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Julia Iliopoulos-Strangas, Stanislaw Biernat, Michael Potacs - Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

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Julia Iliopoulos-Strangas (ed.), Stanislaw Biernat (ed.), Michael Potacs (ed.)

Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

Series: Societas Iuris Publici Europaei (SIPE)

Volume 9 2014

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Antonio Lazari State Liability in Comparative and European Union Law S. 123-144

„… individuals. State liability was thus reduced to the official'spersonal liability.Such solutions should not …” „… legislation to exempt public administration from liability.With the political transition from a liberal State …” „… this.Antonio Lazari129The French model of State liability: From subjective liability to strict liability“Le …”

Monika Kawczy?ska Concurrent Liability of the European Union and the Member States S. 73-92

„… Concurrent Liability of the European Union and the Member States …” „… Monika Kawczy?ska*IntroductionConcurrent liability of the European Union and its Member States is the most difficult problem in the field …” „… brought before the court of that state.The attribution of an unlawful actIn cases of concurrent liability …”

Nina Pó?torak State Liability in EU Law – Have the Member States Learnt anything in 20 Years after “Francovich”? S. 181-194

„… ruling caused a stormy discussion about a State’s liability,boundaries of the judicial activism of the …” „… standard was treated as an additional justificationof the Polish rule limiting State liability.In that …” „… liabilityof the Member States and allowing to a certain degree for the liability for the normative and …”

Titelei/Inhaltsverzeichnis S. 1-20

„… to the influence of EU law. The state liability for legislative acts or forlawful acts, for instance …” „… , and Brasserie du Pêcheur andFactortame, Köbler etc. As is well known, the principle of state liability …” „… EU law, but the enforcement of state liability is carried out by each MemberState.On the other hand …”

Verantwortung des Verfassungsstaates und der Europäischen Union: Formen und Rechtsgrundlagen/Responsibility of the Constitutional State and the European Union: Forms and Legal Foundations/La responsabilité de l'État constitutionnel et de l'Union européenne : Formes et fondements juridiques S. 97-114

„… .Responsabilités et contrôle de l'État constitutionnel et de l'Union européenne100tonio Lazari (State Liability In …” „… , plusieurs contextes),par Nina Pó?torak (State Liability In EU Law – Have The Member States LearntAnything In …” „… aurait-il choisi d’intituler son sujet « Political Responsibility and LegalLiability of Cabinet Members » ou …”

Luc F.M. Verhey Accountability: Different Concepts and Practical Implications S. 115-122

„… states of the European Union as well in the EuropeanUnion itself governors are hold accountable for their …” „… asylum seeker, committed suicide in aDutch prison, the State Secretary of Justice had a hard time in …” „… colleagues from eleven Member States.3 I will say something about the concept as such, about the two basic …”

Erkki J. Hollo Staatshaftung im finnischen und schwedischen Recht S. 145-156

„… . Theprovisions in chapter 2 apply to the liability for damages towards the state fordamage to or loss of …” „… , Svenska statens skadeståndsansvar, Luleå, 2005.Staatshaftung im finnischen und schwedischen Recht150Diese …” „… international law[...], no State has the right to use or to permitthe use of its territory in such a manner as …”

Ji?í Zemánek Reinforced Responsibility and Accountability in a Democracy-Based EMU-Governance S. 167-170

„… crises.States´ liability would be limited, since the EU own resources will be linked toeconomic activities that …” „… role of states in economic governance.Another political scientist, Czech philosopher Václav B?lohradský …” „… decision-making is locked in the national state, whilea number of topics calling urgently for a supranational …”

Robert Rebhahn Finanzkrise und Staatshaftung S. 231-242

„… liability of Member States forBreach of Community Law“, in: KOZIOL / SCHULZE (Hrsg.), Tort Law of the …” „… DIJKSTRA, „Liability of Financial Supervisory Authorities in the European Union“,Journal of European Tort …” „… Law, 2012/3, S. 346-377; Donal NOLAN, „The Liability of FinancialSupervisory Authorities“, Journal of …”

Zweite Sitzung – Second Session – Deuxième Séance S. 171

„… RechtsfolgenLiability of the Constitutional State and the European Union:Forms, Control Mechanisms and Legal …”

Marten Breuer Die Funktion der Staatshaftung nach Unionsrecht und EMRK im Vergleich S. 203-228

„… einer begrifflichen Präzisierung. Denn dem, was im Unionsrecht als „Staatshaftung“ (state liability …” „… “ (state responsibility).1 Im Vergleich zur Staatshaftung erweist sich die Staatenverantwortlichkeit als …” „… , „TheRole of Discretion in EC Law on Non-Contractual Liability“, Common Market Law Review, 42/2005, S. 677 …”

Attila Vincze Der Einfluss des Europarechts auf die Haftung für legislatives Unrecht aus rechtsvergleichender Sicht S. 21-50

„… in Austrian State Liability Law under the Influence of European Law“, EuropeanPublic Law, 2013, S. 51 …” „… introduce public law concepts as to the validity of a decision into the questionof liability at common law …” „… ?eskoslovenské republiky.82 § 92 Pokud stát ru?í za škodu zp?sobenou nezákonným výkonem ve?ejné moci, ur?uje …”

Maria Lucia Amaral responsabilité de l’État du fait des lois : une seule expression, plusieurs contextes S. 171-180

„… RechtsfolgenLiability of the Constitutional State and the European Union:Forms, Control Mechanisms and Legal …”

doi.org/10.5771/9783845259314

Norbert Pelzer - Europäisches Atomhaftungsrecht im Umbruch

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Norbert Pelzer (ed.)

