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Thomas J. Main - The Rise of Illiberalism

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Thomas J. Main

The Rise of Illiberalism

2022

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Interests S. 233-276

„… 2337InterestsThe Limits of Interest-Group Politics, AgainTo recapitulate the dilemma of liberal …” „… democracy this book seeks to ad-dress: That form of government features an interest-based, pluralistic form …” „… liberal democracy encourage the formation of a wide range of interest groups. As James Madison argued …”

Ideas S. 145-205

„… , i-xii_1-342.indd 153 9/8/21 12:09 PM154 THE RISE OF ILLIBERALISMcome class interest and bias, and …” „… . . . translate their interests in a way that facilitates communication and compromises among different involved …” „… purely objective, neutral, and outside human interests. . . . To illustrate the concept of knowledge as …”

Irony S. 206-232

„… of illiberalism. That step is taken in chapter 7, on interests.But before moving on from ideas to …” „… interests, there are still some issues regarding ideas to be addressed. More needs to be said about how new …” „… question is that “we” are members of the same race, whose interests and thoughts are determined by race …”

Identity S. 80-144

„… 804IdentityThe Limits of Interest-Group PoliticsSince Madison’s defense of the American …” „… which a multiplicity of interest groups—Madison’s term is “factions”—compete for power, limit each …” „… , interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little …”

Index S. 327-0

„… Indexpolitics and, 210–11; interest groups and, 80–81, 239–42collective identity: American, 137–43, 144t …” „… , 264–65; institutional changes to ease, 266–68; interest groups and, 234–35; need for, 275–76 …” „… ; ideational politics in, 151–52, 281–82; intellectuals in, 159–61; interest groups and, 245; irony in, 212–13 …”

Conclusion S. 277-288

„… of new ethnic, racial, and gender interest groups wanting their piece of the pie must be accommodated …” „… approach to interest-group politics is needed. It must be one that accepts and even celebrates the arrival …” „… of new interest groups into liberal democratic politics. But it must also recognize that adding more …”

Illiberalism in American Political Culture Today S. 1-9

„… content they carry than they do now.Chapter 7 is devoted to interests, the final major aspect of political …” „… life covered here. Interests are a major motivation behind political action. Even if the United States …” „… ideas, the power of inter-est groups will remain strong and the well-known problems of pluralis-tic …”

The Audience for Illiberalism Today S. 22-79

„… especially had interests that extended far beyond obvious illiberal groups and devoted attention to …” „… the Hard-Core sites, nonetheless the illiberal sources we consulted saw something of interest to them …” „… American politics, but the edi-tors at the illiberal sources saw something of interest in them too. Some of …”

Preface

„… Democracy? 10 3 The Audience for Illiberalism Today 22 4 Identity 80 5 Ideas 145 6 Irony 206 7 Interests …” „… , took an interest in my work and helped me to clarify my thinking. My par-ents, George Main and …”

Notes S. 289-326

„… interest was to ‘Bring the Troops Home,’ when in fact their agendas embraced a radical menu that was …” „… Feminism Revisited’: Can Democratic Values and Interests Ever Play a Rationally Justifiable Role in the …” „… the literature questioning the primacy of self-interest in politics remains Jane J. Mansbridge, editor …”

doi.org/10.5771/9780815738503

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Udo Reifner

Using Money

Series: Schriften des Instituts für Finanzdienstleistungen e.V.

Volume 13 2007

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Self-Interest and Public Interest S. 20-21

„… to be indispensable. Self- Interest and Public Interest Do ethics therefore amount merely to charity …” „… sympathy, altruism, prudence, propriety and benevolence, and also self-interest. His discovery was that …” „… the concept of self-interest, the closer it came to the common good, precisely because we are …”

Legitimacy of Interests S. 63

„… 63 interest merge more closely. Thus, the findings of the UN weapons inspectors and the …” „… . Legitimacy of Interests Why don’t we just ask about the legitimacy of the interests involved and put up with …” „… , making possible tilted interest rates and higher refusal rates for small businesses and even consumers …”

Public Interest Organisations S. 122-124

„… . Public Interest Organisations In 1999 a major activity undertaken by IFF consisted was that of …” „… credit by applying different interest rates according to customer income levels, on the consumer impact …”

The Different Facets of the Truth S. 61-63

„… to vested interests and their mindset. We may even have to pay for lack of honesty with a war. At …” „… blame for the crisis in banking. Consumers and small entrepreneurs do not want to pay the interest and …” „… pay double the rate of interest.” Provident in the UK and the new Citibank subsidiary are the typical …”

Money as a Security S. 49-59

„… . Banks also act as insurers when they enter into credit agreements, guarantee interest rates and spread …” „… . Credit transactions present the same picture. The move from credit at a fixed interest rate, leaving the …” „… risk of interest rate changes at the door of the banks, to variable interest rates, which place the …”

Jurisprudence and Morals S. 44-45

„… . This judicial precedent, like the administrative upper limits imposed on interest rates in Holland …” „… end of 2004, thus prohibits the automatic accrual of interest charges on current accounts, which …” „… causes an avalanche of interest because of the interest charged on interest. All continental European …”

Against Social Discrimination S. 45-46

„… 2004, thus prohibits the automatic accrual of interest charges on current accounts, which causes an …” „… avalanche of interest because of the interest charged on interest. All continental European legal systems …” „… set statutory upper limits on interest on arrears, because the market is no longer producing …”

Truth as a Source of Legitimacy S. 63-65

„… 63 interest merge more closely. Thus, the findings of the UN weapons inspectors and the …” „… . Legitimacy of Interests Why don’t we just ask about the legitimacy of the interests involved and put up with …” „… , making possible tilted interest rates and higher refusal rates for small businesses and even consumers …”

The “Charity” S. 19-20

„… social class appears to be indispensable. Self- Interest and Public Interest Do ethics therefore amount …” „… discovered the virtues of sympathy, altruism, prudence, propriety and benevolence, and also self-interest …” „… the more long-term the concept of self-interest, the closer it came to the common good, precisely …”

Financial exclusion in Modern Societies S. 82-90

„… supply of credit is limited only by the future prospects of the borrower to pay the interest and the …” „… pace. Just as nations compete in reducing taxes and public spending by privatising public interest …” „… out publicly against the new product of Citibank Germany that offers interest rates in consumer credit …”

Usury and Bribery S. 15-18

„… the interests of their sponsors, when our New Year’s Letter before last explicitly cost us a major …” „… maximum interest rates. Pre-paid indemnities, covering bank losses tenfold on redemption, penalise divorce …” „… , unemployment and employment mobility, just as excessive interest rates exploit misfortune on discontinuance of …”

“Creditworthy Lenders” S. 35-38

„… to interest as a driving force. There is no need. Credit institutions are literally spenders of trust …” „… significant than the payment of interest. The image of a bitterly disappointed lender, waiting in vain for …” „… Banks foundation, brought the level down to 13%. Extortionate interest rates on credit card loans and …”

Trust is Good for the Economy S. 33-35

„… overdraws on his account, his bad faith is addressed through enhanced interest rates applicable to provision …” „… with its own interests. Following selfserving investment advice in relation to junk bonds, the failure …” „… to adjust variable interest rates in relation to savings, loans and mortgage agreements, unidentified …”

The Social policy of the Financial Sector S. 69-70

„… on merging competition with social interests in the financial services sector. Promotion of the …” „… existential interests of consumers, small businesses, the homeless and non-profit institutions should be the …” „… , negative interest finance for the unemployed in Wörgl or indeed Argentina, exchange networks and the LETS …”

Ghetto Economy in the US S. 75-78

„… self-regulation doesn't work, and they themselves have no interest in participation. Instead of going under with …” „… frequencies, whose effective rate of interest had to be corrected from 21.74% p.a. to 35% p.a. to take the …” „… existing banks. Credit at extortionate rates of interest is not legitimate even if it arises from the …”

Titelei/Inhaltsverzeichnis S. 2-10

„… ” 19 The “Charity” 19 Self- Interest and Public Interest 20 The Ethical Personality and Actions 21 …” „… Interests 63 Truth as a Source of Legitimacy 63 8 Money as Virtual Information 65 Inappropriate Products …” „… Economy 122 Public Interest Organisations 122 A Socially Responsible Proposition: “Micro-lending”and …”

Profit is the Power Engine of the Economy S. 102-104

„… created shares. A dividend of 12% cost the company interest of less than 1/2% if the new shares can be …” „… all, extended with higher interest rates or additional risk insurance and especially lowered in …” „… for their health budget will show more sensibility towards interest rates in savings. The run away …”

International Challenge S. 115-117

„… about the high interest rates of the related credit and data protection problems. According to the …” „… topics on mutual interest rewarding and asked for similar events in 1996. We would like to include …” „… quality for the client (SALIS: Security, Access, Interest Rate, Liquidity, Social Responsibility) as well …”

Has Consumer Protection in Financial Services failed in the EU? S. 133-134

„… Law and Economic Interests, had no tenders out for 2004. Projects in other divisions were cancelled …” „… interest to the finance sector at present. When political institutions are over-extended by their daily …” „… faculties, lawyers and economists, have so far not shown any interest in this occurrence. iff is independent …”

Second Best S. 107-108

„… 107 money and pay the interest. But this factor presently is more of a disadvantage because mankind …” „… hirarchy between investment goals like Security, Access, Liquidity, Interest and social responsibility. Of …” „… bankruptcy schemes as well as laws that limit default interest rates and debt collection practices may have …”

Armatya Sen and the American Economy S. 91-92

„… standards for individual retirement plans, limitation of default interest rates or usury ceilings in credit …” „… then satisfy, as Sen puts it, his or her “agency interest” which appreciates Mother Theresa of Calcutta …” „… interest through individual labour may then become an economic factor to stimulate economic growth even …”

Competing for Something instead of against Somebody S. 67-69

„… of fair competition must therefore be defined in the interests of society as a whole. If economic …” „… social interests in the financial services sector. Promotion of the existential interests of consumers …”

Financial Literacy and Prevention of Over-Indebtedness S. 131-133

„… restrictions such as those imposed on usury, as well as the rules relating to interest on arrears and debt …” „… work. The financial services and consumer protection division, now re-named Law and Economic Interests …” „… conference from the “bottom up”, because sustainability does not appear to be a subject of interest to the …”

