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Andreas Fischer-Lescano, Hans-Peter Gasser, Thilo Marauhn, Natalino Ronzitti - Frieden in Freiheit - Peace in liberty - Paix en liberté

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Andreas Fischer-Lescano (ed.), Hans-Peter Gasser (ed.), Thilo Marauhn (ed.), Natalino Ronzitti (ed.)

Frieden in Freiheit - Peace in liberty - Paix en liberté

2008

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Natalino Ronzitti The Proliferation Security Initiative and International Law S. 281-296

„… non-State entities. But they have only limited value for the PSI, since those lists, with the exception of …” „… exception of Turkey, all the other PSI States are parties to UNCLOS. According to the Statement of …” „… number of exceptions as for the law of the sea permitting the visit of foreign ships. Several States …”

Bernd Martenczuk The External Representation of the European Union: From Fragmentation to a Single European Voice? S. 953-968

„… and its Member States in the context of mixed agreements.4 II. EU External Representation: the …” „… Community Article 281 of the EC Treaty explicitly states that the European Community has legal personality …” „… capacity of the Community in the legal order of the EU Member States. 3 The present contribution …”

Sabine Schlemmer-Schulte Sovereign Debt: The Argentine Bonds Case S. 985-1030

„… . 1994) (finding of a direct effect in the United States under the commercial activity exception to the …” „… obligations on the state of emergency exception.63 The state of emergency defense may be raised equally …” „… Ernst Folz, State Debts, in Encyclopedia of International Law, Volume IV (Rudolf Bernhardt ed …”

Mary Ellen O’Connell Defending the Law against Preemptive Force S. 249-260

„… self-defense at the discretion of a state is strictly at odds with the Charter’s design. It is an exception …” „… . against Iran. President Bush first unveiled his policy of preemptive force in the 2002 United States …” „… , not only to generally ban the use of force by states, but to create institutions for policing the ban …”

Dieter Fleck Law Enforcement and the Conduct of Hostilities: Two Supplementing or Mutually Excluding Legal Paradigms? S. 403-420

„… affects the conduct of States in situations where distinct rules are either disputed or not available at …” „… all. States may decide, and have done so sometimes as a matter of policy, that even if a particular …” „… Prevention of Crime and the Treatment of Offenders, Fleck 394 It may be justified to state …”

Daniel-Erasmus Khan At the Edge of an „Inadvertent War“ – The 2007 British-Iranian Incident in the Shatt-al-Arab Annotated S. 155-168

„… of highly active and influential Non-State actors, unstable political structures and a fragile …” „… , the intervention of the ICJ (United States Diplomatic and Consular Staff Khan 145 II …” „… per definitionem hostile to a clear-cut elucidation of the true state of the law and/or the precise …”

Laurence Boisson de Chazournes, Danio Campanelli The United Nations Compensation Commission: Time for an Assessment? S. 13-30

„… from Kuwaiti territory1. The Coalition of States mandated by Security Council Resolution 678 at the …” „… demarcation of the boundary between the two States (paras. 3 and 4), the creation of a United Nations …” „… provide compensation to individuals, corporations and States which suffered damage because of the Iraqi …”

Alain Pellet Le recours à la force, le droit et la légitimité – Notes sur les problèmes posés par le principe de l’interdiction du recours à la force armée en cas de carence du Conseil de sécurité S. 261-280

„… by the United States After the End of the Cold War, and Its Impact on International Law » in M. Byers …” „… and G. Nolte eds., United States Hegemony and the Foundations of International Law, Cambridge U.P …” „… States and the Humanitarian Use of Force in the Post-Cold War Era », ibid., pp. 232-263. 5 Cf. Louis …”

Yoram Dinstein Comments on the UK Manual of the Law of Armed Conflict S. 387-402

„… Article 64 of Geneva Convention (IV). Article 64 lists three exceptional situations. Two exceptions have …” „… of Armed Conflict 413 n. 16 (2004). 3 As the Preface to the Manual openly states (ibid., ix): "The …” „… the law of armed conflict. Whenever there is an unbridgeable chasm between what States say and what …”

