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Meinrad Handstanger, Benedikt Harzl, Stephan Hinghofer-Szalkay, Emma Lantschner, Elmar Pichl, Jürgen Pirker, Klaus Poier, Günther Rautz, Gabriel N. Toggenburg, Hedwig Unger - Law and Politics

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Meinrad Handstanger (ed.), Benedikt Harzl (ed.), Stephan Hinghofer-Szalkay (ed.), Emma Lantschner (ed.), Elmar Pichl (ed.), Jürgen Pirker (ed.), Klaus Poier (ed.), Günther Rautz (ed.), Gabriel N. Toggenburg (ed.), Hedwig Unger (ed.)

Law and Politics

2022

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Josip Kregar Rule of Law and Democratic Politics: The Challenge of Populism S. 131-144

„… Rule of Law and Democratic Politics: The Challenge of PopulismJosip Kregar †“Since the time of the …” „… .Rule of Law and Democratic Politics: The Challenge of Populism133societies, it must be performing some …” „… /problem-populism-syriza-podemos-dark-side-europe.Rule of Law and Democratic Politics: The Challenge of Populism135and efficiency, challenging, in fact …”

Mikhail Antonov Russian conservatism and human rights in Europe S. 869-888

„… do not enable the Western powers to reconsider the rules of international law established in the post …” „… seek to hide their factual power to change the law behind such banners as rule of law.20Basing on this …” „… number of such cases would be lower in established democracies with lengthy rule-of-law or in …”

Kerstin Wonisch Religious Minorities in the Middle East: Caught between remnants of Islamic Law and Sectarian Politics S. 789-814

„… , depending on the ruler, and the school of law, predominant in the area in question.65 Sanctions imposed on …” „… principles of the laws of Egyptian Christians and Jews to the main source of law in matters of personal …” „… Religious Minorities in the Middle East:Caught between remnants of Islamic Law and Sectarian …”

Marko Kmezić How can EU influence Democratization in the Western Balkans: Civil Society and Europeanization S. 993-1010

„… structured civil society based on the rule of law.This exercise is not simply a superficial creation of …” „… 2018), and even the regular manufacture of crises to undermine democracy and the rule of law (Kmezić …” „… power unconstrained by the rule of law successfully adapted to new circumstances, weakening democracy in …”

Aistė Mickonytė The Law and Politics of the Freedom of Religion: The Achbita Case of the European Court of Justice S. 757-770

„… the following EU values: respect for human dignity, freedom, democracy, equality, the rule of law and …” „… ReligionThe Law and Politics of the Freedom of Religion: The Achbita Case of the European Court of …” „… manifest her religion and the employer’s freedom to conduct business in the context of EU law; this …”

Patricia Popelier Taking legal merit seriously: a plea for legal scholars to engage in empirical legal studies S. 53-64

„… major consequences that undermine the rule of law. The legitimacy of courts depends not only on public …” „… matter of law.Conclusion: the position of lawyers in interdisciplinary researchIn this paper, I have …” „… evidenced by the French law on Justice Reform, which prohibits the use of identity data of judges with the …”

Gabriel N. Toggenburg “United in diversity”: Thoughts on the ambiguous motto of the European Union S. 553-560

„… high-politics issues such as the rule of law, economic topics such as the EU budget but even technical issues …” „… ”. The current rule of law debate10 that the EU is witnessing shows however that the unifying guarantees …” „… diversity”.10 For the rule of law debate see for instance the contributions in the JCMS 2016 symposium …”

Arben Hajrullahu ‘Divided in Diversity’: Identity Perceptions and Revisionist Politics S. 561-574

„… nation-states came too late, and for everyone at the same time.13The rule of law and the integrated and …” „… enforcement of unified standards of the rule of law by increasing the importance of international institutions …” „… and the Republic of Albania.Regardless of –or perhaps because of– stagnations in the rule of law …”

Levente Salat Reconciling political unity, legal equality and ethnic diversity S. 461-480

„… of the local actors and fostering the establishment of a strong rule of law component through the …” „… sources of inspiration, shedding light on the fascinating interconnectedness of law and politics in a …” „… in my reading since it reflects the perspective of an expert in international and constitutional law …”

Rainer Hofmann Discovering the Potential of a so far underestimated Provision – A new Role for Article 13 FCNM? S. 369-384

„… 2019 State Language LawThe 2019 State Language Law covers a wide range of areas in which the status and …” „… field of international law which since its high days in the inter-war period had become almost dormant …” „… alia the publication, in 1993, of Patrick Thornberry’s impressive monograph on ‘International Law and …”

Sia Spiliopoulou Åkermark Multilingualism in Law across Europe – Comparative Lessons from the ELDIA Research Project S. 307-340

„… efficiency of such legislation as well as a low rule of law requirement in this field of law.Another major …” „… Constitutional Court are not being implemented, which questions the rule of law and considerably reduces the …” „… cultural well-being. Prevalence of trust in the rule of law is very high in Sweden when compared with other …”

Verzeichnis der Autorinnen und Autoren S. 1177-1188

„… several scientific monographs including Europeanization by Rule of Law Implementation in the Western …” „… Balkans (Institute for Democracy 2014), EU Rule of Law Promotion: Judiciary Reform in the Western Balkans …” „… rule of law for the European Commission, the OSCE, and the Council of Europe and to governments and …”

Drino Galicic Legalisation of politics or politicization of law in Bosnia and Herzegovina: the authority of courts as collateral damage S. 1031-1046

„… section.The “Rule of Fear” instead of the Rule of Law – notorious discrimination in schoolsThe phenomena of …” „… Legalisation of politics or politicization of law in Bosnia and Herzegovina: the authority of …” „… law in Bosnia and Herzegovina1033of Bosnia and Herzegovina, the state-level Constitution BiH provides …”

Claudio Corradetti Understanding J. Marko’s Model of ‘Multiple Diversity Managements‘: on the Functional Integration of Law and Politics S. 511-530

„… where political interpretive openings are embedded in the definition of a general rule of law by …” „… 15.970/2000.The functional approach to minority protection closes the circle of law-and-politics approach …” „… of Law and PoliticsClaudio CorradettiIntroductionMinority issues have been always a contentious topic …”

Roberto Toniatti The Recognition of a New Minority by Judicial Ruling: the Case of the LGBTI Community in Nepal S. 737-754

