 10 March 1998 – 1 BvR 178/97 “Graduated kindergarten contributions case” Kindergarten contributions graduated by family income S. 372-385

„… ) The general principle of equality requires to apply equal treatment to what is essentially alike and …” „… principle of equal treatment, amongst other things by means of progressive taxation rates (see BVerfGE 61 …” „… ability to pay. This equal treatment is broken insofar as public burdens are imposed on individual …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… responsibility for the child in conjunction with the comprehensive requirement of equal rights under the …” „… Code (Bürgerliches Gesetzbuch – BGB) as amended by the Equal Rights Act (Gleichberechtigungsgesetz) of …” „… under constitutional law of § 1629.1 of the Civil Code as amended by the Equal Rights Act of 18 June …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… , Article 6.5 of the Basic Law was said to require equal treatment only insofar as the maintenance of the …” „… maintenance with regard to the principle of the equal treatment of children who are born in wedlock and out of …” „… was granted maintenance, given that this was the only way to guarantee the necessary equal treatment …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… under the law on names was also abolished for reasons of equal treatment by the Act Reforming the Law of …” „… principle of equal treatment under Article 3.2 sentence 1 of the Basic Law, which prohibits for the law on …” „… maintenance of which is entrusted to the parents as both a right and a duty in equal measure. Naming includes …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… special protection of the family excluded the equal treatment of illegitimate children in Article. 6.5 of …” „… . On the contrary, it creates no barriers to a substantially equal treatment to marriage. Justice …” „… are equal or similar to those of marriage. The institution of marriage is not threatened by any risk …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… child of the spouses is equal to the duration of the marriage. (2) § 1609 remains otherwise unaffected …” „… the Civil Code, the claim to maintenance of the spouse is equal to that of the minor, unmarried …” „… here that every marriage is equal before the law. Constitutionally, this follows from the fact that …”

Titelei/Inhaltsverzeichnis

„… ” Decision regarding the equal treatment of different forms of family under the law on child benefit 577 37 …” „… welfare, and the equal treatment of children born in and out of wedlock. The breadth of the spectrum of …” „… marriage and the family with the principle of equal treatment contained in Article 3.2 of the Basic Law …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… security contributions was to cease because this equal treatment would not have complied with the principle …” „… Law Gazette I 2007 p. 538). It reads as follows: “§ 427a Equal treatment of maternity periods (1) To …” „… which make compensation as far as possible for the consequent unfavourable treatment of the mother, who …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… requirement of equal treatment by the denial of their desire for residency. 1. The ban on unfavourable …” „… treatment in violation of the requirement of equal treatment has found particular expression in Article 6.1 …” „… these differences in administrative practice. For the individual only has a right to equal treatment …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… conformity with the equal treatment of votes guaranteed by Article 28.1 sentence 2 of the Basic Law …” „… Court is of the opinion that the formal character of the equal treatment of votes guaranteed by Article …”

BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR 133/67 “Duty to promote families case” Decision on the duty of the state to promote families S. 45-50

„… benefit to also be paid to children living abroad. The exceptions were based on reciprocal equal treatment …” „… equality. Article 3.1 of the Basic Law prohibits the legislature from arbitrary unequal treatment of things …” „… reason for the different treatment is a result of the goal of child benefit. Child benefit seeks to …”

Index S. 937-956

„… claim to 263 · requirements for 267, 279 – permission 306 – potential 273 equal opportunities 384 equal …” „… father and mother/between parents 20, 24, 29, 31, 37 – special principle of 402 – unequal treatment, ban …” „… – insurance 749, 753-754 · qualifying period in 747-750, 752-757 unequal treatment 581, 585-586, 588 · between …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… equal ability to pay should be taxed in the same amounts. Also, recipients of higher incomes must be …” „… equal share of the total residential premises is estimated for each person. By contrast, it should …” „… equal are also to be taxed equally (see BVerfGE 82, 60 (89-90)). An additional fiscal burden on …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… said to be no reasons justifying the unequal treatment constituted thereby. … IV. … V. … B. The …” „… that they could justify the unequal treatment (see BVerfGE 104, 126 (144-145); established case-law). b …” „… Law insofar as it relates to the different treatment of marriages and non-marital communities with …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… legislature to decide which of these characteristics it regards as material to equal or unequal treatment (see …” „… that they could justify the unequal treatment (BVerfGE 55, 72 (88)). The legal distinction must hence …” „… benefits for the pension system also justifies its unequal treatment in establishing pension expectancies …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… standard in regard to equal treatment (see BVerfGE 58, 377 (392-393)). There must always be convincing …” „… order to put children declared legitimate on an equal footing with those born in wedlock it was …” „… reasons for any unequal treatment of children born out of wedlock 332 which constitutes discrimination in …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… his or her own income and assets. This equal treatment of a person liable for support and a recipient …” „… in equal shares of a piece of real estate with a block of four flats erected on it which was intended …” „… treatment of parental support also, as the Federal Court of Justice (Bundesgerichtshof – BGH) emphasised …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… ) constitutes such interference. 6. Equal rights for women include women having the opportunity to earn an …” „… considerable degree that not all actual differences should lead to different treatment by the law, but rather …” „… Basic Law does not prohibit giving married couples preferential treatment, but rather only placing them …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… by the other spouse to the household income. If the spouses’ income is equal, there is no splitting …” „… )). It is merely to be examined whether there are adequate reasons for different treatment of marriages …” „… . cit., p. 98). These remain sufficient reasons justifying the different treatment in terms of the …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… before God and man, Inspired by the determination to promote world peace as an equal partner in a united …” „… the law] (1) All persons shall be equal before the law. (2) Men and women shall have equal rights. The …” „… state shall promote the actual implementation of equal rights for women and men and take steps to …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… Länder, the contribution burden continued to be shared in equal halves by employees and employers after …” „… (35) with further references). Article 3.1 of the Basic Law demands that that which is equal is to be …” „… contributions of the coming generation. a) The favourable treatment of the childless becomes manifest if one …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… Basic Law, to which the father and the mother of a child are entitled in equal measure, covers the major …” „… the child with the father unless he is willing. Both parents hence receive equal access to joint …” „… reasons for unequal treatment (see BVerfGE 84, 168 (185); 96, 56 (65)). The fact that a child born out of …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… maintenance is not to be placed on an equal legal footing with the private meeting of needs, which is why the …” „… treatment can also not be traced in this case to a greater child-related increase in household expenditure …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… marriage and the family were not of equal significance in the case to be ruled on because it was not …” „… degree. This is however contingent at least on expressions of opinion the confidential treatment of which …”