Christian Tomuschat Pacta sunt servanda S. 1059-1078

„… with the basic principle of State sovereignty. In fact, if the sovereign State constitutes the primary …” „… and principles over which no individual State can dispose of its own free will,4 those debates have …” „… does not depend on the whims and fancies of individual States. In that regard, pss is uncontested …”

Stelios Perrakis De la réparation des victimes des violations du droit international humanitaire et l'affaire des „réparations de guerre allemandes“ en Grèce – Essai de synthèse et quelques considérations S. 535-562

„… Law Review, 2006. 203-279; R.P. Mazzeschi, Reparation claims by individuals for state breaches of …” „… . Jorgensen, The responsibility of states for international crimes, Oxford, 2001; W. Kaleck, M. Ratner, T …” „… , décident – d’une manière contrai- 14 F. Kalshoven, State responsibility for warlike acts of the armed …”

Hanspeter Neuhold The International Community and „Rogue States“ S. 227-248

„… through the Security Council of the United Nations, after the Cold War to rein in so-called “rogue states …” „… used the term “rogue states” but towards the end of its term of office called these states “states of …” „… of the United States. According to this definition, “rogue states” • brutalise their own people …”

Ernst-Ulrich Petersmann In Search for Justice: International Trade Law and Human Rights S. 659-666

„… Westphalian system of “international law among states” into a cosmopolitan “international integration law …” „… ” and the human rights obligations of all 192 UN member states, many national and international courts …” „… treaties among states. In his Theory of Justice, Rawls used the idea of reasonableness for justifying …”

David P. Forsythe The United States and International Humanitarian Law S. 421-428

„… political and legal discourse. But in matters of IHL, the United States might seem anything but exceptional …” „… adhered to) by about two-thirds of the UN’s 192 member states, while the 2005 protocol (APIII on neutral …” „… to the world as an exceptional nation, and “American exceptionalism” has become a feature of …”

Wolfgang Münch The Revision of the System of Administration of Justice in the United Nations Secretariat – The Current State of Affairs in the Light of the Recommendations of the Secretary-General’s Redesign Panel S. 217-226

„… Current State of Affairs in the Light of the Recommendations of the Secretary-General’s Redesign Panel …” „… of common sense among the Secretary-General of the United Nations (UN) and the Member States that the …” „… providing protection against the risk of interferences by governments of Member States. At the same time …”

Elzbieta Mikos-Skuza The International Humanitarian Fact-Finding Commission: An Awakening Beauty? S. 493-504

„… and their Protocol Additional I of 1977 every state is obliged “to respect and to ensure respect” for …” „… also for responsibility of states for violations of international humanitarian law committed by their …” „… might be regarded as a kind of continuous surveillance for preventive purposes, • Meetings of states …”

Thilo Marauhn The Silent Thread: Explosive Remnants of War S. 205-216

„… environment, neither general international law nor the law of armed conflict is effective in deterring States …” „… remnants both under the jurisdiction or control of a State party as well as those deployed by a State …” „… and on Their Destruction of 10 April 1972 (BTWC)10 includes an obligation of States, parties to deal …”

Georges Abi-Saab Whatever happened to Article 19? S. 831-850

„… of a draft article, in the work of the International Law Commission on State responsibility, that …” „… framework of each system. A. Historical background The rules of State responsibility as we know them …” „… the international law on the responsibility of States for injuries to aliens is thus an aspect of the …”

Allan Rosas EU Primary Law as Substantive Law S. 969-984

„… consent of all the Member States.5 The history of the European integration project tells us that it is …” „… First Instance9 and the national courts of the Member States.10 Many of the 5 According to Article …” „… and Member States' liability for violations of EU law, have been first articulated by the ECJ, on the …”

Gerhard Hafner The ECHR torn between the United Nations and the States: The Behrami and Saramati Case S. 115-134

„… exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for …” „… recent time been carried out by collective military forces of States, authorized for this purpose by the …” „… ). Hafner 104 cases (FRY v ten Member States of NATO)6, be it the ECHR in the cases Waite and Kennedy7, or …”

Henri Smets Rights and duties associated with the right to water S. 723-734

„… States on the right to water are foreseen. 3 “Basic principles on the right of access to drinking …” „… of various rights and duties arising under the right of access to drinking water and sanitation. 1 …” „… . The right to water, a right for all citizens The right to water, i.e. the right of access to drinking …”

Lothar Brock Von der „humanitären Intervention“ zur „Responsibility to Protect“ – Kriegserfahrung und Völkerrechtsentwicklung seit dem Ende des Ost-West-Konflikts S. 31-44

„… States of America, Washting, D.C. 2002. Brock 24 Die enge Interpretation des Gewalt- und …” „… NATO’s use of force against Yugoslavia undermined that state’s sovereignty and perhaps the sovereignty …” „… of other, already weak states, it is not at all clear that international law was the beneficiary of …”

Andrew Waite The Definition of Waste: The Riddle of the Sands S. 799-818

„… be interpreted in the light of the aim of the Directive. The sixth recital to the WFD states that …” „… : “in order to achieve a high level of environmental protection, the Member States must, in addition to …” „… , the preliminary note in the annex to the European Waste Catalogue states that this list of waste is …”

Theodor Schweisfurth The United Nation's Peacebuilding Commission's First Year S. 309-344

„… consent of a concerned Member State in exceptional circumstances on the verge of lapsing or relapsing …” „… Member States in exceptional circumstances of the same character and which are not at the agenda of the …” „… the Member States of the UN. 1 In this report (paragraphs 224, 225) we find the reasons formulated …”

Jost Delbrück Protecting National Security against Terrorism in Open Societies – A Political, Constitutional and Ethical Dilemma S. 53-62

„… side-effects in terms of potentially or actually disproportionate counter-measures undertaken by states …” „… view of the obvious obligation of states to effectively protect their national security against vicious …” „… human rights covenants are well aware of the fact that in a state of emergency curtailments of certain …”

Wolff Heintschel von Heinegg Manoeuvring in Rough Waters: The UK Manual of the Law of Armed Conflict and the Law of Naval Warfare S. 439-456

„… prevented a considerable number of States from adopting most of the San Remo rules in their respective …” „… take place during an armed conflict between two or more States or if they escalate into a situation of …” „… increase11 it is of utmost importance that States adopt the San Remo Manual and thus contribute to legal …”

Sabine von Schorlemer “Women in Progress?” The Relevance of Security Council Resolution 1325 (2000) S. 1155-1170

„… : “Urges Member States to ensure increased representation of women at all decision-making levels in …” „… Secretary-General33, the Security Council34, various UN bodies and UN Member States35. Another important part of SC …” „… results of his study and to make this available to all Member States of the UN” (ibid.). 34 …”

doi.org/10.5771/9783845209593

Matthias Rossi - Die Europäische Dienstleistungsrichtlinie und ihre Auswirkungen auf die Rechtsordnungen Italiens und

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Matthias Rossi (ed.)

Die Europäische Dienstleistungsrichtlinie und ihre Auswirkungen auf die Rechtsordnungen Italiens und

Series: Augsburger Rechtsstudien

Volume 71 2012

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Christian Hufen The approval fiction in Article 13 Par. 4 Services Directive in German Administrative Procedural Law S. 73-90

„… only have to accommodate the regulatory regime of the Member State they reside in.3 All other Member …” „… States in which services providers operate would have to accept all approvals granted by the country of …” „… provide services to consumers in another Member State on the basis of the laws of its country of origin …”

Isabella Risini The Approval Fiction in the EU-Services Directive and its Implementation in German and Italian Administrative Law S. 11-30

„… . This lack of definition gives leeway to the member states for the implementation of the Directive …” „… non-exhaustive enumeration of such reasons that the ECJ has already identified.10 It states: 6 For the …” „… the member states to justify the replacement of the default approval fictions with another arrangement …”