„… point of view.The judiciary in Nepal has been organised according to the prevailing model in common law …” „… ) The interpretation of constitution and law or the legal principles propounded by the Supreme Court in …” „… and punish according to the law against anyone obstructing its or its subordinate court’s act of …”

Roberta Medda-Windischer Changing Perspectives in Minority Studies: A Human Rights Model of Diversity Governance for Old and New Minorities S. 483-510

„… communities are expected to share some core universal principles such as human rights, democracy, rule of law …” „… from general rules related to holidays or dress codes. Accommodation of diversity and labour inclusion …” „… international and European law because it is linked to the discussion on the definition of ‘minorities’. In …”

Antonija Petričušić Symbols that Unite the Ones are Symbols that Divide the Others S. 385-412

„… precisely determined indisputable social need stemming from the democratic society based on the rule of law …” „… researcher should not only have knowledge about the traditional elements of the law, but also about the …” „… . Langbroek et al., “Methodology of Legal Research: Challenges and Opportunities”, 13(3) Utrecht Law Review …”

Michael Keating Building on Sand? Some Thoughts on the Ontological and Normative Foundations of Self-Determination S. 931-940

„… NationalismJoseph Marko’s contribution to the study of law is underpinned by a wide knowledge and understanding of …” „… objectives of nationalists. In the late nineteenth century, nationalists under imperial rule, whether in …” „… (home rule) within a continuing federal or confederal arrangement. It was the breakdown of the imperial …”

Alexandra Tomaselli The Intertwinement of History, Law and Politics in the case of Indigenous Peoples’ Rights in Latin America S. 709-736

„… lack of rule of law in many Latin American societies plays a negative role vis-à-vis Indigenous Peoples …” „… exist the so-called “implementation gap”.91 In addition to this, a general lack of rule of law …” „… The Intertwinement of History, Law and Politics in the case of Indigenous Peoples’ Rights in Latin …”

Titelei/Inhaltsverzeichnis S. 5-18

„… Politik – Erfahrungen im jüngsten Gericht 103Werner AndräRule of Law and Democratic Politics: The …” „… J. Marko’s Model of ‘Multiple Diversity Managements‘: on the Functional Integration of Law and …” „… Events: Twenty Years of 9/11 681Andrea CarlàThe Intertwinement of History, Law and Politics in the case …”

Alice Engl, Estelle Evrard Agenda-setting dynamics in the post-2020 cohesion policy reform: the pathway towards the European cross-border mechanism as possible policy change S. 655-680

„… the possible adoption of the ECBM as a paradigm shift in how the EU deals with border areas, how law …” „… before the law (Sielker 2018; Luxembourg government 2015, 2016). The ECBM would also have a number of …” „… of a derogatory law for the purpose of infrastructure projects, although the idea did not break …”

Gerhard Jandl In Verantwortung der Menschenrechte: Geschichte und Gegenwart des Europarats S. 817-850

„… pursue its core objective of preserving and promoting human rights, democracy and the rule of law.“11 …” „… Presseartikel um den 20.3.2020, zitiert u.a. bei Pettiti (2020).43 Dok. „Respecting democracy, rule of law and …” „… of Public International Law [MPEPIL].Raimondi G. (2018): Discours lors du Séminaire à l’occasion du …”

Emma Lantschner Algorithmische Diskriminierung: Ist das Recht fit für diese (nicht mehr ganz so) neue Herausforderung? S. 585-604

„… Bernitz et al (Hg), General Principles of EU law and the EU Digital Order, 2020, 151–182.Emma Lantschner …” „… and the dilemma of difference, in: Joseph Marko und Sergiu Constantin (Hg.), Human and Minority Rights …” „… (Hg.), Minorities, their Rights, and the Monitoring of the European Framework Convention for the …”

Benedikt Harzl Nation und Territorium im Wechselspiel von Recht, Ideologie und Konflikt: Notizen zur Weichenstellung der Konfrontation am Ende der Sowjetunion S. 909-930

„… Post-Conflict Situations: The Case of Bosnia-Herzegovina”, 30(503) Vermont Law Review (2006), 503–550, at 526.49 …” „… zutreffend:“In the Soviet Union after the collapse of the Communist rule, one nation after another started to …” „… , “The Law and Politics of Diversity Management: A Neo-institutional Approach”, in European Centre for …”

Verena Wisthaler Wanted and unwanted migrants in South Tyrol. Constructing the collective identity through ‘othering’ S. 631-654

„… , 18.09.2009, Sven Knoll, SF]In 2011, the South Tyrolean government adopted the Law on the Integration of …” „… ; 6.09.2011; 21.10.2011) that preceded the adoption of the law highlighted the immigration frames that the …” „… roles in influencing the adoption of the new law. Thus, measures to ‘attract foreigners into our culture …”

Sergiu Constantin Between Law and Politics: Language Rights and Norm Contestation Processes in Ukraine (1991-2021) S. 341-368

„… provisions in a manner similar to the general principles regarding the rule of law, fundamental rights and …” „… Constantin366Case lawConstitutional Court of Moldova (2013), Decision No. 36/2013 of 5 December 2013 on the …” „… political disputes over language policy quickly assumed nationalist overtones. The pace and intensity of law …”

Andrea Carlà The Politics of Events: Twenty Years of 9/11 S. 681-708

„… anniversary of the terrorist attack is an occasion to analyze what dramatic events like 9/11 represent for law …” „… politicians, public officers, representatives of migrant associations and migrant lawyers.My comparison …” „… of the so-called 287(g) program, state and local law enforcement were empowered to serve as migration …”

Maximilian Lakitsch Human Security and its Discontents: Facing the Pitfalls of a Depoliticization of Peace S. 851-868

„… of protection. The document rules out any possibility to prevent such threats through empowerment …” „… law enforcement (armed conflict undertaken by Western powers).”21 Chandler describes those kinds of …” „… Human Security and its Discontents: Facing the Pitfalls of a Depoliticization of PeaceMaximilian …”

Leonidas Makris, Zoran Ilievski Mill’s Perfectionism: A Concrete Political and Moral Vision for Happiness and the Good S. 79-102

