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John H. Jackson, Peter-Christian Müller-Graff - Transatlantic Perspectives on International Economic Law

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John H. Jackson (ed.), Peter-Christian Müller-Graff (ed.)

Transatlantic Perspectives on International Economic Law

Series: Heidelberger Schriften zum Wirtschaftsrecht und Europarecht

Volume 53 2009

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Peter-Christian Müller-Graff The Constitutionalisation of Europe: Law for Politics and the Economy S. 23-38

„… 23 The Constitutionalisation of Europe: Law for Politics and the Economy Peter-Christian …” „… Müller-Graff* The constitutionalisation of Europe in the sense of binding law for politics and the economy1 …” „… of Europe in terms of positive supranationally binding law for politics and the economy, it is …”

John H. Jackson, Peter-Christian Mpller-Graff Foreword S. 5-8

„… Law John H. Jackson 9 The Constitutionalisation of Europe: Law for Politics and the Economy …” „… Europäisches Graduiertenkolleg, the IGW, and the Faculty of Law of the University of Heidelberg, in June 2007 …” „… WTO and the Changing Fundamentals of International Law”. The volume also includes the text of …”

Peter-Christian Müller-Graff The Rule of Law in the Relation of State and Market – German, European and US-American Approaches S. 79-92

„… 79 The Rule of Law in the Relation of State and Market – German, European and US-American …” „… Approaches* Peter-Christian Müller-Graff ** The rule of law in the relation of state and market is a …” „… demonstrates the problem as well as the absence of antitrust law and intellectual property protection in many …”

Christian Watrin Social Market Economy – A Continental European Model S. 39-54

„… , economic and social systems; the rule of law; morals; and of citizens’ loyalty to a “strong” state with …” „… , Law, Legislation and Liberty, The Mirage of Social Justice, Vol. 2, A new statement of the liberal …” „… harmonize our desire for freedom and social justice with insights into the working of the market machinery …”

doi.org/10.5771/9783845215655

Swantje Renfordt - Framing the Use of Force: An International Rule of Law in Media Reporting

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Swantje Renfordt

Framing the Use of Force: An International Rule of Law in Media Reporting

2011

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On Discourse, Law, Morality, and Politics - Core Assumptions of a Discourse Theory on Legitimate Law for the Purpose of this Study S. 38-44

„… discourse relates to an interest in law. 3.2 On Discourse, Law, Morality, and Politics - Core Assumptions of …” „… international law norms in security politics. To do so, this thesis proposes one line of investigation to …” „… consequences for international politics (Adler 1997a; Ruggie 1998b) and that collective processes of norm …”

Literature S. 213-226

„… “Legalization”: Richer Views of Law and Politics. International Organization, 55, 743-58. Finnemore, M. and K …” „… . Finnemore, M. (2000) Are Legal Norms Distinctive? Journal of International Law and Politics, 32, 699-705 …” „… . (2006) Between Peril and Promise. The Politics of International Law. Washington: QC Press. Romano, C …”

– Introduction S. 13-23

„… diffusing (Halliday and Osinsky 2006), research on International Law norms has taken a strikingly one-sided …” „… context in which international law norms emerge, are applied, and complied with legalisation processes in …” „… institutionalised sphere of politics, what is the added value of an examination of law in public spaces, i.e. how …”

Alternative Assumptions S. 54-60

„… thinking is that “law” hardly matters in discourses addressing international security politics generally …” „… employ “law” language as argumentative resources if they have more economic and political capacities than …” „… think in terms of the “rule of international law” and international institutions. With regard to the …”

Law and Discourse – Empirical State of the Art and Research Questions S. 36-38

„… discourse relates to an interest in law. 3.2 On Discourse, Law, Morality, and Politics - Core Assumptions of …” „… 36 Chapter 3 - Linking Law & Public Discourses 3.1 Law and Discourse – Empirical State of the Art …” „… and Research Questions To date, studies which address these legal norms in international politics as …”

Conceptual Departures – Merging Discourse Theory of Legitimate Law and Approaches from International Relations Theory S. 197-202

