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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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. Fact finding S. 2509-2513

„… 9.1.580; Page size: 160.00mm 240.00mm Article 5 Fact finding 1. The parties to a dispute concerning the …” „… rise to the dispute. 2. Unless the parties otherwise agree, the findings of fact of the special …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Fact-finding Functions …”

. General provisions S. 2506-2509

„… function as both an arbitral panel and a fact-finding body. While it was primarily intended that the …” „… to the composition and formation of a tribunal and concerning the unique fact-finding processes …” „… : 160.00mm 240.00mm Article 5 Fact finding 1. The parties to a dispute concerning the interpretation or …”

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

„… publication alternatives in fact correspond to the pursued aim. However, following from the use of the word …” „… . NORDQUIST et al. explain this inconsistency with the fact that the Convention may not impose direct …” „… of application is further complemented by the fact that the provision contains virtually no spatial …”

. Experts S. 1864-1867

„… Nations Convention on the Law of the Sea 1982: A Commentary, vol. V (1989); Shabtai Rosenne, Fact-finding …” „… , Fact-finding before the International Court of Justice, in: Shabtai Rosenne (ed.), Essays in International Law …” „… deal ‘with particular categories of disputes’. The Tribunal has in fact established special …”

. Lists of experts S. 2499-2503

„… judicial, fact-finding and recommendatory purposes. Accordingly, the list of Annex VIII experts is, by …” „… , or are convened as a panel of inquiry for fact-finding purposes, or may alternatively exercise a …”

. Non-recognition of marine scientific research activities as the legal basis for claims S. 1625-1631

„… findings enabled by MSR is subject to discussion.3 To apply Art. 241 to relevant titles to exclusive use, e …” „… claims in delineation issues. 10Despite the fact that they do not suffice as the sole reason for claims …” „… controversial because it is only the possible use of the findings at a later stage and not the methodology which …”

. Choice of procedure S. 1850-1858

„… tribunals may be requested to perform a fact-finding function only, and that, unless the parties otherwise …” „… agree, the finding of fact so obtained ‘shall be considered as conclusive between the parties’. 17 ITLOS …” „… ) stressed that ‘concurrence of jurisdiction, rather than conflict, would, in fact, operate to improve the …”

. Publication and dissemination of information and knowledge S. 1640-1644

„… other hand, gives the possibility for all States to benefit from the findings of MSR. This is …” „… implement regulations that take into account scientific findings.4 3Data collected through research often …” „… , probably due to the fact that the core concepts, including the need to disseminate information obtained …”

. Jurisdiction S. 1858-1864

„… from that of settling a dispute such as, for instance, that of fact-finding. In practice, after the …” „… ); Shabtai Rosenne, Fact-finding before the International Court of Justice, in: Shabtai Rosenne (ed.), Essays …”

. Obligation to settle disputes by peaceful means S. 1814-1818

„… by the Permanent Court of International Justice (PCIJ) as ‘a disagreement over a point of law or fact …” „… given fact; in another sense, application is the action of bringing about the consequences which …” „… , according to a rule, should follow a fact.’16 9 ITLOS found itself without jurisdiction ratione materiae to …”

. Exhaustion of local remedies S. 1901-1905

„… the reliance on Art. 22 of the Draft Articles on State Responsibility was its finding that the …” „… Responsibility, it was certainly aware of this fact. In any event, the reliance by the Tribunal on this exception …” „… to the exhaustion rule, without finding sufficient support as regards its customary status, seems to …”

. Constitution of special arbitral tribunal S. 2503-2506

„… plays an additional role in fact-finding, as well as presenting recommendations to the parties to …” „… ). Reflecting the fact that the UNCLOS arrangements extend beyond fisheries, and further encompass the …”

. Conciliation S. 1839-1842

„… findings of fact may be final if the mandate specifically calls for this.15 Conciliation is thus a …” „… examines the facts and law pertinent to the case, before drafting a proposed settlement taking these into …”

. Application of this section to disputes submitted pursuant to Part XI S. 1842-1845

„… arbitration, although findings of fact may be final if the mandate specifically calls for this.15 Conciliation …” „… commensurately.14 The commission examines the facts and law pertinent to the case, before drafting a proposed …”