„… in harmony human powers and capacities as well as his concept of society and its rules “within the …” „… Law Review, vol. 104, n. 6 (Apr.), pp. 1350–71.Gaus, G., F., (1983), The Modern Liberal Theory of Man …” „… describe Mill’s liberalism clarifying that he refers to a distinctive conception of the human good and …”

doi.org/10.5771/9783748933113

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

„… , 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 …” „… on the Rule of LawD. 294 The Rule of Law as an Empirical IndicatorI. 294 The Rule of Law as Lege …”

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

„… (moderate) rule of law transfer, e.g. by abolishing discriminatory laws.22 More boldly put, “[i]n modern …” „… occupying power must take care of a whole range of rule of law-related issues, including negative duties …” „… rule of law-promoting potential of international human rights informs the law of occupation in the …”

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

„… broadened its rule of law-related engagement in Afghanistan over the years.18 Initially, it focused on …” „… objective the establishment of stable and responsive State institutions.20 Important rule of law-projects …” „… their rule of law-related work. Legal Basis and Mandate for Rule of Law Promotion by International …”

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

„… conceived as being measurable against the rule of law’s principles with respect to e.g. legality, legal …” „… . 36 On the rule of law’s historical origins and development see Holterhus, supra note 35, 430 with …” „… the possible variations of the transferred item’s legal form. Although transferring the rule of law’s …”

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

„… basis, much theoretical dispute over the rule of law’s particular further content needs to be considered …” „… law-coherent domestic orders. Being an important legal tool in the EU’s external rule of law promotion, Article …” „… domestic implementation and upholding of a rule of law-coherent legal order (so-called carrot-and-stick …”

Floris Tan The Dawn of Article 18 ECHR – A Safeguard Against European Rule of Law Backsliding? S. 113-146

„… of LawB. 118 The Notion of the Rule of LawI. 118 The Specter of Totalitarianism and Rule of Law …” „… Protection in the ECHRII. 119 Article 18 and the Rule of LawIII. 122 The Defective Application of Article 18 …” „… the law must meet a number of formal criteria to be rule of law-compliant. This covers concepts such …”

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

„… Notion of the National Rule of LawC. 240 Normative DimensionI. 243 Applicable Substantive Law1. 245 Human …” „… The Rule of Law à la ICTY – What the ICTY Deemed Just Good Enough and How it Supported the …” „… ICTY as a Rule of Law PromoterA. 226 The ICTY’s Shifting Rule of Law Notions Over TimeB. 230 The …”

Andreas L. Paulus, Johann Ruben Leiss Constitutionalism and the Mechanics of Global Law Transfers S. 37-72

„… exercising public power. The rule of law demands that “the creation of laws, their enforcement, and the …” „… Leiss# Table of Contents Abstract 37 IntroductionA. 38 Rule of Law Transfers Between Constitutionalism …” „… and FragmentationB. 42 The German Project: Rule of Law Transfers and International Constitutionalism I …”

Titelei/Inhaltsverzeichnis S. 1-8

„… The Law Behind Rule of Law Transfers Till Patrik Holterhus (ed.) On Rule Based Interactions of …” „… Legal Orders in a Globalized World Till Patrik Holterhus (ed.) The Law Behind Rule of Law Transfers …” „… Rule of Law Transfers On Rule Based Interactions of Legal Orders in a Globalized World Till Patrik …”

doi.org/10.5771/9783845298481

Peter-Christian Müller-Graff, Haluk Kabaalioglu - Turkey and the European Union

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Peter-Christian Müller-Graff (ed.), Haluk Kabaalioglu (ed.)

Turkey and the European Union

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 76 2012

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Claus Dieter Classen The Dimension of the Rule of Law S. 53-64

„… administration and of tribunals has to be lawful, not arbitrarily. The law has to contain precise rules …” „… . Institutional Consequences The rule of law means that laws are executed efficiently. However, the reports of …” „… 53 The Dimension of the Rule of Law Claus Dieter Classen A. Introduction: The Importance of …”

Sanem Baykal The Rule of Law in the European Union Context and Turkey’s Accession Process S. 35-53

„… II. The Legal Dimension 37 The Rule of Law in the European Union Context and Turkey’s …” „… Accession Process Sanem Baykal* A. Introduction The principle of rule of law is a contested concept. Its …” „… according to the principle of rule of law, power, especially public power should be subject to the law and …”

Günter Seufert Turkey’s EU Accession: The Cultural Dimension S. 101-108

„… proponents of Turkey’s membership are busy with legal concepts like the rule of law, human rights and the …” „… Thus, there is no democracy, no rule of law, and no civil society without a European Culture.5 This …” „… the municipality law and the reform of the law on foundations are cases in point.9 During the …”

Haluk Kabaalioǧlu, Peter-Christian Müller-Graff Foreword S. 5-8

„… The Rule of Law in the European Union Context and Turkey’s Accession Process Sanem Baykal 37 The …” „… Dimension of the Rule of Law Claus Dieter Classen 53 III. The Social and Economic Dimension Meandering …” „… negotiations form a long standing topic of manifold aspects. The scholarly discussion of several dimensions of …”

Nedret Kuran-Burçoǧlu Cultural Aspects of Turkey’s Accession to the European Union S. 93-101

„… Instead with culture the proponents of Turkey’s membership are busy with legal concepts like the rule of …” „… law, human rights and the protection of minorities as well as with the formulation of economical and …” „… IV. The Cultural Dimension 95 Cultural Aspects of Turkey’s Accession to the European Union …”

Barbara Lippert The Conceptual Dimension of Turkey-EU Relations S. 25-34

„… whether this new kind of second class membership would be in conformity with EU law and whether the …” „… European Court of Justice would not rule it out on the basis of the existing Treaties. Moreover, in these …” „… preferences of the EEA countries who, as a rule, take the initiative in this process. So far third countries …”

Haluk Kabaalioǧlu Turkey’s Relations with the European Union: Customs Union and Accession Negotiations S. 9-25

„… to come together with the 1 Professor, Dean of School of Law, Yeditepe University, President of …” „… competition rules of the EU and established a Competition Authority which is considered as much more …” „… decision of the Council of Association- underlines that this is a clear obligation under International Law …”

Frédéric Krumbein The European Perspectives of Turkey: The Economic Dimension S. 87-92

