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Yota Negishi - Conventionality Control of Domestic Law

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Yota Negishi

Conventionality Control of Domestic Law

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 312 2022

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Chapter 2 International Distribution of Conventionality Control Powers S. 71-104

„… Chapter 2 International Distribution of Conventionality Control Powers The second aspect of the …” „… centralisation and decentralisation of conventionality control powers, depending on the effectiveness of human …” „… of pow- Chapter 2 International Distribution of Conventionality Control Powers 72 Relationship …”

Chapter 2 Domestic Distribution of Conventionality Control Powers S. 155-194

„… Chapter 2 Domestic Distribution of Conventionality Control Powers The IACtHR has dynamically …” „… . Chapter 2 Domestic Distribution of Conventionality Control Powers 158 competences from the Member States …” „… Distribution of Conventionality Control Powers 160 Power Distribution to Constitutional Courts Individual …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Prioritising Most Favourble Standards(ii) 66 International Distribution of Conventionality Control Powers …” „… International Centralisation and Decentralisation of Conventionality Control Powers 2. 87 Centralising …” „… Humancentrism A. 202 Uni/Diversified Parameters and De/Centralised Powers of Conventionality Control B. 205 …”

2. Research Materials and Frameworks S. 28-38

„… parameters (Chapter 1) and powers (Chapter 2) of conventionality control in relation to the …” „… powers allocated to each organ to achieve conventionality control. To explain the allocation of …” „… Conventionality Control Powers Part I Constitutionalisation of International Adjudication Interpretation of …”

Conclusion S. 195-208

„… allocation of conventionality control powers can also be centralised and decentralised depending upon the …” „… parameters International distribution of conventionality control powers Section 2-A …” „… distribution of conventionality control powers Section 2-A Unification-Centralisation Unifying regional and …”

Literature S. 225-252

„… Control of Domestic ‘Abuse of Power’ Influencing Human Rights and Democracy’ (2016) 26 Italian Yearbook of …” „… , Yota, ‘Distribution of Powers for the Conventionality Control of Domestic Law between Constitutional …” „… 119–138 Christoffersen, Jonas, ‘Individual and Constitutional Justice: Can the Power Balance of …”

Chapter 1 Application of Conventionality Control Parameters S. 105-154

„… Control Parameters The first aspect of the internationalisation of constitutional adjudication is that …” „… coexistence of conventionality control and constitutionality control. Quoting the IACtHR’s expression of this …” „… Application of Conventionality Control Parameters 108 legal order (Section 2-A), and the defensive function as …”

Chapter 1 Interpretation of Conventionality Control Parameters S. 39-70

„… Control Parameters The first aspect of the constitutionalisation of international adjudication is that …” „… Law (Oxford University Press 2015) 3–33, 3–4. Chapter 1 Interpretation of Conventionality Control …” „… Conventionality Control Parameters 44 the conflict of interpretación extensiva versus el consentimiento del Estad …”

Council of Europe S. 210-213

„… Freedoms, amending the control system of the Convention, 13 May 2004 Bibliography 213 …” „… Thόr Björgvinsson, Nicolaou, Sajό, Lazarova Trajkovska, Power-Forde, Vučinić and Pinto de Albuquerque …” „… , Lazarova Trajkovska, Power-Forde, Vučinić and Pinto de Albuquerque) Baralija v Bosnia and Herzegovina …”

1. Research Problems S. 17-27

„… the attainment of political power in too many states.7 As a result, widespread and grave violations of …” „… ] legal systems’.20 Conventionality Control of Domestic Law This monograph’s main topic, the doctrine of …” „… conventionality control of domestic law, indeed emerged to restore the unconventional defections of domestic legal …”

doi.org/10.5771/9783748929833

Emir Suljagic - Ethnic Cleansing: Politics, Policy, Violence

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Emir Suljagic

Ethnic Cleansing: Politics, Policy, Violence

Series: Demokratie, Sicherheit, Frieden

Volume 199 2010

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Crisis Staffs in Power: Complete Control of All Aspects of Life S. 215-219