Facilitating Self-determined and Effective Consumption S. 59-61

„… by Dostoyevsky. Adam Smith’s search for profit in the interest of the common good turns into the …” „… of leaving them to get rid of our junk. But that involves high interest rates for short-life products …” „… health service to vested interests and their mindset. We may even have to pay for lack of honesty with a …”

“Community Responsibility in Financial Services” S. 113-115

„… interests and the necessity to strive for membership. One third of our work still remains dedicated to basic …” „… successfull because people became suspicious of its merits when they learned about the high interest rates of …” „… iff. Especially bankers found this type of direct talks on topics on mutual interest rewarding and …”

Usury: Thresholds and Prohibition S. 47-49

„… interest in elections for that distant country, which would seem to govern them like a colonial power …” „… European level over the economy. A broad coalition of all organisations representing human interests is …” „… according to the best interest rate for the highest incomes, not the worst, should be challenged for …”

Social responsibility S. 69

„… on merging competition with social interests in the financial services sector. Promotion of the …” „… existential interests of consumers, small businesses, the homeless and non-profit institutions should be the …”

Social Finance S. 70

„… lending). "Ghetto currencies“ such as "Knochengeld" in Prenzlauer Berg, negative interest finance for the …” „… , step-bystep lending, negative interest finance). Activists within these systems are social politicians rather …”

Financial Services and Poverty S. 78

„… , fixed interest, cap, futures, warranty, guarantee etc.), the challenge is to construct these instruments …” „… , in which even those not directly affected would adopt social risks in the collective interest …”

Using Money rather than Having it S. 28-32

„… loan agreement is concluded as well. There is little interest in this concept in Brussels, which is …” „… the takeover company Vodafone, whose interests were obviously in conflict with those of Mannesmann AG …” „… 470/04 32 perspective and interest intervene, just like the renowned controversy over the years about …”

Expertises and Projects S. 144-146

„… and the defence of the consumer interest in the European Community 1990 Logiciel de conseils en …” „… Union Member States mandated 146 Comments on the DTI Study: "The effect of interest rate controls in …”

Discrimination of Asocial Conduct creates Social Behaviour S. 70-71

„… lending). "Ghetto currencies“ such as "Knochengeld" in Prenzlauer Berg, negative interest finance for the …” „… , step-bystep lending, negative interest finance). Activists within these systems are social politicians rather …”

“Export Finance for Engineers“ S. 141-142

„… carry out its specialist work as an intermediary between consumers and financial interests in creative …” „… done using current criteria. The school banking project has been of considerable interest to banks and …”

Charity – “Love Thy Neighbour” S. 38-39

„… , and enabling his economic survival. There are limits to usury and interest rate caps, which operate as …” „… possessions. Financial service providers justify this as efficiency when they base interest rates on income …”

Banks only manage the Money for Others S. 32-33

„… 32 perspective and interest intervene, just like the renowned controversy over the years about …” „… moneylaundering. If a person overdraws on his account, his bad faith is addressed through enhanced interest rates …”

The Customer’s faith S. 92-93

„… , his or her “agency interest” which appreciates Mother Theresa of Calcutta in the same way as Bill …” „… Gates of Silicon Valley. Trust in others’ efforts to further the public interest through individual …”

The Political Agenda S. 106-107

„… debtor to lend the 107 money and pay the interest. But this factor presently is more of a disadvantage …” „… to describe the hirarchy between investment goals like Security, Access, Liquidity, Interest and …”

Iff Publications S. 121-122

„… compensatory state action. Public Interest Organisations In 1999 a major activity undertaken by IFF consisted …” „… discriminating in consumer credit by applying different interest rates according to customer income levels, on …”

Berlemont: The 26<sup>th</sup> state of the EU? S. 46-47

„… interest in elections for that distant country, which would seem to govern them like a colonial power …” „… European level over the economy. A broad coalition of all organisations representing human interests is …”

The Euro will Catalyse S. 104-105

„… own pension scheme and care for their health budget will show more sensibility towards interest rates …” „… pay their clients the day when current accounts were allowed to pay interest had to be paid out of …”

A Year of Auditors and Authorities S. 138-139

„… each other,” brought together banks, bank customers and people with an interest in banks to discuss the …” „… , for designs for pension advice schemes. The press receives support when their interest goes beyond …”

The Private Sector as a New Research Partner S. 139-140

„… together banks, bank customers and people with an interest in banks to discuss the issue of social …” „… advice schemes. The press receives support when their interest goes beyond sensationalism. We are kept …”

Reconcilng Egoism wth Solidarity S. 78-80

„… , fixed interest, cap, futures, warranty, guarantee etc.), the challenge is to construct these instruments …” „… , in which even those not directly affected would adopt social risks in the collective interest …”

Final Quality Testing for the Economy S. 125-127

„… interest and control to the demand and supply side as well as to the political sphere. The increasing …” „… application of the results. Our interest in applying the best ideas even to the needs of the most vulnerable …”

Group-Orientation of Bank Outlets, Financial Literacy, Pensions and Start-ups S. 127-129

„… application of the results. Our interest in applying the best ideas even to the needs of the most vulnerable …” „… financial services in their five dimensions, security, access, liquidity, interest and social responsibility …”

The Ethical Personality and Actions S. 21-23

„… . Providers should activate this knowledge in their own interests in order to design their offering …” „… become a football for interest groups. Governments have handed over sociological consumer research to …”

Introduction S. 11-15

„… business, still prevails, how partisanship for consumer interest can be in harmony with sponsoring and 15 …” „… interests of their sponsors, when our New Year’s Letter before last explicitly cost us a major contract, and …”

English Publications (only books) S. 144

„… and the defence of the consumer interest in the European Community 1990 Logiciel de conseils en …”

Current International Projects 2007 S. 146

„… 146 Comments on the DTI Study: "The effect of interest rate controls in other countries” Ethics and …”

Principals (International Organisations) S. 146

„… 146 Comments on the DTI Study: "The effect of interest rate controls in other countries” Ethics and …”

More Openness in the Banking Sector S. 141

„… carry out its specialist work as an intermediary between consumers and financial interests in creative …”

Low-Income Banking S. 108

„… well as laws that limit default interest rates and debt collection practices may have equal effects. We …”

Media and a Critical Public S. 125

„… interest and control to the demand and supply side as well as to the political sphere. The increasing …”

The State and the Law: Payment and Bankruptcy Law S. 125

„… interest and control to the demand and supply side as well as to the political sphere. The increasing …”

Outlook for the year 2007 S. 142

„… interest to banks and Sparkassen, and will be expanded this year with a further module entitled “retirement …”

Cooperation with the University of Hamburg S. 142-143

„… interest to banks and Sparkassen, and will be expanded this year with a further module entitled “retirement …”

Banker’s Characters S. 43-44

„… . This judicial precedent, like the administrative upper limits imposed on interest rates in Holland …”

A Socially Responsible Proposition: “Micro-lending” and Adjusted Financial Products S. 124-125

„… maintaining long term interest and control to the demand and supply side as well as to the political sphere …”

Ethics S. 18-19

„… . Interest was seen as synonymous with usury from the time Aristoteles was writing until 19th century France …”

“Perfection of Life or of Work?” S. 90-91

„… individual retirement plans, limitation of default interest rates or usury ceilings in credit contracts or …”

A unified Market S. 98-99

„… or simply to get higher interest rates abroad. The electronic purse created via smart cards that give …”

iff as a Small Business with Big Radiation – Some Figures S. 134-135

„… passing without comment. The new faculties, lawyers and economists, have so far not shown any interest in …”

“Consumers and the Law“ S. 136-137

„… stimulate con-137 siderable interest. With the energetic support of our Chair, Frau Prof. Dr. Marlis Dürkop …”

International Coalition Building S. 140-141

„… intermediary between consumers and financial interests in creative product development, testing, critical …”

Competition and Responsibility S. 39-40

„… justify this as efficiency when they base interest rates on income, ratings on creditworthiness or …”

The public aspect in private economy S. 108-109

„… well as laws that limit default interest rates and debt collection practices may have equal effects. We …”

Debt and Credit Advice S. 117-118

„… national data base in their respective language focused on issues of interest for „stake holders“ in …”

Our Services S. 137-138

„… 137 siderable interest. With the energetic support of our Chair, Frau Prof. Dr. Marlis Dürkop, we …”

Money is an Irrigation System S. 101-102

„… interest of less than 1/2% if the new shares can be sold at the present market price. This is the case for …”

Expansion of the FIS-Database S. 118-119

„… language focused on issues of interest for „stake holders“ in financial services will show that …”

Confronting Fatalism S. 95-98

„… interest rates abroad. The electronic purse created via smart cards that give every bank the opportunity to …”

No Capital – no Demand S. 72-75

„… down, social self-regulation doesn't work, and they themselves have no interest in participation …”

doi.org/10.5771/9783845204529

Marc Bungenberg, Jörn Griebel, Stephan Hobe, August Reinisch - International Investment Law

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Marc Bungenberg (ed.), Jörn Griebel (ed.), Stephan Hobe (ed.), August Reinisch (ed.)

