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Torsten Stein, Markus Rauber - Legal limits of the fight against tobacco consumption in multi-level governance

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Torsten Stein, Markus Rauber

Legal limits of the fight against tobacco consumption in multi-level governance

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 85 2011

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Markus Rauber, Torsten Stein Legal situation before the Treaty of Lisbon came into force S. 14-15

„… enactment or the amendment of an authoritative legislativeact.13Legal situation before the Treaty of Lisbon …” „… have to be ableto refer to an explicit and appropriately selected legal basis in the agreements for the …” „… . 95 of the EC Treaty was the sole legal basis for the enactmentof the tobacco product directive.14 …”

Markus Rauber, Torsten Stein Legal situation before the Treaty of Lisbon came into force S. 22-23

„… scope or effect that the objectives can be achieved better at the Unionlevel?).42Legal situation before …” „… secondstage of the group of three legal barriers mentioned at the start (the so-calledOb-Frage …”

Markus Rauber, Torsten Stein Prerequisites of art. 114 TFEU S. 18-22

„… legal situation with respect to the new also-mentioned incorporation ofa ban on using brand-name emblems …” „… since, according to the current legal situation, the MemberStates are free to choose whether they want …” „… merely modified. The general legal prerequisites of art.114 par. 1 must be met in both cases.25At first …”

Markus Rauber, Torsten Stein Titelei/Inhaltsverzeichnis S. 2-10

„… European levelII.14The principle of conferral of competences1. 14Legal situation before the Treaty of …” „… The principle of subsidiarity2. 22Legal situation before the Treaty of Lisbon came into forcea) 23 …” „… WeitzelTorsten Stein/Markus RauberLegal limits of the fight against tobacco consumption in multi-level …”

Markus Rauber, Torsten Stein Curtailment of assessment criteria due to the Treaty of Lisbon? S. 23-25

„… Unionlevel?).42Legal situation before the Treaty of Lisbon came into forceIn 1997, the principle of …” „… regard to the new legal situation after Lisbon) to meet the contractual provisions of art. 5 par. 3 TEU …” „… assessment of consequences was carried out, the Commission's assessment on the then future legal situation …”

Markus Rauber, Torsten Stein Plain packaging and warnings S. 31-32

„… amended, either.Plain packaging and warningsThe legal situation is different with respect to plain …” „… legal opinion can also be seen in the current Five-Year-Report by the Federal Ministry of Healthon the …” „… stage of a barrier against theexercise of competence that protects the legal sphere of the Member …”

Markus Rauber, Torsten Stein Criteria of the principle of subsidiarity S. 25-28

„… to the legal situation in terms of competencies sinceart. 114 TFEU provides the European legislative …” „… expert discussion of the subcommittee onEuropean Law of the Legal Committee of the German Bundestag dated …” „… legal levelsbut three: the national one, the European one, and the international one. Thesupervention …”

Markus Rauber, Torsten Stein Display ban and vending machine ban S. 28-31

„… amended, either.Plain packaging and warningsThe legal situation is different with respect to plain …” „… "goldstandard" set by them.28stage of the group of three legal barriers, looks into the type, scope andintensity …” „… of a regulation and the associated restrictions of protected legal positions.62Overall, the ECJ has …”

Markus Rauber, Torsten Stein Compatibility of the guidelines for implementing art. 11 with European regulations S. 48-64

„… left because ofpublic-law regulations, may the situation arise where the core of the right itselfis …” „… dated 05/06/2001 onthe harmonisation of the legal and administrative regulations of the Member States …” „… ban on using logos, colours etc. corresponds to the legal definitionof a measure with the same effect …”

doi.org/10.5771/9783845232171

Björnstjern Baade, Linus Mührel, Anton O. Petrov - International Humanitarian Law in Areas of Limited Statehood

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Björnstjern Baade (ed.), Linus Mührel (ed.), Anton O. Petrov (ed.)