„… the end, hinder Turkey from catching up quickly. In particular, the demands of EU law with its high …” „… 87 The European Perspectives of Turkey – The Economic Dimension Frédéric Krumbein Since the EU …” „… aspects are important as regards the perspectives of EU accession of Turkey. A. Economic Crisis: A Major …”

doi.org/10.5771/9783845235493

Khrushchev Ekwueme - Protection of Foreign Investment in Context

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Khrushchev Ekwueme

Protection of Foreign Investment in Context

Series: Nomos Universitätsschriften - Recht

Volume 496 2007

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Defence of Rule of Law S. 189-191

„… Rule of LawThe rule of law is an essential component of every effective legal system. It mandates …” „… lawlessness in Nigeria.According to the learned judge:»In the area where the rule of law operates, the rule of …” „… analyzed the presumptions and principles underlying the rule of law.704 A systematic analysis of …”

Relocalization of Nigerian Petroleum Agreements S. 214-218

„… tribunal to apply rules of international law only to fill up lacunae in theapplicable domestic law and to …” „… collusion with such norms.«821The issue relating to the primacy of rules of international law over the NLNG …” „… tribunal is satisfied that the rules and principles of Liberian law which it has taken into accountare in …”

Delays occasioned by Adjournments S. 191-192

„… lawlessness in Nigeria.According to the learned judge:»In the area where the rule of law operates, the rule of …” „… world which profess loudlyto follow the rule of law, gives no room for the rule of self help by force to …” „… government itself which rules by the law.«7107.7. Delays occasioned by AdjournmentsOne of the main causes of …”

Nationalization S. 95-99

„… a general rule of law applicable ‘in all circumstances’ leaves room for several interpretations. One …” „… 95»The claimant is entitled under international law and general principles of law to compensation …” „… Sedco312, the Iran-U.S. Claims Tribunal applied customary international law and the Treaty of Amity to …”

Conclusion S. 58-59

„… statute abrogates aprior rule) is part of Nigerian law. In other words, treaties and federal statutes …” „… (which incorporated the African Charter into Nigerian domestic law) nor ousted the jurisdiction of courts …” „… underinternational law. But the survey prepares the ground for further analyses in succeeding chapters of this work …”

Bibliography S. 313-324

„… , Osita C., »The Rule of Law and The Bench«, in I.A. Umezulike and C.C. Nweze (eds.), Perspectives in Law …” „… InternationalEnvironmental Law 376-379.Atsegbua, Lawrence, Acquisition of Oil Rights under Contractual Joint Venture in …” „… Revisited« (2001) Journal of Business Law 209-216.Obayomi, Oluwole, »Nigeria’s New Investment Laws«, (1997 …”

Constitutionality of Pre-action Notices S. 186-189

„… Rule of LawThe rule of law is an essential component of every effective legal system. It mandates …” „… analyzed the presumptions and principles underlying the rule of law.704 A systematic analysis of …” „… to pay for the goods in Danish Kroner.688 The Court reaffirmed the principle of law it laid down in …”

Appellate Review S. 288-290

„… andconsultation.1114 It dispensed with the customary international law rule requiringforeign investors to exhaust …” „… law arisingfrom the decisions of an arbitral tribunal of the first instance on investment disputes …” „… choice of any of the afore-mentioned fora orprocedures may be motivated by the fact that the case-law of …”

Conclusion S. 218-219

„… law and a rule of international law.219In such a case the relevant international law norm trumps the …” „… that surrounded the applicable law to EDAs has lost much of its practical significance.The main reason …” „… of law agreedby the parties, to apply the domestic law of the host State. Based on the jurisprudence …”

Reducing the Complexity of the Current Regime S. 273-275

„… of certainty of the applicable rules,transparency, and more competitiveness for foreign investors …” „… , BITs and regional trade agreements with investment rules. As earlier noted,customary international law …” „… rule on compensation is tainted with controversy.And regulating foreign investment by means of BITs has …”

Overlapping Jurisdiction S. 290-291

„… choice of any of the afore-mentioned fora orprocedures may be motivated by the fact that the case-law of …” „… . Such a development would be profoundly damaging tointernational justice. The law of the marketplace …” „… , under the pressure of the media, cannotbe the law of justice.«1120The other negative consequence of …”

The Right to Own Property S. 49-51

„… international standard for the treatment of aliens.97 Under customary international law,a State may take the …” „… Iran-U.S. Claims Tribunalaffirmed the broad concept of property under international law by stating …” „… tointernational law. This holds true even when the expropriation is of contractual rights. Aconcession, for …”

Conclusion S. 105-106

„… modify an existing rule of customary international law. As the Court of Appeals of New York in Banco …” „… establishing a rule of customary international law. This is because it is questionable whether States enter …” „… 105their dispute in accordance with terms of settlement made pursuant to the Nationalization Law of …”

General Standard – Fair and Equitable Treatment and Full Protection and Constant Security S. 122-134

„… influenced the content of rules governing the treatment of foreign investment incurrent international law …” „… international law,for the investments made by investors of the Contracting Party.« Tecmed case, supra note259 …” „… customary international law which refers to thetreatment that home States demand from host States of their …”

Preface S. 23-24

„… 23PrefaceThe rules regulating foreign investment are at the intersection of domestic law …” „… andinternational law. Just as domestic rules and regulations govern foreign investment, public international law …” „… sub-divisions or agencies. The interaction between domesticlaw and international law, the conflict of interests …”

Lump-sum Agreement S. 103-104

„… controversy on theactual rule of customary international law applicable to compensation.354 But Professor …” „… rules of international lawprotecting foreign investment.«359 In sum, the existence of a large volume of …” „… issues, it is difficult to conclude that they contributeto the creation of firm rules on the protection …”

Compensation Settlement Agreement S. 104-105

„… do not modify an existing rule of customary international law. As the Court of Appeals of New York in …” „… a rule of customary internationallaw. The reason is the essential element of opinio juris is missing …” „… Nationalization Law of Libya.369 Whilst lump-sum agreements between States and compensation settlementagreements …”

Immunity of Sovereign Assets from Execution S. 254-255

„… were bound to apply. The Court in a majority decision found that the rules of international law …” „… :»[…]. International law knows no rule of stare decisis. If this court is satisfied that the ruleof international law …” „… immunity was part of the common law of Englandand international law. Specifically, it argued that as an arm …”

