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Leonie Vierck, Pedro A. Villarreal, A. Katarina Weilert - The Governance of Disease Outbreaks

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Leonie Vierck (ed.), Pedro A. Villarreal (ed.), A. Katarina Weilert (ed.)

The Governance of Disease Outbreaks

2017

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Elif Askin Extraterritorial Human Rights Obligations of States in the Event of Disease Outbreaks S. 175-212

„… extraterritorial obligations, in cases where the territorial state of the rights-holder fails to guarantee the …” „… as a subsidiary obligation triggered only when the rights-holders’ own state is unable or unwilling …” „… 175 Extraterritorial Human Rights Obligations of States in the Event of Disease Outbreaks Elif …”

A. Katarina Weilert The Role of the Human Right to Health. The Right to Health in International Law – Normative Foundations and Doctrinal Flaws S. 145-174

„… provides an overview of the sources, content, inner structure and actual state of the right to health …” „… specific shape of a human right: The States Parties transferred to the United Nations (UN) the very …” „… Cultural Rights (ICESCR) in 1966. Article 12 ICESCR reads as follows: “1. The States Parties to the …”

Leonie Vierck The Case Law of International Public Health and Why its Scarcity is a Problem S. 113-144

„… see the contribution of Elif Askin, “Extraterritorial Human Rights Obligations of States in the Event …” „… Human Rights by Member State Troop Contingents Serving as United Nations Peacekeepers” (2010), 51 …” „… , “Extraterritorial Human Rights Obligations of States in the Event of Disease Outbreaks” in this volume. By contrast …”

Robert Frau Combining the WHO’s International Health Regulations (2005) with the UN Security Council’s Powers: Does it Make Sense for Health Governance? S. 327-348

„… human right being limited – its importance can hardly be overstated. Nevertheless, when states drafted …” „… ) ICESCR complements67 the individual human right to health with obligations of State Parties.68 In this …” „… International Covenant on Civil and Political Rights (ICCPR), where Article 2 [1] ICCPR obliges State Parties …”

Mateja Steinbrück Platise The Changing Structure of Global Health Governance S. 83-112

„… by human rights treaties and customary international law. Thus, every state is bound by at least …” „… state and involve state duty to protect against abuses of human rights by third parties.62 The …” „… Law. A Global Health Perspective, 2014. 61 Alston, P (ed.), Non-State Actors and Human Rights …”

Hunter Keys, Bonnie Kaiser, André den Exter The Real Versus the Ideal in NGO Governance: Enacting the Right to Mental Healthcare in Liberia During the 2014-2016 Ebola Epidemic S. 213-242

„… Liberia, with attention on the role of both state and non-state actors working on the right to mental …” „… state, but one that has also honored deep commitments to realizing the right to health through policy …” „… 213 The Real Versus the Ideal in NGO Governance: Enacting the Right to Mental Healthcare in …”

Leonie Vierck, Pedro A. Villarreal, A. Katarina Weilert The Concept of the Book S. 13-40

„… specifies the “Extraterritoral Human Rights Obligations of States in the Event of Disease Outbreaks”. She …” „… understand if and under what conditions states, which are not the territorial states of right-holders, have …” „… the traditional idea of state security as well as being motivated by a human rights perspective …”

Ilja Richard Pavone Ebola and Securitization of Health: UN Security Council Resolution 2177/2014 and Its Limits S. 301-326

„… rights treaties. Secondly, if the host state is unwilling or unable to do so, or if it commits a …” „… neurodegenerative diseases (i.e. ____________________ * PhD in International Law and Human Rights at Sapienza …” „… Organization (WHO), was heavily challenged by the 2014 Ebola Outbreak in West Africa. Many states (partially …”

Titelei/Inhaltsverzeichnis S. 1-9

„… Rights ECJ European Court of Justice ECOWAS Economic Community of West African States ECtHR European …” „… 2017. Printed and bound in Germany. This work is subject to copyright. All rights reserved. No part of …” „… Vierck 113 The Role of the Human Right to Health The Right to Health in International Law …”

Edefe Ojomo Fostering Regional Health Governance in West Africa: The Role of the WAHO S. 273-300

„… to the rights of free movement, residency and establishment in all states within the region.57 …” „… However, in the wake of the epidemic, the regional obligation of states to respect the right of free …” „… Authority of Heads of State and Government and the Council of Ministers guarantee a right of free movement …”

