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Martin Senn

Wolves in the Woods

Series: Nomos Universitätsschriften - Politik

Volume 166 2009

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The Rogue State as an Objective Category S. 15-17

„… Discussion about the Rogue State Concept 1.2.1. The Rogue State as an Objective Category The academic …” „… that the concept is an objective and Table 1. Explanations of the Rogue State Concept (based on E …” „… . Herring) conservative liberal left-wing interpretivist the rogue state label …a is an objective …”

Identities and Interests of State Actors S. 35-37

„… part of the Self”114. A state’s interests, which can be subdivided into objective and subjective …” „… are constantly developing social phenomena, objective interest of a state’s corporate identity are …” „… 35 its logic are not mono-dimensional and exogenous to actors but “[a]narchy is what states make of …”

The Rogue State Concept in U.S. Foreign Policy S. 17-25

„… that the concept is an objective and Table 1. Explanations of the Rogue State Concept (based on E …” „… . Herring) conservative liberal left-wing interpretivist the rogue state label …a is an objective …” „… “rogue states have a clear function in U.S. foreign policy, independent of any objective criteria.”29 …”

A Second Image Complementation of Wendt’s Approach S. 48-57

„… : Wendt argues that states have pre-social, objective interests (physical survival, autonomy, economic …” „… the objective interests but requires actors (decision-makers) to perform this task. So not the state …” „… state (objective interests) and acts according to his interpretation of how to meet these requirements …”

A Refinement of Wendt’s Theory S. 177-179

„… , possible features, and implications of an objective concept of international outsider states and has …” „… objective and adequate representation of the threat emerging from the respective states, whereas proponents …” „… state concept transcends the (objective) threat posed by these states and is the consequence of …”

Explaining the Rogue State Concept S. 177

„… , possible features, and implications of an objective concept of international outsider states and has …” „… objective and adequate representation of the threat emerging from the respective states, whereas proponents …” „… state concept transcends the (objective) threat posed by these states and is the consequence of …”

There may be Wolves in the Woods ... S. 184-186

„… of rogue states. This development can be traced back to a number of reasons. In addition to the fact …” „… not technical state-of-the-art but impressive in terms of quantity – would enable the North to inflict …” „… diplomatic measures must not be equated with abandoning Hobbesian objectives. Increased spending on radio/TV …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Rogue State as an Objective Category 15 1.2.2. The Rogue State Concept in U.S. Foreign Policy 17 …” „… Nomos UniversitätsschriftenPolitikBand 166Dr. Martin SennWolves in the WoodsThe Rogue State Concept …” „… difficult than to understand him. Fyodor Dostoevsky My interest in the issue of states at the fringe of …”

Ye Rogues! S. 13-15

„… . 1.2. The Academic Discussion about the Rogue State Concept 1.2.1. The Rogue State as an Objective …” „… . Likewise, terms such as outlaw, pariah, or renegade refer to a state of being an outsider to a group and a …” „… academics in the United States have relied on an attributive usage of these terms to refer to state actors …”

A Challenge to the Traditional Concept of Anarchy S. 34-35

„… international politics. Sharing Waltz’ objective of formulating a systemic theory of international politics103 …” „… and his exclusive focus on state actors, Wendt alters the respective discussion in two fundamental …” „… mainstream view of anarchy as it was, for example, defined by Kenneth Waltz: Among states, the state of …”

The USA – Dancing with the Wolves S. 181-184

„… heavily influenced their interaction with the external world. Overall, the leaders of rogue states have …” „… existence as well as to the existence of their respective ruling systems. In this context, U.S. (rogue state …” „… members of the rogue state core group well. The emphasis on the threat emerging from the bullying …”

The (In)dependent Monarchy and the Seeds of Confrontation S. 100-104

„… proved to be important for the later development of the Libyan state, since it established a basis of …” „… legitimacy for the Sanusi leadership of the independent Libyan state442. Even more important for the later …” „… three provinces, which were left in a devastating state after the decades of Italian occupation and the …”