„… Media This dissertation had the aim of exploring the linkage between “law” and “discourse” in …” „… clarified the added value of an examination of law in public discourse and developed empirically testable …” „… assumptions. Empirically, my study addressed the question whether and to what extent “rule of law” has emerged …”

Contribution of my Findings to the International Relations Literature S. 207-209

„… communication to date addresses military security politics (see Auerbach and Bloch-Elkon 2005; Grundmann et al …” „… special issue on legalisation and world politics in International Organization (2000); also Simmons and …” „… two levels: First, positive law constrains and enables political action in the international …”

– Evaluation of Guiding Assumptions S. 189-197

„… overall visibility of law in media content and the similarity of discursive outcomes, i.e. legal framing …” „… media visibility, the first and necessary condition for “law” to become a “socially valid” script, to be …” „… intensities of “law” debate are significant and vary according to power differentials and differences in the …”

Defining the Law Norms Analysed – What are the Legal Rules to Govern the Use of Force? S. 29-36

„… : 8-12, and Kelsen 1944. 31 The concept of sovereign equality under International Law links two, as some …” „… General Assembly has further clarified that equality first and foremost means equality before the law …” „… academic law debate (Bothe 2001: 619; also Buchanan 2004; Byers and Chesterman 2004; Chesterman 2002 …”

Implications for Political Practice S. 209-211

„… argumentation of this study, international legal rules “work” on two levels: First, positive law constrains and …” „… boundaries of law and what action is illegal. If states cannot afford to be pillorised as lawbreakers in …” „… rules could provide some “food for thought” for politicians and law experts dealing with International …”

Public Discourses of Application & the Logic of Appropriateness S. 46-50

„… International Law since newspaper articles are targeted at a broad readership and not to an audience of legal …” „… their statements. Within it, law language is employed when it is considered a relevant and socially …” „… international law (e.g. Boyle and Meyer 2002; von Bogdandy 2006; Wiener 2006), this study assumes that …”

Defining Discourse and Norms S. 24-29

„… studies which are concerned with “International Law” in their formal institutionalised environment and the …” „… focuses on law in the formal environment in which rules are generated and complied with (see footnote 1 …” „… social validity of law norms on the use of force and still less about their reach, i.e. whether their …”

How Visible is International Law in the Media? S. 105-118

„… 105 PART THREE – EMPIRICAL EVIDENCE FOR LAW AS A MEDIA SCRIPT Publicity and …” „… visibility of law interpretations for each national public sphere and each newspaper. I also ask how visible …” „… law is compared to other kinds of framing, as frames based on interest or identity, and what opinions …”

Table of Contents S. 7-10

„… – Empirical State of the Art and Research Questions 36 3.2 On Discourse, Law, Morality, and Politics - Core …” „… IN MEDIA DEBATE 24 Chapter 2 – Discourse & Law Norms: Definitions 26 2.1 Defining Discourse and …” „… Individual or Collective Self-Defence 35 Chapter 3 - Linking Law & Public Discourses 36 3.1 Law and Discourse …”

– Conclusion of Part One S. 66-68

„… conceptual framework to investigate International Law norms in political mass communication and outlined the …” „… of law norms, i.e. their formal institutional side and the contexts in which these rules are …” „… and whether “the rule of International Law” is a shared model that shapes media debate towards …”

Frame Analysis as a Tool to Trace Meaning Structures in Media Debate S. 69-84

„… goals are a cross-country comparison and the analysis of longterm trends on the use of International Law …” „… approach to trace law arguments in the news discourse? What newspapers and countries are included in the …” „… relations – the issue of war and peace. 70 Chapter 5 - Content Analysis of Law Norms in Mass Media 5.1 …”

International Law in Framing Context S. 118-123

„… mass discourse was assumed to be a first and necessary criterion for the emergence of International Law …” „… findings clearly demonstrate that International Law is indeed a visible frame in US and European newspaper …” „… expect a pronounced co-occurrence of prointervention law framing and universal principles framing …”

