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Jens T. Theilen - European Consensus between Strategy and Principle

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Jens T. Theilen

European Consensus between Strategy and Principle

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 303 2021

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Chapter 10: Of Conflation and Normalisation: European Consensus between Strategy and Principle S. 367-401

„… Of Conflation and Normalisation: European Consensus between Strategy and Principle Introduction If …” „… conceptualisation of consensus as a fulcrum of both strategy and principle without sufficient attention to the …” „… conflating strategy and principle, as it currently is in the context of European consensus – or so I will …”

Titelei/Inhaltsverzeichnis S. 1-14

„… PrincipleIII. 374 Different Perspectives on Consensus within Non-Ideal Theory 1. 374 Consensus and an …” „… European Consensus between Strategy and Principle Jens T. Theilen Beiträge zum ausländischen …” „… Cataloging-in-Publication Data Theilen, Jens T. European Consensus between Strategy and Principle The Uses of Vertically …”

Chapter 8: Consensus in Context: Autonomous Concepts, the Margin of Appreciation, and Tensions within the Court’s Doctrines S. 285-328

„… . 6232/73 – König, at para. 89. Chapter 8: Consensus in Context 292 Greer describes the “principle of …” „… Consensus in Context: Autonomous Concepts, the Margin of Appreciation, and Tensions within the …” „… perspectives play out with regard to the question of how (lack of) consensus is established – differently put …”

Chapter 5: Establishing Consensus (I): Numerical Issues S. 176-209

„… ” at 140; see also Heringa, “The ‘Consensus Principle’: The Role of ‘Common Law’ in the ECHR Case Law …” „… moralityfocussed perspective, which eschews reference to consensus in principle, can be reframed as depicting a …” „… , which is in principle independent from consensus-related considerations and reminiscent, rather, of the …”

Chapter 2: Morality-focussed Perspectives: European Consensus as an Infringement on Prepolitical Rights S. 60-93

„… conceived of as factual (II.3.). In principle, these critical points apply to any use of European consensus …” „… Perspectives on the Spur Effect 85 while not opposed to the use of European consensus in principle, he argues …” „… amount to a principled refusal of using European consensus in any context, insisting instead on purely …”

Chapter 1: Justifying Concrete Norms in Regional Human Rights Law: The Uses of European Consensus in the Court’s Processes of Justification S. 15-59

„… in accordance with European consensus cannot be reconciled with a principled account of human rights …” „… Justifying Concrete Norms in Regional Human Rights Law: The Uses of European Consensus in the …” „… “European consensus” (or simply “consensus”). As the Court itself put it in the landmark case of Demir and …”

Chapter 9: The Strategic Approach: Consensus as Legitimacy-Enhancement S. 329-366

„… The Strategic Approach: Consensus as Legitimacy-Enhancement Introduction “The key rationale behind …” „… the ECtHR’s consensus method is legitimacy”.1365 This statement by Tobias Lock succinctly puts forward …” „… a sentiment that is extremely widespread in the academic literature on European consensus1366 – to …”

Chapter 7: Establishing Consensus (III): Different Levels of Generality S. 252-284

„… consensus, thus taking a principle of a relatively high level of generality as a “common point of departure …” „… reliance on consensus at a high level of generality established principles which, as in Christine Goodwin …” „… suggests, “the Court can be satisfied with the existence of consensus at the level of principles, without …”

Chapter 6: Establishing Consensus (II): International Law as European Consensus S. 210-251

„… Like consensus based on domestic law, then, references to international law are viewed, in principle …” „… which in the context of European consensus is the fact that it binds, in principle, only 27 of the 47 …” „… , General Principles of the European Convention on Human Rights, at 98-99. Chapter 6: Establishing Consensus …”

Bibliography S. 461-497

„… Willem. “The ‘Consensus Principle’: The Role of ‘Common Law’ in the ECHR Case Law.” Maastricht Journal of …” „… Amos, Merris. “Can European Consensus Encourage Acceptance of the European Convention on Human Rights …” „… in the United Kingdom?”. In Building Consensus on European Consensus: Judicial Interpretation of …”

Chapter 3: Ethos-focussed Perspectives: From National Ethe to a Pan-European Ethos S. 94-136

„… , so as to constitute their general principles”.472 469 Bilyana Petkova, “The Notion of Consensus as a …” „… consensus, at this point, may seem like a rather disastrous undertaking: it endangers the prepolitical …” „… consensus. I will argue in this chapter that, whereas European consensus is commonly criticised on the basis …”

Chapter 4: Interaction between Morality-focussed and Ethos-focussed Perspectives: Triangular Tensions and Instrumental Allegiances S. 137-175