Ontological and Epistemological Positions S. 25-30

„… 25 threat’65 and the rogue state concept as reactions to the diminishing ability to characterize …” „… discusses the rogue state concept by using different theories of international relations. As for structural …” „… realism, she argues that “[g]iven that all states behave according to the same logic of self-help and that …”

Behavioral Patterns of Hobbesian Actors S. 43-48

„… fundamental issue was, and remains, whether the U.S. objective toward rogue states should be to change their …” „… 43 example, a state may imitate the behavior of ‘successful’ states which survive due to strong …” „… . If state A treats state B as an enemy, then B will probably internalize the role identity and adapt …”

Iran’s External Behavior S. 90-97

„… . resources and thus to substantially weaken the United States in the current dispute over Iran’s nuclear …” „… United States, as well as the re-emergence of a hostile (Sunni) regime in its nearest neighborhood. The …” „… ) but has so far refrained from doing so because it needs the United States to stabilize Iraq (as well …”

The Assumption of Irrationality and Risk-Proneness S. 150-169

„… context, rogue states are assumed to pursue three objectives by threatening with the first-use of nuclear …” „… assessment regarding the irrationality and risk-proneness of rogue state decision-makers as well as on the …” „… argument that deterrence may fail in the case of rogue states. 4.1.4. The Assumption of Irrationality and …”

doi.org/10.5771/9783845215839

Elena Kulipanova - Regional cooperation, external actors and power relationships in Central Asia

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Elena Kulipanova

Regional cooperation, external actors and power relationships in Central Asia

Series: Demokratie, Sicherheit, Frieden

Volume 207 2013

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The stated objectives of the individual Central Asian states S. 142-155

„… stated objectives of the individual Central Asian states Similar to the case of international transport …” „… each Central Asian state are the central executive bodies responsible for the development and …” „… identify the general interests and specific preferences of the Central Asian states I will, therefore, rely …”

The general capabilities of the EU: on the EU foreign policy S. 207-209

„… only started consistently referring to this objective a decade later. To that end, it adopted several …” „… to the Commonwealth of Independent States (TACIS) regional activities which focused primarily on the …” „… with the Central Asian states. This was a major reason for the establishment of the regional Border …”

Defining resources at the EU’s disposal S. 209-211

„… European Commission is a full member along with its member states. Finally, development is “at the heart …” „… poverty reduction, but it is also linked to its broader foreign policy objectives. The most obvious link …” „… development cooperation “shall contribute to the general objective of developing and consolidating democracy …”

From general interests to specific preferences S. 118-125

„… the country.184 4.3.2. Assessing the ability to realize the stated objectives In general, state …” „… objectives. While all the Central Asian states have announced and pursued a number of objectives, the key …” „… states have a relatively developed and integrated transport network, although it is poorly maintained. An …”

The mechanisms of impact and the reasons for failures S. 38-48

„… rights as their re-39 norms and rules through the process of socialization, new states are induced to …” „… in behavioral adjustment of the Central Asian states. Yet it is methodologically difficult to …” „… establish a causal link between the two. Indeed, states may alter their behaviors for various reasons, such …”

Promoting cooperation in transport: the TRACECA program S. 235-240

„… Transport Corridor Europe-Caucasus-Asia (TRACECA) program which was classified as one of the inter-state …” „… programs in the TACIS documents. Currently, beneficiaries of TRACECA are the four Central Asian states …” „… the official aims was “to encourage further regional cooperation among the partner states” (European …”

Assessing the ability to realize the stated objectives S. 125-127

„… fulfill their objectives. While all the Central Asian states have announced and pursued a number of …” „… northern parts of the country.184 4.3.2. Assessing the ability to realize the stated objectives In …” „… general, state capacity refers to the ability of governments to shape and implement their policies and …”

The concept of trade facilitation as a solution to cross-border trade barriers S. 138-142

„… . status quo 5.2.1. The stated objectives of the individual Central Asian states Similar to the case of …” „… 138 all the Central Asian states.200 Thus, the annual losses from smuggling in Kazakhstan …” „… that nearly 50 % of potential customs revenues are lost to the state’s budget (Interview #2, Dushanbe …”