. Settlement of disputes by any peaceful means chosen by the parties S. 1818-1821

„… within 12 hours or, in the words of the commander, the ‘consequences would be theirs’.22 The fact that …” „… discernible effect on this finding: the strength of a State’s claim in the underlying dispute does not render …” „… compulsory procedures of section 2 would lead. For example, the fact that a Special Chamber of the …”

. Contingency plans against pollution S. 1339-1342

„… 240.00mm emergencies, where the marine environment is in imminent danger of being damaged or has in fact …” „… , An Assessment of Assessments: Findings of the Group of Experts Pursuant to GA Res. 60/30 (2009) 10 …”

. Studies, research programmes and exchange of information and data S. 1342-1345

„… , An Assessment of Assessments: Findings of the Group of Experts Pursuant to GA Res. 60/30 (2009) 10 …” „… information on the causes and effects of pollution, in recognition of the fact that the nature of the marine …”

. Monitoring of the risks or effects of pollution S. 1357-1365

„… that the monitoring obligation of Art. 204 in fact finds its roots in that period. This finding is …” „… activities on the marine environment.6 The duty to monitor effects and risks of pollution may in fact be …” „… fact that States only have to endeavour monitoring. The word ‘endeavour’ qualifies the obligation to …”

. Conservation of the living resources S. 481-494

„… appropriate scientific findings; and they did not discriminate in form or in fact against foreign fishermen.17 …” „… Court noted that ‘[t]he very fact of convening the third Conference on the Law of the Sea evidences a …” „… have broad discretion in this regard. Indeed, despite the fact that the Convention makes no explicit …”

. Institution of proceedings S. 2492-2499

„… merits of the dispute. Alternatively, reflecting the value of fact-finding and conciliation initiatives …” „… recognises that the facts of the matter, rather than the overarching legal position, may be most in dispute …” „… to nautical disputes generally, an expert panel may conduct an inquiry to establish the facts of a …”

. Enforcement of laws and regulations of the coastal State S. 557-564

„… , the fact that the other fishing vessels involved in the bunkering operation had not been subjected to …” „… manifestly arbitrary or if the power is exercised on the basis of facts which do not exist and which are …” „… Convention.’12 On the facts, the majority of the Tribunal found that the confiscation of the vessel and the …”

. Right of access to and from the sea and freedom of transit S. 899-912

„… States’, finding its legal base in custom.16 Periods of prolonged use of access to the sea through the …” „… contained in Art. 125 (1) and the fact that ‘the freedom of transit under Art. 125 exists independently of …” „… Court finding that it was not necessary to pronounce on whether this right of access was also present in …”

. Procedure where no settlement has been reached by the parties S. 1821-1826

„… it is not one to which the compulsory procedures of section 2 would lead. For example, the fact that …” „… meaning of Art. 281 (1). Despite finding that there was no reason why both treaties could not apply at the …” „… jurisdiction of a Part XV forum on similar facts would no longer succeed.25 The case has been invoked against …”

. Creation of favourable conditions S. 1637-1640

„… scientific findings is carried at both the intra- and the inter-disciplinary level. On one hand, scientists …” „… negotiations, probably due to the fact that the core concepts, including the need to disseminate information …”

. Conservation of the living resources of the high seas S. 831-851

„… ensure that conservation measures and their implementation do not discriminate in form or in fact against …” „… neither the measures adopted nor their implementation shall discriminate in form or in fact against the …” „… findings’.24 While the negotiators rejected the idea of a centralised international council in favour of …”

. Unauthorized broadcasting from the high seas S. 764-768

„… ); but see Guilfoyle (note 1), 177, finding little evidence of maritime propaganda broadcasts in practice …” „… trafficking in narcotic drugs and psychotropic substances, may have followed from the fact that the present …”

. Specific legal regime of the exclusive economic zone S. 409-419

„… fact that Part V does not contain a provision following the model of Art. 77 (3) indicates, however …” „… thus not subject to an ‘inherent right’6 of the coastal State. Notwithstanding the fact that Art. 56 (1 …” „… ICJ’s judgment in the Fisheries Jurisdiction Case. Notwithstanding the fact that the concept of …”