„… Power: Complete Control of All Aspects of Life Once in power, Crisis Staffs promptly took measures to …” „… manner, explaining in the process how SDS BiH came into possession rather than control of the nascent …” „… . Likewise, among the first steps of Sanski Most Crisis Staff was to take control of the local economy by …”

Crisis Staffs: Legal and Political Background S. 198-209

„… is the takeover of power and establishment of complete political, economic and military control over …” „… level, with extraordinary powers to control and direct almost all aspects of life. The amount of …” „… ethnic cleansing hinges on whether the power-holders manage to convince substantial segments of the …”

Nationalism as a Form of Politics S. 20-26

„… and in this order: a. Take-over of power, not dissimilar from a revolution albeit on a small scale …” „… its own; 2. If such a people controls a state of its own, it has the collective right to exclude or …” „… subordinate members of other populations with respect to the territory and benefits under control of that …”

One State, One Camp-Network S. 151-163

„… dealing with the issue of camps as well.) In addition, what sets camps apart is the 153total control the …” „… that with the exception of several camps which have been operated by military organizations as POW …” „… Besides offering a unique insight into the power of denial and the mind of one of the individuals …”

Co-optation of the Movement: The Party Shows the Way S. 64-71

„… would make it possible for it to assume political control of Kosovo, Novi Sad protests for the first …” „… obvious that the Ottoman Empire would have to leave the Balkans leaving a power-vacuum in the territories …” „… 64Serbian so-called orientalists179 contributed to further re-enforcement of social boundaries …”

Establishing Political Domination S. 112-120

„… the moment when the perpetrators assume political control over a state, part of state or proto-state …” „… moment the Serbs assumed political control of areas in question. The length of the process is dependent …” „… control. Serbia has used both Yugoslav state resources and the general lack of interest for Kosovo in the …”

Crisis Staffs: Mandate and Powers S. 209-215

„… state and society in the process. 8.3. Crisis Staffs in Power: Complete Control of All Aspects of Life …” „… 2098.2. Crisis Staffs: Mandate and Powers This section will deal with the question of the mandate …” „… and elaborate the kind of power and resources concentrated in the Crisis Staff. It will begin by …”

Deportation/Resettlement – differentia specifica of Ethnic Cleansing S. 104-112

„… state-resources, but rather after one of them takes control of state resources. As far as the Serb campaign of …” „… elites. By extension political, economic and military control is the cornerstone of the process of …” „… popular opinion that violence is unleashed by groups operating outside the control of government. In …”

Nationalism Meets Contention S. 26-30

„… desire on the part of an ethnic or territorially based group to gain more direct control over or access …” „… social location within the community in question – involves issues of power and legitimacy.56 Nationalism …” „… attempt to explain “changes in the institutional structure or informal power relations of a …”

Yugoslavia into Serbia S. 76-90

„… hell with them...! ?osi?: That is why we have to have some control (...) Miloševi?: [Primeminister of …” „… conceptualized violent means of securing Serbian dominance and control over Kosovo as early as 1991. It proposed …” „… control of federal political structures, most notably the Presidency of the Socialist Federative Republic …”

Ethnic Cleansing in Retrospect and Some Conclusions S. 259-266

„… in practical terms the elements of ethnic cleansing are the following: a. take-over of power, not …” „… coup d’état or violent takeover of power and appropriation of state resources, concentration of the …” „… . What followed was action on two fronts: appropriation of control over state resources or resources over …”

Alternative Approach: Ethnic Cleansing as Function of State-building and State-Consolidation Policies S. 11-20

„… territory of the province of Kosovo in an effort to ensure continued Serbian control over the province”5 …” „… ’ nationality, ethnic or religious group and to seize control of the territory they had formerly inhabited”13 …” „… , impersonal power, public bureaucracy, authority/legitimacy and citizenship25. Below the concept of an …”