Promoting cooperation in border management and trade facilitation: the BOMCA progrma S. 240-247

„… , was specifically designed for the Central Asian states. It is considered a “flagship EU regional …” „… program” in this region (Matveeva 2006, p. 88). While its objective is that “of enhancing border security …” „… emphasized since 2007 which is indicated by the more extensive reference to this objective in BOMCA’s …”

Case studies S. 58-60

„… states must make the elites receptive to the importation of new ideas and normative claims about state …” „… authoritarian states, would presuppose its extension up to the political elites who are the ultimate decision …” „… policies of the Central Asian states. This view thus fits the overall approach of the study based on the …”

Definitions and approaches to regional cooperation S. 226-228

„… integration is one of the oldest of the foreign policy objectives of the EU (Smith K. 2008, p. 76), prior to …” „… to the post-Soviet states that internal and intra-regional developments within the new states where …” „… the centrifugal trends prevailed was a reason why the EU was less involved with this objective. At …”

The extent of ADB engagement in Central Asia S. 169-171

„… states that the Bank should mainly finance specific projects, it also introduced program lending in 1978 …” „… dialogue on the development objectives in a particular area. As part of this, a developing member country …” „… , the-then newly independent states were required to provide commitments to market economy and pursue …”

Rethinking regional cooperation in Central Asia S. 257-261

„… politics. One of the objectives of my analysis was to better understand how the domestic factors (state …” „… cooperation. While all the Central Asian states have announced and pursued a number of objectives, the key …” „… in this region. Overall, the aim was to better understand how they have pursued this objective and to …”

The state of research: external influences and domestic change in Central Asia S. 17-22

„… successfully achieve their objectives. However, rather the opposite is true. Despite many official commitments …” „… and the plethora of regional organizations in which the Central Asian states participate, they have …” „… major factors explaining their failure. 1.2. The state of research: external influences and domestic …”

The two regionalizing strategies of the EU S. 230-235

„… objective of promoting regional cooperation in Central Asia. Table 26. EU funding for regional cooperation …” „… in its agreements with the Central Asian states since the early 1990s, as was common in its external …” „… Soviet Union” (European Union/Kazakhstan 1999). The EU initiated a number of regional and inter-state …”

Conclusion S. 133-134

„… has been little harmonization of standards, regulations and operations among the Central Asian states …” „… states of Central Asia with a number of advantageous patterns, but also with obstacles. On the positive …” „… with a partial lack of transport links within the new state borders which required frequently crossing …”

Operationalizing the key variables: state interests, policies, capacities S. 31-36

„… strategies (or policies) of the Central Asian states. A further impact channel might also be influencing …” „… , while ruling out the possibility of causing a (re-)definition of the Central Asian states’ interests …” „… failures of IOs to promote it might be explained by the Central Asian states’ lack of capacities to …”

Interest and/or behavioral change through a learning process S. 54-55

„… influence is understood as securing the compliance of the Central Asian states in accordance with the IOs …” „… is expected to result in the behavioral adjustment of the Central Asian states towards choosing the …” „… expectations that the Central Asian states would have thought or acted differently (Lukes 2005, p. 43). However …”

The theoretical and conceptual foundations of the key arguments S. 22-23

„… EU’s external action and of its foreign policy objectives in the region. At the same time, her …” „… it is generally concerned with inter-state relations on the one hand, and with the role of IOs in …” „… more states” (Keohane 1990, p. 731). However, this approach is problematic. It is not clear how the …”

„… activities of IOs is expected to result in behavioral adjustment by the Central Asian states in terms of …” „… cooperation. The ultimate goal is to secure compliance of the states in accordance with the IOs’ wishes, which …” „… Central Asian states change (or do not change) their behavior as a result of either simple or complex …”

The extent of the EU engagement in Central Asia S. 211-218

„… sources of finance to pursue its development cooperation objectives. These sources are the EU regular …” „… economies in the Eastern Europe and post-Soviet states. Along with the amounts of development assistance …” „… towards the new independent states of the former Soviet Union. Its official aim was to “promote the …”

