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Till Patrik Holterhus - The Law Behind Rule of Law Transfers

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Till Patrik Holterhus (ed.)

The Law Behind Rule of Law Transfers

2019

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Astrid Wiik, Frauke Lachenmann The Law Behind Rule of Law Promotion in Fragile States – The Case of Afghanistan S. 175-224

„… Challenges and Shortcomings in Rule of Law PromotionIV. 184 Legal Basis and Mandate for Rule of Law Promotion …” „… The Law Behind Rule of Law Promotion in Fragile States – The Case of Afghanistan Astrid Wiik* and …” „… Frauke Lachenmann# Table of Contents Abstract 176 IntroductionA. 176 Rule of Law Promotion in …”

Till Patrik Holterhus The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy – EU Treaty Imperatives and Rule of Law Conditionality in the Foreign Trade and Development Nexus S. 73-112

„… The EU’s Rule of Law Concept With Respect to its External PromotionIII. 86 Absence of an Explicit …” „… The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy – EU Treaty Imperatives and Rule …” „… Contents Abstract 74 Introduction – A Legal PerspectiveA. 74 Legal Imperatives for Rule of Law Promotion in …”

Till Patrik Holterhus A Theoretical Introduction and Legal Perspective on Rule of Law Transfers S. 9-36

„… Dimensions of Rule of Law Promotion in EU Foreign PolicyII. 31 Article 18 ECHR as a Legal Safeguard Against …” „… Behind Rule of Law Promotion in Fragile StatesV. 33 The ICTY and its Rule of Law Promotion Efforts …” „… the field of rule of law promotion in third States – provoking transfers not only by making the …”

Kei Hannah Brodersen The Rule of Law à la ICTY – What the ICTY Deemed Just Good Enough and How it Supported the Countries in the Former Yugoslavia to Become Better S. 225-270

„… Ground for Rule of Law Promotion II. 233 The End: Preparing for the ICTY’s LegacyIII. 240 The ICTY’s …” „… , the Tribunal increasingly placed itself in the context of rule of law promotion, the trigger being its …” „… national justice systems for receiving these cases, the ICTY initiated a number of rule of law promotion …”

Titelei/Inhaltsverzeichnis S. 1-8

„… drive the promotion of the rule of law abroad. It strives to explore which legal instruments and …” „… Transfers 37 Andreas L. Paulus and Johann Ruben Leiss The Legal Dimensions of Rule of Law Promotion in EU …” „… 147 Andreas Th. Müller The Law Behind Rule of Law Promotion in Fragile States – The Case of …”

Andreas Th. Müller Promoting the Rule of Law Through the Law of Occupation? An Uneasy Relationship S. 147-174

„… * Table of Contents Abstract 147 IntroductionA. 148 Is the Promotion of the Rule of Law Outside the Remit …” „… and cautious answer (E.). Is the Promotion of the Rule of Law Outside the Remit of the Law of …” „… Occupation? As has already been mentioned, promotion of the rule of law does not sit easily with the …”

Peter-Tobias Stoll International Investment Law and the Rule of Law S. 271-296

„… International Investment Law and the Rule of Law Peter-Tobias Stoll* Table of Contents Abstract 272 …” „… , Contestation and ReformB. 274 International Investment Law and the Rule of LawC. 280 The Obvious: Investment …” „… Law to Promote the Rule of LawI. 280 Legalization and Judicialization for International Peace and …”

doi.org/10.5771/9783845298481

Nicole Wichmann - Rule of Law Promotion in the European Neighbourhood Policy

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Nicole Wichmann

Rule of Law Promotion in the European Neighbourhood Policy

Series: Studies on the European Union

Volume 4 2010

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Relevance and the guiding research questions S. 15-17

„… asa promoter of Rule of Law (RoL) in the world. The EU’s RoL promotion ‘toolbox’was primarily …” „… law and the rule of law are the foundations of theinternational system. Thus, the rule of law is among …” „… 62nd Session of the General Assembly, 6th Committee ‘Agenda Item86. Rule of law at the national and …”

The goals promoted by the ‘governance’ policy makers S. 70-73

„… prioritieswith respect to RoL promotion:‘(a) promoting and strengthening the Rule of Law, in particular upholding …” „… promotion:‘The primacy of the law is a fundamental principle of any democratic system seeking to foster …” „… development cooperation agreement that declared human rights, democratization, rule of law and goodgovernance …”

Bibliography S. 221-243

„… Policies for the Promotion of HumanRights, Democracy and the Rule of Law', paper presented at the Workshop …” „… on DemocracyPromotion, Centre for Development Democracy, and the Rule of Law, Stanford …” „… (eds), Rule of Law in Latin America: The International Promotion of JudicialReform. London: Institute …”