„… European consensus, this means that while its use may, in principle, be justified as a variant of the …” „… , reliance on moral principles would be preferable to reliance on European consensus.682 My point is not at …” „… Heringa, “The ‘Consensus Principle’: The Role of ‘Common Law’ in the ECHR Case Law,” (1996) 3 Maastricht …”

Chapter 11: Engaging with Indeterminacy: Imagining Different Uses for Vertically Comparative Legal Reasoning S. 402-449

„… Pulling Together the Threads: Beyond Consensus as Compromise I announced in Chapter 1 that part of my …” „… overall goal throughout this study on European consensus would be to demonstrate and criticise how, in at …” „… involving both the rein effect and the spur effect, consensus may seem an appropriate compromise between …”

doi.org/10.5771/9783748925095

Thomas Fischer - Neutral Power in the CSCE

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Thomas Fischer

Neutral Power in the CSCE

Series: Wiener Schriften zur Internationalen Politik

Volume 12 2009

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The Principle of Equal Participation and the Rule of Consensus S. 324-327

„… of Equal Participation and the Rule of Consensus In general, the principle of equal participation of …” „… dialog beyond the bloc divison”, 216. 1243 On the principle of sovereign equality and the consensus rule …” „… the N+N were able to exert within the original CSCE negotiations between 1972 and 1975. The Principle …”

Rules of Procedure S. 155-162

„… important principles of sovereign equality of all participating states, and the rule of consensus500 as a …” „… delegation aimed for a compromise. Since the principle of consensus had already emerged as the future means …” „… suggesting that by now a consensus on the principle of rotation for the vice-chairman seemed to have been …”

Negotiation Deadlock in Basket III S. 263-267

„… a reference to neutrality in the catalogue of principles; they particularly intensified over the …” „… proposals for a preamble clearly placed arbitrary limits on the application of the principles of human …” „… restrictive interpretation of the catalogue of CSCE principles.952 In late January 1974 Sweden and Finland …”

Helsinki-Geneva-Helsinki: Deciding on the Venue of the Conference S. 201-216

„… and Austria, with their demand to include guiding principles for MBFR on the CSCE agenda, originally …” „… ask whether they would be ready to launch their candidacy for Stage II, since a consensus on an …” „… well as by the Nordic countries. A Romanian proposal suggested “rotation” as a principle for the venue …”

The Inclusion of the Mediterranean Small States and European Microstates in the N+N Group S. 351-354

„… same time, the rules of procedure, namely the principles of consensus and rotation, had allowed even …” „… Already two years earlier, at the end of the MPT in Helsinki, Malta had refused to agree to a consensus …” „… consensus after the other delegations threatened to dissolve and reconvene the conference with thirty-four …”

Other Military Aspects of Security S. 191-193

„… 191consensus on an agenda excluding the Middle Eastern topic.640 Kirchschläger was quite frank …” „… hamper progress and accepted that there was no consensus in favour of their ideas”.641The origins for why …” „… principles to guide the negotiations on MBFR, were forced to realize by early April that this idea 643 …”

Opening Statements S. 162-164

„… interests, and moving the talks forward by working for compromises through their engagement. The principle …” „… its own will. However, the struggle for the principle of rotation led by Romania and Switzerland was …” „… because, with the convocation of a first working group in March 1973, the principle was indeed made the …”

The Austrian Middle East Proposal – First to Fail S. 189-191

„… 189 matter pending – and the balance between the principles of sovereignty and human rights was yet …” „… a consensus on the inclusion of this point in the agenda, Austria would not veto their decision.637 …” „… Austrian proposal would find no support whatsoever by any participating state, and a consensus seemed …”

N+N Discussions on a Yugoslav Follow-Up Proposal S. 267-273

„… ” (in contrast to the original Soviet proposal for a permanent institution). Given the consensus rule …” „… , this “advisory committee” would be convened upon consensus by all thirty-five participating states, and …” „… according to the principle of rotation its meetings would be held in a different country each time, with the …”

Summary and Conclusions S. 357-376

„… consensus as a means for deliberations were respected as fundamental principles of the talks. Switzerland …” „… active political concept based on the principles of “active and peaceful coexistence” between all states …” „… the inviolability of that principle guaranteed in a comprehensive European conference. The Soviets …”

Yugoslavia S. 138-141

„… be considered. This should lead to a broadening of the area of consensus on these questions and …” „… meetings should be reached by consensus, and working groups, as well as a provisional secretariat, might …” „… should set forth, in the form of a binding legal document, the basic principles on which European …”

Titelei/Inhaltsverzeichnis S. 2-14

„… CSCE 324The Principle of Equal Participation and the Rule of Consensus 325East-West Polarization and …” „… – and ultimately they all had to agree to the Final Act in consensus. What instruments had they all …” „… 185The Catalogue of Principles 187The Austrian Middle East Proposal – First to Fail 189Other Military …”