. Prompt release of vessels and crews S. 1882-1894

„… considering the merits, are not bound by any finding of law or fact the Tribunal may have made in order to …” „… jurisdiction to the Tribunal’.11 Arguing from the fact that these provisions are different from Art. 288 (2 …” „… fact that, in the view of the Tribunal, at a time material for the dispute, the ship’s registration had …”

. Cooperation of States in the conservation and management of living resources S. 818-831

„… appropriate scientific findings, and they do not discriminate against foreign fishermen.39 In each case States …” „… […], thus bringing about an equitable apportionment of the fishing resources based on the facts of the …” „… rights in the area. It is not a matter of finding simply an equitable solution, but an equitable solution …”

. Regime of islands S. 859-882

„… applying its findings. 8 Art. 121 distinguishes between ‘island’ (used in paragraphs 1 and 2) and ‘rocks …” „… and the fact that it was once artificial forgotten.48 4. ‘surrounded by water’ 18For an area of land …” „… fact that a ‘compromise may be contemplated’, and then stated as its Basis of Discussion No. 14: ‘In …”

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

„… State of the European Community and Euratom.’11 The Tribunal did not make a finding on this issue one …” „… ecological factors and circumstances. 14The reference in Art. 197 to regional cooperation reflects the fact …”

. Provisional measures S. 1867-1879

„… , Fact-finding before the International Court of Justice, in: Shabtai Rosenne (ed.), Essays in International Law …” „… the provisions invoked appear to afford a basis for jurisdiction, as in fact the invocation of any …” „… with their obligations under the Convention on the Law of the Sea [and that] the fact that the …”

. Production policies S. 1067-1075

„… , the issue was further complicated by the fact that production policy had to be drafted although it …” „… land-based mining gained particular attention in this regard.30 7 In line with the above-mentioned findings …” „… adjustment assistance’59. In fact, this third pillar of protection was the only one that actually benefitted …”

. Definition of the continental shelf S. 588-601

„… boundaries. What conferred the ipso jure title was the fact that the submarine areas concerned might be …” „… typical continental margin. The drafters were also aware of the fact that while many margins diverged from …” „… evidence to the contrary, and if finding none to identify the point of maximum change of gradient. In their …”

. Ports S. 120-129

„… Black Sea Case is relevant, despite the fact that in this case the ICJ found it not to be part of a …” „… difficulty resides in the fact that some structures, such as piers, may be used essentially for pleasure and …” „… successfully that ‘open-pile’ piers were invalid baselines, the Special Master finding that although the CTSCZ …”

. Limitations on applicability of section 2 S. 1908-1920

„… ., 185–190 and 207; Adede (note 3), at 254–256. Wolfrum (note 1), 474, argues that the fact that the coastal …” „… procedures for disputes concerning these.33 10In the context of their dissent from the majority’s findings in …” „… the MPA was a dispute about the marine environment covered by Art. 297 (1)(c), the fact that it might …”

. Optional exceptions to applicability of section 2 S. 1920-1934

„… findings of fact or ancillary determinations of law as were necessary to resolve the dispute presented to …” „… the facts of a dispute are characterised, there may be ample scope for disagreement over whether it …” „… titles arising after the Convention’s entry into force, the last element underlining the fact that …”

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

„… the environment. 20 Another obligation imposed on prospectors relates to findings of elements of …” „… Authority30 requires prospectors to notify in writing of any finding in the Area of an object of actual or …” „… of the fact that there is no exclusivity associated with prospecting (see below). It can be added …”

. Cooperation of States bordering enclosed or semi-enclosed seas S. 887-894

„… regard to both their rights and duties under the Convention. In fact, Art. 123 is the only article which …” „… provisions could be helpful in finding solutions to conflicts when neighbourly nonagreed environmental or …”

. Marine scientific research S. 990-1003

„… unclear and constitutes a ‘legal grey area’.19 This finding is even more true with regard to MSR in the …” „… achieve knowledge and no aim to disseminate the findings to a scientific community.57 Since those surveys …” „… . If one understands availability as the fact that results have been achieved, this reflects the …”