Anselmo Barone, Paolo Pasqualis The European Directive on Services and the Notarial Profession in Italy S. 91-98

„… “Resolution on the status and organisation of the notarial profession in the [then] 12 Member States of the …” „… documents”; “notarial activities involve a partial delegation of sovereignty by the State, for the purposes …” „… a marked increase in notarial activity within all the Member States of the Community in the context …”

Vera Parisio “Bolkestein” Directive, tacit consent, D.I.A. (S.C.I.A.) in the administrative procedure S. 57-72

„… legislators provide for some exceptions. Article 17 of d. lgs. No. 59/2010, however, states that, should …” „… entitlements, as per lit. m) of the same Par. It follows that, being an expression of the State exclusive …” „… Parisio* A. Introduction: the implementation of the “Bolkestein” Directive between liberalization and …”

Peter Kindler The Influence of the Services Directive on German-Italian Private-Law Relations S. 43-56

„… states that the directive “does not concern rules of private international law, in particular rules …” „… rules of private international law (Article 17 No. 15). Even more generally, Recital No. 90 states that …” „… be) subject only to the national provisions of their Member State of origin which fall within the …”

doi.org/10.5771/9783845241869

Jörg-Detlef Kühne, Peter Neumann, Christopher Schmidt - Direkte Demokratie unter Berücksichtigung der Kommunen der Weimarer Republik, überarbeiteter Nachdruck von Lee Seifert Greene: "Direct Legislation in Germany, Austria and Danzig"

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Jörg-Detlef Kühne (ed.), Peter Neumann (ed.), Christopher Schmidt (ed.)

Direkte Demokratie unter Berücksichtigung der Kommunen der Weimarer Republik, überarbeiteter Nachdruck von Lee Seifert Greene: "Direct Legislation in Germany, Austria and Danzig"

Series: Studien zur Sachunmittelbaren Demokratie

Volume 10 2012

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Direct Legislation in State Law S. 59-79

„… Federal States (“Länder”) With the single exception of Lübeck, all the German states have introduced the …” „… scene. Moreover, the machinery set up in state law offered a wide variety of forms within this general …” „… the Bavarian state resides in the people.”8 The next article carried the implications of this dogma to …”

Direct Legislation in the Local Units S. 80-89

„… . In all the four states mentioned, the referendum was valid only when a majority of the qualified …” „… section was not retained in the 1925 reading. According to the provisions of the law in the above states …” „… and state governments, a number of limitations were laid upon the use of the referendum. Most …”

Defects of the German System of Direct Democracy S. 164-183

„… continued the influence of states whose very raison d’être had virtually disappeared. The office of …” „… of the United States has become, however, his acts were made subject to the countersignature of …” „… predominant type of government. The German Republic was primarily a parliamentary state and it was inevitable …”

Appendix S. 191-206

„… alter the territorial extent of the free states only with their consent. In other respects federal …” „… states as well as of regions whose populations on the strength of the right of self-determination have …” „… Reich without regard to former state boundaries, in so far as the tribal character of the population …”

Direct Legislation in Practice in National Governments S. 98-132

„… , state, and local. It is also evident that the friends of the institution were frequently moved merely by …” „… use of state domain not necessary for other purposes,10 by the appropriation in return for payment of …” „… privately owned moor lands,11 by right of state option on lands offered for sale,12 and by the use of …”

Revolution and Reconstruction S. 21-41

„… territorial structure of the free states may, however, be altered only with their consent. With this exception …” „… degree of real attainment in many German states, of which the republics of Hamburg and Bremen were …” „… , April 26, 1924. 21 liticians of Bavaria and the Hanse city of Hamburg, while small states, as Anhalt …”

The Law Relating to Direct Legislation S. 42-58

„… paper, the pre-war programmes of the democratic parliamentary parties; and statesmen in the new States …” „… of the state. In his opinion, such a condition is made necessary by the provision of Article 109 of …” „… to favor the first. As he justly says, the exception made of financial statutes indicates clearly …”