Bosnia and Herzegovina S. 127-129

„… in one large convoy in the direction of Lipovac, under the control of the Croatian Government …” „… plan in motion on June 26, 1992. “I was told by them that they had no more power to control all those …” „… political and military control of one of the Serb proto-states RSK and RS – sent a letter to the UN-PROFOR …”

Croatia S. 125-127

„… residents of Ilok left their homes in one large convoy in the direction of Lipovac, under the control of the …” „… were under political and military control of one of the Serb proto-states RSK and RS – sent a letter to …” „… ? from362 military service, Police Department permission for the entire family to move out of the …”

Intelligentsia Responds S. 52-64

„… trigger of looming powers struggles”. While it may be true to a certain extent, it seems to seriously …” „… of the autonomy, Albanian Communist elites were certainly stronger in asserting control over the …” „… 56Stamboli? arrived at Kosovo Polje – in what was a damage control exercise following the arrest of …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Staffs in Power: Complete Control of All Aspects of Life 215 8.4. Crisis Staffs and Ethnic Cleansing 219 …” „… dem Institut für Friedensforschung und Sicherheitspolitik an der Universität HamburgA publication of …” „… the Institute for Peace Research and Security Policy at the University of HamburgEmir Suljagi?Ethnic …”

Ethnic Cleansing as Policy: Yugoslavia into a Common Serb State S. 31-34

„… clearly delineated social boundaries, some form of struggle for power between social categories, and draws …” „… implementation of the policy. While it is a fact that control of state resources is – and in this case, was – of …” „… of struggle for the control of government and/or state, it is inevitably about state control and …”

Kosovo: Yugoslav Failure and Serbian Challenges S. 42-52

„… latter was and is newspaper of the Serbian Government – regardless of who is in power – whereas NIN, a …” „… devolution of power from the center to the periphery and re-definition of Yugoslavia as a “community of …” „… 44some, mainly symbolic, powers from the Federation to the republics. The next set of 23 amendments …”

Heavenly Choice: Economic Ruin or Death S. 123-125

„… process was highly regulated: a number of municipalities in Bosnia and Herzegovina under Serb control …” „… strived to create some kind of throwback to feudalism is of little relevance, except to the extent that …” „… his words seemed to correspond to the second-class existence of non-Serbs in what was to be the future …”

General conditions S. 163-165

„… prosperous control of the territory in question – in explaining what only seems to be contradictory. The …” „… of some Bosniaks, thousands perhaps even tens of thousands transited Serbia on their way to other …” „… countries, mostly in Western Europe, without interference from the Miloševi? regime. Careful analysis of the …”

Murder They Wrote S. 138-145

„… destroy evidence of, especially when operating under a watchful eye of NATO air-power which certainly had …” „… control of the area, but some of the enemy troops have escaped into the surrounding mountains. A …” „… , Department for Intelligence and Security Affairs, Selection of prisoners in the Manja?a POW Camp, Strictly …”

Bibliography S. 269-294

„… Security Affairs, Selection of prisoners in the Manja?a POW Camp, Strictly Confidential, No. 21-50, 6 …” „… 1991, Šid; List of Camps and Detention Facilities in Bosnia and Herzegovina - camps under Serb control …” „… Bašta State Border Crossing Control, Dispatch, No. 28-264, 23 July 1995; Ministry of Interior, Police …”

Crisis Staffs and Ethnic Cleansing S. 219-227

„… complete control as to be able to decide on fates of entire groups of people? The answer is simple, as …” „… 219and local media outlets and the place of Crisis Staffs in the framework of ethnic cleansing than …” „… a letter of Bosanski Petrovac Crisis Staff addressed to the local radio in relation to the content …”

Destruction of Documents, Revisionism and Denial S. 192-197

„… its defensive power, interest of the army service and sustaining moral of war of the Yugoslav Army as …” „… police inspector to collect scattered bodies and place them in the shovel of the excavator which appeared …” „… : “He said, first of all, that they needed to be buried and that foreign monitors were expected, so that …”