Europäisches Atomhaftungsrecht im Umbruch

2010

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Patrick Reyners Liability Problems Associated with the Current Patchwork Nuclear Liability Regime within the EU Member States S. 93-104

„… with the Current Patchwork Nuclear Liability Regime within the EU States I. INTRODUCTION In the early …” „… used to criticize the state of the nuclear liability in Europe. A patchwork is literally defined as …” „… international nuclear liability regime, particularly but not exclusively among the Member States of the …”

Ulrich Magnus Jurisdiction and Enforcement of Judgements under the Current Nuclear Liability Regimes within the EU Member States S. 105-122

„… of Judgments under the Current Nuclear Liability Regimes within the EU Member States I …” „… liability is to be respected within the territory of the other Convention. Victims in a Paris State must …” „… also thrown on state immunity in the context of nuclear liability. The defence of state immunity …”

Vanda Lamm The Unification of Nuclear Liability Law within the EU Member States from the Viewpoint of a Party to the Vienna Convention S. 213-220

„… , Budapest The Unification of Nuclear Liability Law within the EU Member States from the Viewpoint of a …” „… installations in the State parties to the nuclear liability conventions should be similar to the greatest …” „… liability conventions, since under Para.1 of Article 18 a State possessing a civil nuclear power plant on …”

Vlad Chiripus Romania’s Role in a Future Unified European Nuclear Liability Regime – Problems and Possible Conflicts S. 235-250

„… state with an unlimited liability regime may participate in the scheme established by the Convention …” „… installation State, the liability of the operator is covered by financial security – meanwhile national laws …” „… corresponding to his liability and only if such security is insufficient the installation State is obliged to …”

Florence Touitou-Durand The Convention on Supplementary Compensation for Nuclear Damage: A Solution for Europe? S. 257-274

„… States were prepared to amend their national leg- 1 Convention on Third Party Liability in the Field of …” „… applicable civil liability convention or, in the case of an «Annex State», on the scope of the Annex. There …” „… to the Installation State: it can limit the operator’s liability to not less than, either 300 …”

Julia A. Schwartz Great Expectations: Where Do We Stand with the Revised Nuclear Liability Conventions? S. 41-68

„… ; states may fix a 5 million SDRs17 minimum liability amount for low risk installations or activi- 11 The …” „… liability amount at only 100 million SDRs,19 or even less if the state makes up the difference. In essence …” „… state participation in that liability. Other Vienna Convention States may view the extended …”

Evelyne Ameye Legal Study on Nuclear Third Party Liability for DG TREN of the European Commission S. 145-156

„… which alternative financing methods for nuclear third party liability involving state intervention could …” „… Experts on Nuclear Third Party Liability from all EU Member States would be a useful tool to ensure …” „… Atomhaftungsrechts innerhalb der EU-Mitgliedsstaaten« »The EU Initiative to Harmonise Nuclear Liability Law within …”

Eliana Danzi Some Reflections on the Exclusion of Nuclear Damage from the Scope of Application of the Environmental Liability Directive S. 191-212

„… objectives of environmental liability in the White Paper, which states that »if liability is added to …” „… the Environmental Liability Directive* 1. INTRODUCTION 2. DEFINING ENVIRONMENTAL LIABILITY FOR …” „… CROSS-BORDER NUCLEAR DAMAGE 2.1 The Conventions on Civil Liability for Nuclear Damage and the Challenge of …”

Jakub Handrlica Diskussionsbericht / Report of Discussion S. 275-282

„… Unification of Nuclear Liability Law within the EU Member States from the Viewpoint of a Party of the Vienna …” „… Union initiative regarding nuclear liability is created by those member states that are not party to …” „… Austrian approach regarding nuclear liability. Given the fact that a number of neighbouring states are not …”

Régis Mahieu The Impact of the New Nuclear Liability Regime on Nuclear Transport S. 87-92

„… EUR in Paris Convention and 300 million SDR in the Vienna Convention. The liability of the State …” „… 87 Régis Mahieu, World Nuclear Transport Institute, London The Impact of the New Nuclear Liability …” „… regulations that form part of this inter-locking regulatory regime. Regarding nuclear civil liability (NCL …”

Stanley D. Berger Update on Canadian Nuclear Liability and the Themes for Nuclear Inter Jura 200 Grußansprache des Präsidenten der AIDN/INLA S. 23-30

„… ) adequacy of the liability limit compared to that in the United States and internationally; 1 Second …” „… liability regime, it is modelled on the European Conventions. That is to say unlike the United States …” „… Nuclear Energy provides that the receiving or sending party of a contracting state assumes the liability …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Associated with the Current Patchwork Nuclear Liability Regime within the EU Member States Patrick Reyners …” „… Unification of Nuclear Liability Law within the EU Member States from the Viewpoint of a Party to the Vienna …” „… Europäisches Atomhaftungsrecht im Umbruch Norbert Pelzer (Hrsg.) European Nuclear Liability Law in …”

Fabrizio Iaccarino Recent Developments and Aspects of Nuclear Liability Law in Italy S. 69-74

„… Liability Law in Italy Some history In 1987, after Chernobyl’s accident, the Italian Government decided to …” „… having heard the advice of the Unified Conference of State, Regions and local authorities and of the …” „… in the past 10 years by the Nuclear Safety Agencies of countries that are NEA-OECD member states …”

Roh Hathlia The 2004 Paris Convention – The Issue of Third Party Nuclear Liability Insurance and a Methodology for Calculating the Premium for Environmental Heads of Damages: A UK Perspective S. 75-86

„… Issue of Third Party Nuclear Liability Insurance and a Methodology for Calculating the Premium for …” „… liability to damage or loss to property or personal injury for the first ten years; • limits the operator’s …” „… liability to £140m per nuclear event; and • requires government to provide additional public funds to cover …”

doi.org/10.5771/9783845222578

Felix Beck - Self-Spreading Biotechnology and International Law

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Felix Beck

Self-Spreading Biotechnology and International Law

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 316 2022

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Chapter 10: Strict State Liability for Transboundary Harm? S. 595-616