International Investment Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

John Y. Gotanda VIII. Interest S. 1142-1153

„… VIII. Interest John Y. Gotanda A. Introduction …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Authority to award Interest …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 D. The Interest Period …”

Carsten Kern VI. Transfer of Funds S. 870-886

„… is therefore evidently in the interest of the foreign investor. On the other hand, there can be valid …” „… modern investment treaties which reconcile the interests of those concerned. The present chapter will …” „… investment treaties (balancing the contrasting interests of investors and host States in this context). It …”

Irmgard Marboe V. Valuation in Cases of Breach of Contract S. 1103-1114

„… . Reliance Interest and Expectation Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 C …” „… well-known in the history of contract law, namely that of ‘reliance’ and ‘expectation’ interest. Reliance …” „… Interest and Expectation Interest The distinction between expenses undertaken and profits lost in the case …”

Markus Krajewski III. Investment Law and Public Services S. 1629-1643

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Public Services and International Commercial Interests. . . . . . . . . . . . . 10 C …” „… regard to investment law.4 Despite this apparently limited interest concerning the relationship between …” „… international commercial interests for the provision of public services (B.). The next section suggests some …”

Ursula Kriebaum VIII. Expropriation S. 959-1030

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Protected Interests …” „… Foreign Property’ (1941) 35 AJIL 243–262; Rosalyn Higgins, Conflict of interests; international law in a …” „… Takings: Balancing the Interests of the Investor and the State’ (2007) 8 JWIT 717–744; Wolfgang Kühn and …”

Christian Tietje XI. Investment Law and Sovereign Wealth Funds S. 1802-1816

„… Canada with the Alberta Heritage Savings Trust also in 1976.1 However, scholars and politicians’ interest …” „… motivated by rational-economic considerations, but presumably driven by irrational political interests.4 …” „… central banks, prevention of national economic crises and supporting strategic interests of the home …”

Stephan Hobe I. The Development of the Law of Aliens and the Emergence of General Principles of Protection under Public International Law Stephan HobeThe Development of the Law of Aliens S. 6-22

„… States protecting the interests of their nationals abroad by all possible means, be they political …” „… of international law’15 and in 1926 in the case Concerning Certain German Interests in Polish Upper …” „… Case Concerning Certain German Interests in Polish Upper Silesia (Germany v. Poland), 1926, PCIJ Series …”

Jan K. Schäfer I. Alternatives to Investment Arbitration S. 1186-1211

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. Academic Interest in ADR in Investor-State Disputes. . . . . . . . . . . . . . . 48 a) The Coe …” „… underlying interests and concerns. In a one-to-one session with the mediator, disputants may be more frank …” „… about their interests and concerns and less confrontational and emotional, thereby giving the mediator …”

Catharine Titi IX. International Investment Law and Good Governance S. 1768-1783

„… relations économiques transnationales’ (2002) 300 RCADI 79–293; Andreas Kulick, Global Public Interest in …” „… soft law instruments or it is to be found in ‘positive language’ on this regulatory interest in …” „… Interest in International Investment Law (Cambridge University Press, 2012) 317 et seq., especially pp …”

Christina Binder IV. Circumstances Precluding Wrongfulness S. 442-480

„… particular interest in view of the specific features of international investment law. Investment …” „… preservation of a State’.5 Consequently, and given the importance of the interest involved, no rules were said …” „… to safeguard an essential interest against a grave and imminent peril; and (b) Does not seriously …”

Chester Brown I. The Evolution of the Regime of International Investment Agreements: History, Economics and Politics S. 153-185

„… modern-day international investment agreements (IIAs) was inspired by the diverse economic interests of …” „… entered into many further treaties for the protection of commercial and trading interests.10 It is …” „… business interests of foreigners’, rather than investments.24 The content of FCN treaties developed over …”

Christoph Schreuer V. The Future of International Investment Law S. 1904-1912

„… by pursuing their interests through international arbitration. But there has been little foresight …” „… process of shaping the system has been scant if not totally absent. Interest of civil society in …” „… international investment law has been growing and is likely to continue to grow. Often this interest is …”

Stephan W. Schill XII. Multilateralization: An Ordering Paradigm for International Investment Law S. 1817-1838

„… , 2009); Bruno Simma, ‘From Bilateralism to Community Interest in International Law’ (1994) 250 Recueil …” „… particularistic interest of the parties or the strategic exigencies that may exist in any specific occurrence.5 …” „… , and usually manifests itself in rules that favour the interest of the more powerful States.7 While …”

Kaj Hobér II. Does Investment Arbitration have a Future? S. 1873-1878

„… alternative of going to local courts in the host State. Investment arbitration is also in the interest of host …” „… interests of the host State. The fact remains, however, that the number of BITs has been growing for the …” „… nature, as well as of a public interest. As a consequence, public funds, i.e. taxpayers’ money, are also …”

Andrew Newcombe B. The Americas S. 202-220

„… 1994 US Model BITs: Rebalancing Investor and Host Country Interests’ (2008–2009) YB Int’l Inv. L …” „… defender of investor interests against a hostile world of developing and socialist countries (…) In the …” „… , (…) U.S. BIT negotiators sought to achieve a balance between investor interests and host state regulatory …”

Stephan Wittich V. Investment Arbitration: Remedies S. 1391-1430

„… BIT limit a tribunal’s power to awards of monetary damages including interest and restitution of …” „… related thereto (such as calculation, causation, interest, etc.) in a particular case. But the question as …” „… property, or contractual or other economic interests of investors. Another reason is that non-material …”

Karsten Nowrot Chapter 10: Obligations of Investors S. 1154-1185

„… the course of their business activities to the promotion and realisation of other public interest …” „… Karsten Nowrot 1155 2 3 serve the public interest is not entirely new. At the domestic level, the origins …” „… these private actors to contribute to the promotion of community interests had been, beginning in the …”

Achim-R. Börner IV. Investment Law and Energy S. 1644-1676

„… their interests. By allocating scarce capital (preferably) into safe areas, investors exert a market …” „… order to safeguard valuable interests, particularly those of the general public.17 This is often …” „… ) implementation of stricter standards for the protection of aspects of public interest e.g. nature, social welfare …”

Gabriel Bottini, Veronica Lavista, Mariana Lozza E. MERCOSUR and CAFTA S. 326-341

„… together in the 1st Ministerial Meeting of Latin American States Affected by Transnational Interests and …” „… might have on their bilateral economic relations or on their interests in commerce with third States …” „… , including multilateral common interest issues.47 With the purpose of stimulating investment, the parties …”

Marc Jacob, Stephan W. Schill I. Fair and Equitable Treatment: Content, Practice, Method S. 700-763

„… interpretations and try to rebalance more clearly investor rights and public interests, thus adding further …” „… competing public interests. This underscores that the former cannot be understood as an absolute guarantee …” „… for the deployment of legal processes84 and requires that individuals whose interests are affected by …”

Joachim Steffens II. Excursus: German Political Risk Insurance S. 1552-1568

„… shares in profits on guaranteed capital investments or are to be paid as interest (earnings). Earnings …” „… remaining guarantee period. Interest will be paid in the amount of the stipulated loan interest but not …” „… exceeding the interest rate for loans of the Federal Government for meeting the expenses for the respective …”

Richard E. (Rory) Walck II. Methods of Valuing Losses S. 1045-1056

„… Business, Business Ownership Interest, Security, or Intangible Asset (AICPA, 2007); Gary Trugman …” „… interest to those who instruct them and those who must evaluate the results of their work. Subsequent …” „… , Business Ownership Interest, Security, or Intangible Asset’ (AICPA, 2007) 40–50 …”

Irmgard Marboe III. Valuation in Cases of Expropriation S. 1057-1081

„… ) public interest, (b) non-discrimination, and (c) payment of compensation, and, though not always, the …” „… that ‘prompt’ compensation should be paid, treaties are sometimes explicitly providing for interest.73 …” „… currency, compensation shall include interest at a commercially reasonable rate for that currency from the …”

Irmgard Marboe I. The System of Reparation and Questions of Terminology S. 1031-1044

„… interest in the issue of valuation in the past few years. A number of studies have recently been dedicated …” „… public interest.6 This right is considered to be part of the State’s territorial sovereignty. As regards …” „… . 1, at para. 193. 29 This should mean: ‘[D]amage to property or other interests of the State and its …”

Yun-I Kim I. Investment Law and the Individual S. 1585-1601

„… Interests and the Power to Waive ICSID Jurisdiction under Bilateral Investment Treaties’ (2004) 20 …” „… furthermore of interest whether any such (presumed) rights are confined by other rules of international law …” „… public international law under certain prerequisites, it is of particular interest if IIAs contain own …”

Kaj Hobér, Joshua Fellenbaum I. Political Risk Insurance and Investment Treaty Protection S. 1517-1551

„… outputs; new technologies; legal risk; financial risks such as interest rate and foreign exchange risk …” „… Convention sets out the requirements for eligible investments. Coverage is provided for both equity interests …” „… specific interests and acts of terrorism, kidnapping or similar acts directed against the Guarantee Holder …”

Giorgio Sacerdoti, Matilde Recanati XIII. Approaches to Investment Protection outside of Specific International Investment Agreements and Investor-State Settlement S. 1839-1862

„… , 1965); Frederick A. Mann, ‘The Protection of Shareholders’ Interests in the Light of the Barcelona …” „… authorities may be willing to protect thereby also the interests of small investors who may find it difficult …” „… acquire, own and dispose of immovable property or interests therein within the territories of the other …”

Michael Hahn I. WTO Rules and Obligations Related to Investment S. 653-670

„… future investments; (d) the interests of Members whose nationals are in a position to provide capital for …” „… pursuant to ASCM Art. 3.37 But also lesser sins are attackable, provided they harm the interests of other …” „… , arguably creating a more favourable environment for investors. TRIPS parameters are of great interest to …”

Jan Asmus Bischoff, Richard Happ A. The Notion of Investment S. 495-544

„… defines property as follows: ‘“property” includes all property, rights, and interests, whether held …” „… directly or indirectly. A member of a company shall be deemed to have an interest in the property of the …” „… company.’ Harvard Draft Convention on Responsibility of States for Injuries to the Economic Interests of …”

Index S. 1913-1952

„… CDC v. Seychelles Chapter 11 VI A 18 Certain German Interests in Polish Upper Silesia case Chapter 8 …” „… rights Chapter 8 VIII 11 – proportionality test Chapter 8 VIII 162 – protected property interests …” „… 24 FET Chapter 5 II 71 – and competing public interests Chapter 8 I 22 – application of domestic …”

Borzu Sabahi, Kabir Duggal, Nicholas Birch VI. Limits on Compensation for Internationally Wrongful Acts S. 1115-1129

„… be ‘the only way’ to protect an ‘essential interest against a grave and imminent peril.’39 The act …” „… cannot injure ‘an essential interest’ of the wronged State ‘or of the international community.’40 Where …” „… protection of [the state’s] own essential security interests.’ The relationship between the rules governing …”

Andrea K. Bjorklund B. NAFTA’s Contributions to Investor-State Dispute Settlement S. 261-282

„… has sparked a good deal of interest, both due to the Free Trade Commission’s interpretation of it and …” „… self-interest of the Party involved in defending the claim.18 Consolidation NAFTA contains an article on …” „… scope of the dispute; (c) The non-disputing party has a significant interest in the arbitration; and (d …”

Irmgard Marboe IV. Valuation in Cases of Breaches of International Law Unrelated to Expropriation S. 1082-1102