Susan L. Erikson The Limits of the International Health Regulations: Ebola Governance, Regulatory Breach, and the Non-Negotiable Necessity of National Healthcare S. 349-372

„… Necessity of Health Sovereignty Health sovereignty is the inalienable right of a nation-state, no matter …” „… making documents, regulations, standards, and laws subjects of scientific inquiry in their own right …” „… Agreement, in Theory The IHR is an international treaty among 196 States Parties, which voted and approved …”

Christian R. Thauer The Governance of Infectious Diseases. An International Relations Perspective S. 373-394

„… statehood – i.e. beyond the nation state. Drawing on empirical examples of governance involving businesses …” „… fulfill public functions in situations in which the state is limited in its ability to govern. I …” „… structure of GHG is conceived to fulfill this function mainly through the coordination of states’ public …”

Michael Marx Ebola Epidemic 2014-2015: Taking Control or Being Trapped in the Logic of Failure – What Lessons Can Be Learned? S. 41-60

„… paid right away. This was mainly as a reaction to news in the mass media and the fear of …” „… affected countries, the lack of leadership of WHO, as well as poor inter-state cooperation and flaws at …” „… . Member States are obliged to issue a national IHR focal point in order to inform WHO about public health …”

Wolfgang Hein The Response to the West African Ebola Outbreak (2014-2016): A Failure of Global Health Governance? S. 61-82

„… as the United States Centers for Disease Control and Prevention (CDC). Thus a report by a panel …” „… volume, which focuses primarily on the deplorable state of the health systems and of state institutions …” „… processes by states, intergovernmental organizations, and non-state actors to deal with challenges to health …”

Pedro A. Villarreal International and Regional Organizations and the Securitization of Health. The World Health Organization’s Governance Framework in Disease Outbreaks: A Legal Perspective S. 243-272

„… are legally binding for States or not. This article deals with the governance framework designed …” „… its members is seen as enhancing its legitimacy vis- à-vis Member States, and perhaps even the public …” „… authority as the possibility to shape a legal or factual situation.20 Although States have a primary role …”

doi.org/10.5771/9783845286006

Angelo Jr. Golia, Matthias C. Kettemann, Raffaela Kunz - Digital Transformations in Public International Law

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Angelo Jr. Golia (ed.), Matthias C. Kettemann (ed.), Raffaela Kunz (ed.)

Digital Transformations in Public International Law

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 317 2022

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Adam Krzywoń Online Communication and States’ Positive Obligations: Towards Comprehensive European Human Rights Protection S. 205-232

„… Online Communication and States’ Positive Obligations: Towards Comprehensive European Human Rights …” „… processes on the States’ obligations emerging from the European Convention on Human Rights (ECHR). It claims …” „… online relations when human rights violation is a result of a State’s non-compliance with the positive …”

Stefanie Schmahl Digitalisation and International Human Rights Law: Opportunities and Critical Challenges S. 135-178

„… Council and various human rights monitoring bodies repeatedly call on States to promote and facilitate …” „… perspective, an obligation of result could be justified, for example, as a derivative right of the States …” „… other rights.36 The Community Court of Justice of the Economic Community of the West African States (CCJ …”

Alena Douhan The Changing Nature of Sanctions in the Digital Age S. 99-132

„… brought in breach of international obligations or violates the rights and interests of states, the latter …” „… possibility to protect their rights in judiciary bodies.86The recent practice of the United States is rather …” „… Political Rights (ICCPR),90 which is viewed by the Human Rights Committee as a guarantee ‘that States …”

Katharina Luckner #WhoseLawIsItAnyway – How Social Media Augments Civil Society Participation in International Law-Making S. 235-260

„… , some 1,200 NGOs were present to urge nation-state delegations to include human rights as a central …” „… and Alwyn Lim, ‘International Human Rights Law and Social Movements: State’s Resistance and Civil …” „… , transnational advocacy networks bypass a state unwilling or unable to provide rights to its citizens and …”

Vera Strobel Strategic Litigation and International Internet Law S. 261-284

„… rights.Over 30 privacy and digital rights non-profit organizations all over Europe involved in strategic …” „… of the public. Internet law and digital rights have become important and ever-growing objects of …” „… effects regarding international internet law and digital rights, in particular before European and US …”

Rossella Pulvirenti The Impact of the Internet on International Criminal Law S. 179-204