Murder of Opportunity: Vae victis S. 132-138

„… control of the town of Vukovar in Eastern Slavonia (Croatia) after months of brutal and inhuman siege …” „… eye of NATO air-power which certainly had the ability to monitor the movements and activities of Serb …” „… 1325. Murder as Part of Ethnic Cleansing – Attack on Co-existence, Past and Future The question …”

Historical Background: Yugoslav Crisis and Serb Agenda S. 34-38

„… illegitimate. Because ethnic cleansing usually takes place in the context of struggle for the control of …” „… government and/or state, it is inevitably about state control and mobilization of governmental and societal …” „… resources and assumes control of the movement. It is essentially a trade-off between the movement and the …”

doi.org/10.5771/9783845226156

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Thomas Wiegand

China's Naval Build-Up

Series: Nomos Universitätsschriften - Politik

Volume 139 2007

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Control of the seas and national power – Alfred T. Mahan S. 30-33

„… 304. The oceans and the security of states4.1. Control of the seas and national power – Alfred T …” „… integral part of maritime power.In addition to a fleet, German-language literature in particular emphasizes …” „… powers.When Mahan drew up his principles of the development of naval forces, hecould draw on Great Britain …”

Washington's strategic interests and the oceans S. 121-124

„… Beijing from achievingits strategic goal of creating a powerful economy to underpin the absolute powerof …” „… existence a Chinese deepsea navy will impinge upon the power interests of other states.The real problem with …” „… defending the coastal waters ofthe United States. The next priority is to gain and maintain control of the …”

Japan's existential dependence on sea routes S. 124-130

„… 124absolute control of the world's seas. According to the logic of the US naval doctrine, gaining …” „… and maintaining control of the seas is the vital function of its navalforces.The construction of a …” „… undisputed control of theseas and take appropriate steps to bolster its own forces. An arms race betweenthe …”

Bilateral relations and points of conflicts S. 95-112

„… of China: the ability to exist and act on theinternational stage as a major power independent of the …” „… greater democracy, which involved a loss of power for the party, could effectively be prevented by force …” „… Union in 1991.In his standard work, The Rise and Fall of the Great Powers, Paul Kennedy devotes a …”

The elements of naval power – Sergei G. Gorshkov S. 35-36

„… naval powers.In his view, the importance of the seas for military operations cannot be overestimated …” „… .954.3. The elements of naval power – Sergei G. GorshkovSergei Gorshkow's definition of naval power is …” „… bookon naval power in which he defines naval power as the ability of a state to use theoceans in a …”

The functions of naval forces – Dieter Mahncke and Hans-Peter Schwarz S. 33-35

„… crucial component of theforces of the nuclear powers.In addition, the value of marine units has grown …” „… Hans-Peter SchwarzIn their standard work on the building and use of naval power published in 1974,Dieter …” „… Wegener, naval power is the immediate prerequisite for the exercise of maritime supremacy. By this he …”

The development of international maritime law S. 64-69

„… whichvarious foreign powers are competing for influence, and above all that the reserves of oil and natural gas …” „… cover the continental shelf off thecountry's coast. The reason for this measure was to gain control of …” „… maritime powers such as the United States initially resisted a revision of maritime law because they feared …”

The break with the USSR and cooperation with the USA S. 84-95

„… with the western powers shortly after the end of World War II he delivered China, as it were, to …” „… sides of the Ussuri River. It is impossible to saywith any certainty which of the two communist powers …” „… between the former allies presented the USA with a uniqueopportunity to shift the global balance of power …”

Structure of this study S. 12-15

„… power of the People's Republic ofChina provides a particularly clear demonstration of the problems …” „… importance that theexploitation and control of the high seas can play in the economic wealth and po-8 Thomas …” „… 1976.14litical power of states was developed by Alfred T. Mahan, a US naval officer, atthe end of the …”