„… of the unlawful act. The rate of pre-award interest, by contrast, was only between 4 and 6.5 per cent …” „… same interest in 2006 was USD 62.5 million. See ibid., at para. 423. 68 This would have resulted in an …” „… before interest and debt repayments, discount such flows at the weighted average cost of capital (the …”

August Reinisch IV. The Likely Content of Future EU Investment Agreements S. 1884-1903

„… encompasses investment which serves to obtain a controlling interest in an enterprise […]. The consequence of …” „… interest, in a non-discriminatory way, according to due process and – most important in practice – under …” „… doctrine-inspired language trying to ensure that bona fide regulation in the public interest should not be …”

Burkhard Schöbener IV. Outlook on the Developments in Public International Law and the Law Relating to Aliens S. 64-79

„… , (1922) UNRIAA, vol. 1, 307 et seq. and Certain German Interests in Polish Upper Silesia (Germany v …” „… holding companies, which are often multinational, and considering the way in which the economic interests …” „… international law to develop from it.33 The prerequisite to this is the basic interest of the contracting States …”

Marc Bungenberg, Manjiao Chi C. Chinese Investment Law S. 221-239

„… the American Society of International Law International Economic Law Interest Group (ASIL IELIG) 2008 …” „… treaty.49 It is of interest to note that although first generation Chinese BITs tended to refer to this …” „… considerable outbound foreign direct investment.69 It is of interest to remark that since the launch of China’s …”

Henning Grosse Ruse-Khan VI. Investment Law and Intellectual Property Rights S. 1692-1713

„… protection can have a significant impact on public interests such as public health (in form of access to …” „… Public Interests Measures under TRIPS’ (2009) 22 South Centre Research Paper Series, available at …” „… beyond TRIPS (‘TRIPSplus’) primarily serves the interests of the IP-exporting negotiating parties in more …”

Marc Bungenberg, Jörn Griebel, Stephan Hobe, August Reinisch Chapter 1: General Introduction to International Investment Law S. 1-5

„… the greatest challenges of the field to provide for rules which adequately reconcile the interests of …” „… balance between the investors’ protection and host States’ interest to regulate for the protection of …” „… observing conflicting rules and interests within others. While attempts have been made to consolidate the …”

Titelei/Inhaltsverzeichnis

„… ......................................................................VII. 1130 Patrick Dumberry Interest …” „… research interests are in International Business Law and Chinese law (particularly Chinese investment and …” „… interest and national security – foreign direct investment in Australia and China,’ (2012) 34 Sydney Law …”

Pierre-Marie Dupuy, Jorge E. Viñuales VIII. Human Rights and Investment Disciplines: Integration in Progress S. 1739-1767

„… responsibility as to the organisation and management of these privatised services of general interest, the …” „… rights involved, all States can be held to have a legal interest in their protection; they are …” „… investor’s interests and a number of civil and economic rights. However, these parallels must be drawn …”

Sabine Konrad B. Protection of Investments Owned by States S. 545-554

„… comprise parent companies and their foreign affiliates in which the government has a controlling interest.2 …” „… (Series A) No. 17, 32, 39; see also Case concerning certain German interest in Polish Upper Silesia …” „… http://www.vatican.va/roman_curia/secretariat_state/archivio/documents/rc_segst_19920520_santa-sede-costa-avorio_fr.html. 12 Case concerning certain German interest in Polish …”

Morris Besch II. Typical Questions Arising within Negotiations S. 93-152

„… Petroleum, which take place after the Effective Date, and which significantly affect the economic interest …” „… appropriate approach to balance the interests of both parties. The host State could hardly agree that it may …” „… negotiating power of the parties in order to find a balance between the interests of both parties, taking into …”

Anne K. Hoffmann G. Denial of Benefits S. 598-613

„… interest to investors and host States, many of those agreements also contain so-called denial of benefits …” „… directly or indirectly the controlling interest’,3 however, this denial of benefits clause does not apply …” „… interests despite the fact that the contracting States to the treaty did not wish to accord them those …”

August Reinisch II. The Interpretation of International Investment Agreements S. 372-410

„… an expropriation has occurred. It must look at the real interests involved and the purpose and effect …” „… to the protection of the investor’s rights and interests than those in the basic treaty, such …” „… security, or the protection of its own essential security interests.’). 77 Russia–US BIT, Treaty Concerning …”

Ole Spiermann IV. Investment Arbitration: Applicable Law S. 1373-1390

„… . Sohn and Richard R. Baxter, ‘Responsibility of States for Injuries to the Economic Interests of Aliens …” „… the compounding of interest, interest being an integral part of the calculation of damages under the …” „… same effect are statutory provisions on period of limitation and interest. The award in Wena v. Egypt …”

Stephan Wittich II. State Responsibility S. 23-45

„… , public interests affecting other States or a community of States – or even the international community as …” „… responsibility has paved the way for an attenuated form of ‘responsibility in the public interest’, particularly …” „… , ‘Bilateralism and Community Interest in the Law of State Responsibility’ in Yoram Dinstein (ed), International …”

Monique Sasson III. Investment Arbitration: Procedure S. 1288-1372

„… concerned’ (Certain German Interests in Polish Upper Silesia, Jurisdiction, Judgment No. 6, 1925, P.C.I.J …” „… commenced, the interests of host States must be taken into account in the formulation and application of the …” „… international investment, the provisions of the Convention maintain a careful balance between the interests of …”

Michael Hahn II. EU Rules and Obligations Related to Investment S. 671-684

„… destination for foreign direct investment (FDI).1 In line with the interests that follow from this factual …” „… for the implementation of Article 67 of the Treaty, OJ 1963 No 9, 22.1.1963, 62–74 are of interest. 17 …” „… interest that motivates the measure (‘centre of gravity’).27 If this is not the regulation of capital …”

Markus Perkams B. Protection for Legal Persons S. 638-652

„… per cent of the equity interest is owned by persons of that Contracting Party, or in which persons of …” „… requirement of a ‘substantial interest’ of nationals in a legal person, n. 58 below. 45 See also Art. 1(1)(3 …” „… ‘predominant interest’ by nationals in legal persons incorporated in a third state require Art. 1(1)(c)(iii) of …”

August Reinisch V. National Treatment S. 846-869

„… Interests of Aliens’, (1961) 55 AJIL 545–584. 20 OECD Draft Convention on the Protection of Foreign Property …” „… justify governmental regulations that treat them differently in order to protect the public interest. The …” „… into account potential public interest justifications for discriminatory regulations. The tribunal may …”

Lucy F. Reed, Jonathan E. Davis A. Who is a Protected Investor? S. 614-637

„… bond having as its basis a social fact of attachment, a genuine connection of existence, interests and …” „… relevant factors, including habitual residence, center of interests, family ties, participation in public …” „… protection (…), while of interest, must give way to the specific regime under the (…) Convention and the …”

Jörn Griebel D. The New EU Investment Policy Approach S. 304-325

„… community interest as a whole to guide the negotiations according to mandates granted by the Council, it …” „… provide for greater certainty of law. A greater balance between the interest of investors and States …” „… they can choose for dispute resolution.89 Accordingly, it used to be in the interest of the member …”

Michael Waibel II. Investment Arbitration: Jurisdiction and Admissibility S. 1212-1287

„… conflict of interest –, and third, counterclaims – claims brought by the respondent, typically against the …” „… adjudication is feasible and in the interest of justice. Section D. turns to the extent of jurisdiction, and …” „… its jurisdiction, it found that Ethiopia and Liberia had no legal interest in the subject matter of …”

Joachim Karl F. The Negotiations on the OECD Multilateral Agreement on Investment S. 342-360

„… through regulation, revenue raising, and other normal activity in the public interest undertaken by …” „… , of interest primarily for historians studying the failures of international treaty making and lessons …” „… interest in promoting investment and to safeguard and further develop a sound global investment environment …”

Lars Markert, Helene Bubrowski B. National Setting Aside Proceedings in Investment Arbitration S. 1460-1481

„… decisions might affect interests beyond those of the immediate parties of the dispute. Claims under NAFTA …” „… interest to Canadians generally and non-disputing NAFTA Parties.’). For a similar argument, see Mexico v …” „… significant public interests of the host States, courts will likely be faced with substantive public policy …”

Jean-Christophe Honlet, Barton Legum, Anna Crevon A. ICSID Annulment S. 1431-1459

„… impropriety that might hypothetically take place would ordinarily be hidden from the party whose interests are …” „… be remedied by the payment of interest.117 Moreover, according to the Continental Casualty ad hoc …” „… from a stay of such award could be compensated by payment of interest. 118 Continental Casualty (n. 115 …”

Sabine Konrad C. Protection for Non-Profit Organisations S. 555-565

„… , discretionary grounds such as ‘compromising (…) the interests of the State.’3 Under the decree, NGOs must also …” „… academic interest. Despite the silence of the ICSID Convention, some tribunals have tried to develop …”

Marc Bungenberg, Catharine Titi VIII. Precedents in International Investment Law S. 1505-1516

„… interest; this Tribunal may consider them in order to compare its own position with those already adopted …” „… interest; this Tribunal may consider them in order to compare its own position with those already adopted …”

Vivienne Bath, Luke Nottage C. The ASEAN Comprehensive Investment Agreement and ‘ASEAN Plus’ – The Australia–New Zealand Free Trade Area (AANZFTA) and the PRC–ASEAN Investment Agreement S. 283-303

„… explains the interest shown by the US, Canada, Mexico and an increased number of Asia-Pacific States in …” „… interests of their own investors might be better served by the imposition of an international standard …” „… also considerable differences, reflecting the different domestic interests of the negotiating parties …”

Ulrich Klemm III. Financing of Foreign Direct Investment by Development Finance InstitutionsThis contribution is current as of July 2012. S. 1569-1584

„… government of the United Kingdom has a one hundred per cent ownership interest in CDC Group plc. CDC has …” „… interest payments by including an appropriate clause in tax treaties for the avoidance of double taxation …”

Arno Gildemeister V. Investment Law and Taxation S. 1677-1691

„… capable of addressing questions of tax law and balancing the public and private interests at stake. The …” „… investment treaties. In the interest of an effective international framework of rules for cross-border …”

Jorge E. Viñuales VII. Investment Law and Sustainable Development: The Environment breaks into Investment Disputes S. 1714-1738