The findings beyond the analytical framework S. 267-269

„… the policies of the Central Asian states, long-lasting cooperation might only be expected when a …” „… driven by the imperative to lend both in its relations with individual Central Asian states and in …” „… identify this as an actual objective. This was an unexpected finding with respect to the research topic …”

Methods of exerting influence S. 52-54

„… 52 understood as the importance of motivational bases and needs of states (Cartwright 1969, p. 152 …” „… ). These needs are conceptualized in this study in terms of the reliance of the Central Asian states on the …” „… states are involved, and the degree of reliance of the Central Asian states on the IOs’ resources …”

Titelei/Inhaltsverzeichnis S. 2-8

„… . The stated objectives of the individual Central Asian states 142 5.2.2. Assessing capacities for …” „… question 15 1.2. The state of research: external influences and domestic change in Central Asia 17 1.3 …” „… understanding 30 2.1.4. Operationalizing the key variables: state interests, policies, capacities 31 2.2 …”

Historical legacy: explaining the patterns of (inter)dependence S. 104-106

„… for this region since all the Central Asian states are landlocked countries which do not have …” „… extent do these arguments fit with the interests of the Central Asian states? Would their capacities have …” „… international transport. The chapter then examines the objectives of the central decision-makers in Kazakhstan …”

Conceptual idea behind the promotion of regional cooperation S. 225-226

„… individual Central Asian states whereas, in the majority of cases, its immediate interests have gained the …” „… regional cooperation and integration is one of the oldest of the foreign policy objectives of the EU (Smith …” „… Delcour (2011, pp. 34-35) argues with respect to the post-Soviet states that internal and intra-regional …”

The current trade environment in Central Asia S. 135-138

„… choices of the Central Asian states. To that end, the objectives of the central decision-makers in customs …” „… -) cooperation Trade is important for all the Central Asian states if we consider the high ratio of it to their …” „… GDP, as I discussed in Chapter 3. However, their landlocked positions subject these states to the …”

The roles, functions and instruments of the EU S. 228-230

„… countries may move faster than others towards the integration and cooperation objectives (European …” „… indirectly undermining both its regional approach and its objective of promoting regional cooperation in …” „… Central Asian states since the early 1990s, as was common in its external relations elsewhere. Thus, in …”

Conclusion S. 202-206

„… preliminary assessments of the degree of reliance of the Central Asian states on its resources. I then …” „… an overview of whether and to what extent the Central Asian states have complied. Following the …” „… was one of the reasons why it was able to increase its lending to the Central Asian states, including …”

United States S. 91-95

„… , like with Russia, bilateral cooperation dominates relations between China and the Central Asian states …” „… ; a regional dimension is almost absent. 3.3.3. United States Unlike Russia, the U.S. was a …” „… By contrast, European democracy promotion is top-down-oriented, underlining the role of the state and …”

General capabilities of the ADB S. 164-167

„… having impact on either the Central Asian states’ interests, policies and/or capacities to cooperate …” „… Asian states on ADB resources. The chapter then discusses the general policies, approaches, functions …” „… achieve its objective. 6.1. Assessing the ADB’s potential to exert influence in Central Asia 6.1.1 …”

Russia S. 83-88

„… coined these interactions “virtual regionalism.” He argues that the Central Asian states are nevertheless …” „… states have participated in these organizations despite bilateral grievances. Thus, as a whole, the …” „… nature of bilateral relations among the Central Asian states implies that they are less conducive to …”

Infrastructure vs. policies? Implications for regional cooperation S. 127-133

„… two Central Asian states on international support. Kyrgyzstan and Tajikistan are likely to rely …” „… (Samukhin and Toguzbaev 2009, p. 13). The discussions above show that the Central Asian states have shared …” „… objectives to reduce transportation costs and to attract international transit flows through their …”

On the nature of bilateral relations in Central Asia S. 73-81

„… ) argues that border control policies are the subject of individual state-building objectives: “The new …” „… 73 lem once the infrastructure was crossing borders of newly independent states. As I will discuss …” „… interests and the regional cooperation policy choices of the Central Asian states. This short overview …”