„… Chapter 10:Strict State Liability for Transboundary Harm?The preceding chapters have shown that a …” „… idea of ‘strict state liability’, i.e. an obligation of states to compensate for transboundary harm …” „… underlying the concept of subsidiary state liability for hazardous activities 1 See chapter 9.2 See chapter …”

Chapter 2: Concepts and Terms Relevant to Transboundary Harm Caused by Biotechnology S. 107-128

„… : State or Operator Liability?According to the so-called ‘polluter-pays principle’, the costs of pollution …” „… ‘polluter-pays’ principle, although it is questionable whether liability should be imposed on states or on …” „… N.L.J.T. Horbach, The Confusion About State Responsibility and International Liability, 4 (1991) Leiden J …”

Chapter 6: The Nagoya – Kuala Lumpur Supplementary Protocol on Redress and Liability S. 367-460

„… . United States, Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund …” „… biosafety and liability for LMO-related damage.27 This seems to reflect a general reluctance of states to …” „… always be subject to domestic liability provisions established by states parties to the Supplementary …”

Chapter 8: A Customary Obligation to Ensure Prompt and Adequate Compensation for Transboundary Damage? S. 477-492

„… Due to the persistent controversy over the role of state liability,4 the ILC decided in 1997 to treat …” „… Interference and the Origin of State Liability (1996), 229–299.2 ILC, Draft Principles on the Allocation of …” „… operator liability and, therefore, complement the law of state responsibility (E.). In conclusion, it is …”

Titelei/Inhaltsverzeichnis S. 1-44

„… ‘Liability’C. 112The ‘Polluter-Pays’ Principle: State or Operator Liability?D. 114Standards of Liability …” „… Liability of StatesPart Four: 493State Responsibility for Transboundary Harm Caused by BiotechnologyChapter …” „… 9:495Strict State Liability for Transboundary Harm?Chapter 10: 595Compensation for Environmental Damage …”

Chapter 7: A Private Liability Scheme: The ‘Biodiversity Compact’ S. 461-476

„… considerable leeway to states for domestic implementation.The Compact channels liability to a clearly …” „… arbitration mechanism provides a state with the means to enforce liability even when the responsible member is …” „… observers. Considering the difficulties of states to reach an agreement on liability, it has been observed …”

Summary of Results S. 671-688

„… international law, their liability must usually be implemented by states. This may pose obstacles in a …” „… be an inherent necessity of the ‘administrative liability’ approach to grant states a certain margin …” „… ’ has assets in the affected state that can be seized to enforce liability, and in the absence of other …”

Concluding Remarks S. 665-670

„… Environmental Interference and the Origin of State Liability (1996), 230.Concluding Remarks669or omissions …” „… customary rule of ‘strict state liability’. A notable exception can be seen in Article 25(2) of the …” „… pathway to redress. States persistently refuse to accept liability for transboundary harm caused by …”

Chapter 11: Compensation for Environmental Damage in International Law S. 617-664

„… and the Origin of State Liability (1996), 140.61 See., e.g., Antarctic Liability Annex (n. 6), Article …” „… liability law of the United States, namely in the regulations on natural resource damage assessments under …” „… identified potential sources of responsibility and liability for damage caused by applications of modern …”

Table of Treaties and Instruments S. 721-742

„… to the Antarctic Treaty: Liability Arising from Environmental Emergencies (14 June 2005; not yet in …” „… of Free Association (14 January 1986), US Public Law No. 99–239, 99 Stat. 1770, as amended by Public …” „… Law 108–188 of 17 December 2003, 117 Stat. 2720 (effective 30 June 2004), available at …”

Bibliography S. 743-808

„… Outer Space: Some Remarks on State Responsibility and Liability, in: Francesco Francioni/Tullio Scovazzi …” „… : https://btiscience.org/explore-bti/news/post/bti-receives-darpa-insect-allies-award-to-develop-viruses-and-insects-for-maize-improvement/ (last accessed 28 May 2022)Boyle, Alan E., State Responsibility and International Liability for …” „… ? The Liability Schemes for GMO Damage in the United States and the European Union, 22 (2000) Loyola of …”

Chapter 9: State Responsibility for Transboundary Harm Caused by Biotechnology S. 495-594

„… Part Four:Responsibility and Liability of StatesChapter 9:State Responsibility for Transboundary …” „… .), Internationales Umweltrecht (2017) 211, 217; also see Sayed M. M. Zeidan, State Responsibility and Liability for …” „… Interference and the Origin of State Liability (1996), 245. This was confirmed by German civil courts in an …”

Chapter 3: The Regulation of Biotechnology in International Law S. 131-246

„… Organization might considerably limit the liberty of states to restrict international trade of LMOs (C.). The …” „… primarily address the prevention of damage, but they are also relevant for questions relating to liability …” „… application of the Supplementary Protocol on Redress and Liability, which was developed to complement the …”

Chapter 4: Prevention of Transboundary Harm from Biotechnology Under Customary International Law S. 247-316

„… Environmental Interference and the Origin of State Liability (1996), 8–10; Hanqin Xue, Transboundary Damage in …” „… Protocol, an argument against the inclusion of provisions on liability was that the existing rules of state …” „… what D.217 Alan E. Boyle, State Responsibility and International Liability for Injurious Consequences …”

Chapter 5: The International Governance of Engineered Gene Drives S. 317-364

„… acknowledged by the states parties in CBD COP, Decision XIII/17. Synthetic Biology, UN Doc. CBD/COP/DEC/XIII/17 …” „… referred to Article 3 CBD, which enshrines the obligation of states to ensure that activities within their …” „… : / /www.synbiowatch.org/gene-drives/gene-drives-moratorium/?lores (last accessed 28 May 2022).A. The Development of COP Decision 14/19319on whether states should be …”

Chapter 1: The Emergence of Self-Spreading Biotechnology S. 47-106

„… ., New Plant Breeding Techniques: State-of-the-Art and Prospects for Commercial Development (2011), 19 …” „… to be both spatially self-limiting and reversible to the original genetic state, and might therefore …” „… . Engineered Gene Drives85Current State of DevelopmentWhile genetically modified insects were already released …”

doi.org/10.5771/9783748913528

Alexander Proelß - United Nations Convention on the Law of the Sea

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Alexander Proelß (ed.)