„… ‘voluntary self-disclosure.’105 This form of historic account pertains victims’ rights.Victims’ RightsThe …” „… which we document human rights abuses. For instance, although it was difficult for NGOs to enter Syria …” „… digital open-sources information as a third-generation fact-finding approach to human rights.4 During the …”

Titelei/Inhaltsverzeichnis S. 1-8

„… States’ Positive Obligations: Towards Comprehensive European Human Rights Protection 205Adam …” „… Cyberspace 77Uchenna Jerome OrjiThe Changing Nature of Sanctions in the Digital Age 99Alena Douhan7RightsPart …” „… transformed the way we act, and interact, alone and in societal contexts. New challenges to individual rights …”

Contributors S. 285-286

„… enjoyment of human rightsAngelo Jr Golia Senior Research Fellow, Max Planck Institute for Comparative Public …” „… University, Dublin, IrelandAlena Douhan Professor of International Law, Belarusian State University, Minsk …”

Angelo Jr Golia, Matthias C. Kettemann, Raffaela Kunz Digital Transformations in Public International Law: An Introduction S. 11-22

„… globally has been recognized on the UN level, where states confirmed their obligation to respect rights …” „… social self-determination take place.2 The role and power relations of states have also changed in the …” „… of digital spying tools against journalists and civil rights activists, the protection of fundamental …”

Edoardo Celeste The Constitutionalisation of the Digital Ecosystem: Lessons from International Law S. 47-74

„… state dimension, creating new transnational contexts in which individual rights need to be protected and …” „… Member States’ constitutions and by international human rights treaties.40 In Les Verts, the court, by …” „… simultaneously occurs at different societal levels. Not only in the institutional perimeter of nation-states but …”

Pia Hüsch Error 404: No Sovereignty Analogy Found S. 25-46

„… application of state sovereignty in cyberspace is complex and includes a range of issues, such as the …” „… cyber operations violate state sovereignty. Next to legal and political questions, technological details …” „… of ‘getting the analogy right,’ this chapter concludes that the contribution of analogies in the …”

Uchenna Jerome Orji Rethinking the African Union Non-Aggression Treaty as a Framework for Promoting Responsible State Behavior in Cyberspace S. 77-98

„… contrary to the rights of other States,’38 and also in the Trail Smelter Case.39 This principle has been …” „… ) the peaceful co-existence of the Member States and their right to live in peace and security;53 c) the …” „… Responsible State Behavior in CyberspaceUchenna Jerome OrjiAbstract In Africa, regional organisations have …”

doi.org/10.5771/9783748931638

Lena J. Kruckenberg - The UNreal world of human rights

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Lena J. Kruckenberg

The UNreal world of human rights

Series: Recht und Gesellschaft - Law and Society

Volume 5 2012

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Actors beyond states: NGOs in the human rights system S. 68-75

„… rights monitoring are of central importance here. 5.1 Actors beyond states: NGOs in the human rights …” „… rights records for a given state or region, human rights NGOs provide other state and non-state actors …” „… many human rights NGOs. They often seek publicity to pressurise states into improving their human …”

Titelei/Inhaltsverzeichnis S. 2-8

„… actors 68 5.1 Actors beyond states: NGOs in the human rights system 68 5.2 Non-governmental actors at …” „… 81 Part II. International human rights monitoring in action 96 8. State actors and the politics of …” „… Lena J. KruckenbergThe UNreal world of human rightsAn ethnography of the UN Committee on the …”

Institutionalisation: Human rights monitoring during the initial phase S. 39-49

„… rights treaties would discourage states from ratifying them. On the other hand, overly sub- 30 In …” „… compliance by states with the standards laid down in human rights treaties (Steiner et al. 2007: 737). As …” „… human rights treaty bodies differ from the ILOs State Reporting procedure in several ways, mostly …”

The nascent UN human rights regime S. 30-36

„… prohibit actions that infringe on such rights. States are not supposed to kill their citizens or to unduly …” „… right to periodic paid holidays usually requires ‘positive’ action by the state, such as policies of …” „… initial phase, as the first generation of rights were given priority by Western states while socialist …”

Institutionalisation: Advancing monitoring and implementation S. 52-61

„… number of human rights treaties (Freeman 2002: 36). Thus, states became “the major constructors of a …” „… fact that all human rights are interrelated and mutually reinforcing. The practice of many states …” „… lack of 56 In the process of signing human rights instruments states have the opportunity to make …”