Overview of the chapters S. 24-25

„… Asian states in general, and in promoting regional cooperation, in particular. It is also a novel …” „… , whereby there is significant discrepancy between the official rhetoric and the actual practices of state …” „… overview of the political and economic strategies and development of the Central Asian states as well as …”

Document analysis S. 60-61

„… resulted in a similar outcome. I will further narrow down the research objective by assessing …” „… Asian states and both directly and indirectly affect their economic welfare, given their physical …” „… failures with respect to the four Central Asian states – Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan …”

Conceptual idea behind the promotion of regional cooperation S. 177-178

„… transport and energy sectors, which are among the highest priorities of all the Central Asian states. The …” „… . For various reasons, the amounts lent have been limited in the four Central Asian states for most of …” „… all the Central Asian states in recent years and to maintain its attractiveness thanks to the variety …”

Trade and interdependence in Central Asia S. 71-73

„… GDP. Consequently, they also became the most highly indebted Central Asian states. By contrast, due to …” „… states. 3.1.3. Trade and interdependence in Central Asia While there is a lack of reliable statistical …” „… trading patterns of all Central Asian states, with the share of trade with CIS countries falling to 25 …”

The mechanism of persuasion S. 247-249

„… discussions among the Central Asian states and supported regional projects and programs. The two regionalizing …” „… strategies underpin the broader inter-state TRACECA program and the genuinely Central Asian BOMCA program …” „… resources are less attractive to most of the Central Asian states. Given their prioritization for …”

Statement of the problem and the research question S. 15-17

„… the efforts of international organizations (IOs) to promote inter-state cooperation in this region …” „… patterns of cooperation between and among the Central Asian states, the book seeks to answer the following …” „… Central Asian states, which are considered as major factors explaining their (non-)cooperative behavior …”

The mechanism of persuasion S. 195-197

„… different corridors. While all of the Central Asian states share a common interest in developing transit …” „… Central Asian states, while the implications for regional cooperation remain ambiguous. 6.4. The …” „… attempt to exercise influence on the interests and policies of the Central Asian states: persuasion and …”

IOs as actors in their own right: on the roles and functions of IOs S. 36-38

„… questions of why states create institutions, how they pursue their interests through institutions, and …” „… regulative aspects of international institutions, whereby they can affect state behavior towards cooperation …” „… states, but also shape the interests and identities underlying this behavior (Wendt 1992; Finnemore 1996 …”

Assessing the extent of ADB resources S. 167-169

„… Central Asian states. 6.1.2. Assessing the extent of ADB resources While I assume that the ADB has …” „… attractiveness to the Central Asian states. While some countries are only OCR eligible, the concessional ADF …” „… loans are more attractive for the least developed states. They have a lower interest rate and include a …”

Cooperation S. 26-29

„… policy choices of individual states towards their neighbors, as derived from their interests, as well as …” „… ” implies having impact on interests and policies as well as on the capacities of the Central Asian states …” „… . Failure, then, refers to the lack of success in inducing and/or enabling these states to cooperate with …”

Iran, Turkey and Japan S. 95-98

„… ties with Tajikistan, Turkey paid more attention to the four other, predominantly Turkic states of …” „… “Association of independent Turkic states” for political and economic cooperation up to creating a “Turkic …” „… , who wanted to consolidate their states and build up national identities (Winrow 2001, p. 201; Asopa …”

Failures due to the lack of a power base? S. 261-264

„… external actors, above all China. The states have potentially been less able to realize their interests in …” „… Tajikistan), a major problem is with its quality. All the Central Asian states have participated in …” „… policies of the Central Asian states. Using the definition of power by Robert Dahl, I emphasized its …”

Assessing capacities for trade facilitation S. 155-158

„… states (Interview #4, Dushanbe, 29 October 2009; Komitet tamozhennogo kontrolia Ministerstva finansov RK …” „… Asian states started organizing their own customs institutions. The customs agencies were set up in 1991 …” „… Kyrgyzstan and Tajikistan is low compared with the trade turnover of these states: about 70,000 and 63,000 …”