The theoretical/conceptual foundations of the key arguments S. 17-20

„… proposes to investigate three research questions.– Firstly, what does the Rule of Law policy output2 tell …” „… does the European Union promote Rule of Law in the EuropeanNeighbourhood Policy? Which variations …” „… , anti-drugs, anti-corruption and justice reform) of the EU’s Rule of Lawpromotion policy?In the following …”

Rule of Law – a contested concept S. 52-55

„… that Rule of Law(RoL) promotion in the European Neighbourhood Policy (ENP) is a CompositePolicy. It …” „… the EU’s RoL promotion activities.Rule of Law – a contested conceptAlthough the first scholarly texts …” „… [1986] ECR 1339, para. 23 a: ‘the European Community is aCommunity based on the Rule of Law, insomuch as …”

Merging good governance and democracy promotion S. 66-68

„… promotion of human rights,democracy and the rule of law as objectives of CFSP and development policy …” „… , two regulations on the promotion of democracy, humanrights and rule of law, were adopted in 1999.32 In …” „… Democratisation, the Rule of Law, Respect forHuman Rights and Good Governance: the Challenges of the Partnership …”

The goals promoted by the JHA external dimension policy makers S. 79-82

„… , the Commission acknowledges that ‘fostering the rule of law externally through cooperation isessential …” „… , the rule of law and respectfor human rights are more effective in preventing domestic threats to their …” „… by ruleof law, human rights and the respect for international obligations (Council of theEuropean …”

Operationalizing the independent variables S. 41-46

„… change make policy paradigms difficult to identify in a new issue area,such as Rule of Law promotion in …” „… complicatedundertaking owing to the high level of fragmentation, negative coordination prevails. As a general rule …” „… byequipping the individual with a set of rules and routines. This process of generatingmeanings takes a long …”

Operationalizing the EU’s power in international relations S. 30-36

„… ). Normative foreign policy instruments are defined as instruments ‘chosen within theconfines of the law …” „… indirect actions and inactions and theeffective building and entrenchment of an international rule …” „… , increase of tariffs), while milieu goals2.1.230are others-regarding goals, such as the promotion of …”

The preferred modes of governance and logics of interaction S. 82-84

„… development. In the eyes of the Commission, RoL promotion should serve tostrengthen the capacity of …” „… efficiency of the law enforcement authorities. Sporadic references to the independence and the impartialityof …” „… which the EU lacksan acquis. The operational acquis consists of a number of soft-law standards …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Political ScienceUniversity of CologneVolume 4Normative or Strategic Power Europe? Rule of Law Promotion …” „… Methodology and case selection2.3 48Chapter 3 – The Composite Policy 52Rule of Law – a contested concept3.1 52 …” „… in data banks. Under § 54 of the German Copyright Law where copies are made for other than private …”

The preferred modes of governance and logics of interaction S. 73-75

„… includes: respect forthe rule of law and access for all to an independent justice system …” „… governmentinstitutions and respect for the rule of law help create an environment conduciveto sustainable economic growth …” „… concepts of human rights,democratisation and democracy, the rule of law, civil society, decentralised power …”

Bilateral level: Morocco S. 163-165

„… Ukrainian authorities to ensure the rule of law, asillustrated by non-implementation of decisions of the …” „… under the heading of democracy or RoL promotion.By contrast, I find references to anti-corruption in the …” „… recruitment,mobility, assessment, and promotion of civil servants. Meanwhile, the normativeor ethical aspects of public …”

The goals pursued by the ENP policy makers S. 61-63

„… the essential partners: … to create an enlarged area of political stabilityand functioning rule of law …” „… precondition for further cooperationwith the EU and, secondly, their promotion is one of the key objectives of …” „… documents they are omitted. As regards the third dimension, the scope of RoL promotionefforts, the empirical …”

A shared but not uncontroversial policy frame S. 91-94

„… law enforcement. The majority of the references toroot causes are declamatory (Howorth, 2006: 6 …” „… Council sectoral policy makers have focused on enhancingthe level of cooperation between the law …” „… macro-policymakers in DG Relex and Dev go beyond the promotion of cultural dialogue. In the2002 Staff Working Paper …”

Bilateral level: Morocco and Tunisia S. 188-191

„… the principles of the rule of law’ (Council ofMinisters of the Council of Europe, 1949). The CoE …” „… projects shows that the EU is shiftingtowards the promotion of milieu goals and reliance on network …” „… theprovisions of law 154 (1959) and of the decree of 8 May 1922. As the TunisianHuman Rights League has not …”