Do Borders Matter for a Procedural Law Framing? S. 181-189

„… and mass murder”141. A more quantitative analysis of this type of law discourse repeats previous …” „… model (2) indicate that we find a substantially smaller share of procedural law language in German and …” „… significant law versus power divide between European countries and the US supports the realist assumption …”

The Assumptions of Global Sociological Institutionalism S. 50-54

„… considered widely appropriate, and that a “law” interpretation generally conforms to expectations of the …” „… addressing law norms on the use of force. The development of assumptions that can account for uniform and …” „… institutionalism would expect uniform media discourses addressing law norms across countries, realist and liberal …”

Defining and Sampling the Data S. 84-94

„… 84 Chapter 6 – Some Stylised Facts 6.1 Defining and Sampling the Data This final chapter of Part …” „… Two condenses some background information of my empirical examination. To analyse the emergence of law …” „… articles addressing the topic.59 In order to identify the mass public discourse on humanitarian and …”

Operationalising an Investigation of ”International Law” as a Script in Media Debate S. 60-66

„… governance, uphold the rule of law and human rights, and, in the field of security and defence politics, are …” „… legitimate law, liberal and realist approaches in IR theory and a global sociological institutionalist view …” „… clarify the theoretical link between law and discourse, global sociological institutionalism, realism, and …”

Opinions in International Law Discourse S. 123-129

„… military power dominates; on the other side, thinking in terms of law and morals does. (…) meanwhile …” „… interventions between 1990 and 2005. It reports the absolute frequency of law articles expressing a particular …” „… opinion for each country, and it also gives the relative share compared to all law articles published in …”

Evaluation of Empirical Findings S. 202-207

„… comparison and simple frequency statistics, Chapter 7 clearly showed that a law interpretation of the use of …” „… . “Yugoslavia” and “Iraq” can thus be considered the formative moments for the emergence of intense law framing …” „… debate across national borders. Media framing on law was predominantly concerned with procedural and …”

Do Borders Matter for an Overall Law Framing? S. 143-172

„… empirical evidence that International Law is a very visible frame for discussing these issues in US and …” „… European newspaper debates between 1990 and 2005. Indeed, a law interpretation of the use of force is even …” „… law framing. Leads (+) and lags (-) are given in quarters. “CCF” (vertical axis) stands for “cross …”

Formative Moments of Legal Framing in Mass Media S. 129-136

„… investigating formative moments of law framing (8.1) and the substance of law discourse (8.2). I begin with an …” „… the newscast about international security politics for sixteen years – the Balkans and the Gulf region …” „… debate between 1990 and 2005, while all other hot spots hardly appear. 8.2 Which International Law Norms …”

Do Borders Matter for a Moral Framing? S. 172-181

„… prominently and that it is frequently employed in more specific debate about international law norms (Chapter …” „… countries and regional aggregates, respectively, from individual newspaper effects on the frequency of “law …” „… that, by and large, national location hardly seems to influence the level of law debate. This finding …”

Appendix Two – Excerpt from Codebook S. 234-254

„… primary issue is discussed in at least one full sentence with regard to International Law and its norms …” „… International Role – Public Discourses about Humanitarian and Military Interventions and their Effects on …” „… ) Project Directors: Prof. Dr. Thomas Risse and Dr. Cathleen Kantner 235 Technical Variables Variable 001 …”

doi.org/10.5771/9783845231433

Thierry Collaud, Mathias Nebel - Searching for the Common Good

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Thierry Collaud (ed.), Mathias Nebel (ed.)