The concepts of power S. 48-51

„… of interaction – IOs, the states and the mode of cooperation between the two. These are the …” „… the structure of relationship and interdependence between the IOs and the states subjected to …” „… conceptualization of the impact and failures of IOs in terms of influence or power. This is the main objective of …”

Conclusion S. 251-256

„… simply to non-democratic states (Youngs 2001, p. 356). EU relations with Tajikistan provide another …” „… Asian 252 states on its resources. The sections on the regional cooperation policies of the EU in …” „… pointing to the degree of the compliance of the Central Asian states. With respect to the first aspect …”

Constraints to international transit: physical and non-physical barriers S. 113-118

„… of the states in the five-year period shown. For example, in Kyrgyzstan only 22 % of the …” „… countries. 114 The table also shows that all the Central Asian states are performing better with respect to …” „… technical state of the railway networks (Shalabaeva 2007). Another constraint relates to the differences in …”

Conditionality of country and regional projects S. 197-202

„… IMF Initiative to set the fight against poverty as the core objective of development policies. Since …” „… through which the IFIs try to affect the interests of the Central Asian states. Commitments to …” „… 1990s. The Central Asian states were required to adopt road and/or transport sector policy statements …”

Definitions and approaches to regional cooperation S. 178-181

„… poverty reduction, which ADB declared as its main objective in 1999 (ADB 2004a). Other more recent ADB …” „… sensitive issues such as the transfer of sovereignty and the states’ interests (ADB 2004b). The distance …” „… achieved through provision of relevant information. In the second phase, the member states should make a …”

Geographical and geo-economic location: the burden and blessing S. 106-108

„… , the southern Central Asian states do not have an integrated domestic transport network. While this …” „… and rail links crossed the borders of the newly independent states. Trade barriers emerging from the …” „… general goals of the Central Asian states in the area of international transport. The first relates to the …”

Level of lending to the individual Central Asian states S. 171-177

„… Central Asian states. It also represents the Bank’s advantage as compared to other donors. 6.1.4. Level …” „… of lending to the individual Central Asian states The factors determining the amount of ADB …” „… proud to announce the comparatively high rates of lending to Central Asian states in recent years, this …”

doi.org/10.5771/9783845246116

Gilda Martínez-Alba, Luis Javier Penton Herrera, Afra Ahmed Hersi - Antiracist Teacher Education

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Gilda Martínez-Alba (ed.), Luis Javier Penton Herrera (ed.), Afra Ahmed Hersi (ed.)

Antiracist Teacher Education

2022

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Chapter 5: Making Space for Critical Thought amid State Prohibitions: Critical Race Theory as a Framework to Inform Course Design and Student Learning Objectives S. 67-80

doi.org/10.5771/9781475865585

Stamatia Devetzi, Constanze Janda - Freiheit - Gerechtigkeit - Sozial(es) Recht

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Stamatia Devetzi (ed.), Constanze Janda (ed.)

Freiheit - Gerechtigkeit - Sozial(es) Recht

2015

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Frans Pennings The development of EU citizenship by means of the link approach S. 490-508

„… objective (laid down in article 48 of the Treaty of 1957), this condition became problematic. In order to …” „… economically active persons need to have a stronger link with a host state than by working alone. In the last …” „… hand the fear of social tourism is very strong and Member States want to protect themselves against …”

Jef Van Langendonck Clear Concepts also in Social Security S. 401-410

„… that escaped the conservative influence of the ILO, states as the objectives of social security: (a) to …” „… financing. The first objective is minimum protection for all citizens. The modern State offers protection …” „… convergence of social protection objectives and policies”. This important document, the first in this area …”

Matti Mikkola Interpreting Social Human Rights of Europe S. 457-471

„… . Forty-three (43) European states are committed to both of these key European treaties. Rights The generations …” „… for the Prussian ideal of a “good state” or in our words for the “welfare state”. The third generation …” „… participation rights share the objective of attaining higher standards and are thus supervised through …”