The creation of the International Bill of Rights and ICERD S. 26-30

„… rights practices (including their violations) are situated within states and not in interactions between …” „… states. In this respect, human rights stand out as a particular subject matter amongst other areas of …” „… rights” binds states to international norms and seeks to implement them with the help of …”

Introduction: Explorations into an UNreal world S. 11-19

„… rights regime (Kruckenberg 2007). I analysed State Reports, reports produced by non-governmental …” „… . International human rights law challenges and restricts the fundamental principle of state sovereignty by …” „… on their behalf and for others, thus challenging the supremacy of states as actors. Human rights …”

Conceptualising human rights S. 20-26

„… societies, and by state governments as well as inter-governmental monitoring organisations. Human rights …” „… granted by [a] state, or a human right will dramatically alter the relationship between states and …” „… sovereign territorial state and its institutions. According to international human rights law, states are …”

Supervision, monitoring and implementation: CERD and its procedures since the 1980s S. 61-68

„… bodies, states parties and non- 75 In an interview with a prominent international human rights lawyer …” „… international human rights monitoring are of central importance here. 5.1 Actors beyond states: NGOs in the …” „… the emergent UN human rights system. As has been shown, charter-based and treaty-based human rights …”

Making ICERD a living document: A discourse in six dialogues S. 153-166

„… its states parties to ensure that “no decisions directly relating to their rights and interests are …” „… rights system (shaded area). The creation of new rights (like collective rights), the foundation of new …” „… ways. First, the Togolese state delegation receives a comment upon a particular problem, and how to …”

Expansion of human rights: Third generation rights S. 49-52

„… generations rights, and socialist states forwarded second generation rights, the Global South advocated third …” „… generation rights. This was not the least motivated by the need of these newly founded states and their …” „… rights when they are addressed in a state-centred environment like the UN. Chinkin (1998: 113) observes …”

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): Structure and Content S. 36-39

„… developments of the human rights canon” (Thornberry 2005b: 254). Article 6 obliges states parties to provide …” „… phase of the creation of the UN human rights system. It reaffirms state sovereignty over domestic issues …” „… practices based on universal human rights, in order to organise the ‘international society’ of states …”

Conclusion: The Realities of an UNreal world S. 169-174

„… for rights” (Thornberry 2005b: 267) on the international level, in order to motivate state governments …” „… content. Human rights treaties such as ICERD oblige all states parties to align their domestic legislation …” „… created by states, with the purpose of monitoring the implementation of international human rights law …”

Non-governmental organisations at CERD S. 124-128

„… practices, and impart these into the international sphere of human rights monitoring. State actors and NGOs …” „… CERDs arenatransnational human rights NGOs NGOs Civil Society State state institutions UNdomestic …” „… member of the Peruvian delegation and representative of PERUPETRO, the Peruvian state agency investing in …”

Back chambers: The Committee in its own arena S. 146-153

„… human rights issues related to ICERD, e.g. in governmental and inter-state human rights institutions, or …” „… . grants for children of disadvantaged groups) and the inherent rights of minorities and indigenous peoples …” „… (such as the right to be educated in their mother tongue). Measures related to the latter type of rights …”

‘It is not as if there had not been a dialogue’: Russia’s reporting history S. 96-111

„… evolving landscape of human rights monitoring from the perspective of the state representative, and …” „… acrimoniously defending their state’s human rights record or by simply rejecting any ‘intrusion in internal …” „… 96 Part II. International human rights monitoring in action After the predominantly descriptive …”

Non-governmental actors at CERD S. 75-78

„… consider the submission of a joint ‘state’ report drafted in consultation with national human rights NGOs …” „… contrast to the highly formalised relationship between CERD and reporting states, the involvement of …” „… non-state actors in its monitoring procedures is by far more informal and less regulated. For a long time …”

NGOs and CERD: Communication by proxy S. 142-146

„… Peru had finally submitted its report, these NGOs called upon CERD to schedule the Peruvian State …” „… declaring a state of emergency and had sent armed forces and national police into the area. The resulting …” „… organisations reacted to the crisis in Peru; the UN Special Rapporteur on the Situation of Human Rights and …”

Interlude: Finding one’s feet at CERD S. 81-95

„… the state’s territory merely result in the statement that ‘the fundamental rights of Roma are accepted …” „… the visitor’s presumption that this is the delegation of the state about to report on this sunny …” „… right-hand side is left open, disclosing a number of computers that are presumably set up for the experts to …”