„… environmental impact assessment (EIA) (of an activity that harms the interests of the investor) the host State …” „… any, to the Parties to the dispute; – the nature of the petitioner’s interest in the case; – whether …” „… interest.102 This statement, although it conflates to some extent questions of likeness and justification …”

Catherine Kessedjian III. Where Public meets Private: a Few Thoughts on Investment Law and Arbitration S. 1879-1883

„… crossroad of public and private interests. Often discussed with respect to arbitration, particularly in the …”

Ursula Kriebaum III. Arbitrary/Unreasonable or Discriminatory Measures S. 790-806

„… achieve the public interest invoked. See also the case law to Art. 1 of the Additional Protocol to the …” „… differently in order to protect the public interest.’97 Therefore, a tribunal which has to apply a provision …”

James Crawford, Simon Olleson III. The Application of the Rules of State Responsibility S. 411-441

„… of any harm caused by the internationally wrongful act, ii. questions relating to interest, and in …” „… particular the availability under international law of compound interest so as to ensure full reparation; d …” „… attributable to it. 40 See e.g. Certain German Interests in Polish Upper Silesia (Germany v. Poland), PCIJ …”

Andreas R. Ziegler X. Investment Law in Conflict with WTO Law? S. 1784-1801

„… RTAs can affect the efficiency and legitimacy of the WTO (and divert members’ interests from the WTO …” „… argues that in the interest of the effective administration of justice, the WTO's judicial organ should …”

Richard Happ A. The Energy Charter Treaty S. 240-260

„… Protocol have been fraught with political difficulties and a web of conflicting interests.18 The …” „… , id., para. 157. 56 Holger Essig, ‘Balancing Investor’s Interests and State Sovereignty’ (2007) 4 TDM …”

Christina Knahr F. The Territorial Nexus between an Investment and the Host State S. 590-597

„… Agreement, such as the acquisition of interests in immovable property, companies and the like, a transfer of …”

Karl-Heinz Böckstiegel I. The Future of International Investment Law – Substantive Protection and Dispute Settlement S. 1863-1872

„… interests of a State who in turn represents a people and society. The claims of their constituency and …”

Anthony Sinclair VII. Umbrella Clause S. 887-958

„… Sempra v. Argentina closely followed the analysis in CMS, Enron, and LG&E.69 Sempra held interests in …” „… . Sohn and Richard R. Baxter, ‘Responsibility of States for Injuries to the Economic Interests of Aliens …” „… Status of Foreign Private Interests Stemming From Economic Development Agreements with Arbitration …”

Marc Bungenberg, Stephan Hobe II. The Relationship of International Investment Law and European Union Law S. 1602-1628

„… into force of the Lisbon Treaty. This ‘EU interest’ had already started with the Energy Charter Treaty …” „… a lasting interest by a resident entity in one economy in an enterprise resident in another economy …”

Patrick Dumberry VII. Moral Damages S. 1130-1141

„… damages, including loss of reputation’ for USD 1 million (without interest).30 It added that this amount …”

André von Walter I. Investor-State Contracts in the Context of International Investment Law S. 80-92

„… interests of the parties to such contracts have become particularly visible. On the one hand, investors seek …”

Armand de Mestral III. Pre-Entry Obligations under International Law S. 685-699

„… frequently involve commitments on the admission and treatment of foreign investment. Of particular interest …”

Rainer Hofmann III. The Protection of Individuals under Public International Law S. 46-63

„… interests of all actors involved.51 Therefore, human rights courts might play a relevant role mainly (or …”

August Reinisch IV. Most Favoured Nation Treatment S. 807-845

doi.org/10.5771/9783845258997

Stefan Ahlswede - Israel's European policy after the Cold War

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Stefan Ahlswede

Israel's European policy after the Cold War

Series: Düsseldorfer Schriften zu Internationaler Politik und Völkerrecht

Volume 6 2009

Results in this title

Scientific interest S. 13-15

„… environment causing the European states to take Arab interests into greater consideration. In the most drastic …” „… less and less compatible with its interests. Relations touched rockbottom with the European Council’s …” „… . Scientific interest This is where we begin – the aim of this study is to analyse what Israel’s policy toward …”

Private interest groups S. 124

„… personal and partisan tactics. 3.7.4. Private interest groups So far, we have not mentioned private …” „… interest groups as processors. In five out of the six issues we have analysed above, no indication let …” „… alone evidence for a role of any private interest group in the formulation and implementation of …”

The role of private interest groups S. 212-215

„… indeed. On the other hand, Primor’s outstanding role is due to his personal interest and determination to …” „… , only such an individual could. 4.8.5. The role of private interest groups Certainly, there were private …” „… interest groups that had and took an interest in closer association with the EC and EU, respectively. Most …”

Has Israel achieved its aims? S. 215-218

„… on further negotiations on the issue.682 So, whilst there were interest groups that were concerned …” „… interests in any case. Rather, the relationship between ministries and interest groups seems to be …” „… adequately characterised by a friendly give and take. Interest groups came to the ministry and said what they …”

Further actors S. 237-239

„… not part of Israel’s European policy system.711 5.2.4.2. Interest groups Equally, private interest …” „… groups have not been processors in the policy process. Private interest groups have been active in …” „… manufacturers. As a consequence, private interest groups have not been in a position to e?ectively put pressure …”

A special case: Avi Primor S. 211-212

„… European counterparts politicians did keep pursuing their specific interests in implementation, but these …” „… interests functioned as components of an integrated Israeli interest vis-à-vis the EU. In implementation …” „… : the role of champions of the Israeli interest. The politicians’ activity in implementation took on a …”

The politicians S. 207-211

„… members. Politicians acted as the supreme representatives of the interests that their respective …” „… ministries institutionally advocated. Charish fought for the interest of the Israeli manufacturers, Tsur …” „… interests that the Foreign Ministry was following and less the economic interests that the ministry had been …”

External operational environment S. 29-42

„… champion of Jewish interests around the world, particularly in achieving emigration rights. The state of …” „… interest to empower the Arabs or, possibly, not to try to achieve the maximum that is achievable in …” „… in order to not endanger British interests in the Arab world. Particularly the British Foreign O?ce …”

Administrative units S. 123-124

„… disadvantages to the Foreign Minister’s personal and partisan tactics. 3.7.4. Private interest groups So far, we …” „… have not mentioned private interest groups as processors. In five out of the six issues we have …” „… analysed above, no indication let alone evidence for a role of any private interest group in the …”

The EU’s special envoy to the Middle East S. 98-104

„… repeated. Once Moratinos was appointed, Levy declared he had no interest to meet him.257 To the Netanyahu …” „… mission into a venture that was seen as fruitful to the interests of the Netanyahu government. For a start …” „… ambitions for a political role. Being all this not, Moratinos was therefore no threat to Israeli interests …”

Israel’s motivation to agree S. 77-85

„… national interest of the first tier – security – a modification of peace process policy to this end was out …” „… interest: aid programmes to Israel’s neighbours and the Palestinians would increase their welfare, which …” „… when solving conflicts: harming each other would harm one’s own interests.183 Trade could thus help to …”

Titelei/Inhaltsverzeichnis S. 2-10

„… . Scientific interest 13 1.2. State of research 15 1.3. The case studies 16 1.4. Methodological considerations …” „… 46 2.1.2.5. Interest groups 48 2.2. The psychological environment of Israel’s foreign policy system …” „… units 123 3.7.4. Private interest groups 124 4. Integration policy: association with the EC/ EU 125 4.1 …”

State of research S. 15-16

„… international relations all around the world. Of all the publications that emerged from this interest …” „… scientific interest than our analysis. For their part, these studies are valuable sources to draw on in …” „… on common and conflicting interests that Israel and Europe have in the Middle East and the …”

The future of the EU’s contribution S. 278-280

„… interests of its opponents and how these are interrelated with its own interests. Israel has also failed to …” „… in. Empathy and acknowledgement of the opponent’s security interests go a long way towards peace, and …” „… interests seems promising. There certainly is an interrelation between the violence and the deprivation …”

The case studies S. 16-18

„… on common and conflicting interests that Israel and Europe have in the Middle East and the …” „… , there are a handful of papers that are of interest for having o?ered prognoses or advice to Israeli …” „… will be of limited use. Typically, these analyses look at high politics, core interests of the state …”

Why has Israel been successful? S. 218-220

„… approach fundamentally incompatible with the Europeans’ prime interest of discussing regional cooperation …” „… interest in upgrading relations into a common interest that now both Israel and the EC shared. The Gulf war …” „… gained concurrence of Israel’s and the EC’s interests that removed the obstacles to upgrading relations …”

Israel’s perspective S. 108-113

„… with the Maghreb countries: see Tovias, 2003a, p. 47. On Israel’s interest in more favourable rules of …” „… interests. Both aspire to stability, prosperity and democratisation around the Mediterranean.294 Also, both …” „… Programme is in line with Israel’s short term interest in a forum for contacts and talks with its neighbours …”

Use the EU’s good services S. 247-250

„… attractive to Israel: Its aims are fully compatible with Israel’s long-term interests in the region, in …” „… or in its interest. As an actor unsuspected of harbouring too much sympathy for Israeli positions …” „… has time and again shown its interest to open secret channels of negotiation with Syria and Lebanon …”

Aims in detail S. 153-160

„… considerations rather than economic interests that determined Israel’s aim: Rabin’s and particularly Peres …” „… , there were economic interests involved as well. The urgency, though, with which the issue was presented …” „… suggests that even these economic interests were strongly seen from the angle of creating a peace dividend …”

Preventing an EU political role S. 239-243

„… 239 Apart from these economic interest groups, there have been a number of actors outside the …” „… transnational actors. Typically, states will take interest in another state’s behaviour towards their neighbours …” „… members’ diverse interests and its consensus-oriented operation mode. The other reason is seen in the EU’s …”

Rhetoric S. 186-193

„… a deal, sacrificed crucial economic interests for political declarations. In the eyes of many in the …” „… interest as well. The EU has a clear and stated interest in peace, regional integration and development in …” „… the Middle East. The launch of the EU’s New Mediterranean Policy had just manifested this interest in …”