International Humanitarian Law in Areas of Limited Statehood

2018

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Manuel Brunner Detention for Security Reasons by the Armed Forces of a State in Situations of Non-International Armed Conflict: the Quest for a Legal Basis S. 87-117

„… the Armed Forces of a State in Situations of Non-International Armed Conflict: the Quest for a Legal …” „… Humanitarian Law Provide a Legal Basis for Detentions for Security Reasons? I. The Situation under …” „… legal authority to detain.8 II. The Situation under International Humanitarian Law Applicable to …”

Titelei/Inhaltsverzeichnis S. 1-20

„… Forces of a State in Situations of Non-International Armed Conflict: the Quest for a Legal Basis 89 …” „… Conflicts 99 D. Potential Legal Bases for Detentions for Security Reasons in Situations of Non-International …” „… and other Legal Instruments 13 List of Abbreviations 17 Introduction: International Humanitarian Law …”

Charlotte Lülf The Protection of (Foreign) Investment during Belligerent Occupation – Considerations on International Humanitarian Law and International Investment Law S. 194-216

„… legal and contractual relations of the involved States. While complex situations of conflict generally …” „… serious legal obstacle to the maintenance of regular State functions, including the protection of …” „… investment. The state of occupation requires a thorough analysis of the continuity or renunciation of legal …”

Heike Krieger, Björnstjern Baade, Linus Mührel Introduction: International Humanitarian Law and Areas of Limited Statehood S. 21-40

„… effectiveness of its legal rules has been constantly challenged by recurring changes in the conduct of warfare …” „… limited statehood’ (A.) as such is only seldom used in legal discourse, areas of limited statehood have …” „… Heike Krieger, ‘International Legal Order’ in Tanja Börzel, Thomas Risse and Anke Draude (eds), The …”

Vincent Widdig Detention by Organised Armed Groups in Non-International Armed Conflicts: the Role of Non-State Actors in a State-Centred International Legal System S. 124-162

„… Armed Forces of a State in Situations of Non-International Armed Conflict: the Quest for a Legal Basis …” „… some legal obligations to OAGs with regard to the protection of human rights in situations of deprived …” „… may be made comparing this case to the argument made in situations of failed States and their legal …”

Björnstjern Baade, Linus Mührel, Anton O. Petrov Concluding Observations: how International Humanitarian Law is Shaped to Meet the Challenges Arising from Areas of Limited Statehood – Theoretical Problems in Practice S. 217-240

„… therefore further complicates the situation. These conflicts take place in, contribute to, and indeed create …” „… Role of Non-State Actors in a State-Centred International Legal System’ in this volume 124 (hereafter …” „… subjects were discussed in this volume. First, it was debated whether IHL provides for a legal basis for …”

Raphael Schäfer A History of Division(s): a Critical Assessment of the Law of Non-International Armed Conflict S. 41-58

„… traditionally seen as the foundations of the international legal order.5 And, indeed, it seems to be true that …” „… critical legal scholars’ analyses identifying not only the imperial past of today’s international law, but …” „… international legal system because of their terminating effect: if a convenient and comprehensible explanation …”

Pia Hesse Comment: neither Sunken Vessel nor Blooming Flower! The Lotus Principle and International Humanitarian Law S. 80-86

„… will of independent States, Lotus serves as an important point of reference for deliberations on legal …” „… Turkish government, substantive regulations were predominantly found in the domestic legal orders of …” „… was to delimit spheres of competence between co-existing States. The substantive legal framework to …”

Katja Schöberl, Linus Mührel Sunken Vessel or Blooming Flower? Lotus, Permissions and Restrictions within International Humanitarian Law S. 59-79

„… of a State in Situations of Non-International Armed Conflict: the Quest for a Legal Basis’ in this …” „… is currently receiving considerable attention, in particular in debates surrounding the legal basis …” „… for detention in NIACs.1 Unlike the law of IAC,2 which provides for explicit legal bases on which to …”

Anton O. Petrov Comment: Detention in Non-International Armed Conflict by States – Just a Matter of Perspective on Areas of Limited Statehood? S. 118-123