Non-diplomatic exchanges: Sweden’s Report and Peru under Review S. 128-142

„… rights enshrined in the Convention more generally. The non-governmental member of the state delegation …” „… ways in which they approach and enter into CERD’s arena. Representatives of transnational human rights …” „… do not engage actively with the Committee. Some NGO representatives (e.g. from national human rights …”

Bibliography S. 175-186

„… Rights in the Middle Twentieth Century. In M. Bos (Ed.), The Present state of international law and other …” „… . Alston (Ed.), Non-state actors and human rights (93–112). Oxford: Oxford University Press. Kapferer, B …” „… rights law instruments referenced in this study can be retrieved from:

Russia’s report at CERD’s 73rd session S. 111-119

„… understandings of extremism ‘extremism’ racism terrorism state security protection of human rights legislation …” „… distinct sets of reasoning about extremism. On the right-hand side the state’s position is presented (grey …” „… population. Recognition and protection of human rights, however, will contribute to the stability of a state …”

State delegations at CERD: Six key areas of change S. 119-124

„… involvement of national human rights organisations into the drafting process of their State Reports. In the …” „… recommends to the State party to further intensify its efforts to combat racially motivated violence …” „… Extremist Activities [...] (CERD/C/RUS/CO/19). 8.3 State delegations at CERD: Six key areas of change …”

Independence and unity: Squaring the circle S. 166-169

„… the light of other and more recent human rights instruments which inform the reconstruction of the …” „… rights, and therefore, depending on the situation of the group, permanent as well as temporary special …” „… protected, if not enhanced, the autonomy of the entire Committee. Attempts by states to influence the …”

Concluding Part I: Putting CERD in perspective S. 78-81

„… human rights system allowed for a deeper understanding of CERD’s tradition and of its institutional …” „… (re)organisation of the UN system; the expansion of international human rights law; and the increasing involvement …” „… of NGOs in international human rights monitoring. Some of these ‘contextual forces’ influenced CERD …”

List of Abbreviations S. 9-10

„… 9 List of Abbreviations AC Human Rights Council Advisory Committee CAT Committee Against Torture …” „… Cultural Rights CHR Commission on Human Rights CMW Committee on Migrant Workers CONAP Confederación de …” „… Nacionalidades Amazónicas del Perú CRC Committee on the Rights of the Child CEDAW Committee on the Elimination …”

doi.org/10.5771/9783845234670

Giovanni Poggeschi - Language Rights and Duties in the Evolution of Public Law

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Giovanni Poggeschi

Language Rights and Duties in the Evolution of Public Law

Series: Schriftenreihe der Europäischen Akademie Bozen, Bereich »Minderheiten und Autonomien«

Volume 23 2013

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Language Rights in the City State of Singapore S. 216-218

„… Rights in the City State of Singapore Singapore, an independent city state since 1965, contains the same …” „… of prestige and distinction. In conclusion, Singapore is a state where first type rights and …” „… . Linguistic Rights in One of the Most Richly Diverse States in the World: Indonesia The nature of Indonesia?s …”

Brief Excursus on the Linguistic Rights in other African States S. 242-249

„… majority?818. 5.9. Brief Excursus on the Linguistic Rights in other African States In the above section we …” „… . 243 Another article on linguistic rights in the elected Assemblies, this time of the sub-state …” „… rights being fully enjoyed by all Nigerians826. Kenya is also a federal state, with extraordinary …”

Linguistic Rights in One of the Most Richly Diverse States in the World: Indonesia S. 218-222

„… perspective. 5.5.3. Linguistic Rights in One of the Most Richly Diverse States in the World: Indonesia The …” „… certainly played a role in creating the identity of the new state, but Sukarno, following his model Atatürk …” „… state based on ?Pancasila?, which consisted of five principles of state philosophy: monotheism …”

Language Rights of Arab States and of Some Islamic Legal Systems: a Feature in Common Between Asia and Africa. The Special Case of Israel S. 225-233

„… country with no Islamic majority of those analysed below. 5.7. Language Rights of Arab States and of Some …” „… dialogue with the Palestinians the Jewish state must bring into force the linguistic rights given …” „… majority749. Linguistically, Japan is a very compact state. The same cannot be said of the Philippines …”