Searching for the Common Good

Series: Religion - Wirtschaft - Politik

Volume 19 2018

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Mary M. Keys Politics Pointing beyond the Polis and the Politeia: Aquinas on Natural Law and the Common Good S. 33-56

„… Mary M. Keys Politics Pointing beyond the Polis and the Politeia: Aquinas on Natural Law and the …” „… theory of natural law as it relates to ethics, politics, and common goods. As work on the book progressed …” „… Law, Magnanimity cum Humility, and Contemporary Politics In Thomism and Aristotelianism Jaffa also …”

Mathias Nebel Searching for the common good S. 109-148

„… Christian BLUM, Die Bestimmung des Gemeinwohls, 2015; HANS SLUGA, Politics and the search for the common …” „… politics of the common good, Dublin, Institute of Public Administration Press, 1996; Herfried MUNKLER and …” „… Rawlsian Justice, 155-163; 178-180. 12 Drawing up a constitution, establishing the rule of law and giving a …”

Mathias Nebel A Theological Conclusion S. 217-230

„… limits of the positive law, of the power of the state and of democratic governance. The common goods …” „… of theology to the concept of politics in the West. Allegiance to the commons: social habitus and …” „… GIDDENS, Beyond Left and Right, Cambridge: Cambridge University Press, 1994, 4-19. 17 Hans SLUGA, Politics …”

Jean Claude Huot The common good tested against the option for the poor: a perspective for the Church’s social commitment S. 201-216

„… every human being. Fifth, I will return to the importance of politics, the need to be and act together …” „… of human rights is the conviction that behind these rights lies natural law, and that human beings …” „… and the servant, it is freedom that oppresses and the law that sets free.’29 When condemning the …”

Stefano Zamagni The Common Good and the Civil Economy S. 79-98

„… typical of the 1960 s and 1970 s, when ‘everything was politics’. Yet it is clear to everyone that this …” „… worrying paradoxes. According to one of the oldest and best-known economic laws, Gresham’s Law, bad money …” „… physics. In other words, the economic sphere must be kept separate from the spheres of ethics and politics …”

Matthew Kempshall The Language of the Common Good in Scholastic Political Thought S. 13-32

„… Natural Rights, Natural Law and Church Law 1150-1625, Atlanta, Scholar Press, 1997; Janet COLEMAN, “On the …” „… Government and Politics in the Middle Ages, London, Methuen, 1961, 231-279. framework but also the specific …” „… . HOEFLICH, “The Concept of utilitas populi in Early Ecclesiastical Law and Government”, in Zeitschrift der …”

Titelei/Inhaltsverzeichnis S. 1-7

„… Scholastic Political Thought 15 Matthew Kempshall Politics Pointing beyond the Polis and the Politeia …” „… : Aquinas on Natural Law and the Common Good 33 Mary M. Keys THE COMMON GOOD: STILL PERTINENT TODAY? THE …” „… Common Good Philosophical, Theological and Economic Approaches Nomos Searching for the Common Good …”

Thierry Collaud The names that theology gives to the common good S. 177-200

„… structures, always evolving, unfolding and growing. They constantly contradict the law of entropy, according …” „… : lying in politics; civil disobedience; on violence; thoughts on politics and revolution, New York …” „… , Cerf, 2006, 66-81. See also William T. CAVANAUGH, Torture and Eucharist : theology, politics, and the …”

Christos N. Tsironis The common good: historical roots in the Greek patristic texts and modern foundations S. 149-176

„… common to all, and equality of law and citizenship would prevail in human life, as excess voluntarily …” „… Christos N. Tsironis The common good: historical roots in the Greek patristic texts and modern …” „… interest is focused in a strenuous effort to determine ‘what is’ and ‘what is not’ the concept in question …”

doi.org/10.5771/9783845283012

Hélène Ruiz Fabri, Michel Erpelding - The Mixed Arbitral Tribunals, 1919–1939

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Hélène Ruiz Fabri (ed.), Michel Erpelding (ed.)