United Nations Convention on the Law of the Sea

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2017

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. Liability of States arising from enforcement measures S. 1562-1564

„… 9.1.580; Page size: 160.00mm 240.00mm Article 232 Liability of States arising from enforcement measures …” „… establishes the liability of States arising specifically from the exercise of the respective powers of …” „… ), OR IV, 210. Liability of States arising from enforcement measures 1–3 Art. 232 Becker-Weinberg 1561 …”

. Responsibility to ensure compliance and liability for damage S. 969-977

„… arrangements with those States.31 Article 139 Responsibility to ensure compliance and liability for damage 1 …” „… carry out its responsibilities under this Part shall entail liability; States Parties or international …” „… organizations acting together shall bear joint and several liability. A State Party shall not however be liable …”

. Responsibility and liability S. 1586-1592

„… Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their …” „… liability, incorporating the responsibility of States for breaches of their obligations resulting in damage …” „… States to develop further the law on responsibility and liability. Significantly, Art. 44 RSNT drew no …”

. Responsibility and liability S. 1750-1758

„… III (1976), OR V, 173, 183 (Section 5 Responsibility and Liability): ‘1. States and competent …” „… 9.1.580; Page size: 160.00mm 240.00mm there are no indications in the Convention, it is up to the State …” „… to other States. In the case of installations in the exclusive economic zone (EEZ) or on the …”

. Responsibility and liability for damage S. 1962-1969

„… regards to State craft. Article 304 Responsibility and liability for damage The provisions of this …” „… of State Responsibility (2010); Thomas Gehring/Markus Jachtenfuchs, Liability for Transboundary …” „… .), The Law of State Responsibility (2010). Responsibility and liability for damage 4–6 Art. 304 …”

. Responsibility and liability S. 2541-2545

„… a system of joint and several liability in case the international organization and its Member States …” „… its Member States (2001), 18–21. 23 The ILC has considered the Convention on International Liability …” „… for Damage Caused by Space Objects, where such a system of liability is provided in case State A …”

. Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline S. 786-789

„… States to use their municipal laws to establish liability in such cases. 3 The substance of Art. 114 also …” „… Questions may be raised as to whether such behaviour in a State which had ratified UNCLOS would be …” „… cables/pipelines. Art. 114 deals with liability to repair in cases where a submarine cable has been damaged. As …”

. Institution of civil proceedings S. 1553-1555

„… liability for a coastal State that makes no serious effort to cooperate with the flag State in the …” „… 9.1.580; Page size: 160.00mm 240.00mm with the duty to promptly inform the coastal State and provide …” „… instituted by another State would not ‘affect the institution of civil proceedings in respect of any claim …”

. Monetary penalties and the observance of recognized rights of the accused S. 1555-1558

„… 9.1.580; Page size: 160.00mm 240.00mm possibility of the concurrent liability of more than one person …” „… 1992 Protocol to amend the International Convention on Civil Liability for Oil Pollution Damage …” „… includes the possibility of claims based on liability for oil pollution damage being made only against the …”

. Liability for seizure without adequate grounds S. 754-756

„… pirated property. O’CONNELL suggests this is not reflective of historic State practice and national …” „… legislation.27 In any event, the ‘second sentence of article 105 implies that the courts of the State which …” „… conflict of laws.’28 Article 106 Liability for seizure without adequate grounds Where the seizure of a ship …”

. Notification to the flag State and other States concerned S. 1558-1562

„… Liability of States arising from enforcement measures States shall be liable for damage or loss attributable …” „… establishes the liability of States arising specifically from the exercise of the respective powers of …” „… ), OR IV, 210. Liability of States arising from enforcement measures 1–3 Art. 232 Becker-Weinberg 1561 …”

. Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline S. 789-792

„… obligation, Art. 115 requires that States adopt a specific regime of civil liability within their municipal …” „… 9.1.580; Page size: 160.00mm 240.00mm 3. Liability Limited to the Cost of Repairs 9 By its terms, Art …” „… . 114 requires the imposition of liability only with respect to the ‘cost of repairs’. This notion …”

. Suspension and restrictions on institution of proceedings S. 1548-1553

„… Part XV of UNCLOS. 8. Liability 26Considering the obligations on flag States in Art. 228, possible …” „… , there may also be liability for a coastal State that makes no serious effort to cooperate with the flag …” „… 9.1.580; Page size: 160.00mm 240.00mm 10The possibility established under the EC Directive on Port State …”

. Benefit of mankind S. 977-983

„… ) supplements this liability in further obliging States Parties to see to the international organization …” „… ; Page size: 160.00mm 240.00mm instructive in this matter: Both the sponsoring State’s and the …” „… contractor’s liability rely on an individual failure of the respective entity and the damage caused by this …”

. Settlement of disputes S. 2545-2551

„… a system of joint and several liability in case the international organization and its Member States …” „… its Member States (2001), 18–21. 23 The ILC has considered the Convention on International Liability …” „… for Damage Caused by Space Objects, where such a system of liability is provided in case State A …”

ANNEX III BASIC CONDITIONS OF PROSPECTING, EXPLORATION AND EXPLOITATION S. 2114-2276

„… (2015) Cases: ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …” „… Authority. Art. 137 (3) stipulates that no State or person, natural or juridical, shall claim, exercise or …” „… Seabed Authority. Another view, favoured by developed States, was for a mechanism securing the …”

. Jurisdiction of the Seabed Disputes Chamber S. 1255-1262

„… liability of a State Party relating to damage caused by its failure to carry out its responsibilities under …” „… person sponsored by a State Party […] where it is alleged that the Authority has incurred liability …” „… a State Party […] where it is alleged that the Authority has incurred liability […]’ 18Art. 187 (e …”