ANNEX I HIGHLY MIGRATORY SPECIES S. 2050-2068

„… and its text refers to ‘the highly migratory species listed in Annex I’. This, together with the fact …” „… resources include ‘FishBase’ (www.fishbase.org) and the Aquatic Species Fact Sheets published by the FAO as …” „… species name in the event of that species becoming divided by taxonomists. Considerations of fact, such as …”

ANNEX V CONCILIATION S. 2312-2335

„… : if the disputing parties agree that third parties can state their views on the facts of the case …” „… conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as the …” „… conclusions on all questions of fact or law. It also reiterates the non-binding character of the conclusions …”

. Low-tide elevations S. 132-148

„… ) were said to be ‘treated as islands’ and the fact several States then favored treating drying rocks as …” „… addressed in UNCLOS in the case of LTEs; but in fact such jurisdictional capacity is at least necessarily …” „… disputed area’ (ibid., 702 (para. 138), and that it was not in a position to ‘make a determinative finding …”

. Contiguous zone S. 255-273

„… . And in fact, from its very beginning, the law of the sea landscape was very much dominated by …” „… , seconded and driven by hard, primarily economic facts: At times, smuggling seriously impaired revenues from …” „… / Dissenting) or statements of Counsel before the Court rather than to actual findings of the Court itself. 23 …”

. Normal baseline S. 46-61

„… is thus determined solely by the land (in fact by certain salient points of the land). This is a …” „… observed; it is not a fixture on the ground that can easily be ascertained.32 Finding the low-water line …” „… evidence, e. g. observable facts, indicate that the chart does not meet this level of quality, the basis …”

. Rights, jurisdiction and duties of the coastal State in the exclusive economic zone S. 419-438

„… fact that the term ‘jurisdiction’ as used in Art. 56 (1)(b) ought to be considered as a proxy for the …” „… the fact that the regime of the EEZ is, as evidenced by the wording of Art. 56 (1)(a), in principle …” „… abatement’ (which was dropped in light of the fact that the respective rights and duties were going to be …”

. Delimitation of the territorial sea between States with opposite or adjacent coasts S. 150-168

„… of the median line as a basis for delimitation […].’4 Judging from the fact that few major …” „… despite the fact that the breakups in more recent years of big federal entities such as the USSR and …” „… provided for in some States’ maritime legislation.76 22 To some extent this makes up for the fact that …”

. Artificial islands, installations and structures in the exclusive economic zone S. 465-481

„… (1). At the same time, the fact that Art. 56 (1)(b)(i) allocates jurisdiction to the coastal State …” „… fact that they can be moved from one site to another without losing its identity.40 13As stated, the …” „… demonstrated by referring to the fact that the obligation to remove has been subjected to three caveats, namely …”

. Promotion of the development and transfer of marine technology S. 1765-1775

„… intended role turned out to be very controversial. Much negotiating energy was spent on finding a …” „… Technology25 had so far deterred them from putting their cards on the table, a fact which prompted some G77 …”

ANNEX VI STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA S. 2335-2466

„… It is in fact difficult to evaluate those criteria objectively. It is also difficult to determine the …” „… ’ terms of office and in the light of the fact that 1 UNCLOS III, Informal Single Negotiating Text (Part …” „… prohibiting engagement in any ‘occupation of a professional nature’. This reflects the fact that, at this …”

. Internal waters S. 85-97

„… fact that it is also used to indicate inland waters, or the sum total of inland waters and “territorial …” „… considerable number of writers disagree with this finding, and it does not seem to have had a decisive …”

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

„… findings of an environmental assessment ( Arts. 204–206), but no actual or planned activity or other …” „… by the fact itself and no other reasons such as threat or hazard to neighbouring areas are needed …” „… widespread and they also can be pre-damaged. Their specific ecological value lies in the fact that endangered …”

. Protection of the marine environment S. 1008-1029

„… of ‘pollution’ and ‘harmful effects’ are interlinked in the Convention. Due to the fact that the …” „… scientific findings, technological development, as well as potential new mining methods. At the same time …” „… and Exploration of mineral resources, but not on Exploitation. However, the fact that the Authority …”