The Mixed Arbitral Tribunals, 1919–1939

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 25 2023

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Part IV. The Promises and Limitations of ‘Peace Through Law’: MATs and the International Adjudication of ‘Mega-Politics’ S. 307-380

„… Part IV.The Promises and Limitations of ‘Peace Through Law’: MATs and the International …” „… Chapter 9:1.* Research Scientist, Faculty of Law, Economics, and Finance, University of Luxembourg. The …” „… private international law and the laws of war, a longtime Secretary-General of the Institut de droit …”

Michel Erpelding, Hélène Ruiz Fabri Introduction: International Adjudication and the Legacy of the Mixed Arbitral Tribunals S. 9-26

„… Karen J Alter and Mikael Rask Madsen, ‘The international adjudication of mega-politics’ (2022) 84 Law …” „… Introduction:* Research Scientist, Faculty of Law, Economics, and Finance, University of Luxembourg …” „… a vision that limits the status of subject of international law to the state and relegates …”

Part I. A New Form of International Adjudication? The MATs in Context S. 27-110

„… Hyeran Jo, Compliant Rebels: Rebel Groups and International Law in World Politics (CUP 2015).Chapter 1 …” „… of a global history of international law as put forward by Bardo Fassbender and Anne Peters …” „… International Law (OUP 2012) and of decentering (or 'provincializing’ Europe) as set out by Dipesh Chakrabarty …”

Titelei/Inhaltsverzeichnis S. 1-8

„… of ‘Peace Through Law’: MATs and the International Adjudication of ‘Mega-Politics’Part IV.An Example …” „… International, European and Regulatory Procedural Law 25NomosStudies of the Max Planck Institute Luxembourg for …” „… Arbitral Tribunal for Upper Silesia and the Emergence of Citizenship in International LawChapter 6:197 …”

Part II. Identifying Rights-Holders: Post-World War I Arbitration and the Nationality of Private Persons S. 111-242

„… Morris (ed) Transforming the Politics of International Law: The Advisory Committee of Jurists and the …” „… law 3 Nicoletta Gullace, The Blood of Our Sons: Men, Women and the Renegotiation of British …” „… Public Law’ (1926) 8(4) Journal of Comparative Legislation and International Law 260, referring to …”

Michel Erpelding, Jakob Zollmann Epilogue: The Early and the Long End of the Mixed Arbitral Tribunals, 1920-1939 S. 529-546

„… Law and the European Court of Justice: The Politics of Avoiding History’ (2020) 22 Journal of the …” „… succeeded in doing so.Epilogue:* Research Scientist, Faculty of Law, Economics, and Finance, University of …” „… Erpelding, Burkhard Hess and Hélène Ruiz Fabri (eds), Peace Through Law: The Versailles Peace Treaty and …”

Part III. Arbitrators as Peacemakers: The Case of Professor Paul Moriaud S. 243-306

„… highlights how this peculiar jurisdiction came about. It focuses on the production of international law and …” „… hand, their faith in international law and, on the other hand, in the virtue of MATs.5 With the low …” „… Russo-Georgian Treaty Concluded in 1783 between Catherine II, Empress of Russia, and Irakly II, King of Georgia …”

Part V. Arbitral Awards as Sources of International Law: Assessing the Impact of the MATs’ Case Law S. 381-524

„… Interestingly, this significant contribution ignores the summa divisio of international law between public and …” „… reference standard in the law of treaties, and the solutions developed by the MATs coincide on many points …” „… customary law and few decisions on the subject. The international case law that existed at that time …”

doi.org/10.5771/9783748939719

Alexander Balthasar, Klemens H. Fischer - Good Governance Based on a Common Bedrock of Values - Providing Stability in Times of Crisis?

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Alexander Balthasar (ed.), Klemens H. Fischer (ed.)

Good Governance Based on a Common Bedrock of Values - Providing Stability in Times of Crisis?

Series: AIES-Beiträge zur Europa- und Sicherheitspolitik

Volume 4 2016

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Klemens H. Fischer The Quest for Intermediate Europe – Politics based on Values, Rule of Law, Good Governance, and the Triple-M-Approach – Providing Stability in Ukraine by Decentralization – The Comprehensive Approach S. 63-106

„… – Politics based upon Values, the Rule of Law, and Good Governance or on the Triple-M-Approach After the …” „… 63 The Quest for Intermediate Europe Politics based on Values, the Rule of Law, Good Governance …” „… political way of peacefully establishing societies based on values and the rule of law, accompanied by good …”