Introduction S. 7-8

„… ideological glorification or demonization, have been an exception. While at least, for the level of the Reich …” „… and the level of the federal states, the dissertation of Reinhard Schiffers1 cared for an early …” „… Introduction Until the middle/end of the 1990s, “people rights”, “plebiscite elements” or in …”

Direct Legislation in Use in State and Local Units S. 133-157

„… Direct Legislation in Use in State and Local Units The German Länder The history of the Länder …” „… lacking in the attempt of the Bürgerschaft to carry through legislation concerning state financing. The …” „… executive and endanger the authority of the state. The constitution provides, however, that the Senate …”

doi.org/10.5771/9783845244778

Michael Bakowitz - Informationsherrschaft im Kartellrecht

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Michael Bakowitz

Informationsherrschaft im Kartellrecht

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

Volume 12 2018

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Teil 5: English Summary S. 297-318

„… , however, there are exceptions when it comes to the protection of commercial interests of a natural or …” „… . If only parts of the requested documents are covered by any of the exceptions, the remaining parts …” „… case should be different with regard to the “protection of investigations”exception. Once the …”

Literaturverzeichnis S. 319-356

„… Interpretation of the Exceptions to the Right of Access to Official Documents Revisited, 46 CML Rev. 2009, S …” „… ., Köln 2012, S. 35–67 Albers, Michael / Jourdan, Jérémie, The Role of Hearing Officers in EU Competition …” „… Alemanno, Alberto, Unpacking the Principle of Openness in EU Law: Transparency, Participation and Democracy …”

doi.org/10.5771/9783845291215

Astrid Epiney, Marcel Haag, Andreas Heinemann - Die Herausforderung von Grenzen - Le défi des frontières - Challenging boundaries

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Astrid Epiney (ed.), Marcel Haag (ed.), Andreas Heinemann (ed.)

Die Herausforderung von Grenzen - Le défi des frontières - Challenging boundaries

2007

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Ruth Lapidoth Some Reflections on the Term Exterritoriality S. 543-547

„… , it concerns situations that are exceptions to the principle of the territoriality of state powers …” „… . However, the term relates to two very different kinds of exceptions:1 first, the exercise of state powers …” „… jurisdiction of the state in which he resides, namely, immunity. The first exception relates to several …”

Jiří Zemánek The European Arrest Warrant at the Czech Constitutional Court: fundamental rights not affected S. 831-842

„… the EU Member States is primarily put into practice by means of procedural law. Only to the extent …” „… reciprocity and in view of the evidence that could be collected in the state where the criminal act occured …” „… the state-to-state level. It encouraged the petitioners in some Member States to complains of a …”

Bruno Nascimbene European Citizenship and Third-Country Nationals. Recent Trends on the Definition of the European Status Civitatis S. 704-722

„… co-decision procedure, with the exception of the criteria for entry and residence in a Member State by …” „… characteristics of, and differences between, the rights of citizens of the Member States, that is to say …” „… the protection of the rights and interests of the nationals of its Member States through the …”

Samantha Besson, André Utzinger European Citizenship Across Borders S. 627-644

„… citizens is actually composed of rights conferred by the EU and rights conferred by Member States. Moreover …” „… State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace …” „… since holding the nationality of a Member State is prerequisite for acquiring it. Second, EU citizenship …”

Kieran St. C. Bradley Delegated Legislation and Parliamentary Supervision in the European Community S. 286-301

„… implementation is normally a competence of the Member States. He relies in support of this view on Article 10 EC …” „… , which is said to be the transposition to the Community of the habitual rule that in federal states …” „… implementation at the central level is the exception. For this reason, according to his reading of Article 202 …”