Background of Israel’s counterproductive behaviour S. 66-70

„… its interests by the Ministry of Agriculture. In fact, Nechamkin did not even concede because he was …” „… interests but not now, paradoxically, that harm had already been done. Regarding the customs and purchase …” „… their interest. A considerable number of the Foreign Ministry’s o?cials dealing with Europe 138 …”

The EU as the facilitator of peace S. 243-247

„… and keep peace. The focus of this view however is on the creation and nurture of interests that would …” „… prevent Arabs and Israelis from going to war and would give them an interest in keeping peace instead …” „… state attacking Israel would severely harm its own vital interests. Just as in Shamir’s and the …”

Images – Israel’s self-perception S. 50-57

„… Israel’s long-term security interests. In the eyes of proponents of this frustration strategy, Europe’s …” „… interests – first and foremost security – let alone rely on anybody. Also, since Israel is a small country …” „… arena where the actors’ self-interest and rational choice determine the behaviour Israel is faced with …”

Sign or keep negotiating? S. 179-186

„… as Israel’s central interest in the negotiations.580 Concerned that Israel’s economic interests might …” „… keep negotiating in pursuit of his real agenda which was to defend and promote the export interests of …” „… economic interests in the EMA, expressly promising Rabin that Germany would intercede on Israel’s behalf …”

Tactic S. 70-75

„… Likud harmed Israel’s economic interests and were responsible for the damage done to Israeli …” „… , which touched Israel’s top national interests. Depending on what Israeli o?cials perceived as the …” „… Intifada touched upon the central interest of the Israeli state – security. Export preferences for cut …”

Internal operational environment S. 42-48

„… interests to enter parliament. This has made coalitions di?cult to form and comparatively unstable. This was …” „… the national interests of Arab Israelis, 90 per cent of its voters are from this sector. Chadash …” „… coalition of the Likud, Labour, the religious parties and the National Union.74 2.1.2.5. Interest groups The …”

Reference List S. 285-322

„… interests. Ethnien, Regionen, Konflikte, 5. Frankfurt am Main: Lang. Ahlswede, S. (1996a). Interview with …” „… . Whither EU-Israeli relations? Common and divergent interests (pp. 165–175). Frankfurt am Main: Lang …” „… ? Common and divergent interests (pp. 87–106). Frankfurt am Main: Lang. Dachs, G. (2001). Die israelische …”

Primacy of security S. 57

„… consequently enjoyed relatively low priority within Israel’s foreign policy. Similarly, Israel’s interest in …” „… security interests. 2.3.2. Victims nevermore In Israel’s foreign behaviour, the rebellious victim has left …”

Further measures S. 195-202

„… defence of their interests. This obviously includes the display of threats, unrealistic as they may be. In …” „… champion Israel’s interests in the Union, and has done so on many occasions. Specifically, Germany’s …” „… reciprocity and common interests”.644 In a further sentence, the European Council requested the Commission and …”

Structures and processes S. 239

„… 239 Apart from these economic interest groups, there have been a number of actors outside the …” „… transnational actors. Typically, states will take interest in another state’s behaviour towards their neighbours …”

The dispute on rules of origin S. 160-164

„… steps that could not be in Israel’s interest. Also, the institutionalised dialogue might serve as a …” „… sectoral interests in the negotiations and pass the buck to someone else. In turn, the repercussions of …” „… interests, to the point of having the cabinet recommend making the final ratification of the EMA dependant …”

Remarks on Israel’s policy style S. 221-225

„… in contrast did not always do so. Rather, in these ministries there were competing interests and …” „… been rather weak, lacking initiative and power to assert themselves and to pursue their interests in …” „… where Peres’ interests were plainly political. Thus, it was from the Ministry of Science that the …”

The research design: structured empiricism S. 21-26

„… , • interest groups outside the actual decision-making process who might still command considerable influence …” „… individuals influence decisions, but in this research design they are operationalised as interest groups and …” „… Israel vis-àvis the EC/ EU, • to determine who the processors are and what other actors – interest groups …”

Perspective on integration S. 274-278

„… any venture that does not directly defend its own interest, i. e. essentially its territory. These …” „… victim perspective, Israel has failed to see the security interests of its opponents and how these are …” „… interrelated with its own interests. Israel has also failed to recognise the influence its behaviour may have …”

Victims nevermore S. 57-58

„… consequently enjoyed relatively low priority within Israel’s foreign policy. Similarly, Israel’s interest in …” „… security interests. 2.3.2. Victims nevermore In Israel’s foreign behaviour, the rebellious victim has left …”

Background of Israel’s position S. 65-66

„… institutional custodian of Israel’s farmers as of AGREXCO’s interests, the flower growers proved to be no match …” „… opposition of AGREXCO, represented in its interests by the Ministry of Agriculture. In fact, Nechamkin did …”

Virtual implementation S. 257-258

„… themselves take clear priority over economic interests with the EC. Taking into account the situation in the …” „… the Middle East was used by Israel to simulate interest in progress in the peace process when it had …”

Conflicting aims: contain Europe or embrace Europe? S. 267-268

„… bring to mind that Europe does not occupy 268 the centre field of Israel’s foreign policy interests …” „… interest in the Europeans’ commitment to facilitate peace, prosperity and democracy in the region, close …”

The attitudinal prism S. 48-50

„… Union.74 2.1.2.5. Interest groups The influence of interest groups outside the actual decision-making …”

The ministerial officials S. 235-237

„… inter-ministerial squabbles aside and championed the Israeli interest in negotiations. In summary, politicians have …” „… EC/ EU cannot be simply explained by their assignment but rather by their personal interest in …”

The Inter-Ministerial Director Generals’ Committee for Economic International Affairs S. 205-207

„… of Finance, too, that has brought up most of the issues that will be discussed. It is in the interest …” „… Committee, issues on which it might lose at the ministerial level, where there is no self-interest at work …”

Portray behaviour as if caused by EU attitude: the issue of the deportees S. 255-257

„… Israel’s interests as well.752 The EC, on the other hand, almost only casually mentioned it would be …” „… economic interests with the EC. Taking into account the situation in the international arena, it is very …”

Incompatible visions: European or Middle Eastern? S. 268-270

„… 268 the centre field of Israel’s foreign policy interests, which is security. As a consequence, any …” „… of Israel’s dependence on Europe’s markets and because of Israel’s high interest in the Europeans …”

The dispute on financial services S. 167-170

„… was in Israel’s best interests, Kaufman soon ran into di?culties. The prices of some insurance …” „… and the narrow public interests it was institutionally advocating in the negotiations, the Israeli …”

The politicians S. 232-235

„… exponents of their ministries, i. e. they championed their ministries’ attitudes and interests, e?ectively …” „… inter-ministerial squabbles aside and championed the Israeli interest in negotiations. In summary, politicians have …”

What we need: form follows function S. 18-21

„… will be of limited use. Typically, these analyses look at high politics, core interests of the state …” „… influence of actors such as parliament, political parties and interest groups. We will also need to be able …”

Perception of the EU’s attitude S. 228-231

„… , 3. the enormous economic interests of most of the European countries in the Arab world, 703 On the …” „… anti-Semitism.704 Palestinian propaganda, European economic interests, hostile forces incapacitating Jewish …”

Israel’s motivation to agree S. 89-97

„… cease-fire understanding might be considered of limited interest to an analysis of Israeli policy towards the …” „… the Arab interests. All this, of course, was a highly attractive scenario to Israel. Assad rejected it …” „… of principal objection, given that it was not contrary to Israel’s interests, that is. France is the …”

The internal dispute on Israel’s goal S. 170-174

„… interest that has always been closely related to Israel’s European ambitions. What might strike the eye of …” „… Kohl indecisive. The EU, at the same time, actually showed interest: Eberhardt Rhein, an o?cial of the …”

The dispute on the EU’s R&D programme S. 174-179

„… about economic interests with the Arab countries, whilst France spoke of a risky precedence for other …” „… ministries with their conflicting interests in the programme.576 This does not explain, though, why the …”

A third leg – Counterbalance a possible decrease of American commitment S. 113-119

„… was called for to safeguard Israel’s interests in future. His successor Peres was hardly less …” „… , Uri Savir and David Peleg. 118 interest in establishing an alternative route to the centre stage of …”

Confusion over Israel’s goal S. 146-153

„… managed without unemployment skyrocketing, not the least because Israel could a?ord to lower interest …” „… as a manifestation of Israel’s interest in removing non-tari? trade barriers (NTBs) for its …”

Conclusion S. 88-89

„… understanding might be considered of limited interest to an analysis of Israeli policy towards the EU. This is …”

Conclusion S. 76-77

„… process policy. Perceived as threatening Israel’s national interest of the first tier – security – a …”

Conflicting visions S. 220-221

„… 220 It was this newly gained concurrence of Israel’s and the EC’s interests that removed the …”

The German channel S. 254-255

„… interests and positions amongst the EU states. It should be understood that Israel has also lobbied other …”

The role of the US S. 253-254

„… of the most influential of these EU members and has traditionally championed Israeli interests and …”

Hibernation S. 258-259

„… used by Israel to simulate interest in progress in the peace process when it had none. 5.5.4 …”

Nature and aims of the EMP S. 104-106

„… of the EMP, but di?erent interests amongst EU members and the European Union’s general reluctance to …”

Levy’s perception of what was agreed upon with the EC in June S. 85-87

„… EC’s attitude and interests in Middle Eastern politics. It is di?cult, though, to establish what e?ect …”

An assessment after ten years S. 106-108

„… , this had not been the primary purpose of the EMP, but di?erent interests amongst EU members and the …”

The ministerial officials S. 119-121

„… conclusion that it was in Israel’s interest to have the EC aboard. They were in constant contact with their …”

The dynamics of further European integration S. 130-132

„… considerable amounts of foreign capital from foreign investors who sought to capitalise on the interest rates …”

Exploratory talks S. 144-146

„… its lack of interest.421 The Uruguay round of the World Trade Organisation’s (WTO) General Agreements …”

Self-conception of Israel vis-à-vis Europe S. 226-228

„… success of the Palestinian propaganda, 2. the success of the Intifada, 3. the enormous economic interests …”

Token role of the EU S. 259-261

„… ambitions. The envoy was welcomed because, powerless as he was, he was not a threat to Israel’s interests …”

Sanctions, threats and retaliation S. 193-195

„… defence of their interests. This obviously includes the display of threats, unrealistic as they may be. In …”