Index S. 2554-2619

„… et seq. – access by States 291 3 et seq. – Agreement for the Implementation of Provisions of the …” „… Highly Migratory Fish Stock 1995 (UN Fish Stocks Agreement) 291 7 – entities other than State Parties 291 …” „… 9 Activities in reserved areas Annex III 9 1 et seq. – developing States Annex III 9 15 et seq. and …”

. General conduct of States in relation to the Area S. 965-969

„… arrangements with those States.31 Article 139 Responsibility to ensure compliance and liability for damage 1 …” „… carry out its responsibilities under this Part shall entail liability; States Parties or international …” „… organizations acting together shall bear joint and several liability. A State Party shall not however be liable …”

. Identification markings and warning signals S. 1747-1750

„… exploitation of resources. 6 In the case of deployment in the coastal zones of a State, the obligation …” „… contained in Art. 261 will bind both the coastal State, which authorises the deployment and sets the …” „… conditions for it, and the deploying State or international organisation, which actually puts the object into …”

. Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes S. 249-251

„… ; Page size: 160.00mm 240.00mm Article 31 Responsibility of the flag State for damage caused by a …” „… warship or other government ship operated for non-commercial purposes The flag State shall bear …” „… international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a …”

. International character of the Secretariat S. 1199-1206

„… State Party undertakes to respect the exclusively international character of the responsibilities of the …” „… obligations of a staff member of the Authority set forth in paragraph 2 shall, on the request of a State Party …” „… affected by such violation, or a natural or juridical person, sponsored by a State Party as provided in …”

. Archaeological and historical objects found at sea S. 1951-1962

„… Olleson (eds.), The Law of State Responsibility (2010); Thomas Gehring/Markus Jachtenfuchs, Liability for …” „… . States have the duty to protect objects of an archaeological and historical nature found at sea and shall …” „… cooperate for this purpose. 2. In order to control traffic in such objects, the coastal State may, in …”

. Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea S. 1251-1255

„… liability of a State Party relating to damage caused by its failure to carry out its responsibilities under …” „… dispute which concerns the potential liability of a State Party relating to damage caused by its failure …” „… Council ( Art. 162 (2)(t)).2 6 Art. 185 (2) states that no action regarding suspension of the exercise of …”

. Breaking or injury of a submarine cable or pipeline S. 783-786

„… Every State shall adopt the laws and regulations necessary to provide that the breaking or injury by a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Flag State Jurisdiction and Regulatory Efforts …” „… . . . . . . . . . . . . . . . . . . . . . . 12 I. Purpose and Function 1 Art. 113 serves to restrict those States competent to take action …”

. System of exploration and exploitation S. 1081-1090

„… Wolfrum (note 3), 426 et seq. On the responsibility and liability of States parties, see …” „… States’ responsibility to ensure and regulates liability: ‘1. States Parties shall have the …” „… entail liability […]. A State Party shall not however be liable for damage caused by any failure to …”

. Seizure of a pirate ship or aircraft S. 750-754

„… flag state.11 Indeed, it might also be considered an abrogation of flag State responsibility to strip …” „… a State were to relinquish its jurisdiction under national law over vessels of its flag that commit …” „… with the power of each State to make rules governing the grant of nationality to ships ( Art. 91(1 …”

Titelei/Inhaltsverzeichnis S. I-LII

„… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1557 Article 232. Liability of States arising from enforcement measures …” „… community of States. Their negotiations at the Third United Nations Conference on the Law of the Sea …” „… development may take the form of State practice developing a uniform approach to the implementation of …”

. Advisory opinions S. 1275-1278

„… . Anton/Robert A. Makgill/Cymie R. Payne, Seabed Mining: Advisory Opinion on Responsibility and Liability …” „… Reports (1975), 12; ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …” „… ), 565, 569. 2 ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring …”

. Safeguards with respect to straits used for international navigation S. 1564-1567

„… delayed13 or imposing of unattainable compliance standards were imposed.14 10In the event that a State …” „… relevant State would have to demonstrate, that such measures constituted the only means of safeguarding the …” „… aforementioned essential interest against the grave or imminent peril.15 That State would also have to …”

. Deployment and use S. 1732-1739

„… continental shelf must be exercised with due regard to the sovereign rights of the coastal State. If the scope …” „… 28 (2013), 729–736. 43 Gerard J. Mangone, The Effect of Extended Coastal State Jurisdiction over the …” „… , do not fly the flag of States, are not always fixed and their movements may be casual and independent …”

. Right of transit passage S. 294-301

„… that, if the strait is formed by an island of a State bordering the strait and its mainland, transit …” „… through the strait for the purpose of entering, leaving or returning from a State bordering the strait …” „… , subject to the conditions of entry to that State. 3. Any activity which is not an exercise of the right of …”

. Duty not to transfer damage or hazards or transform one type of pollution into another S. 1316-1320

„… principles States cannot detract from their liability.6 The necessary measures have to be taken quickly and …” „… is not known if the new formulation was meant to increase the responsibility or liability of States …” „… measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to …”

. Ice-covered areas S. 1567-1586

„… Article 235 Responsibility and liability 1. States are responsible for the fulfilment of their …” „… coastal State enforcement which excluded the applicability in relation to ‘warships, naval auxiliary or …” „… other ship or aircraft owned or operated by any State and used, for the time being, only on governmental …”

. Declarations, notifications and communications S. 2533-2541

„… 9.1.580; Page size: 160.00mm 240.00mm 4. Supremacy of obligations under UNCLOS toward third States …” „… words, the obligations of the international organization towards third States that are States Parties to …” „… organization by its member States which are Parties to this Convention. 2. A member State of an international …”

. Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Seabed Disputes Chamber or to binding commercial arbitration S. 1262-1267

„… sponsored by a State, alleges that the Authority has incurred liability for damage arising out of its …” „… and a prospective contractor who has been sponsored by a State […] concerning the refusal of a …” „… the latter: claims that has been properly sponsored by a State Party, and has duly fulfilled the …”