Resolutions of the U.N. General Assembly S. 99-102

„… principle of persistent objector in international law precludesthe emergence of a new rule on compensation …” „… rule of customary international law on compensation.347 The utility of the standard of »appropriate …” „… Resolution 1803 contains a reference to international law and the national laws of the host State as …”

Final Conclusion S. 299-306

„… condition a rule of customary international law.Certain chapters of this book analyzed how far Nigeria’s …” „… taking of of foreign investment under international law,as we have seen in chapter 3, is a tough issue …” „… in Nigeria that the doctrine of regulatory taking is part of the constitutional law of Nigeria. Upon …”

Scope and Structure of the Study S. 27-29

„… Constitution of Nigeria, national and state laws, customary international law, investment treaties and …” „… facilitate an understanding of how Nigeria’s investment laws,treaties, and petroleum agreements protect …” „… of »smart« multilateral rules on investment via this book.Scope and Structure of the StudyThe 1999 …”

The Effect of Bilateral Investment Treaties S. 102-103

„… treaties has rendered academic the controversy on theactual rule of customary international law applicable …” „… conclusion of BITs »upholds and bolsters customary rules of international lawprotecting foreign investment …” „… principles recognized by the Constitution and the Investment Law of Kuwait.349 It further opinedthat …”

Distinction between Recognition and Enforcement: The Plea of Sovereignty S. 252-254

„… were bound to apply. The Court in a majority decision found that the rules of international law …” „… :»[…]. International law knows no rule of stare decisis. If this court is satisfied that the ruleof international law …” „… International Law, Boston, 1988, 266.949 The ratification of the ICSID Convention constitutes a waiver of the …”

Property Guarantee under the African Charter S. 51-55

„… customary international law,a State may take the property of a foreign investor within its borders once the …” „… contemporary international law.93 This view is underscored by the ineffectiveness of the doctrineto exclude the …” „… theyare retreating from it.95As already indicated, international law recognizes the prerogative of a State …”

Discrete Expropriation S. 90-95

„… standard is not a general rule of law applicable ‘in all circumstances’ leaves room for several …” „… law,based upon the respect for private property.«304The jurisprudence of ICSID tribunals embodies cases of …” „… . CompensationThe precise standard of compensation under customary international law for thetaking of the property …”

Most-favoured-nation Treatment S. 134-138

„… give the level of police protection required under customary international law.«506In interpreting fair …” „… compensationto investors of the other Contracting Party to a BIT. The rules of non-discrimination are stipulated …” „… Mondev case, a provision in the domestic law of a Contracting Party to an investment treaty providingthat …”

The Right of a Foreign Corporation to sue in Nigeria S. 185-186

„… SupremeCourt rejected the contention as misconceived with the following remark: »The principle of law that a …” „… or be sued in its corporate name in our courts ispart of the common law. The suggestion that a …” „… Danish Kroner.688 The Court reaffirmed the principle of law it laid down in Koya v. UnitedBank of Africa …”

The Emergence and Growth of Investment Treaties S. 108-110

„… BITsin order to circumvent the uncertainty surrounding the exact rule of customary international law on …” „… been ratified and/ or transformed into national law in orderto be in force. Only 70% of the treaties …” „… investment in its territory and the dutyof foreign investors to respect the sovereignty and laws of their …”

Right of Access to Court and the African Charter S. 55-58

„… courtsmust, in their duty to abide by the rule of law; hold that the Federal Military Governmentis bound by …” „… of compensation for the taking of privateproperty that is independent of the domestic law of the …” „… shallbe subject to the conditions provided by general principles of international law.2.5. Right of Access …”

Catching up with Global Economic Reality S. 272-273

„… international law rule on compensation is tainted with controversy.And regulating foreign investment by means of …” „… engender a greater degree of certainty of the applicable rules,transparency, and more competitiveness for …” „… importance. Some of them contain rules that are not provided forin other investment treaties. For instance …”

Can Abdication of Jurisdiction Constitute Manifest Excess Power? S. 250-251

„… inquiryis neither in principle determined, nor precluded, by any issue of municipal law, includingany …” „… municipal law agreement of the parties.«939The ad hoc Committee further stated that:»Moreover, the Committee …” „… international law), the existence of Article 16(4) of theConcession contract could have prevented its …”

Public Purpose Requirement S. 40-44

„… , »The Rule of Law and the Bench; in Perspectives in Law and Justice«, in I.A.Umezulike and C.C. Nweze …” „… Calder v. Bull laid down the settledprinciple of constitutional law’s condemnation in the United States …” „… (eds.), Essays in honour of Justice Eze Ozobu, Enugu, 1996,142. The principle of law laid by the …”

Consent to ICSID’s Jurisdiction under Section 26(2) of NIPC Act S. 226-230

„… Article 8(2) of the 1993 Investment Law ofAlbania, which, inter alia, states that:»if the dispute arises …” „… aspect of Article 8 of Law No. 43 of 1974 (the investment code of Egypt)read as follows:»Investment …” „… disputes in respect of the implementation of this Law [shall be]/[are to be] areto be settled in a manner …”

Compulsory Acquisition or Possession S. 35-40

„… them as they are.« SeeO. C. Eze, »The Rule of Law and the Bench; in Perspectives in Law and Justice …” „… 35also in Article 14 of the German Basic Law.23 In these jurisdictions, the scope ofproperty under …” „… concept of property under Article 14 of the Basic Law of Germany as follows:»The Basic Law does not …”

Does an ad hoc Committee Possess Appellate Power? S. 244-250

„… rule of procedure; ore) the award has failed to state the reasons on which it is based.«Generally, an …” „… ofEgyptian law to fill the lacuna in the U.K.-Egypt BIT on the determination of interest on expropriated …” „… mandated it to applyFrench law incorporated by Cameroonian law as the applicable law of the …”

Introduction S. 271-272

„… investment, attention still focuses on bringing foreign investment within the framework of multilateral rules …” „… be a free-standing treaty governing threeareas of foreign investment rule-making, namely, investment …” „… (eds.), Liability ofMultinational Corporations under International Law, Boston, 2000, 199.1036 Thomas …”

Effect of ICSID Arbitration Clause in a BIT S. 222-226

„… settled in accordance with the rules of ‘UNCITRAL’ […] The disputes shall befinally settled through …” „… Convention, if each StateParty has adhered to that Convention, or ad hoc tribunal pursuant to the Rules of …” „… questions. Each of these claims will be determined by reference to itsown proper or applicable law – in the …”