Michael Adler The Legal Protection of Minimum Standards – A Tale of Two Countries S. 15-35

„… . According to the judge, this constitutes an objective standard.29 However, as he noted, many Member States …” „… introduction of the welfare state. 4 For a discussion of capabilities, commodities and the relationship between …” „… Basic Law,11 read in conjunction with Article 20 (1) on the social state principle,12 as providing 1. 9 …”

Kristina Koldinská Right to education – a case of Roma children in Central Europe S. 333-358

„… states guarantee an equal access to education to all pupils. The European Convention for Protection of …” „… and oblige states to stop the segregation in schools. Segregation of Roma in education – contested by …” „… the exercise of any functions which it assumes in relation to education and to teaching, the State …”

Ulrike Davy Für Drittstaatsangehörige weniger Gleichheit? Zum eingeschränkten Zugang zu sozialen Rechten für langfristig Aufenthaltsberechtigte im Unionsrecht S. 123-145

„… their rights relative to those of citizens of the Member States“). 26 Vgl. insb. die Entschließung des …” „… Unterscheidung nach der Staatsangehörigkeit eine objektive und vernünftige Rechtfertigung (objective and …”

doi.org/10.5771/9783845258492

Eleftheria Neframi, Mauro Gatti - Constitutional Issues of EU External Relations Law

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Eleftheria Neframi (ed.), Mauro Gatti (ed.)

Constitutional Issues of EU External Relations Law

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 16 2018

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Eleftheria Neframi The Dynamic of the EU Objectives in the Analysis of the External Competence S. 63-88

„… and objectives of the Union's external action”. 15 M. Cremona, “Balancing Union and Member State …” „… and the scope of the objectives is clearer when there is complete harmonisation, where Member States …” „… Member States’ sphere goes beyond the objective of the exercised competence of the Union and, as such …”

Preface S. 5-10

„… Balancing EU Values with External Action ObjectivesPart 2: 199 Recent Tendencies in the Separation of Powers …” „… – both internally and in the wider world – remains in a state of flux. Indeed, the theme of the EU’s …” „… Introduction 11 Eleftheria Neframi and Mauro Gatti Defining EU External Action Objectives and Competences Part …”

Eleftheria Neframi, Mauro Gatti Introduction S. 11-26

„… with external action objectives subject to a global approach,4 while the Treaty on the Functioning of …” „… cooperation between the Union and its Member States. According to the Court of Justice, “it is essential to …” „… ensure close cooperation between the Member States and the (Union) institutions, both in the process of …”

Mauro Gatti Conflict of Legal Bases and the Internal-External Security Nexus: AFSJ versus CFSP S. 89-110

„… States wanted to insert CFSPspecific objectives, they would have placed them in the CFSP chapter of the …” „… apply the “centre of gravity” doctrine, whereby the choice of the legal basis must rest on objective …” „… in the field of security management. Security is among the main objectives of the I. 1 Opinion of 6 …”

Marise Cremona The Principle of Conferral and Express and Implied External Competences S. 27-62

„… States in the Treaties to attain the objectives set out therein".3 Competences not conferred on the Union …” „… Part 1: Defining EU External Action Objectives and Competences The Principle of Conferral and …” „… remain with the Member States.4 This expression of the principle thus emphasises that the source of EU …”

Merijn Chamon Constitutional Limits to the Political Choice for Mixity S. 137-166

„… of sincere cooperation to the equation, identifying a duty of cooperation between the Member States …” „… States.3 The shift in ju- I. * I would like to thank Gesa Kübek for remarks on an earlier draft. All …” „… pragmatic solutions on the exercise of shared or concurrent EU and Member States’ competences has been …”

Andrés Delgado Casteleiro Loyalty in External Relations Law: The Fabric of Competence, Autonomy and Institutional Balance S. 385-408

„… objectives of the Community. Under Article 5, the Member States are required on the one hand to take all …” „… and the objectives of the Treaty would be compromised if Member States were able to enter into …” „… principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each …”