. Right of visit S. 768-773

„… ; (c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has …” „… Non-National Ships on the High Seas: Peacetime Exceptions to the Exclusivity Rule of Flag State Jurisdiction …” „… Enforcement against Delinquent Vessels, ICLQ 35 (1986), 320–343; Philipp Wendel, State Responsibility for …”

. Duties of ships and aircraft during transit passage S. 301-306

„… , territorial integrity or political independence of States bordering the strait, or in any other manner in …” „… they apply to civil aircraft; state aircraft will normally comply with such safety measures and will at …” „… of Force by States (1963); Yoram Dinstein, War, Aggression and Self-Defence (3rd edn. 2001); Bing …”

. Definition of a pirate ship or aircraft S. 747-748

„… rules of engagement in naval warfare and not criminal liability. The characterisation of the Arrangement …” „… ship or aircraft. The retention or loss of nationality is determined by the law of the State from which …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. ‘the law of the State from which such nationality was derived …”

. Investigation of foreign vessels S. 1538-1545

„… 9.1.580; Page size: 160.00mm 240.00mm matter, if the State unlawfully prevents a vessel from sailing or …” „… achieved between States’ powers of enforcement and the rule of non-impediment of the right of passage and …” „… relevant circumstances.11 The use of excessive force constitutes a breach of the right of the flag State …”

. Laws and regulations of States bordering straits relating to transit passage S. 314-321

„… simple provision regarding the liability of the flag State for the damage done to the coastal State by …” „… coastal State, which Art. 41 (7) obligates the ships to respect. There is no consequence spelt out under …” „… basis of which the coastal State may find remedy against the violations.44 Article 42 Laws and …”

. Immunity of warships on the high seas S. 715-717

„… of navigation on the high seas’ 14 Under the first sentence of Art 94 (7), a flag State must conduct …” „… flying its flag and causing loss of life or serious injury to nationals of another State or serious …” „… damage to ships or installations of another State or to the marine environment.’ The term ‘marine …”

. Borrowing power of the Authority S. 1225-1227

„… shall exercise borrowing; and (iv) splitting debts liability and responsibility from States Parties. 2 …” „… working capital fund at rates to be determined by the Assembly. 11 States and entities referred to in Art …” „… any such State or entity to exempt it from the requirement of so contributing. Such contributions …”

. Piracy by a warship, government ship or government aircraft whose crew has mutinied S. 745-747

„… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. State violence at sea cannot be piracy …” „… . Otherwise, violence against other vessels committed by a warship is a question of State responsibility (and …” „… perhaps the laws of armed conflict).2 43 United States v. Ali, Case No. 12-3056, US Court of Appeals …”

. Research and survey activities S. 306-308

„… , uncontrolled flight by State aircraft is probably permissible under Art. 39 (3).34 Article 40 Research and …” „… of the States bordering straits. Bibliography: Robin R. Churchill/Alan V. Lowe, The Law of the Sea (3 …” „… Hegemony of the United States?—Comments on Raul (Pete) Pedrozo’s Article on Military Activities in the EEZ …”

. Pollution from seabed activities subject to national jurisdiction S. 1392-1401

„… jurisdiction 1. Coastal States shall adopt laws and regulations to prevent, reduce and control pollution of the …” „… and 80. 2. States shall take other measures as may be necessary to prevent, reduce and control such …” „… , standards and recommended practices and procedures. 4. States shall endeavor to harmonize their policies in …”

. Participation and appearance of sponsoring States Parties in proceedings S. 1272-1275

„… the Authority, or States and sponsored contractors. Again, sovereign States cannot be expected to …” „… accept decisions on claims for damages or other remedies made by other States. The same goes for …” „… sponsored entities, due to the close link between them and the sponsoring State. Article 190 Participation …”

. Use of terms and scope S. 18-28

„… contrary to the aims of this Convention. 2. (1) “States Parties” means States which have consented to be …” „… Parties to this Convention in accordance with the conditions relevant to each, and to that extent “States …” „… , Implications of Current Developments in International Liability for the Practice of Marine Geo-Engineering …”

ANNEX IV STATUTE OF THE ENTERPRISE S. 2276-2312

„… . The States Parties to the 1994 Implementation Agreement adopted an evolutionary approach to the …” „… (1) states in Part XI, i. e. that the Enterprise is an organ of the Authority and that it has two …” „… setting up and the functioning of the Enterprise adopted by the States Parties to the Agreement, S. 2 (2 …”

. Exercise of powers of enforcement S. 1532-1535

„… compliance, thus avoiding potential damages, without prejudicing States’ responsibility and liability for the …” „… entities or persons appointed by the flag State or any State affected by pollution or the IMO, which may …” „… Stephens, The International Law of the Sea (2010); Philipp Wendel, State Responsibility for Interferences …”

. Annual audit S. 1227-1229

„… 1 Sea-Bed Committee, United States of America: Draft United Nations Convention on the International …” „… , agreements or other forms of undertaking or recognized liability, as provided in Art. XIV of the Financial …” „… accounting principles, and give a true and fair view of the state of the Authority’s affairs as at 31 …”

. General obligation S. 1278-1288

„… Section 1 General provisions Article 192 General obligation States have the obligation to protect and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. ‘States …” „… exclusive economic zone (EEZ), the jurisdiction assigned to coastal States by Art. 56 (1) b)(iii) has to be …”

. Civil jurisdiction in relation to foreign ships S. 238-242

„… ; Page size: 160.00mm 240.00mm suggest that coastal States should not exercise their right to arrest …” „… coastal State exercising jurisdiction in respect of crimes committed beyond the territorial sea when a …” „… States have taken a flexible approach to dealing with crimes committed ‘before’ a vessel enters into …”

. Penal jurisdiction in matters of collision or any other incident of navigation S. 722-726