Introduction S. 107-108

„… rules for their investors’investments.376 The objective of this chapter is to comparatively examine the …” „… , contain very similar substantive and procedural rules.379 This chapter will highlight some of the …” „… Institute ofInternational Public Law and International Relations of Thessalonica (ed.), Peace and Human …”

The Right to Make Claims in Foreign Currencies S. 186

„… to pay for the goods in Danish Kroner.688 The Court reaffirmed the principle of law it laid down in …” „… are claimed. The old rule in England, aswell as in Nigeria, is judge-made and in the light of present …” „… day circumstances of extensiveinternational relationships, that rule should give way to a new rule as …”

Abbreviations S. 17-22

„… International LawHJIL Harvard Journal of International LawIBL International Business LawIBRD International Bank …” „… CourtJAL Journal of African LawJBL Journal of Business LawJENRL Journal of Energy and Natural Resources …” „… LawJIA Journal of International ArbitrationJIBL Journal of International Business LawJWI Journal of World …”

The Right of Establishment S. 279-281

„… application of theNT rule contained in Article 1102 NAFTA identical to the relevant provision ofthe OECD MAI …” „… of foreign investment to the laws of its ContractingParties. This approach is in tandem with the …” „… host country’s laws and regulations;c) consistency of the investment with the declared development …”

Introduction S. 48

„… 48Chapter TwoThe Right of Property under International Law2.1 IntroductionAnalytically …” „… , international law recognizes three core-intertwined issues relevantto the taking of the property of foreign …” „… investors, namely:75a) What is the concept of property?b) What amounts to taking?c) What rules govern …”

Taking and Compensation S. 286-288

„… concept that is yet to harden into a rule of customary international law.In the same manner, the Pope …” „… all national laws should not be transposed to international law. The casefor such a relief is …” „… 286right to give domestic assistance should then be checked through the policy review mechanism of …”

Concept of Property S. 48-49

„… 48Chapter TwoThe Right of Property under International Law2.1 IntroductionAnalytically …” „… , international law recognizes three core-intertwined issues relevantto the taking of the property of foreign …” „… investors, namely:75a) What is the concept of property?b) What amounts to taking?c) What rules govern …”

Aims of Study S. 26

„… dispassionate manner with a view to determining the current position of the law, and use it to explore the …” „… question as to whatshould be the next phase in the development of new rules on the protection of foreign …” „… way of using decided cases to determine the correctposition of the law. This work, which avoids a …”

Introduction S. 182-183

„… ofpre-action notices, the rule of law, delays occasioned by adjournments, enforcement of pecuniary judgments …” „… system presupposes not only predictable regularity,correct exposition of the law, and diligent …” „… impact of agood justice system on the development of a country, international law requiresthat a host …”

Excerpts from the NIPC Act, 1995 S. 340-343

„… arbitration as follows:(a) in the case of a Nigerian investor, in accordance with the rules of procedure for …” „… Centrefor the Settlement of Investment Disputes Rules shall apply.27. Any person desirous of establishing an …” „… 340NIGERIAN INVESTMENT PROMOTION COMMISSIONDECREE NO. 16 of 1995PART 1 – ESTABLISHMENT OF THE …”

Personal Scope S. 114-115

„… law, both BITs define an investor of each ContractingParty in accordance with the laws of that …” „… tomunicipal law on the nationality of natural persons and corporations. In line withcustomary international …” „… Constitution; andin respect of the Federal Republic of Germany: Germans within the meaning of the BasicLaw for …”

Colonial Era S. 155-157

„… to serve the interests of British investors.585 A quintessential example ofsuch a rule was contained …” „… Immigration Officer in Nigeria.596 One of the objectives ofthis law is to reduce the employment opportunities …” „… Investment Laws and the State’s Control of Multinationals«, (1988)3 (1) ICSID Review–FILJ 41. 588 Mummery …”

Conclusion S. 242-243

„… commitment to foreign investors under Article 21of Law No.1 of 1967, Indonesia’s Foreign Investment Law. In …” „… customary international law binding on Nigeria. 9.11. ConclusionThis survey of the complexities of ICSID’s …” „… jurisdiction and the relevant provisions of Nigeria’s investment laws, treaties and other agreements suggests …”

Right to Acquire and Own Immovable Property S. 31-33

„… court of law or tribunalor body having jurisdiction in that part of Nigeria.«Section 44(2) also …” „… stipulates that:»Nothing in subsection (1) of this section shall be construed as affecting any general law –a …” „… forfeitures for the breach of any law, whether undercivil process or after conviction for an offence;c …”

Constitutional Concept of Property S. 33-35

„… of this section isthat whereas a law may be passed to prevent aliens in Nigeria from acquiring …” „… Law of Property, Enugu, 2000, 63. For the avoidance of doubt, »fixtures« affixed to land or to a …” „… character of chattel as they pass with the ownership of the land, for the maxim of the law is quicquid …”

Expropriation and Nationalization S. 61-62

„… unrealistic to subject largescale nationalization to the rule of full, prompt and adequate compensation …” „… incorporated a subsidiary company under the laws of Congo. The Congolese company subsequentlysold 50% of its …” „… 26.147 P.E. Comeaux and S.N. Kinsella, Protecting Foreign Investment under International Law:Legal …”

Creeping Expropriation S. 62-64

„… unrealistic to subject largescale nationalization to the rule of full, prompt and adequate compensation …” „… enacts a law or takesa measure directed at taking the tangible property of a foreign investor which …” „… directlyprejudiced by the taking over of the factory by Poland.«157154 Ibid., at para. 4.62.155 American Law …”

The Case against MAI S. 275-276

„… meaningfully to the economic1057 J. H. Jackson, The World Trading System: Law and Policy of International …” „… laws and treaties. It is doubtful that Nigeria will object to a broad definition of investment in a …” „… investment dispute.12.2.3. Multilateral Liberalization of the third Pillar of GlobalizationAlthough the …”

Material Jurisdiction S. 241-242

„… acts of its military officers were illegal under international law, they constituted an international …” „… disregard of Indonesia’s commitment to foreign investors under Article 21of Law No.1 of 1967, Indonesia’s …” „… under customary international law binding on Nigeria. 9.11. ConclusionThis survey of the complexities of …”