Incompatible notions: European or special? S. 270-272

„… desirable foreign behaviour, namely not to resort to force but to seek a balance of interests and mutual …”

Incompatible perspectives on appropriate foreign behaviour S. 272-274

„… interests and mutual trust.766 Israel and Europe have drawn very di?erent and contradictory conclusions from …”

The causes and implications of the trade deficit with the EC S. 127-130

„… considerable amounts of foreign capital from foreign investors who sought to capitalise on the interest rates …”

Has Israel’s European Policy changed? S. 263-267

„… aims vis-à-vis the EC/ EU. To begin with, Israel’s interest in making use of the good services that …”

Motivation of the European Parliament S. 59-65

„… institutional custodian of Israel’s farmers as of AGREXCO’s interests, the flower growers proved to be no match …”

Excursion: the EC agrees to negotiations – a success of Israeli policy? S. 134-144

„… . A European orientation was what is called for now, to safeguard Israel’s interests in the near …”

doi.org/10.5771/9783845219189

Aikaterini Titi - The Right to Regulate in International Investment Law

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Aikaterini Titi

The Right to Regulate in International Investment Law

Series: Studien zum Internationalen Investitionsrecht

Volume 10 2014

Results in this title

Essential interests S. 88-90

„… industries407.Essential interestsA distinction needs to be drawn between essential security interests and …” „… essential interests. Although the two terms have sometimes been examinedinterchangeably as if forming a …” „… single regulatory interest408, the linguisticnuance between them does not appear to be inconsequential …”

Essential security interests S. 206-211

„… matters and cultural diversity.Essential security interestsAlthough far from being universal – exceptions …” „… the highest degree ofregulatory discretion: in contrast with other exceptions, covering interestsIX.A …” „… security interests(i) relating to the traffic in arms, ammunition and implements of war and to suchtraffic …”

Regulation in the public interest S. 99-103

„… . 342, on essential security interests.V. Types of regulatory interests100purposes, the right to …” „… comprehend incommensurable interests or ‘universal values’, such as ‘good morals’or ‘ethics of international …” „… for this term that, like the previously-examinedessential security interests, may on occasion prove an …”

General observations on essential security interests S. 78-82

„… Essential security interestsGeneral observations on essential security interestsMasked under …” „… (2009a), op cit., p. 7 and below, Essential security interests,economic crises and economic security.B …” „… different names, such as security323, essential security interests324, essential interests325, national …”

Essential security interests, economic crises and economic security S. 82-84

„… Essential security interests, economic crises and economic securityThe relationship between …” „… essential security interests and economic crisesmerits analysis, as one of the salient issues that have …” „… interests360. Borne out by the International Court of Justice (ICJ) in its 1986Nicaragua Judgment361, and …”

Essential security interests and access to strategic industries S. 84-88

„… exceptions to the protection of strategic industries407.Essential interestsA distinction needs to be drawn …” „… interests378.A final question to be asked in this context is whether national securitymay comprise economic …” „… qualify as an essential security interest just discussed would probably militate against an affirmative …”

General regulatory clauses and the public interest (‘General exceptions’ modelled after Article XX GATT or the right to regulate by subject: the public interest) S. 173-188

„… formulations for specific standards of treatment and certain regulatory interests.General …” „… interestsGeneral exceptions modelled after Article XX GATT have the advantage ofsimplicity and clarity over …” „… regulatory clauses and the public interest (‘General exceptions’modelled after Article XX GATT or the right …”

The protection of essential security interests in the absence of an express treaty-based right to regulate S. 290-293

„… The protection of essential security interests in the absence of an expresstreaty-based right to …” „… interests? The same questions are naturally raisedfor other treaties that, like the French Model BIT, do not …” „… , essential security constituting afundamental regulatory interest1578. The limited protection that …”

General observations S. 76-78

„… Types of regulatory interestsGeneral observationsThe discussion now turns to the types of …” „… intended.’.A. General observations77Essential security interestsGeneral observations on essential security …” „… interestsMasked under different names, such as security323, essential security interests324, essential interests …”

The right to regulate and the preamble S. 115-122

„… interests:‘Desiring to develop the economic cooperation between the Parties;Desiring to encourage, create and maintain …” „… interpret preambles601, but in the absence of particular language on regulatory interests,these …” „… setting in place‘soft’ obligations that encourage a regulatory interests-friendly interpretation of IIA …”

Necessity S. 237-257

„… security interests,economic crises and economic security.1314 Cf. Kalderimis, D. (2012), op cit., p. 10. On …” „… of state interests.X. The right to regulate beyond IIAs in general international law246Analysis of …” „… essential security interests exception1280. The present section opens withsome general remarks and a note on …”

Policy space as a remedy to a systemic imbalance S. 72-75

„… legis.The main concept of balance discussed here is the one between privateand public interests, in other …” „… words the balance between the interests of investors and host states. As the fifty-odd known cases …” „… protection of a state’s essential security interests299, as in the case ofregulation on grounds of other …”

General S. 195-201

„… of internationalpeace and security, or necessary to protect its essential security interests’.VIII …” „… having an equivalent effect1053. Theyare more eminently present in essential security interests clauses …” „… ,include self-judging exceptions for the protection of the state’s essential security interests. So …”

Concluding remarks S. 288-290

„… regulatory clauses, tribunals show deference to host state interests?First, mention of legitimate state …” „… interests, when occurring, has generallybeen limited to the examination of the two standards discussed above …” „… the same interests are taken into account when addressing other standards. There further appears to be …”

The fair and equitable treatment S. 276-281

„… regulatory interests.To commence with the 2000 S.D. Myers Partial Award, in interpretingArticle 1105(1) NAFTA …” „… , will not be revisitedhere.Arbitral jurisprudence and the legitimate interests of the host …” „… , recent arbitral jurisprudence has tentatively started toreference the state’s regulatory interests, even …”

Titelei/Inhaltsverzeichnis S. 2-14

„… regulatory interestsV. 76General observationsA. 76Essential security interestsB. 78General observations on …” „… in the public interestD. 99Concluding remarksE. 103Positive language on regulatory interestsVI. 104 …” „… by subjectIX. 206Essential security interestsA. 206TaxationB. 211Cultural diversityC. 216Introduction …”

Conclusion S. 298-304

„… interest, to name but a few. Investment treaties endorse these interestswhen incorporating them in the form …” „… number of arbitrations involving security interests.Legitimate public policy concerns other than security …” „… interests of the host states and the interests ofinvestors in the stability and predictability of the legal …”

Public order (ordre public) S. 94-99

„… security interests exception447. Circumstances of extreme emergency are likely to be a subset of essential …” „… security interests448 and, depending on the occasion, could satisfy the criteria for the invocation of the …” „… regulatory interest, publicorder (ordre public), has remained discretely in the background. This sectionwill …”

Expropriation S. 281-288

„… clauses, tribunals show deference to host state interests?First, mention of legitimate state interests …” „… treatment of bothstandards.ExpropriationHost state legitimate interests have also figured in some arbitral …” „… cit.B. Arbitral jurisprudence and the legitimate interests of the host state281state intent relating to …”

Positive language S. 104-111

„… Positive language on regulatory interestsIn the attempt to enhance their regulatory freedom, states …” „… may dispose ofpositive language on regulatory interests incorporated in investment treaties.Strictly …” „… interpretation that balances investor rightsagainst host state interests. This chapter considers this significant …”

Introduction S. 19-31

„… so, they have significantly confined their policyspace. The pursuit of regulatory interests in …” „… backdrop the right to regulate has gradually come to thespotlight as the focus of increased interest, with …” „… , stating this introduction of ‘more public interest safeguards’ already in 2005. See further Titi, C.(2013a …”

The right to regulate and expropriation S. 148-155

„… questioned774, and provision for the public interest among theseterms creates the illusion that the right to …” „… standards of treatment149However, the presence of a public interest in the expropriatory measure doesnot …” „… 776. But the thrust of the dilemma of howto reconcile the interests of investors and host states …”

General remarks S. 169-173

„… security interests;(b) prevent a Party from taking an action that it considers necessary to protectits …” „… essential security interests:(i) relating to the traffic in arms, ammunition and implements of war andto …” „… standards of treatment and certain regulatory interests.General regulatory clauses and the public interest …”

Concluding remarks S. 233-234

„… practice.Concluding remarksChapter IX examined exceptions drafted with respect to three particularregulatory interests …” „… . Commencing with plausibly the most seminal interest,essential security, it discussed the formulation of …” „… state’sessential security interests, exceptions for international peace and securityand circumstances of extreme …”

Developments at the plurilateral level: the Trans-Pacific Partnership Agreement S. 61-62

„… interests.Developments at the collective level: the right to regulate and Europeaninvestment agreementsDevelopments at …” „… regulate provision234, extensive preamble language on regulatory interests235 and other provisions …” „… on specific regulatory concerns236; spanning amotley range of interests as diverse as the protection …”

Concluding remarks S. 122

„… interests-friendly interpretation of IIA provisions. Positive language may be drafted both as a host state‘obligation …” „… of the IIA617 while granting regulatory interests an interpretative scope thatextends to the entire …” „… treaty. The downside of course, at least of includingregulatory interests exclusively in the preamble, is …”

The right to regulate and the fair and equitable treatment, the minimum standard of treatment and full protection and security S. 143-148

„… interests to betaken into account.The right to regulate and the fair and equitable treatment, the …” „… tribunal to take into account the legitimate interests of the host state752, to some extent – but to …” „… good faith, or reprehensibleinvestor conduct755, or where the state’s legitimate interest is so …”

Developments at the collective level: the right to regulate and European investment agreements S. 62-66

„… regulatory interests.Developments at the collective level: the right to regulate and Europeaninvestment …” „… chapter which ‘will protect the rights of the TPP countries to regulate in thepublic interest.’242 …” „… considerations as an expression of positive language on regulatory interests are addressed in Chapter VI.The …”

‘Declaratory’ right to regulate S. 111-115

„… for the legitimate interests of the hoststate to be taken into account, since such an interpretation …” „… , A. and Paradell, L. (2009), op cit., p. 509.VI. Positive language on regulatory interests112do not …” „… European Convention on HumanRights.569 Article 18(3) ECT.VI. Positive language on regulatory interests114 …”

Cultural exception, exception for cultural policy and the investment law context S. 224-233