List of Contributors S. 213-216

„… Constitutional Law and General Political Theory at the Karl-Franzens-University of Graz Prof. Dr. Sven Biscop …” „… Studies, London, Corresponding Member of the Austrian Institute for European Law and Poli- List of …” „… , Professor of International and European Politics and Administrative Science at the German-speaking Andrássy …”

Hendrik Hansen Ethics and Economics in Governance – About the Conflict of Values and incentives in New Public Management S. 133-142

„… and the necessity of its value orientation. In politics and administration there have been two …” „… another major change of paradigm from a systemic to an economic approach of politics and administration …” „… first part of the paper will explain the basic assumptions of economic theories of politics and …”

Alexander Balthasar The "Cultural, Religious and Humanist Inheritance of Europe" – Its Future Legal Relevance S. 27-44

„… Law, Economics and Politics 2/2015. The author would like to thank Veronika Bortlová, student at the …” „… Faculty of Law, University Palacký in Olomouc, and former trainee at the author’s institute, for her …” „… assistance with regard to selecting Czech literature. 1 Cit Michel Rosenfeld, Law, Justice, Democracy, and …”

Conference Report S. 199-208

„… interests and goods. He concluded by making a point that the relation between national and EU law is an …” „… “regulatory private law” and “private law” itself. Regarding the latter she described it as brief and …” „… freedom and the protection of the weaker. For that matter private law is applicable to a very broad range …”

Alexandra Dancasiu Human Rights for the Peoples of Europe S. 189-198

„… , that influence law and politics across the Union, affecting all citizens of the Member States. The EU …” „… of law, and fundamental rights shed light on the right path and secure that even the most …” „… core functional treaties, TEU and TFEU respectively, are subject to international law, requiring the …”

Joanna Kulesza European Values in Internet Governance S. 143-164

„… unveiling of a controversy long present in international law and politics: the search for balance between …” „… Internet governance. Its strong reliance on California law and close ties with the US government have been …” „… human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including …”

Hiroko Kudo Trust and Values in Governance of Network S. 165-188

„… , administration, law, and economic policy to serve the Monarchs and their bureaucrats. The tradition of …” „… countries, administrative and constitutional law tradition has been strong, while in Anglo-Saxon countries …” „… expertise, along with professional law making and managerial skill. 1.2 Public Service Delivery and …”

Eva Lichtenberger Fundamental Rights in the Making – The View of a Parliamentarian S. 117-132

„… the rule-setting process. The principles of the Rule of Law and Good Governance should in that …” „… decision-process on directives, resolutions and even soft law. But specific cases show sometimes more of a …” „… Univ-Prof. Werner Schroeder, LL.M. Department of European Law and Public International Law in his …”

Welcome Address by Werner Fasslabend S. 11-12

„… are missing in politics, administration, and science alike. Only the exchange of these views will …” „… politics that deliver answers in the field of prevention and management of crisis. Welcome Address by …” „… the European integration are deeply rooted in democratic action and behaviour, in the rule of law, and …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Quest for Intermediate Europe – Politics based on Values, Rule of Law, Good Governance, and the …” „… | 4 Proceedings of the Conference on European Democracy 2015 (EuDEM 2015) 27 and 28 April 2015 …” „… 14:08 2.Auflage Proceedings of the Conference on European Democracy 2015 (EuDEM 2015) 27 and 28 April …”

Werner Schroeder The EU Founding Values – Constitutional Character and Legal Implications S. 45-62

„… ’ respect for the law of the Community in particular and for the rule of law in general.3 More than twenty …” „… constitutional principles and structures wich are comparable to domestic constitutional law.5 Yet, this …” „… , namely human dignity, freedom, democracy, equality, the rule of law and respect for fundamental rights …”

Sven Biscop Foreign Policy and the Pragmatic Idealist Approach to Values and Interests S. 107-116

„… law. And prosperity: every citizen has a right to a fair share of the wealth that society produces …” „… , democracy, equality, the rule of law and respect for human rights, including the rights of persons …” „… threats and, of course, to save the planet. 6. Upholding the core of international law, notably the …”

doi.org/10.5771/9783845274843

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