„… regime by IHL as the special one is obsolete. The debate seems to have settled on a situation-specific …” „… illustrates how detention in NIACs by States is permeating practice as much as legal discourse. It also …” „… receives legal attention and adjudication nowadays. From an IHL perspective, however, the approach usually …”

Lars Müller Comment: Detention by Armed Groups S. 163-168

„… Forces of a State in Situations of Non-International Armed Conflict: The Quest for a Legal Basis’ in this …” „… bound by IHL or even IHRL? To what extent does this require them to possess a certain degree of legal …” „… this also allow them to become law-makers, instead of mere law-takers, on a legal level? Finally …”

Ira Ryk-Lakhman Aharonovich Foreign Investments as Non-Human Targets S. 169-193

„… investment treaties. This legal regime was described as the combination of substantive protections for …” „… investment treaties, while the term ‘investor’ specifies the range of legal and natural persons who stand to …” „… tribunal to legal disputes ‘arising directly out of an investment’,19 but does not define the term …”

doi.org/10.5771/9783845289557

Beth A. Griech-Polelle - The Nuremberg War Crimes Trial and its Policy Consequences Today

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Beth A. Griech-Polelle (ed.)

The Nuremberg War Crimes Trial and its Policy Consequences Today

2009

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Alberto Costi Addressing the Major Legal, Political, and Practical Obstacles Facing Hybrid Tribunals in Post-Conflict Situations: Learning from Past Experience and Lessons for the Future S. 130-156

„… 131 Addressing the Major Legal, Political, and Practical Obstacles Facing Hybrid Tribunals in …” „… Post-Conflict Situations: Learning from Past Experience and Lessons for the Future Alberto Costi1 I …” „… political change, characterized by legal responses to confront the wrongdoings of repressive predecessor …”

James Burnham Sedgwick Brother, Black Sheep, or Bastard? Situating the Tokyo War Crimes Trial in the Nuremberg Legacy 1946–1948 S. 62-76

„… Nuremberg Trials. Together they attempted to establish a legal framework to end future wars, and to ensure …” „… crisis has had a lasting impact. Was Tokyo a co-genitor of legal precedent or merely a subordinate “next …” „… step” in judicial evolution? Should Tokyo’s legal interpretations be seen as corruptions of Nuremberg …”

Winfried R. Garscha “Violation of Human Dignity” and Other Crimes against Humanity in Austrian War Crimes Trials S. 54-62

„… conservatives, social democrats, and communists. One of the first legal acts of this government, the Nazi …” „… of freedom of speech. It has been used as a legal clause for punishing Holocaust denial. The most …” „… provide a legal framework for the prosecution of perpetrators who had degraded their victims. It is …”

Rex A. Childers United States Military Law of War Doctrine: Making the ICC Irrelevant to the Ground Combat Forces of the United States in the Early Twenty-First Century S. 186-196

„… on political, legal, and moral challenges facing the United States and its allies in the current …” „… international legal and moral authority that would act to regulate the behavior of the United States military …” „… U.S. military, which is guided by a legal code of conduct and where members can and have been charged …”

Marina Yu. Sorokina On the Way to Nuremberg: The Soviet Commission for the Investigation of Nazi War Crimes S. 18-32

„… the priority of legal justice over retribution is not well known in Russia either in the academy or …” „… the authors of the basic legal ideas and procedures used and proposed by Soviets for the Nuremberg …” „… educated people in the legal profession—public and military prosecutors and investigators. Krivtsov’s …”

Christoph J. M. Safferling German Participation in the Nuremberg Trials and Its Implications for Today S. 32-42

„… is a summary of the situation in which we are today, sixty years after the beginning of the trials …” „… situation and the total collapse of civilization and therefore deserving of punishment. Around 80% of the …” „… in attitude can be observed in several instances. Here I want to address several legal difficulties …”

Titelei/Inhaltsverzeichnis S. 1-5

„… Nuremberg Trials and American Jurisprudence: The Decline of Legal Realism, the Revival of Natural Law, and …” „… the Development of Legal Process Theory Rodger D. Citron 77 Section II: The Present-Day …” „… 6 3. Addressing the Major Legal, Political, and Practical Obstacles Facing Hybrid Tribunals in …”