„… . 15Inter-State disputes regarding military activities conducted by ‘government vessels and aircraft …” „… administrative authorities either of the flag State or of the State of which such person is a national. 2. In …” „… disciplinary matters, the State which has issued a master’s certificate or a certificate of competence or …”

. Ships and aircraft which are entitled to seize on account of piracy S. 756-760

„… Liability under Art. 106 is for ‘any loss or damage caused by the seizure’. Such losses could include …” „… bareboat charterer.10 However, the duty of compensation is owed to the flag State and not to the ship …” „… either direct compensation to the ship in all cases, or to the flag State in all cases. The former is the …”

. Privileges and immunities S. 1233-1237

„… liability between the ISA and a State Party, a State enterprise or a natural or juridical person.18 Article …” „… between a State Party and the ISA; (ii) disputes between parties to a contract, which may be States …” „… Parties, the ISA or the Enterprise, State enterprises and natural or juridical persons; (iii) disputes of …”

. Legal status S. 1229-1233

„… concerning liability between the ISA and a State Party, a State enterprise or a natural or juridical person …” „… principles, and give a true and fair view of the state of the Authority’s affairs as at 31 December 1999 and …” „… community different from its constituent States and other legal persons; and (ii) it endows ISA with legal …”

. Use of the Area exclusively for peaceful purposes S. 983-987

„… ultimately State-centred regime of obligations, liability and sponsoring envisaged by Art. 139 and Art. 153 …” „… shall be open to use exclusively for peaceful purposes by all States, whether coastal or land-locked …” „… : ITLOS Seabed Disputes Chamber, Responsibilities and Obligations of States Sponsoring Persons and …”

. Internal waters S. 85-97

„… State practice shows numerous examples of questionable straight baselines,128 the corresponding opinio …” „… of the internal waters of the State. 2. Where the establishment of a straight baseline in accordance …” „… : http://www.mpepil.com; Anne Bardin, Coastal State’s Jurisdiction over Foreign Vessels, Pace International Law Review 14 …”

. Pollution from land-based sources S. 1379-1392

„… 9.1.580; Page size: 160.00mm 240.00mm responsibility and liability’,68 – did acknowledge that the ‘rules …” „… setting out direct obligations of the sponsoring State could provide for different treatment for developed …” „… and developing sponsoring States.’69 5. ‘and shall communicate reports […] in the manner provided in …”

. Immunity of ships used only on government non-commercial service S. 717-722

„… from the enforcement jurisdiction of foreign States while on the high seas. One may even suggest that …” „… to threaten or use force against a sovereign instrumentality of a foreign State’,8 contrary to the …” „… State may waive the immunity of, and its exclusive jurisdiction over, its own warship and authorise …”

. Sovereign immunity S. 1592-1597

„… apply to any warship, naval auxiliary, other vessels or aircraft owned or operated by a State and used …” „… , for the time being, only on government noncommercial service. However, each State shall ensure, by the …” „… , Report of the International Law Commission: Draft Articles on Jurisdictional Immunities of States and …”

. Cooperation on a global or regional basis S. 1329-1334

„… . However, there is no need to understand it in this way because Art. 235 concerning liability of States (in …” „… regional basis States shall cooperate on a global basis and, as appropriate, on a regional basis, directly …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. ‘States shall cooperate …”

. Duties of the coastal State S. 218-223

„… burden on coastal States. It might also be construed as incurring an absolute liability for failing to …” „… civilian vessels. This is reinforced by reference to Art. 220 (2),21 which permits coastal States to …” „… Duties of the coastal State 1. The coastal State shall not hamper the innocent passage of foreign ships …”

. Exclusion of application of the most-favoured-nation clause S. 912-917

„… interests’ 43The scope of the phrase ‘legitimate interests’ in Art. 125 (3), through which transit States …” „… unclear whether ‘transit States may consider themselves free to close their borders not only for serious …” „… for the transit States themselves to determine the scope of these interests, ‘therefore making it …”

. Duty to render assistance S. 726-731

„… 9.1.580; Page size: 160.00mm 240.00mm Article 98 Duty to render assistance 1. Every State shall require …” „… call. 2. Every coastal State shall promote the establishment, operation and maintenance of an adequate …” „… so require, by way of mutual regional arrangements cooperate with neighbouring States for this …”

. Archaeological and historical objects S. 1053-1059

„… regard to the responsibilities and liability of a sponsoring State that, whether developing or developed …” „… ; Page size: 160.00mm 240.00mm developed States is in line with the common heritage of mankind …” „… , the ‘equality of treatment between developing and developed sponsoring States is consistent with the …”

. Formal confirmation and accession S. 2523-2528

„… its member States deposit or have deposited their instruments of ratification or accession. 2. The …” „… Member States of the Instruments of Ratification of the Convention on the Law of the Sea, COM (87) 403 …” „… States and International Organizations or between International Organizations, with Commentaries, adopted …”

Preamble S. 2-18

„… a claim of responsibility or liability if a States Party were to act contrary to them. This is …” „… 9.1.580; Page size: 160.00mm 240.00mm Preamble The States Parties to this Convention, Prompted by the …” „… desirability of establishing through this Convention, with due regard for the sovereignty of all States, a …”

. Participation of developing States in activities in the Area S. 1047-1053

„… and liability of a sponsoring State that, whether developing or developed, the ‘equality of treatment …” „… ; Page size: 160.00mm 240.00mm Article 148 Participation of developing States in activities in the Area …” „… The effective participation of developing States in activities in the Area shall be promoted as …”

. Sea lanes and traffic separation schemes in straits used for international navigation S. 308-314

„… by national laws of the coastal State as specified in Art. 42, but the quite useful Art. 42 (5) can …” „… be resorted to by the coastal State in respect of research or survey activities by ships entitled to …” „… conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation …”