Regional level: Southern dimension S. 104-107

„… sub-committee meetings the Commission underlined the importance of intensifying law enforcement cooperation with …” „… whose purpose is the developmentand promotion of policies to combat money laundering and terrorist …” „… MENA-FATF’s standard-setting activities have led to a tightening of rules in the formal banking sector in the …”

Presenting the actor coalitions and the distribution of resources S. 178-181

„… contact point on Rule of Law has been created in Europeaid’s Quality Support Unit on democratization and …” „… submission of the state authorities to law’ (EuropeanCommission, 2009b: 1). To achieve these ambitious …” „… agenda.Overall, it has been shown that the resources dedicated to the promotion of justicereform in third …”

Theoretical debate on the nature of the EU’s power S. 26-30

„… are defined as instruments ‘chosen within theconfines of the law’ (Tocci, 2008: 10). At the level of …” „… theeffective building and entrenchment of an international rule-bound behaviour’(Tocci, 2008: 11).In this study …” „… variation characterizes the EU’s RoL promotionpolicy output, and how the emergence of this pattern can be …”

doi.org/10.5771/9783845227337

Oliver C. Ruppel, Kathrin M. Scherr, Alexander D. Berndt - Assessing Progress in the Implementation of Zimbabwe's New Constitution

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Oliver C. Ruppel (ed.), Kathrin M. Scherr (ed.), Alexander D. Berndt (ed.)

Assessing Progress in the Implementation of Zimbabwe's New Constitution

Series: Recht und Verfassung in Afrika - Law and Constitution in Africa

Volume 32 2017

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Oskar Wermter The Role of the Church(es) in the Promotion of the Rule of Law and Democracy in Zimbabwe S. 136-161

„… 136 The Role of the Church(es) in the Promotion of the Rule of Law and Democracy in Zimbabwe Fr …” „… and missionaries. The Church(es) in the Promotion of the Rule of Law and Democracy in Zimbabwe 137 …” „… bless the new flag.11 Church(es) in the Promotion of the Rule of Law and Democracy in Zimbabwe 139 …”

Jacob Francis Mudenda Keynote Address S. 18-24

„… auspicious. I commend the organizers: the Max Planck Foundation for International Peace and the Rule of Law …” „… , with the assistance of the German Federal Foreign Office, the Development and Rule of Law Programme at …” „… based on the rule of law, hard work, respect for and enjoyment of fundamental rights and freedoms …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Rule of Law and Democracy in Zimbabwe 136 Fr Oskar Wermter SJ The Judicial Enforcement of …” „… . Their implementation in day-to-day life would strengthen the rule of law and, thereby, have a …” „… Africa. Prof. Oliver Ruppel’s Development and Rule of Law Programme (DROP) at the University of …”

E. H. Mugwadi The Role of Independent Commissions with Particular Reference to the Zimbabwe Human Rights Commission S. 231-248

„… to mention that the protection mandate is centred on the rule of law, the administration of justice …” „… . The International Co-ordinating Committee (ICC) of National Institutions for the Promotion and …” „… of programmes began in earnest. The set-up and structure of the ZHRC Although the law requires the …”

Teresa P. Mugadza The Role of Constitutional Commissions in Zimbabwe’s New Constitution S. 187-196

„… and the rule of law and constitutionalism. The Role of Independent Constitutional Commissions The …” „… promotion of transparency and accountability in the exercise of public authority, and the remedying of …” „… of the state and the fact that their mandate includes the promotion of constitutionalism and the …”

Oliver C. Ruppel Constitutionalism and Constitutional Reform: Selected Aspects from a Regional Perspective S. 51-83

„… , constitutional reform alone is not sufficient to ensure constitutionalism, democracy and the rule of law. In …” „… , still often supersede patriotism, national unity, sharing and devolution of power, the rule of law …” „… commitment to the rule of law, democratic government, and respect for fundamental human rights and freedoms …”

Appendix Constitution of Zimbabwe Amendment (No. 20) Act, 2013 S. 249-440

„… democracy, good, transparent and accountable governance and the rule of law, Reaffirming our commitment to …” „… rule of law; (c) fundamental human rights and freedoms; (d) the nation’s diverse cultural, religious …” „… freedoms and the rule of law; and (d) respect the diversity of the people and communities of Zimbabwe. 91 …”