Brief History of Linguistic Rights. Linguistic Rights and Minority Rights. Evolution of the Doctrine. Linguistic Rights of the First, Second and Third Types. The Role of Comparative Law S. 19-35

„… mechanism of the European Court of Human Rights strongly influences the living and formal law of the states …” „… responsibilities of the welfare state and does not only safeguard the rights of the individual, but also the …” „… govern linguistic rights and duties. It must not be thought that sub-state authorities everywhere protect …”

Conclusions. The language as Incorporeal Good of a Special Kind. Between Inclusion of Individuals and the Maintenance of a Specific Collective Identity. A New Order of Linguistic Rights and Responsibilities S. 269-282

„… of linguistic rights has the state as its reference point. Second type, or minority rights, are such …” „… linguistic rights may concern the group that at the state level is minority. In other words, to know Catalan …” „… the state level. At the regional level the rights of the state majority, which is a minority at the …”

Some Conclusions. Is Autonomy the Panacea for the Enjoyment of Rights by Linguistic Minorities? S. 160-167

„… chapter and the previous one. The legal responsibilities for linguistic rights in sub-state authorities …” „… their linguistic rights can only be first type. In the case of independent states the situation is still …” „… spoken about linguistic rights with reference to ?almost-states?, like Quebec and Catalonia, and those …”

Language and the Law S. 11-18

„… state: suffice it to think of the language rights and duties of foreigners and their descendants in …” „… democratization of the contemporary State and concerns both the ?internal? or ?intrinsic? side of language and the …” „… that it belongs to a community, for practical matters and questions of identity. Language rights are …”

Catalonia, the Linguistic Nation Par Excellence S. 124-138

„… corresponds a ?kin-state? ensures that this may guarantee the enjoyment of linguistic rights of its own fellow …” „… this section: the importance of linguistic rights in Catalonia for the Spanish state (in addition to …” „… language of the State. All Spaniards have the duty to learn it and the right to use it. 2. Other Spanish …”

Protection of English in the USA S. 41-53

„… Voting Rights Act, introduced by Senator Robert Kennedy from New York state, stated that the right to …” „… only the southern states that had made sly laws to restrict the right to vote for minority groups that …” „… experimentation by the territorial authorities, waiving state laws and regulations. This was followed by organic …”

Linguistic Rights in Slovakia S. 75-84

„… latter article also states that ?the enjoyment of the rights of citizens belonging to national minorities …” „… the right balance between promotion of the state language, and tutelage of minority languages. On the …” „… , whose use is regulated by the principle of territoriality, and in the second paragraph that the state …”

Linguistic Rights of Indegenous People S. 250-264

„… their native rights on the lands they traditionally occupy, the state taking upon itself the definition …” „… coordination between the different levels of government in a federal state857. The linguistic rights of the …” „… ?). This was the first federal law on linguistic rights for indigenous peoples of the United States of …”

The Problematic, and Emblematic, Case of the Question of Minorities in Turkey S. 98-113

„… obstacles to minority rights. For example article 3, paragraph one, establishes that the ?Turkish state …” „… states now considered immune to sins of a lack of protection of human rights and those of minorities. To …” „… guarantee an improved co-existence between the linguistic groups, and effectiveness for the rights of the …”

From the Letter of the Law to Difficult Practice. A Solution: ?Unitary Federalism? S. 239-242

„… on the Linguistic Rights in other African States In the above section we saw that the structure of …” „… Africa is trying to combine linguistic rights of first and second type at the same time805. The …” „… consideration that the general first type rights, that is to say universal human rights, had not been respected …”

Linguistic Rights in South Africa. From Apartheid to the Constitution of Everyone S. 233-239

„… practicable. In order to ensure the effective access to, and implementation of, this right, the state must …” „… 233 5.8. Linguistic Rights in Sub-Saharan Africa and South Africa This sector deals in just a few …” „… other experiences only the main regulations concerning linguistic rights will be mentioned, trying to …”

Linguistic Rights in a Fragile and Incomplete Democracy under the Guidance of Outside Powers: The Case of Afghanistan S. 198-204

„… , ?Afghanistan: Minority Rights and Autonomy in a Multi-Ethnic Failed State? (1999) Stanford Journal of …” „… option possible for a state so radically diverse. 5.4. Minority and Linguistic Rights in China …” „… the linguistic and ethnic diversity of the country, central to the building of a constitutional state …”

Adjustment and Proliferation of the Linguistic States and Official Languages S. 182-187