Peter L. Vesterdorf Democracy, efficiency and the European Union S. 175-196

„… exception of no more than three Member States voted for a measure. It has been seriously (in the year 2000 …” „… Union with ten new Member States. In the following I am going to deal with the theme of democracy and …” „… sensu as I do not harbour any wish for the Union to develop into a state in the traditional meaning of …”

Martin Killias The European Arrest Warrant – How Efficiency Led to Ignore Diversity S. 801-811

„… the dream of all those in Europe who persisted in building a supranational State. In this sense, one …” „… Europe-wide criminal justice system2. In the meantime, several Member-States have retarded the enactment of …” „… (footnote 2), for details. As of June 2005, the EAW has been fully operative in only eight Member States …”

Karel De Gucht Enlargement: Past and Future S. 485-492

„… , Minister of State, Professor EU law at Brussels University (VUB). 486 Karel De Gucht relevance …” „… dark sides of labour and environmental exploitation or unwarranted state aids. Rather than a symptom …” „… initial income differences were, with the exception of Greece and Portugal, much less than half. The …”

John Usher The Court of Justice of the EU and the Jurisdiction of other International Tribunals S. 599-610

„… . Introduction Under art.292 of the EC Treaty, the Member States undertake not to submit a dispute concerning the …” „… States may be party to a separate treaty with its own judicial organ, such as the European Convention of …” „… competences of the Community and the Member States as regards the matters governed by the provisions of the …”

Florian Bieber Lessons from the European Union for Institutional Design in Multinational States S. 275-285

„… divided societies. The tools of classic mediation, as in the case of the short-lived state union of …” „… case of Cyprus, have been utilized to develop new institutional arrangements for fragile states in …” „… nature of the State Union of Serbia and Montenegro, there is nothing easy about accommodating …”

Alison McDonnell The Hierarchy of Norms in EU Law – Empowering and controlling the Commission S. 372-386

„… Law Since the relationship between EU law and Member State law is at the same time one of the most …” „… on it shall have primacy over the law of the Member States.« 374 Alison McDonnell the Member States …” „… international law, the obligations of the Member States of the United Nations under the Charter of the United …”

Frank Emmert Market Economy, Democracy, or Rule of Law – What Would You Pick, if You Had to Choose? S. 104-116

„… 200 sovereign states in the world today.1 Some 152 of them – that means three out of four countries …” „… the Council and the Representatives of the Governments of the Member States Meeting within the …” „… aid. In a speech at the World Affairs Council in Dallas in March 1990, then Secretary of State James …”

Anne Peters Typology, Utility and Legitimacy of European Soft Law S. 405-428

„… decision-making, the internalisation of EC-law in the Member States’ legal orders without domestic implementing …” „… (through the medium of the Community legal order) that they influence the conduct of Member States …” „… states, which are highly dependent on the rule of law.26 The binary view provides us with clear …”

Bruno De Witte Les frontières du marché: la place des valeurs non marchandes dans la législation sur le marché intérieur S. 754-768

„… Witte, The delimitation of powers between the EU and its Member States, in: Arnull/Wincott (Eds …” „… Kahil-Wolff/Laurence Muller, Cours général de droit communautaire, in: Collected Courses of the Academy of European Law …” „… marché intérieur, voir Stephen Weatherill, The internal market, in: Peers/ Ward (Eds), The EU Charter of …”

Ernst-Ulrich Petersmann International Integration Law and Multilevel Constitutionalism S. 429-437

„… »international law of coexistence« focusing on state sovereignty and as an »international law of cooperation …” „… are transforming the intergovernmental »society of states« into a cosmopolitan community of citizens …” „… ) constitute a new legal order with legal primacy over that of the member states; (2) create new legal …”

Petros C. Mavroidis It’s alright ma, I’m only bleeding (A comment on the Fedon jurisprudence of the Court of First Instance) S. 548-558

„… the injured state imposes trade harm on the author of the illegal act3. The arbitrators revised the …” „… ) authorized the United States to impose countermeasures of 191,4 million dollars against products originating …” „… in the European Community. The United States included in the list of products the concessions on …”

doi.org/10.5771/9783845204802

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