Territorial Scope S. 119-120

„… location of an investment. As a general rule, an investment made outside a host State’sterritory cannot …” „… obligations under the CISS agreement.4515.5. Admission and Approval of InvestmentThe general rule is that a …” „… or might in the future be designated under their national laws inaccordance with international law as …”

Recognition of ICSID Awards for Enforcement S. 251-252

„… accordingly.« Section 1(2) of the Act also stipulates that:»The Chief Justice of Nigeria may make rules of …” „… court or may adapt any rule of court necessary to give effect to this section.« The most significant …” „… International Law, Boston, 1988, 266.949 The ratification of the ICSID Convention constitutes a waiver of the …”

Definition of Corporate Investor S. 115-117

„… 115Basic Law respectively for determining who natural investors of Contracting Parties to the …” „… relation to the bankruptcy of Barcelona Traction, which it alleged to be contrary tointernational law …” „… in civil law jurisdictions in the Nigeria-Germany BIT.431 Pursuant to Article 1(3) of this treaty …”

Enforcement of Monetary Orders of Court against the Government S. 192-194

„… there is no rule of customary international law or consistent practice of States, which requires …” „… notwithstanding anything to the contrary to all inherent powers and sanctions of a court of law.«The provision of …” „… include all powers and sanctions which a Court of law ought toexercise in order to do justice and uphold …”

Annulment of Contract S. 65-67

„… arbitrarily if it enacts a law that lacks legislative purpose or if it takes a measure devoid of any …” „… contractual rightsin any given State in contravention of the domestic law of the State, which is usually the …” „… governing law of State-investor contracts, the erring foreign investor maybe deprived of reaping the …”

Applicable Standard of Compensation S. 44-46

„… . constitutional law scholar, the payment ofcompensation by the government against the taking of private property …” „… to a law, was assigned the performance of a task that serves the common good, if it is in addition …” „… law. Furthermore, such law must provide for the payment of adequate compensation to the ownerand must …”

Material Scope S. 111-114

„… . It argued that the dispute was between Republic of Zaire and SINZA. Inorder to rule on the objection …” „… note 150, at 20.407 I. Sinclair, The Vienna Convention and the law of Treaties, 2nd edition, Manchester …” „… Netherlands-Venezuela BIT (thegoverning law of the dispute) vested it with the competence to decide matters involving …”

Administrative Justice S. 194-198

„… customary international law, it does not breach Article1105(1). It argued that there is no rule of customary …” „… international law or consistent practice of States, which requires statutory authorities to be generally …” „… foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any …”

The Period from 1979 to 1994 S. 160-162

„… transition to a civilian rule programme evaporated with the annulment of the June 12, 1993, Presidential …” „… privateparticipation. The previous position of the law was that private investors, both local and foreign, could only …” „… Others foundways of circumventing the indigenization laws, while the rest that were unwillingto enter …”

Temporal Scope S. 117-119

„… contractual obligation on the basis of a Massachusetts law giving BRA immunity from suits arising from …” „… in the provisions of NAFTA to indicate a deviation from the settled principle of international law …” „… easy to ascertain the location of an investment. As a general rule, an investment made outside a host …”

Titelei/Inhaltsverzeichnis S. 2-16

„… of Rule of Law 189137.7. Delays occasioned by Adjournments 1917.8. Enforcement of Monetary Orders of …” „… machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law wherecopies …” „… . K. EkwuemeVisiting ResearcherHarvard Law SchoolKukekwueme@hotmail.com89Table of …”

Definitional Approach S. 277-279

„… one of its holding subsidiary companies constituted under the laws ofCanada. The implication of …” „… 277rest any misgivings as to whether the agreement covers debts of State enterprises.Presently …” „… , whose arrears rapidly mounted in 1980s. Accordingto the Economist data, the total external debt of …”

Conclusion S. 255-256

„… national laws and rules of international law on the immunity of the assetsof sovereign States to ICSID’s …” „… misapplication of the facts and/ or the law at issue, without aright of appeal has outlived its usefulness …” „… 255point. The decisions lay down the principle that the assets of a Contracting Statein use or to …”

Autonomy of the Will versus Permanent Sovereignty over Natural Resources S. 205-211

„… period of its validity be construed in accordancewith the Petroleum Law between and the Regulations in …” „… shareholders in theNLNG company (by a special law which contains the assurances of the FGN onexpropriation …” „… Egypt. The country has enacted a special law that grants supremacy to provisions of certain petroleum …”

Introduction S. 220-222

„… own competence.« Pursuant to the provision of the ICSID Arbitration Rule 41(2), an IC-SID tribunal may …” „… competence to determine its own jurisdiction. See G.H.A. Naón, »Choice-of-lawProblem in International …” „… of theICSID will be discussed in light of the provisions of Nigeria’s BITs and investment laws. In …”

Nigeria-U.K. BIT of 11 December, 1990 S. 325-332

„… thehost Country’s Sovereignty and laws;Have agreed as follows:ARTICLE 1 DEFINITIONSFor the purposes of …” „… or company affected shall have a right, under the law of the Contracting Party making the …” „… company which is incorporated orconstituted under the law in force in any part of its own territory, and …”

Multilateral Liberalization of the third Pillar of Globalization S. 275

„… meaningfully to the economic1057 J. H. Jackson, The World Trading System: Law and Policy of International …” „… investment dispute.12.2.3. Multilateral Liberalization of the third Pillar of GlobalizationAlthough the …” „… activities of transnational corporations now eclipse foreign trade asa factor driving the global economic …”

Fair and Equitable Treatment, Full Protection and Constant Security S. 286

„… concept that is yet to harden into a rule of customary international law.In the same manner, the Pope …” „… 286right to give domestic assistance should then be checked through the policy review mechanism of …” „… give»constant protection and security« and »fair and equitable treatment« to foreigninvestment.1109 This kind of …”

Corruption, the Syndrome of »419« and Armed Robbery S. 260-264

„… of Sharia law in some Northern States in the country.Under Sharia law, barbarous punishments …” „… advocates of Sharia law are politicians and surprisingly not the Moslem clerics.984 These desperate …” „… democratic government than during the military rule.986 The serious nature of corruption in Nigeria is that …”