A. Ingham-Thorpe, B. D. Crozier The Independent Commissions: Success or Failure? S. 197-230

„… calls ‘the Electoral Law’,23 which regulates the conduct of elections. Elections must be held in …” „… , however, the regulations formed the basis of the law under which the 2013 elections were conducted. The …” „… experience in, the promotion of human rights’. All the members are appointed by the President, the …”

Rüdiger Wolfrum The Legitimacy of Constitution-making from an International Law Perspective S. 84-98

„… has emphasized that the principle of the rule of law is to be respected and implemented. The content …” „… of the rule-of-law principle was defined by the UN Secretary- General as referring to a principle of …” „… Assembly’s High Level Declaration on the Rule of Law has a somewhat different focus. It states: We agree …”

Alexander Berndt, Kathrin Maria Scherr Conference Report S. 25-36

„… and the European Union considered respect for the new Constitution and the rule of law to be one of …” „… system of the nation. Zimbabwe had been a state that adhered to the rule of law since it replaced the …” „… rule of law was also an important prerequisite for the peaceful design of international relations. A …”

doi.org/10.5771/9783845283746

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VRÜ Verfassung und Recht in Übersee

Browse Volumes: VRÜ Verfassung und Recht in Übersee

VRÜ | WCL Volume 45 (2012) Issue 3 ISSN Online: 2941-9603

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Stephen Humphreys Theatre of the Rule of Law. Transnational Legal Intervention in Theory and (Jörg Menzel) S. 363-364

„… 978-1-107-00078-0 “Rule of Law Promotion” (Rechtsstaatsförderung) gehört seit einiger Zeit zu den Schwerpunktthemen …” „… möglichst wenig Staat und Regulierung sowie möglichst viel freier Markt. „Rule of Law Promotion“ als Teil …” „… Politik der „rule of law promotion“ folge, mit dem von Geberseite Werte und Prinzipien auf die Nehmerseite …”

Cord Lüdemann Renewable Energy Promotion in South Africa – Surrounding Conditions and Recent Developments S. 315-323

„… establishment of a promotion system by law. This would add weight to a political decision on a specific …” „… African promotion policy. The South African case features typical challenges of an emerging economy …” „… . Regulatory framework conditions in South Africa Unlike the promotion of renewable energies in other countries …”

Abstracts S. 271-273

„… accountability, and the rule of law) can be met, as stipulated by the main EU treaties and the Cotonou Agreement …” „… the promotion of higher standards of living, solutions to health related problems and universal …” „… second step, South African promotion policy will be put into the broader context of climate change …”

Fons Coomans On the right(s) track? United Nations (Specialized) Agencies and the Use of Human Rights Language S. 274-294

„… ; participation and inclusion; accountability and the rule of law. For present purposes it is important that the …” „… be put back in line with the values of social justice and rule of law. This is further in alignment …” „… promulgated a new Constitution. This new document puts emphasis on the rule of law, democratic governance …”

Daniel R. Mekonnen, Mirjam van Reisen The EU Lisbon Treaty and EU Development Cooperation: Considerations for a Revised EU Strategy on Development Cooperation in Eritrea S. 324-343

„… promotion of, human rights, fundamental freedoms, democratic principles and the rule of law. We understand …” „… obligations to promote human rights, respect for the rule of law and democratic accountability. It is …” „… evidence of human rights violations, lack respect to the rule of law and absence of democratic institutions …”

doi.org/10.5771/0506-7286-2012-3

Prinz Nikolaus von und zu Liechtenstein, Mario Monti, Bo Vesterdorf, Jay Westbrook, Luzius Wildhaber - Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

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Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

2007

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Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… 891 CHRISTA TOBLER Going Global in Sex Equality Law The Case of Gender Representation Rules for …” „… interesting questions of the compatibility of gender representation rules with EEA law. Discussing an issue …” „… the level of regional law, namely to the compatibility of gender representation rules with EEA law. II …”

Dr. Clifford A. Jones Private Antitrust in the Global Market. An Essay on «Swimming without getting wet» S. 443-454

„… ‹competition law› (to use the term prevalent in the rest of the world) has for some years now increasingly left …” „… early attempt to export competition law on a broader basis was contained in the failed Havana Charter of …” „… competition laws, and more of them follow the civil law EU model rather than the USA’s common law Sherman Act …”

Barry E. Hawk Conduct Element in Abuse of Dominant Position S. 393-404

„… Articles 403 I. Introduction The application of competition or antitrust law1 to dominant firms raises …” „… many of the most significant and difficult legal, economic and public policy issues in competition law …” „… predictability of legal rules; assumptions about the comparative roles of governments and markets; assumptions …”

doi.org/10.5771/9783845204918

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