„… of interest for thedevelopment and enhancement of European cultural and linguistic diversity1248.What …” „… remarksChapter IX examined exceptions drafted with respect to three particularregulatory interests. Commencing …” „… with plausibly the most seminal interest,essential security, it discussed the formulation of essential …”

International peace and security S. 90-94

„… environment in that case ‘related to an “essential interest” of that State’420,the ICJ opened the …” „… would ecological damagealso fall within the purview of an essential security interests exception …” „… circumstances and thespecific provision under interpretation. In encompassing interests beyondthose tied to a …”

Concluding remarks S. 103

„… interests figure with increasingfrequency in new IIAs and will inevitably be invoked in investor-state …” „… regulatory interests that most commonly arefound in IIAs with a view to demonstrating the interpretive …” „… clarifications. Essential state security is probably the mostimportant regulatory interest, and the discussion …”

Concluding remarks S. 296-297

„… of interests, such as where these are listed as examples; e.g.‘nothing in the agreement shall be …” „… the protection of its essential security interests, including…’1612 Yet in any event, since under the …” „… arbitral jurisprudencebeyond explicit treaty language on regulatory interests, especially exceptions, and …”

Are explicit treaty exceptions necessary to reserve policy space? S. 293-294

„… ; therefore, a balancedapproach is required that takes into account the interests of the foreign investor as …” „… to be in its public interest1595, including, naturally, its essential security interests. Nonetheless …” „… absence of a treaty-based essentialsecurity interests exception the state may be allowed to derogate from …”

Is an explicit treaty-based right to regulate harmful to regulatory freedom? S. 294-296

„… policy interests1602; second, it is submitted that exceptions, namely Article XX GATT-like general …” „… overnight; it is often the product of painstaking negotiations and compromise between the interests of …” „… tribunal to balance investor interests against‘an unlimited list of legitimate government concerns – a list …”

General observations S. 275-276

„… expropriation); secondly, itwill discuss arbitral jurisprudence on a specific regulatory interest …” „… , essentialsecurity, and the extent to which this interest is taken into account absent anexpress right to regulate …” „… (examination by type of regulatory interest). On thebasis of this discourse, the latter part of the chapter …”

Circumstances of extreme emergency S. 94

„… security interests exception447. Circumstances of extreme emergency are likely to be a subset of essential …” „… security interests448 and, depending on the occasion, could satisfy the criteria for the invocation of the …” „… regulatory interest, publicorder (ordre public), has remained discretely in the background. This sectionwill …”

Deference afforded at tribunal discretion S. 40-42

„… interests of the host state, and Markert, L. (2011), op cit., p. 158.107 See generally Titi, C. (2013a), op …” „… economic crisis before it may be allowed to qualify as a protected interest in some of the Argentine crisis …” „… deference will be revisited in108 See Chapter XI, Arbitral jurisprudence and the legitimate interests of the …”

Some developments at the bilateral level S. 58-61

„… welfare objectives’212, selfjudging language213 of the essential security interests exception214 …” „… language on regulatory interests217 testify to thequest for ampler policy space.The same desire to …” „… comprehends provisions on specific regulatory interests222 and enshrines its essential security interests …”

The nexus requirement S. 190-195

„… disclosure of which [a Party] considers contrary to its essential security interests’, ‘action which …” „… itconsiders necessary for the protection of its essential security interests […]relating to […]’, etc.) and an …” „… ‘actionfor’ the protection of the state’s essential security interests and ‘in circumstances of extreme …”

Arbitration as a perceived threat to state regulatory freedom S. 67-72

„… tension between investment protection and the states’ regulatory interests267, and, by the same token …” „… interests268. The paragraphs that follow review the role of arbitration in this matrix of …” „… interests clause wasto be interpreted as self-judging273 and later to the 2004 revision of thisModel BIT274 …”

The standard of review in the absence of a self-judging clause S. 202-204

„… faith test on this ground would be where a state invokes a threat to itsessential security interests in …” „… as the public order, essential security interests and public morality, would require wider boundaries …” „… sensitivities; and it has been argued that it doubtful whether thesubjective interests of a state that perceives …”

Concluding remarks S. 204-205

„… ; and it has been argued that it doubtful whether thesubjective interests of a state that perceives its …” „… judicially can override the assertion of a State that a dispute affects its securityor vital interests’1108 …” „… for or measures directed to the protectionof host state essential security interests and comparable …”

Concluding remarks S. 75

„… itself at the crossroads of profoundly competing interests, it is not in principle it but an underlying …” „… interests (but also between opposingpublic interests) needs to be tackled and a raison d’être of the right …”

The right to regulate: what’s in a name… S. 32-35

„… regulatory interests’69. Althoughvery much resembling a genuine right to regulate, this case involves a …” „… interest cannot be carried out if adversely-affected businesses ‘may seek compensation’75. Compensation …” „… Interests of the Investor and the State, JWI&T 8, p. 729 et seq.and Kriebaum, U. (2008), Eigentumsschutz im …”

Clarifications and interpretative statements S. 42-45

„… of itsown essential security interests’, goes on to clarify by means of examples whichmeasures it may …” „… interests andthe regulatory tasks of public authorities’.While EU Member State investment treaties have …” „… lengthy BITs and interpretive statements in an apparent attempt tobetter safeguard host state interests126 …”

Index S. 375-376

„… , 150-151,157, 164-165, 246, 281, 284-285,290, 300-302Essential interests 88-90, 216, 239,247, 256Essential …” „… security interests 78 etseq., 206-211, 290-293. See alsoArgentine crisis disputes and Necessity.EU …” „… , 114,145-146, 153, 155, 280, 286Public interest 99-103, 173 et seq.Public order 94-99REIO clause 130 et seq …”

Concluding remarks S. 188-189

„… ofessential security interests is not easily reconcilable with the nature of theseinterests and may induce …” „… standards, the ana-D.1007 See Chapter V, Essential security interests, economic crises and economic security …” „… treatment and regulatory interests and concluded that,to the possible exclusion of the contingent standards …”

The standard of review of self-judging clauses S. 201-202

„… essential security interests exception. However, evenself-judging clauses do not completely oust arbitral …” „… , such as in the event of a state claiming anessential security interests situation to protect against an …” „… interests in dispute settlement while denying its existencein its domestic assessment1094.The substance of …”

Taxation S. 211-216

„… state1144. And although it is unclear that essential security interests exceptions will become …” „… relevant to investor-state disputes as often as exceptionscovering more prosaic public interests – although …” „… , General observations on essential security interests.1145 See Wälde, T. W. and Kolo, A. (2008), Coverage …”

WTO law, EU law and the European Convention on Human Rights S. 56-58

„… interests are not foreign to EUlaw either. In the context of the free movement of goods, Article 36 of …” „… restrictions on imports, exports or goods intransit for the protection of regulatory interests, such as public …” „… , prescribed bylaw, necessary in a democratic society, in the public interest, on grounds ofnational security …”

ILC defences and the right to regulate. Some further reflections S. 265-270

„… interestsin the absence of an express treaty-based right to regulate.1466 Article 20 ILC Articles on State …”

Bibliography S. 305-330

„… InternationalBlackaby, N. (2004), Public Interest and Investment Treaty Arbitration, TDM 1 (1)Bibliography306Bolton, P …” „… under the Lisbon Treaty,Biennial Interest Group Conference in Washington DC PaperBungenberg, M. (2009 …” „… : Balancing the Interests of the Investor andthe State, JWI&T 8Kriebaum, U. (2008), Eigentumsschutz im …”

The right to regulate and the contingent standards of treatment: most-favoured-nation treatment and national treatment S. 126-143

„… not examined separately. Other exceptions for essential security interests and tax matters affecting …” „… Republic-South AfricaBIT (1998); also Ad Article IV South Africa-Chile BIT (1998). – It is of interest tonote …” „… order,protection of the environment, morality and public health’700. More than theregulatory interests it wishes to …”

Limiting the scope of investment protection S. 35-40

„… Interests of the Investor and the State, JWI&T 8, p. 729 et seq.and Kriebaum, U. (2008), Eigentumsschutz im …” „… Arbitration, JIDS 3 (1); Kulick, A. (2012),Global Public Interest in International Investment Law, NY: CUP, p …” „… particular Arbitral jurisprudence and the legitimate interests of the host state, and Markert, L. (2011), op …”

Exceptions versus reservations S. 50-52

„… regulate discourse175, and inthe interest of legal clarity, this section will draw the line between …” „… altogether different animal,and therefore the term ‘exceptions’ appears more suitable. In the interest …”

The pre-modern-investment-world regime S. 53-56

„… examined in ChapterVII195.Exceptions for the protection of regulatory interests are not foreign to EUlaw …” „… goods intransit for the protection of regulatory interests, such as public morality andB.192 See …”

Introduction S. 216-219

„… concluded, it should not interfere with any ofFrance’s essential interests and he went on to make the …” „… respect tothis often neglected regulatory interest, in order to better evaluate its significance. The …”

Legal nature and effects of upholding a defence under the ILC Articles S. 258-265

„… rules1418.It is of interest to note the CMS Annulment Committee’s reasoning in thisrespect, which drew a …” „… essential security interests exception, and Article 25 ILC Articles on necessity, thecommittee opined that …”

Concluding remarks S. 52

„… ’ appears more suitable. In the interest ofclarity and consistency, it is this term – ‘exceptions’ – that is …”

General remarks S. 125-126

„… interests covered.This approach, also possible for general regulatory clauses635, would haveB.1.630 E.g. see …”

General S. 235-237

„… ArticlesGeneralTo some extent, states are able to pursue regulatory interests under publicinternational law despite …”

The right to regulate and performance requirements S. 164-166

„… (2012).881 Below, General regulatory clauses and the public interest (Performance requirements).882 E.g …”

General observations S. 123-125

„… of the types of regulatory interests covered.This approach, also possible for general regulatory …”

The right to regulate and provisions on compensation for losses S. 166-169

„… (2012).881 Below, General regulatory clauses and the public interest (Performance requirements).882 E.g …”

The exception for cultural diversity S. 219-222

„… regulatory interest, in order to better evaluate its significance. The detailed excursus is warranted by this …”

The right to regulate and the free transfer of capital S. 155-164

„… treatment161tion at the time of writing include the exception849. It is of interest to notethat the REIO …”

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