Titelei/Inhaltsverzeichnis

„… .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 2505 Article 5. Fact finding …”

Index S. 2554-2619

doi.org/10.5771/9783845258874

- Patent Litigation in Germany, Japan and the United States

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Johann Pitz, Atsushi Kawada, Jeffrey A. Schwab

Patent Litigation in Germany, Japan and the United States

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

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. Fact Finding S. 64-73

„… size: 160.00mm 240.00mmPart 3Fact FindingBefore starting a dispute in patent matters, the kind and …” „… measuresfor fact finding because they provide the possibility of detention and examination ofsuspect goods not …” „… Schulte/Rinken/Ku¨hnen, § 140 c No. 38.6 BGH GRUR 2010, 318 – Lichtbogenschnu¨rung.Part 3. Fact Finding42Reemers …”

Index S. 224-231

„… f.Experts– Germany 126 f.– USA 14 f.Fact finding (G) 41 ff.– information claim 43– inspection claim 41 f …” „… obligation 43 f.– seizure by customs authorities 42 f.– test-purchase 41Fact finding (J) 44 ff.– collecting …” „… – seizure by custom authorities 46– test-purchase 44Fact finding (USA) 47 ff.– government participation 49 …”

. Infringement proceedings S. 146-173

„… handled on the basis of the technical facts. Since August 2002, attorneysat-law admitted to the local …” „… fact that are in disputebetween the parties, the court may issue an order to take evidence …” „… evidence. This is consistently the case when facts relevant for thedecision have been substantively …”

. Procedural principles S. 174-215

„… court’s competence for fact finding has been limited by the reform ofcivil procedure in Germany and the …” „… (invalidity) iswell-founded, the court will find that the utility model is invalid – which finding is …” „… mmthe court. Generally, the court will not investigate the facts ex officio. It is therefore theburden …”

. Claims of the patent holder and objections of the infringer S. 74-123

„… , which must render findings of facts and conclusions of law supporting the court’sdecision (FRCP 65(a …” „… patentee an accountof all substantial facts necessary for the calculation of patentee’s damages, such as …” „… exception to the principle of German law that the plaintiff must allegeand prove all facts supporting his …”

Titelei/Inhaltsverzeichnis S. 1-23

„… ............................................................................................... 39Part 3. Fact Finding …” „… ........................................................... 159(2) Exemption of certain facts from the burden of proof …” „… ............................................................................................. 172(1) Responsibilities of parties to state facts and to submit proofs …”

. Matter of infringement S. 40-63

„… 28.11.2014 11:04:333B2 9.1.580; Page size: 160.00mm 240.00mmThe fact that the modified solution was not yet …” „… Patent in thecontext of an equivalent infringement of the patent30. In such a case, the fact that …” „… “Antriebsscheibenaufzug – drive pulleyelevator”43, the BGH confirmed these findings: in that case, defendants offered …”

. Survey S. 24-39

„… appeal procedure the court covers matters of fact andlaw. The case is argued based on facts and evidence …” „… .” This is a much higher standard ofproof. It requires that the trier of the facts is left with a clear …” „… findings and conclusions tothe other party before trial in a written report and the parties are permitted …”

doi.org/10.5771/9783845259031

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

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

Frieden in Freiheit - Peace in liberty - Paix en liberté

2008

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

„… The International Humanitarian Fact-Finding Commission: An Awakening Beauty?∗ Elzbieta …” „… the International Humanitarian Fact-Finding Commission – the body constituted in 1991 pursuant to …” „… Widely Accepted Beauty”. 1. International Humanitarian Fact-Finding Commission as a mechanism of …”

Andreas Zimmermann Durchsetzung des Völkerrechts zwischen Fragmentierung, Multilateralisierung und Individualisierung S. 1089-1100

„… Staatenberichtsverfahren als Instrument internati- Zimmermann 1085 Fact-Finding etwa nach Art. 90 des Ersten …” „… über bürgerliche und politische Rechte) (1987). 41 J. Ashley Roach, The International Fact-Finding …” „… Cross (1991), 167; Francoise Krill, The International Fact-Finding Commission: The ICRC's role …”