Technical Preparations S. 151-155

„… more independent bloc members wanted to make sure that the important principles of sovereign equality …” „… of all participating states, and the rule of consensus500 as a means for deliberations were respected …” „… a vague apology to the Romanians,503500 On consensus as a means for decision-making in multilateral …”

The Catalogue of Principles S. 187-189

„… with the list of principles and Basket I issues before opening discussions on Basket II on 28 March …” „… potential for consensus. The follow-up question, finally, was only briefly touched upon in the last working …” „… Catalogue of Principles The agenda proposal of the EC Nine presented on 15 January 1973 had included an …”

Neutral Coordinators for the Informal Minigroups S. 185-187

„… consultations on 1 March 1973 (applying the principle of a rotating chairmanship), but the set-up that entailed …” „… mini-groups were not subject to the formal rules of procedures and the principle of rotation of the chair …” „… with the catalogue of principles (chaired by Austria), another with the peaceful settlement of disputes …”

Neutral Caucus with a View to the Continuation of Stage II and the Follow-Up S. 243-245

„… questions in Basket I (principles, military aspects, peaceful settlement) and Basket III (procedure …” „… coordinating committee.870As for the catalogue of principles in Basket I, Switzerland pressed for the final …” „… Relations, while Austria stressed the absolute need for an equal balance of all principles (in order to …”

Dispute on the Christmas Break S. 164-165

„… this a question of principle, calling all objections to their timetable a sabotage of détente, but the …” „… Western delegations spoke in favour of the Swedish-Swiss proposal. As no consensus could be reached that …” „… the organization of the work of the conference and, in particular, on the principle that it should …”

Other Reference Groups S. 354-356

„… 1975, when the French suggested adding to the catalogue of CSCE principles a special clause on the …” „… ” principle or on “family reunion” have become legendary.1386Towards the end of the Dipoli talks, when the …” „… bulk of its work until May 1974, when first draft texts had found consensus by all thirty-five …”

Final Deals on Basket III and the Follow-Up S. 307-316

„… (baskets) as well as a supplementary signature on the “Declaration on the Principles”. In the coordinating …” „… participating states. The matter of deciding (by consensus) whether the follow-up should take an institutional …” „… negotiations begun in Helsinki and Geneva would be disrupted in the near future for a lack of consensus, which …”

The Birth of the N+N Group (January – December 1974) S. 245-246

„… consensus were provisionally registered by the executive secretariat, though were still subject to final …” „… Sub-Committee While the neutral and non-aligned states in the Geneva talks initially clung to the principle that …”

The Soviet Njet to the Swiss SRPD Project S. 250-254

„… ” the resolution would lose its raison d’être. If there were no consensus on further work to elaborate …” „… neutrality” in the catalogue of principles, an inclusion that was regarded as a high priority for Berne. In …” „… February 1974 the Swiss head of delegation informally proposed to amend the first principle on the …”

Continued High-Level Contacts among the Neutrals S. 293-297

„… , Dobrosielski had suggested that the neutrals should start with human contacts, then go on to principles, and …” „… questions in the catalogue of principles (the issues of “peaceful change” and “inviolability of frontiers …” „… for insertion in Principle I (the equal sovereignty of states),1116 in which the N+N had never had …”

Switzerland S. 63-65

„… was to re-evaluate the principles of Swiss foreign policy and analyse leading tendencies within the …” „… talks. The consensus held that Switzerland’s status as a permanently neutral, armed state obliged it to …”

Organization of the Work S. 165-167

„… , on the principle that it should take 533 For Campiche’s intervention see Renk Papers: File H1 …” „… Spanish proposal was unable to find consensus by Christmas that year.539On 12 December the US delegation …”

Sweden S. 40-45

„… pinpointing of a year, or even a decade, when the principle of non-involvement in European wars was firmly …” „… First World War fostered national consensus in favour of neutrality. After the war, Sweden joined the …” „… Switzerland and Austria, Sweden did not argue for the primacy of the principle of neutrality in the event of a …”

A Breakthrough on CBM Parameters S. 297-307

„… German-approved text on peaceful change for insertion in Principle I (the equal sovereignty of states),1116 in …” „… acceptance of the peaceful change clause. Siegfried Bock. “The CSCE – An Era of Dissent and Consensus.” In …” „… from major military movements, but these remained outside the area of consensus in Geneva, and prior …”

The N+N Package Deal S. 278-293

„… catalogue of principles and preamble to Basket III.1029 Since the procedural compromise was reached on 6 …” „… compromise between the catalogue of principles and Basket III.1031 According to Iloniemi, sometime in May …” „… for the principles defined in the document on the principles guiding relations among the participating …”

The Role of Personalities S. 330-340

„… sure the principle of equal and sovereign participation of all states as well as the principle of …” „… sides to consensus: Unconstrained by the need to stay in step with a large grouping, and with a …” „… Kremlin Wall Game”, while Brussels is run first by the “democratic principle of collective …”

doi.org/10.5771/9783845217703

Bernd Oberdorfer, Oliver Schuegraf - Lehrverantwortung – lutherisch / Doctrinal Responsibility – a Lutheran Perspective

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Bernd Oberdorfer (ed.), Oliver Schuegraf (ed.)