. Enforcement by coastal States S. 1506-1513

„… State to refuse the release of an unseaworthy vessel or to make it conditional upon proceeding to the …” „… nearest appropriate repair yard. According to the second sentence, the flag State may seek release of the …” „… . Arguably, the flag State may make the request that the vessel be allowed to proceed to a repair yard, as …”

. Obligations under other conventions on the protection and preservation of the marine environment S. 1597-1606

„… the specific obligations assumed by States under special conventions and agreements concluded …” „… obligations assumed by States under special conventions, with respect to the protection and preservation of …” „… . ‘Specific obligations assumed by States under special conventions […] should be carried out in a manner …”

. Measures to prevent, reduce and control pollution of the marine environment S. 1296-1316

„… 9.1.580; Page size: 160.00mm 240.00mm tion, States with a strict national environmental or biodiversity …” „… existing connection with the citizenship or nationality status, State of registration or incorporation (or …” „… the flag State principle) is sufficient to impose the higher national standards on individuals or …”

. Laws and regulations of the coastal State relating to innocent passage S. 200-209

„… would be to permit coastal States to have regard to this factor as a means of determining the character …” „… of passage. 9There is no conclusive State practice on this matter.15 Of note were the repeated …” „… measures suggests that States may be willing to accept a wider degree of latitude in responding to such …”

. Nature and fundamental principles of the Authority S. 1108-1116

„… liability of States for activities in the Area, in Art. 144 (2) on the transfer of technology and scientific …” „… which States Parties shall, in accordance with this Part, organize and control activities in the Area …” „… 9.1.580; Page size: 160.00mm 240.00mm vention (1982); Juliane Kokott, States, Sovereign Equality, MPEPIL …”

. Right to conduct marine scientific research S. 1606-1615

„… Article 238 Right to conduct marine scientific research All States, irrespective of their geographical …” „… subject to the rights and duties of other States as provided for in this Convention. Bibliography: Lucius …” „… ’. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3. ‘subject to the rights and duties of other States …”

. Assessment of potential effects of activities S. 1370-1379

„… 9.1.580; Page size: 160.00mm 240.00mm 4. ‘which should make them available to all States’ 13Art. 205 is …” „… marine environmental protection, be shared among all States. If a State publishes its monitoring results …” „… itself, it ensures that other States are able to access this information. If it decides to provide the …”

. Use of technologies or introduction of alien or new species S. 1320-1329

„… this way because Art. 235 concerning liability of States (in this case for transboundary invasion of …” „… transformation from a liquid in a solid state and/or any physical or chemical change that does not eliminate or …” „… a type of pollution. 17In this article, State responsibility is created in a negative way; concrete …”

. Measures relating to seaworthiness of vessels to avoid pollution S. 1497-1506

„… State; and Art. 232, on liability in case of unlawful enforcement measures. 2. ‘States […] shall, as far …” „… violations which correlates with the limited coastal State’s rights of interference in the EEZ under Art. 220 …” „… (3).56 The same (imperfect) obligation exists vis à vis the flag State making a request with regard to a …”

. Signature S. 1969-1980

„… Convention shall be open for signature by: (a) all States; (b) Namibia, represented by the United Nations …” „… Council for Namibia; (c) all self-governing associated States which have chosen that status in an act of …” „… to enter into treaties in respect of those matters; (d) all self-governing associated States which …”

. Normal baseline S. 46-61

„… clear indication that the State has no original claim on the territorial sea, but that its claim is …” „… In situations of adjacent or opposite coastlines, Art. 15 applies.18 States may, for example, agree …” „… low-water line along the coast as marked on largescale charts officially recognized by the coastal State. 15 …”

. Contiguous zone S. 255-273

„… contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the …” „… , Japan and China, Korea Observer 30 (1999), 1–7; David H. Anderson, Coastal State Jurisdiction and High …” „… , Presidential Proclamation 7219: Extending the United States’ Contiguous Zone – Didn’t Someone Say This Had …”

. Protection of the marine environment S. 1008-1029

„… ; Page size: 160.00mm 240.00mm There is only a duty of States Parties ‘to cooperate fully and …” „… effectively with the Authority for this purpose’.47 Last but not least, States Parties are obliged ‘to promote …” „… regime of technology transfer can meet the expectations of the State Parties to serve the benefit of …”

doi.org/10.5771/9783845258874

Ulrike Feldmann, Christian Raetzke, Marc Ruttloff - Atomrecht in Bewegung

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Ulrike Feldmann (ed.), Christian Raetzke (ed.), Marc Ruttloff (ed.)

Atomrecht in Bewegung

2019

Results in this title

Kaan Kuzeyli Liability Rules Applicable Under the Paris Convention for Transport of Nuclear Materials To or From a Non-Contracting State S. 95-116

„… transport from or to a non-contracting State. Rules on Liability for Nuclear Transport to or from a …” „… . It is obvious that, where substances are carried to a non-Contracting State, liability is imposed …” „… State to a Contracting Party, liability is imposed upon the operator for whom the substances are …”

Achim Jansen-Tersteegen, Christian Raetzke Current issues of insurers with the transport of nuclear material S. 79-88

„… , contracting states can require a higher liability/cover up to the limit of their own national liability limit …” „… obvious that the various PC states have different limits of liability and cover. A specific problem for …” „… transport; and more specifically, whether certain states require a transit liability that is higher than the …”

Justin Franken Discussion Report of the Second Working Session S. 117-122

„… practical relevance of the presented subject. In his view the beginning and the end of the liability under …” „… , the transport liability would usually generate a relatively high amount of administrative work in …” „… application of the Paris Convention vis-à-vis non-Contracting States provided certain prerequisites are met …”

Titelei/Inhaltsverzeichnis S. 1-16

„… conference with its view on the Rhine connecting different states set a most suitable frame for the 15th …” „… Radiation Protection into national law of the Member States. 1 Ulrike Feldmann is Board Member of the German …” „… topic of the second session dealing with nuclear liability especially regarding nuclear transport even …”

doi.org/10.5771/9783845297002

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