The People's Republic of China and the international environment S. 78-79

„… effective basis of the state's absolutepolitical and military power and, therefore, the precondition for the …” „… survival of thenation as a whole and the Chinese Communist Party's absolute control of thecountry.Part Four …” „… powers, which an existential danger tothe security of the nation.China's relations with the United States …”

Economic restructuring and its causes S. 50-56

„… , so as to transform China into a modernand power socialist state.170 He continued that the policies of …” „… he was concerned economicperformance was the foundation of political power and, hence, the security …” „… of media representatives in 1971 that there were just five centres of economic powers in the world …”

Titelei/Inhaltsverzeichnis S. 2-10

„… – Robert Jervis 244. The oceans and the security of states 304.1. Control of the seas and national power …” „… motivation for the study 112. Structure of this study 12I. Theoretical principles 161. Power as a factor in …” „… elements of naval power – Sergei G. Gorshkov 35II. The Chinese navy 371. The history of the navy of the …”

Military strategy S. 46-49

„… maintain control of conquered areas. After that the enemywas drawn into a lengthy war of attrition that …” „… the prestige and power of the land forces that couldhave enabled it to fulfil functions beyond coastal …” „… construction of aircraftcarriers to give the navy the capacity to display its power far from Chinese …”

The history of the navy of the People's Republic of China S. 37-39

„… systems.117With Deng Xiaoping's return to power at the end of the 1970s, Beijing's endeavours to …” „… and major installations as well as ensuring control of the skies above a theatre of war.The fifth arm …” „… 37II. The Chinese navy1. The history of the navy of the People's Republic of ChinaPart One dealt …”

The political approach – Robert Jervis S. 24-30

„… environment against the backdrop of their experiences of howthey took political power. People like Joseph …” „… against them thatthey themselves had used to gain power. Jervis shows how this assessment of …” „… of power and was trying to preserve it.A third factor that substantially influences the lessons …”

The command structure and dispositioning of naval forces S. 39-41

„… ships and or enemy ports and major installations as well as ensuring control of the skies above a …” „… command structure and dispositioning of naval forcesSupreme commanding body of the People's Liberation …” „… Army is the Military Commission of the Central Committee of the Chinese Communist Party. The ministryof …”

Ships and weapons systems S. 41-46

„… troops too few to simultaneously attack CCP troops and maintain control of conquered areas. After that …” „… navy has five nuclear-powered Han-class attack submarines. The construction of these ships goes back to …” „… 413. Ships and weapons systemsThis chapter deals with the fighting capabilities of the Chinese navy …”

doi.org/10.5771/9783845200668

Stanley Rothman, April Kelly-Woessner, Matthew Woessner - The Still Divided Academy

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Stanley Rothman, April Kelly-Woessner, Matthew Woessner

The Still Divided Academy

2010

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Chapter Three: Perceptions of Power and Control in the American University S. 41-62

doi.org/10.5771/9781442208087

Thomas Dreier, Tiziana Andina - Digital Ethics

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Thomas Dreier (ed.), Tiziana Andina (ed.)

Digital Ethics

Series: Bild und Recht - Studien zur Regulierung des Visuellen

Volume 11 2022

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Thomas Dreier Chapter 17 The Deontic Power of the Internet – Access Controls and the Obsolescence of Legal Norms S. 297-322

„… Chapter 17The Deontic Power of the Internet – Access Controls and the Obsolescence of Legal …” „… catchword of “code as law”.3 The second effect is what I term the deontic power of technology. In other …” „… application of technical protection measures to control access and prevent unauthorized copying of …”

Eberhard Ortland Chapter 18 Algorithmic Censorship of Online Visual Content – Ethical, Political, and Economic Rationales S. 323-334

„… multi-layered political, sectarian and corporate powers.II.1 Ortland (2018) 129.Eberhard Ortland324Of course, it …” „… agencies are legally entitled or even obliged to control and restrict the public circulation of certain …” „… Moral Rights – Strengthening Authors’ Control Over Online Expressions Through the Right of Respect and …”