Laurence Potvin-Solis Objectif de sécurité et protection des données personnelles: projection dans l'ordre international d'un système constitutionnel propre à l'Union européenne / Security Objective and Personal Data Protection: Constitutional Advances of a European Union-Specific System in the International Order S. 343-384

„… d'un système constitutionnel propre à l'Union européenne / Security Objective and Personal Data …” „… order. These issues show the extent to which the Union’s external objectives must be related to its …” „… internal objectives and to the twofold dimension of the Union’s external action, which develops itself both …”

Allan Rosas EU Sanctions, Security Concerns and Judicial Control S. 307-318

„… matched by a gradual movement from sanctions undertaken by individual Member States towards a veritable EU …” „… sanctions policy.2 Sanctions against third States and other parties are normally taken by the EU, acting, as …” „… it were, on behalf of the Union and its Member States. There is a range of instruments and mechanisms …”

Miro Prek, Silvère Lefèvre La dimension « subjective » de l’invocabilité des accords internationaux / The Subjective Dimension of the Invocability of International Agreements S. 231-256

„… requirement is not applicable when the applicant is a Member State, the intention of the parties might still …” „… d’objectives en ce qu’elles concernent les qualités de la norme devant servir de base de contrôle. Toutefois …” „… , outre ces conditions objectives, doit également être remplie une condition « subjective » de l’effet …”

Pieter Jan Kuijper Recent Tendencies in the Separation of Powers in EU Foreign Relations: An Essay S. 199-230

„… Part 2: Balancing EU Values with External Action Objectives Recent Tendencies in the Separation of …” „… Affairs in Western Democracies Outlined When analysing the constitutional systems of nation States, it is …” „… and the Head of State, whether King or President. This figure is symbolic for the one and undivided …”

Francette Fines Droits fondamentaux des Etats tiers versus droits fondamentaux des personnes dans le cadre de la crise russe-ukranienne / Fundamental Rights of Third States versus Fundamental Rights of Individuals in the Framework of the Russia-Ukraine Crisis S. 319-342

„… between rights of States and individuals, by holding that the importance of the objectives pursued by the …” „… crise russe-ukranienne / Fundamental Rights of Third States versus Fundamental Rights of Individuals in …” „… confrontation between the fundamental rights of individuals and those of third States, evidenced by the disputes …”

Sara Poli Effective Judicial Protection and Its Limits in the Case Law Concerning Individual Restrictive Measures in the European Union S. 287-306

„… regarding misappropriation of State funds by former members of third countries’ governments were enacted …” „… enlarged the circle of non- State actors who could be targeted to include not only third countries’ leaders …” „… and members of the State apparatus, but also those who are associated with these leaders (such as …”

Isabelle Bosse-Platière L’application du principe de subsidiarité dans le cadre de l’action extérieure de l’Union européenne / The Principle of Subsidiarity within the External Action of the European Union S. 111-136

„… of Member States action and added value of the one conducted by the EU (Article 5, paragraph 3, TEU …” „… between the EU and Member States. As is well known, it is not easy to determine the exact nature of the …” „… context, subsidiarity and necessity derive from the same logic: the realisation of the objectives set out …”

Cristina Contartese, Luca Pantaleo Division of Competences, EU Autonomy and the Determination of the Respondent Party: Proceduralisation as a Possible Way-Out? S. 409-446

„… issue. See, in particular, F. Hoffemeister, “Litigating Against the European Union and Its Member States …” „… , 911; A. Nollkaemper, “Joint Responsibility between the EU and Member States for nonperformance of …” „… its Member States (Deventer: Kluwer Law International, 2001); J. D”Aspremont, “A European Law of …”

Nicolas Pigeon Droit primaire et compétences externes implicites. Réflexions à partir de l’avis 2/15 de la Cour de justice de l’Union européenne / Primary Law and the Theory of Implied External Competences: Some Thoughts after Opinion 2/15 S. 167-198

„… competences. Although the Member States agreed, with the Lisbon Treaty, to establish for the first time a …” „… Member States regularly invoke the principle of conferral of powers, thereby stressing their position as …” „… newly acquired competences to the largest extent possible, and the Member States, which struggle to find …”

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