doi.org/10.5771/9783845237534

Prinz Nikolaus von und zu Liechtenstein, Mario Monti, Bo Vesterdorf, Jay Westbrook, Luzius Wildhaber - Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

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Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

2007

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Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… ) The meaning of Article 2(4) of the Second Equal Treatment Directive in its original version: no …” „… implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ 2000 …” „… application of Community law on equal treatment between women and men 1/2001, at 23. More generally on sex …”

Thorgeir Örlygsson Twelve Years of Experience S. 225-242

„… in this Agreement and to arrive at an equal treatment of individuals and economic operators as …” „… homogeneity, equal treatment of individual persons/legal entities and protection of their activities. I join …” „… , based on common rules and equal conditions . . .». 5 See e.g. Article 1 of the EEA Agreement which …”

Stefán Már Stefánsson Legitimate Expectations in EC/EEA Law S. 627-642

„… Agreement which also have as objective to ensure individuals and economic operators equal treatment in the …” „… equal treatment and equal opportunities are so strongly expressed in the EEA Agreement that it must be …” „… market and equal conditions of competition, as well as adequate means of enforcement. This objective of …”

Dirk Buschle The Free Movement of Capital in the EEA – A Lehrstück in Homogeneity S. 75-98

„… Member States and also any discriminatory treatment based on the nationality or place of residence of the …” „… , the national court asked the EFTA Court whether the unequal treatment of loans received from foreign …” „… restrictive as, all other terms being equal, the difference to the disadvantage of foreign lenders would make …”

Bo Vesterdorf The EC Competition Law Policy on Fines Main Issues and Ways Ahead S. 671-690

„… requirements include, among others, the duty to state reasons, the principle of equal treatment, the principle …” „… order to safeguard the principles of equal treatment and legal certainty.27 I do not think that the idea …” „… the amount as calculated above a sum equal to 15 to 25 % of the yearly relevant sales, irrespective of …”

Davíd Thór Björgvinsson Application of Article 34 of the ESA/Court Agreement by Icelandic Courts S. 37-50

„… Area based on common rules and equal conditions of competition. Its main components are uniform rules …” „… between the Contracting Parties with equal conditions of competition and the respect of the same rules …” „… non-binding nature, should be followed, unless specific reasons would justify a different treatment. This in …”

Jay Lawrence Westbrook National Regulation of Multinational Default S. 777-792

„… entitled to equal and nondiscriminatory treatment. Closely related is the question of consent. The court …” „… main interests») and provides sharply different treatment for main and nonmain proceedings in other …” „… could argue that United States bankruptcy law should apply to the bankruptcy treatment of the leases …”

Henrik Bull Recognition of Foreign Bankruptcies: Swiss Law as an Example to the World? S. 727-734

„… corollary to this, the claims of foreign creditors are as a main rule accepted on an equal footing with the …” „… . creditors will be given a fair treatment by the foreign estate, but also, «if appropriate», whether the …”

Paolo Mengozzi The European Union balance of powers and the case law related to EC external relations S. 207-224

„… to the treatment of nationals of non-member countries or expressly conferred on its institutions …” „… , such as legislative measures containing clauses relating to the treatment of nationals of non-member …” „… the Community has included in its internal legislative acts provisions relating to the treatment of …”

Pieter Kalbfleisch The Assessment of Interests in Competition Law: A Balancing Act S. 455-474

„… this contribution with a reflection on some specific questions that may arise on the treatment of …” „… European Community and the welfare of its inhabitants. The treatment of efficiency considerations in the …” „… would choose anything other than equal weights for consumers and shareholders.25 But economic theory …”

Philip Lowe Director Competition Policy as an Instrument of Global Governance S. 489-502

„… founding Member States was the protection of equal competitive terms between their industries. Member …” „… different treatment of the conduct of companies. There is a governance problem in the sense that the …”

Hans Petter Graver The Harmonisation of National Administrative Law S. 377-392

„… provide services (Article 49), non-discrimination and equal treatment, transparency and proportionality. A …”

Thomas Cottier The Judge in International Economic Relations S. 99-122

„… judicial review.11 Modern legislation, adopted in 2005, continues to do so in equal terms, but adds an …” „… . International treaties have to be treated similarly to national law with regard to the domestic treatment and …” „… entail constellations where a ruling on the basis of specific rules such as national treatment or MFN …”

doi.org/10.5771/9783845204918

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