Rainer Hofmann International Protection of Human Rights and International Territorial Administration: A Legal Black Hole S. 135-154

„… accepted as a – regrettable – fact. This assessment is based on the pertinent findings of Council of …” „… to be generally accepted today. This might have to do with the fact that their practice, in …” „… notwithstanding the fact that KFOR (and UNMIK) were unable to prevent the pogrom-like violence which erupted on …”

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

„… , on the contrary, had a dual structure with separate political and fact-finding organs. Although it …” „… before which the parties appear, it is a political organ that performs an essentially fact-finding …” „… be considered as evidence of the damage suffered52, or rather as fact-finding activities, which was …”

Christoph Vedder Völkerrechtliche Streitbeilegung in der Confidentiality Commission der OPCW S. 351-362

„… (“mediation”), Untersuchung (“fact-finding”), Vergleich (“conciliation”) und schiedsgerichtliche Entscheidung …” „… der Kommission. Das in den OP englisch als fact-finding bezeichnete Untersuchungsverfahren beinhaltet …” „… allerdings nicht eine fact-finding mission des im Rahmen der UN üblichen Typs7, sondern ist ein auf die …”

Anthony Carty The Irish Government’s Neutrality, the Nuremberg Trials and After S. 375-386

„… O’Driscoll, Dublin, Four Courts Press, 2004. 2 This fact was brought to my attention by Dr Mervyn …” „… problem of retroactivity of criminal law, he alerted me to the fact that this was not the position of the …” „… evening and in fact it was submitted to de Valera on 10th October 1946.6 The first note, entitled …”

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

„… the organizations. II. The Behrami and Saramati cases 1. The Facts The cases brought before the …” „… legal problems; both originated in the dire facts related to the military activities in Kosovo. The …” „… Behrami case deals with the fact that children, including two sons of Mr. Behrami played in Mitrovica …”

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

„… the extent that it was often called the IMF’s A+ student, exemplifies the general finding of a …” „… fact that such rescheduling was promoted by the US government under the Brady Plan was not turning the …” „… . 1994) (finding of a direct effect in the United States under the commercial activity exception to the …”

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

„… stored before being returned to the mine is so long that those guarantees cannot in fact be provided …” „… surplus electricity is sold.” The court appears to rely on the fact that the main product of the …” „… ECJ’s finding that the petroleum coke was not waste in the circumstances of the case was unaffected by …”

Heike Spieker The Conduct of Hostilities and the Protection of the Environment S. 753-780

„… weapons in armed conflict. Further more, the Human Rights Council Fact-Finding Commission considered the …” „… regulation and the fact that the prohibition of causing certain negative effects on the natural environment …” „… having at least the effect of protecting the natural environment or elements of it. The very fact of the …”

Christian Tomuschat Pacta sunt servanda S. 1059-1078

„… with the basic principle of State sovereignty. In fact, if the sovereign State constitutes the primary …” „… . In fact, pss constitutes a determinative feature of the entire edifice of international law. It …” „… fact, reference is made11 to a sentence which appears in Cicero’s work “De officiis”, where it says …”

Inhaltsverzeichnis S. 7-12

„… The International Humanitarian Fact-Finding Commission: An Awakening Beauty? 481 Djamchid Momtaz …”

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

„… importance - third party mediation (Algeria). 12 See the contributions in R. Lillich (ed.), Fact-Finding …” „… : Actors on and behind the scene are not guided primarily by the quest to establish the facts and the law …” „… legal responsibility and thus to hide facts behind a broad smoke screen of uncertainty. First and …”

Autoren der Festschrift S. 1291-1298

„… ; Vice-President of the Polish Red Cross, Vice-President of the International Humanitarian Fact Finding Commission …”

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

„… occurred since the adoption of the Charter. That is a victory for law. 11 For a discussion of the facts …” „… convincing evidence that the attack is in fact occurring.29 When Israeli jets bombed the nuclear reactor …” „… 51 had become part of customary international law owing to the fact that they were so widely …”

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

„… incorporation of gender provisions in all mandates of UN missions, including fact-finding missions. As …” „… valuable resources (e.g. talents, skills, language); such an approach would ignore the fact that women …” „… peace-maker”.47 As a matter of fact, the inclusion of women in the meaning of an “add women and stir …”