Lehrverantwortung – lutherisch / Doctrinal Responsibility – a Lutheran Perspective

2023

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TEIL A: Fallstudien: Strukturen und Orte von Lehrbildung und Lehrautorität S. 19-139

„… principlepreclude treatment in a legal form.«111.3 Magnus ConsensusIf doctrine cannot simply be established through …” „… Consensus – Legal regulations in the constitutions ofGerman Lutheran regional churches1.1 QuestionHow does …” „… consensus, are presumably also of global significance. In order not to speak too abstractly, it seems useful …”

Titelei/Inhaltsverzeichnis S. 1-9

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18/19Case Study 1: The Question of Magnus Consensus – Legal regulations in the constitutions of German …” „… Lutheran regional churches / Fallstudie 1: Die Frage des magnus consensus – Rechtliche Regelungen in …” „… . . . . . . . . . . . . . . 26/271.3 Magnus consensus …”

TEIL C: Lutherische Lehrverantwortung im ökumenischen Horizont – Neun Thesen S. 219-225

„… confessional writings. This means that doctrinal statements are in prin-ciple placed under an eschatological …” „… consist in overcoming con-fessional diversity, but in formulating a consensus which, as a …” „… »differenti-ated/differentiating consensus«, allows for remaining differences.Thesis 8: The Lutheran doctrinal concept is not …”

TEIL B: Lutherische Lehre in ihrer theologiegeschichtlichen und systematischen Dimension S. 141-217

„… »only rule and guiding principle« (BC 486)and the confessions of the early church; thus also Thomas …” „… aimed to ensure that doctrine did not re-main external and was in principle accessible to everyone, not …” „… . satis est] for true unity of the Christianchurch . . .« (CA VII, BC 42). This »satis principle« of a …”

doi.org/10.5771/9783374074839

Nikolaus Knoepffler, Peter Kunzmann, Martin O'Malley - Facetten der Menschenwürde

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Nikolaus Knoepffler (ed.), Peter Kunzmann (ed.), Martin O'Malley (ed.)

Facetten der Menschenwürde

Series: Alber-Reihe Philosophie

Volume 2011

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Martin O’Malley A Performative Definition of Human Dignity S. 75-101

„… of the principle,and tracing the historical emergence and contemporary use of the prin-ciple in US …” „… of the dignity principle.All human persons have this dignity – no individuals or groups may …” „… principle.(d) have a status of distinctive and exceptional worthThe universal and egalitarian nature of the …”

Edward J. Eberle Human Dignity, Privacy, and Personality in German and American Constitutional Law S. 102-140

„… principles,such as natural law or inalienable rights, or from verifiable sources, liketradition or history, partly …” „… Principle.Right to Heritage IIn this context, the Court announced a substantive right to learn one’sheritage. »It …” „… value-oriented constitution that obligates the stateto realize a set of objectively ordered principles, rooted in …”

Donald P. Kommers Autonomy, Dignity and Abortion S. 216-244

„… rootedin the principle of popular sovereignty, each subscribes to the rule oflaw, each has an independent …” „… , especially when seen intandem with the Preamble’s principle of human dignity. In short, asGermany’s Federal …” „… / 30.9.11dence, and charity. These virtues, along with the related principles ofdignity and autonomy …”

doi.org/10.5771/9783495997284

Christoph Bieber, Sven Sebastian Grundmann - Ethik und Politikmanagement

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Christoph Bieber (ed.), Sven Sebastian Grundmann (ed.)

Ethik und Politikmanagement

Series: Sonderhefte Zeitschrift für Politikwissenschaft

Volume 2014

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Schreurs Miranda A. The Ethical Dimension of Energy Policy Decisions: The Role of Advisory Bodies S. 119-138

„… principle and the idea of sustainability into national and international environmental and energy policy …” „… , the Precautionary Principle, and Sustainability2.121Ethics and the Environment in the German Context3 …” „… Precautionary Principle, and SustainabilityEthical and moral considerations have only gradually gained greater …”

doi.org/10.5771/9783845248042

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