„… , worries in some of the non-Hindi areas - especially in the states of southern India – concerning the …” „… ?All non-Hindi States, with the exception of Orissa, exercised extraordinary precaution in enforcing …” „… , beside it a more generally used Indian language, and English. In many states this formula is respected …”

Recent Juridical Developments in China, and Their Influence on the Minority and Linguistic Issue S. 208-213

„… to organs of the State who illegally deprive citizens of their right to religious freedom, or who …” „… modification being article 33.3, stating ?the State has to respect and protect human rights?. The expression …” „… minority, three provisions on minority rights were added to the penal code of 1997, which helped to improve …”

Linguistic Regulation in Macedonia S. 93-98

„… democratic nature of the Kazakhstan of Nazarbayev300, where second type rights are in force without the basis …” „… of first type rights, conditions not only the language policies but in general the relations between …” „… typical example of the Balkan states, sharing a geographical and historical destiny. It is, however …”

Tutelage of Minorities in Hungary, and the Tutelage of Hungarians in Countries on its Borders S. 121-124

„… peninsula corresponds a ?kin-state? ensures that this may guarantee the enjoyment of linguistic rights of …” „… establishing that the state shall look after the social and cultural needs of the two populations on the basis …” „… of identical principles. This article also confirms the right of the Samoyed and Roma populations to …”

Linguistic Rights and Obligations in Latvia S. 84-93

„… nature. 3.3.2. Linguistic Rights and Obligations in Latvia The Baltic States have also had to deal with …” „… on the subject of citizenship and linguistic rights. This sub-section deals with the minority and …” „… linguistic regulation of the most composite or mixed state from an ethnic and linguistic perspective, Latvia …”

Linguistic Rights in the Autonomous Republics of the Russian Federation. The Linguistic Question in Tatarstan and of the Tartar Language S. 147-152

„… Russian Federation throughout its territory. 2. The Republics have the right to institute their own State …” „… identity as language. The enjoyment of linguistic rights by a sub-state area satisfies a part of the …” „… Welsh, the law in question is specifically aimed at regulating linguistic rights and obligations …”

Reflections, (Almost) Conclusive, on Linguistic Rights in Asia S. 222-225

„… country with no Islamic majority of those analysed below. 5.7. Language Rights of Arab States and of Some …” „… 222 via a control that Indonesia?s central state apparatus has never ceased to exercise743, even …” „… undoubtedly have an effect on linguistic rights, with a more incisive tutelage of local languages which in any …”

Linguistic Rights in Pakistan S. 187-191

„… being an essential characteristic of the national identity. They are second type rights consolidated and …” „… linguistic groups. Third type rights, i.e. those guaranteed to foreigners, do not seem to be a worry, for the …” „… Asia, but also the western world. 5.2. Linguistic Rights in Pakistan and Bangladesh, Nepal and Sri …”

The Establishment of Canada, Federal Bi-National State S. 54-67

„… . It is inevitable for these imbalances in enjoyment of language rights to occur in a composite state …” „… policies of the sub.-state entities, although they are highly significant. 3.2.2. The Establishment of …” „… Canada, Federal Bi-National State Federalism in Canada came ?from the top? with the British Act of 1867 …”

The Indian Constitution and its Linguistic Provisions S. 174-176

„… Rights in a Democratic Nation-State? in W. Kymlicka and B. He (eds.) Multiculturalism in Asia (Oxford …” „… the division into two states, and as far as the subject of language went, Urdu, chosen as the national …” „… linguistic rights and obligations, contained in one specific part, the seventeenth, entitled ?Official …”

Language Rights in Belgium S. 67-75

„… Rights in Belgium Belgium is a very interesting case for the study of federalism and language rights …” „… Multi-ethnic States (Cambridge University Press, Cambridge/UK, 2000), pp. 29-52. 205 See M. Leroy, De la …” „… legislation on language rights: this had created three Communities (Flemish, French and German) and three …”

Linguistic Rights in Nepal S. 195-197

„… positions629. 5.2.4. Linguistic Rights in Nepal Nepal is a state of huge ethnic, linguistic, ideological …” „… Linguistic Rights in Afghanistan The experiences of the states that surround India make us realise that even …” „… 195 and also India (in particular from the Tamil of the state of Tamil Nadu, situated opposite the …”