Aaron Fichtelberg The International Criminal Court and the Ethics of Selective Justice S. 114-130

„… . All of these different responses to an infraction are perfectly legal and most are quite commonplace …” „… make moral decisions in human situations (Nichomachean Ethics) have been at odds.15 For Aristotle it …” „… application of generic normative rules to everybody in every situation is not always the appropriate way to …”

Beth A. Griech-Polelle Introduction: The Legacy of Nuremberg S. 12-18

„… social scientists and legal experts to a conference entitled “The Nuremberg Trial and Its Policy …” „… , 1945, he made clear the difficulty in meting out justice in such a situation: Unfortunately, the …” „… by the legal experts. Moving forward in time, Michael S. Bryant’s essay addresses the issue of how …”

doi.org/10.5771/9783845214122

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OER Osteuropa Recht

Browse Volumes: OER Osteuropa Recht

OER Volume 61 (2015) Issue 2 ISSN Online: 2366-6730

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Katarzyna Południak Causality of the Settlement in Polish Law S. 201-208

„… basic relationship, conditioning the legal situation of the parties, lies in the past, whereas the cause …” „… dubious? If the cause of the settlement is the determination of the legal situation of the parties, then …” „… the purpose of clarifying and determining their legal situation, such an approach might be more …”

Liudmyla Savanets The Pledge of Securities as a Way of Providing Satisfaction for Credit Obligation under Ukrainian Law S. 183-200

„… previous auction. It is an interesting situation, when the auction is declared frustrated. The legal …” „… . 90–93 (Young scientist 1|2013). 184 Liudmyla Savanets Considering the specific legal nature of …” „… least complications are aroused by theoretical analysis of pledge. II. Legal regulation of pledge of …”

Konrad Kohutek The Amendment of Polish Competition Law of June 2014 – Critical Remarks S. 127-137

„… individuals – ‘managing persons’ (defined in art. 4 (3a) ACCP5). The legal ground constituting the liability …” „… amount of the penalty, the OCCP should consider legal criteria, e. g., to what extent the managing …” „… excludes the admissibility of double punishment for the same infringement, what pertains to the situation …”

Nataliya Y. Rasskazova Proprietary Security in Russian Law in the Light of the Draft Common Frame of Reference S. 169-182

„… ownership devices.4 Security rights in property are treated differently depending on the legal system in …” „… two legal constructs: retention of ownership devices by the creditor for security purposes (the …” „… purposes is widely recognised as a separate legal tool in the jurisdictions that treat possessory pledge …”

Igor Usenko Säuberung der Staatsverwaltung auf Ukrainisch S. 209-225

„… Position erworben wurde (wurden) sowie zu Einkünften aus legalen Quellen, ergeben hat. Auf diese Weise …” „… richtet, die nicht gemäß ihrem [legalen – Anm. d. Übers.] Einkommen leben. Als drittes Ziel findet sich …” „… Initiative) in Situationen, in denen es zu den unmittelbaren Aufgaben von Mitarbeitern der …”

doi.org/10.5771/0030-6444-2015-2

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OER Osteuropa Recht

Browse Volumes: OER Osteuropa Recht

OER Volume 62 (2016) Issue 4 ISSN Online: 2366-6730

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Tímea Drinóczi Special Legal Orders: Challenges and Solutions S. 420-437

„… deal better with challenges, adapt to the new situations, uphold legal and public order, and promote …” „… emergency situations, or special legal orders,2 constitutional democracies function differently than usual …” „… legal orders, or any special measures in a crisis situation should have a strong constitutional basis …”

Abstracts S. 493-495

„… challenges, adapt to the new situations, uphold legal and public order, and promote peace and safety in its …” „… in the legal protection of computer programs that would be compatible with the European legislation …” „… into the national legislation, there are some systematic inconsistencies between the two legal systems …”

doi.org/10.5771/0030-6444-2016-4

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