The Preamble of Bilateral Investment Treaties S. 110-111

„… . It argued that the dispute was between Republic of Zaire and SINZA. Inorder to rule on the objection …” „… note 150, at 20.407 I. Sinclair, The Vienna Convention and the law of Treaties, 2nd edition, Manchester …” „… investment in its territory and the dutyof foreign investors to respect the sovereignty and laws of their …”

Environmental Regulation S. 80-85

„… any principle of customary international law.2413.5.4. Environmental Regulation There is considerable …” „… Tribunal establishedpursuant to NAFTA Chapter 11 and the UNCITRAL Arbitration Rules. The allegation of the …” „… projects in SLP. The ICSID Tribunal found that,pursuant to the domestic law of Mexico, the Federal …”

Incentives S. 284-286

„… the obligation of transparency, a concept that is yet to harden into a rule of customary international …” „… law.In the same manner, the Pope & Talbot Tribunal construed the standard to meanthat a foreign investor …” „… workers to the detriment of Nigerians.1098 This decision was informed by the fact that many IOCs collude …”

Standing of Natural Claimants S. 233-234

„… tribunals. It is clear that a juridical person organizedunder the laws of a Contracting State to the ICSID …” „… another Contracting Party.«This provision takes cognizance of the fact that the laws of many countries …” „… 233pursuant to Article 1118 NAFTA. Ethyl responded that the company made attempts at high levels of …”

The Requirement of Amicable Settlement S. 231-233

„… settlement of the dispute and Canada rebuffed them. The company further argued thatthe six-month rule could …” „… between Congo and Banro Resource would be submitted to the ICSID.When a dispute arose out of the mining …” „… agreement, Canada, which is not a partyto the ICSID Convention, gave diplomatic protection on behalf of …”

Admission and Approval of Investment S. 120-122

„… obligations under the CISS agreement.4515.5. Admission and Approval of InvestmentThe general rule is that a …” „… the other Contracting Party, regardless of its laws and regulations.452This implies that for any …” „… been made or is subject to the laws in force in the territory of the Contracting Party concerned and to …”

Open-ended Definition of Investment S. 276-277

„… idea of a multilateral agreement replacing BITs andthe investment rules in regional trade agreements …” „… constituted under the laws ofCanada. The implication of defining investment in a future MAI to cover …” „… 276development of host States of foreign investors.1060 Based on this reason, one mayargue that …”

Standing of Juridical Persons S. 234-236

„… juridical person organizedunder the laws of a Contracting State to the ICSID Convention has the competence …” „… provision takes cognizance of the fact that the laws of many countries likeNigeria mandate foreign companies …” „… 234rule is subject to the requirement that a foreign investor requesting ICSID arbitration should …”

doi.org/10.5771/9783845202907

Jakub Jinek, Lukáš Kollert - Emergency Powers

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Emergency Powers

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Vojtěch Belling The State of Exception and Limits of the Rule of Law S. 43-74

„… destruction of the rule of law. A solution in the form of adopting ad hoc laws is not credible for the reasons …” „… The State of Exception and Limits of the Rule of Law* Vojtěch Belling Introduction While Francis …” „… Executive Supremacy in an Economic State of Emergency”; C. Kilpatrick, “On the Rule of Law and Economic …”

Jan Kysela Exceptionality in Law S. 101-124

„… contrasted with thesis, the law-making, i.e., targeted creation of rules as orders. See F. A. Hayek, Law …” „… ; religious, moral, or political rules) as opposed to law with a higher formality and an element of …” „… . 8 M. Šejvl, Idea právního státu v dějinách filozofie [The Idea of the Rule of Law in the History of …”

Josef Isensee On the Validity of Law with Respect to the Exceptional Case S. 11-28

„… ’ heel of the rule of law as subordinated to unreservedly general universal laws:2 it may find itself in …” „… prescriptions of constitutional law that did not violate the rule of lawfulness. The Basic Law has manifested …” „… situations beyond the control of general rules of law, and then it faces a dilemma. Either it has to …”

Eckart Klein The German Discussion on the State of Exception and Constitutional Provisions on States of Emergency S. 125-143

„… of emergency are scattered all over the Constitution. Although the emergency rules of the Basic Law …” „… of the democratic State based on the rule of law.28 It is needless to say that these fears did not …” „… importance for the preservation of the rule of law and the protection of the individuals (Art. 115g BL). But …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Emergency Powers Jakub Jinek | Lukáš Kollert (eds.) Rule of Law and the State of Exception Nomos …” „… BUT_Jinek_5731-2.indd 2 06.07.20 09:22 Jakub Jinek | Lukáš Kollert (eds.) Emergency Powers Rule of Law …” „… | Kollert, Lukáš Emergency Powers Rule of Law and the State of Exception Jakub Jinek | Lukáš Kollert (eds …”

Otto Depenheuer The Exceptional Case in Situations of Normalcy S. 29-42

„… daily maintenance of the rule of law via the particular organs of the police and the judiciary. These …” „… self-affirmation of the rule of law against terror concerns more than just the life and property of citizens: what …” „… . Yet how can the law respond without giving up the normative claim of the rule of law? 3. 7 In more …”

Bibliography S. 144-156

„… Powers and the Rule of Law after 9/11”, in: Journal of Political Philosophy, 14, 2006, pp. 61–84 …” „… ., Parlamentssuprematie und Rule of Law, Tübingen 2005. Šejvl, M., Idea právního státu v dějinách filozofie [The Idea of …” „… the Rule of Law in the History of Philosophy], Plzeň 2014. Tomuschat, Ch., “Internationale …”

Lukáš Kollert To Regulate, or Not to Regulate? A Study on the State of Exception and Its Regulation S. 75-100

„… Staatsnotrechts”, p. 127. 64 Cf. Y. Mehozay, Between the Rule of Law and States of Emergency. The Fluid …” „… account that constitutional laws cannot be overcome by means of an ordinary law. If actions deemed …” „… overstepping of positive law can be viewed as a “lawful” action, despite its illegality. The response to this …”

Glossary of German Expressions S. 157-158

„… measures Notstandsregel emergency rules Notstandsrecht state of emergency law Notstandsregime emergency …” „… regime Rechtsstaat rule of law Sonderrecht exceptional law Spannungsfall state of tension Staatsnotrecht …” „… Ausnahmefall exceptional case Ausnahmelage exceptional state of affairs Ausnahmerecht law of exception …”

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