Thomas Dreier, Tiziana Andina Chapter 1 Images, Technology, Ethics and Law – An Intricate Relationship S. 11-36

„… control over images, of external view and of self-representation both in individual cases and in society.3 …” „… platforms, the design of filtering technologies and technical access controls exemplify this important issue …” „… answers are influenced by the configuration of the storage devices. Particularly access controls, the …”

Maurizio Ferraris Chapter 5 Who Cares About Privacy? – The Documedia Surplus Value S. 81-100

„… what artificial intelligence is. Instead of focusing on automata usurping control and stealing our jobs …” „… purchase informs us, and additionally others about us. The power of Google or Amazon lies in an innovative …” „… those who control the means of production control the ideas? The answer is no: behind such nonsense …”

Wybo Houkes Chapter 16 A Face in the Cloud? – Identifying Moral Issues and Constraints in Cloud-Based Image Storage S. 273-296

„… self-expression. As such, it is important to have a large measure of control over which images may and may not be …” „… . Other than contemporary events that go by the same name (e.g., in PowerPoint), these involved mechanical …” „… relatively low subscription fees (or partly/initially free of charge), is a very powerful growth engine for …”

Lisa Käde Chapter 19 The Issue of the Image of Algorithms S. 335-354

„… system that evolved to a point at which humans could no longer control its actions. Most of the time we …” „… also avoid what we do not understand. A lack of understanding suggests a lack of control. And we don’t …” „… like being out of control, it makes us feel helpless and fear sets in. Even though not all uses of …”

Massimo Leone Chapter 11 Semioethics of the Visual Fake S. 187-206

„… has an advantage. It helps contextualize and therefore, relativize the power of images. It underlines …” „… power, in many cases, works exactly like it worked in the perspective of 16th-century Jesuit paintings …” „… persistence of their phenomenological power and the impact of new technology of visual representation in …”

Titelei/Inhaltsverzeichnis S. 1-8

„… StorageChapter 16273Wybo HoukesThe Deontic Power of the Internet – Access Controls and the Obsolescence of Legal …” „… Digital EthicsThomas Dreier | Tiziana Andina (Eds.)The issue of imagesBild und Recht – Studien zur …” „… | Tiziana Andina (Eds.)Digital EthicsThe issue of imagesThe Deutsche Nationalbibliothek lists this …”

Christophe Geiger Chapter 21 Contemporary Art on Trial – The Fundamental Right to Free Artistic Expression and the Regulation of the Use of Images by Copyright Law S. 387-416

„… became an essential tool to reflect on the control of images and on the role that copyright itself plays …” „… dominance in the market, capitalization, and control of images on the Internet” and in order to do so, the …” „… : narrow interpretation of exceptions and internal control by fundamental rightsBefore discussing the …”

Johannes Eichenhofer Chapter 20 The Constitutional Protection of Images S. 357-386

„… shifted the “balance of power” between privacy or protection of personality and communication freedoms.One …” „… Part 6Ethics and Fundamental RightsChapter 20The Constitutional Protection of ImagesJohannes …” „… EichenhoferPreliminariesWhat “images” are we talking about?Talking on an abstract level about the constitutional protection of …”

Eva-Maria Bauer Chapter 8 Fairness Aspects of Techniques of Referencing Cultures S. 137-158

„… communication, why should the creator of the image still be allowed to control its use? If the creator uploads …” „… Chapter 8Fairness Aspects of Techniques of Referencing CulturesEva-Maria Bauer1Referencing as a …” „… Cultural PhenomenonToday, images gain their power and prominence through mass reproduction on social …”

Gianmaria Ajani Chapter 15 Human Authorship and Art Created by Artificial Intelligence – Where Do We Stand? S. 253-270

„… of intellectual labour” that “are founded in the creative powers of the mind.” Within the European …” „… Ajani“We must expect great innovations to transform the entire technique of the arts, thereby affecting …” „… artistic invention itself and perhaps even bringing about an amazing change in our very notion of art”.1 …”

doi.org/10.5771/9783748934011

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