Marco Sassòli Human Shields and International Humanitarian Law S. 579-590

„… conflicts,8 all findings are also valid for noninternational armed conflicts. II. The Prohibition The use …” „… advantage and the civilian losses, could be influenced by the fact that the latter were provoked by the …” „… . Sassòli 578 complain when inevitable, although regrettable, civilian casualties result.”53 The fact that …”

Eric David La responsabilité internationale de l’Etat après l’aff. Bosnie c/ Serbie S. 877-884

„… . journalists, the majority of the ICJ’s judges appear in need of a basic course in Fact-Finding” in Notes from …”

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

„… for Burundi and the SC authorized the dispatch of a small UN team to Burundi for fact-finding and …” „… Meeting on Burundi undertook a fact-finding mission from 5 to 7 September 2007. The political situation …” „… determination to contribute actively to the resolution of all outstanding issues. Based on the fact-finding …”

Volker Epping Ius post bellum – Völkerrechtliche Grauzone und Flickenteppich S. 77-92

„… : Fact-finding as a Means of Ensuring Respect for International Humanitarian Law, in: W. Heintschel von Heinegg …”

Bibliographie Michael Bothe S. 1265-1290

„… of Global Environmental Change, Cambridge 2006, S. 539-558. • Fact-finding as a means of Ensuring …”

doi.org/10.5771/9783845209593

Thomas Rotsch - Criminal Compliance - Status quo und Status futurus

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Thomas Rotsch (ed.)

Criminal Compliance - Status quo und Status futurus

Series: Schriften zu Compliance

Volume 18 2021

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Carsten Momsen Attorney-Client Privilege und strategische Compliance? Zum Verhältnis von »Fact Finding«, Individualverteidigung und Unternehmensverteidigung auf Basis des Entwurfs eines Gesetzes zur Bekämpfung der U... S. 185-210

„… 185 Attorney-Client Privilege und strategische Compliance? - Zum Verhältnis von »Fact Finding …” „… ? 189 2. Differenzierung von Individualverteidigung, Verbandsverteidigung und Fact Finding Etwas …” „… evidence-gathering or fact-finding investigations by speaking to that individual's current employees, his …”

Titelei/Inhaltsverzeichnis

„… »Fact Finding«, Individualverteidigung und Unternehmensverteidigung auf Basis des Entwurfs eines …”

doi.org/10.5771/9783748922117

Stephan Barton, Marieke Dubelaar, Ralf Kölbel, Michael Lindemann - 'Vom hochgemuten, voreiligen Griff nach der Wahrheit'

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Stephan Barton (ed.), Marieke Dubelaar (ed.), Ralf Kölbel (ed.), Michael Lindemann (ed.)

'Vom hochgemuten, voreiligen Griff nach der Wahrheit'

Series: Interdisziplinäre Studien zu Recht und Staat

Volume 56 2018

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Marieke Dubelaar Use of scenarios in evidential reasoning from a continental law perspective S. 147-178

„… one of them. Adherents of this approach see it as a way of improving the accuracy of fact finding in …” „… substantive truth-finding arises from »the premise that there are objective, self-evident ‘facts in the …” „… good relations with other countries.14 The fact that truth-finding is not the sole aim reflects on …”

Anna Sagana The downward spiral of biases in criminal investigations: From eyewitnesses to forensic experts and judges S. 133-146

„… preconceptions to forensic experts, who in turn com- Anna Sagana 134 municate biased findings to judges, who …” „… , elaborations that bridge across and interpret the fact, as those obtained in Tversky & Marsh (2000) experiment …” „… information that was in line with the dispositional rather than the situational explanation. These findings …”

Dave van Toor Will neuroscience revolutionize criminal interrogations? S. 179-198

„… operable case facts restricts applicability of the guilty knowledge technique in FBI criminal polygraph …” „… . Podlesny, A paucity of operable case facts restricts applicability of the Guilty Knowledge Technique in …” „… paucity of operable case facts restricts applicability of the Guilty Knowledge Technique in FBI criminal …”

doi.org/10.5771/9783845290805

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