Linguistic Regulation of the Other Autonomous Communities S. 138-144

„… referendum on independence for Catalonia (?the right to decide?), possibly in 2014. The debate on this issue …” „… this process: in fact, the declaration of sovereignty and the right to decide, which the Parliament of …” „… Ministers with an appeal to the Tribunal Constitucional. The Spanish Council of state issued a report, on 28 …”

Linguistic Rights of the Roma S. 264-268

„… 264 least a continuous irritant for those states that repress minorities and indigenous peoples, or …” „… indigenous people thus turns out to be very significant. 6.1.2. Linguistic Rights of the Roma The Roma share …” „… live in every state throughout Europe. Their numbers religious minorities, of 18 December 1992, which …”

Historical Introduction to the Subject of Multilingualism in the Indian Sub-Continent S. 168-174

„… Rights in a Democratic Nation-State? in W. Kymlicka and B. He (eds.) Multiculturalism in Asia (Oxford …” „… 168 5. Language Rights in Asia and Africa The experiences analysed so far have been of European and …” „… concerning dominant languages or those less widespread, whether prepared by a central state apparatus or …”

The Historical Bases of Minority and Linguistic Issues in China S. 204-208

„… to organs of the State who illegally deprive citizens of their right to religious freedom, or who …” „… development of human rights and a watertight judicial system, while respecting local custom, at least until …” „… international law with local custom appears to make sense665. As far as the subject of linguistic rights is …”

Final Clarifications on This Section S. 113-117

„… other member states now considered immune to sins of a lack of protection of human rights and those of …” „… : States_Reports/Sweden_report1.pdf >. 115 of third type linguistic rights, which …” „… in the next chapter, on the regulation of linguistic rights (above all) by sub-state authorities …”

Language Rights in a Federation on Territorial and Ethnic Bases: Malaysia S. 213-216

„… , thanks to the role of English. 5.5.2. Language Rights in the City State of Singapore Singapore, an …” „… states having many features in common, including of course their geographical context, and diverse …” „… solutions for the question of ethnic and linguistic pluralism. 5.5.1. Language Rights in a Federation on …”

The Protection of French in France S. 37-41

„… into effect. The ?law on the use of French?73, states right from the first article its wide-ranging …” „… and cooperation amongst the states and peoples who share the French language?. 71 M. Fumaroli, Il …” „… language of teaching, work, trade and public services. It is the privileged bond of the states making up …”

Linguistic Rights in Sri Lanka S. 192-195

„… Peoples?. 5.2.3. Linguistic Rights in Sri Lanka Sri Lanka is a state linguistically, politically and …” „… . Linguistic Rights in Nepal Nepal is a state of huge ethnic, linguistic, ideological and caste diversity. From …” „… law provides for them, especially after 2007, the year of the ?Declaration of the Rights of Native …”

Some Conclusions on the Indian Sub-Continent, Together With a Preliminary Look at the Situation of Linguistic Rights in Afghanistan S. 197-198

„… ethnic and linguistic criteria could find a home. In other words, an effective synthesis of rights of the …” „… fundamental rights of minorities and of the marginal communities?635. 5.2.5. Some Conclusions on the Indian …” „… Sub-Continent, Together With a Preliminary Look at the Situation of Linguistic Rights in Afghanistan The …”

British Devolution and the Question of Welsh and Scottish Gaelic S. 144-147

„… ?. The citizens? linguistic rights thus vary according to their place of residence. The decrees of …” „… constitution, and one may predict that the evolution of the protection of linguistic rights and …” „… responsibilities is far from having exhausted its potential, possibly covering also the language rights of the …”

Introductory Clarification S. 152-155

„… area of one?s own regional identity as language. The enjoyment of linguistic rights by a sub-state area …” „… region of 1963 at article 3 states that ?in the Region equality of rights and treatment for all citizens …” „… of the sub-state authorities, ?strong? in the tutelage of their own language. 4.4. Some Cases of …”

Protection of More Minority Languages S. 158-160

„… situation of language rights of the second type. The Occitan language of Val d?Aran, or Aranese, has, for …” „… remarkable developments in linguistic rights at the regional level which deserve examination499. Corsica, the …” „… . 99-410 of 15 March 1999508. More recently, a sentence of the Council of state of 2006 reiterated that …”

Essential Bibliography S. 283-286

„… 283 Essential Bibliography An-na?im, A. A., Islam and the Secular State. Negotiating the Future of …” „… Protection in Post-Apartheid South Africa. Human Rights, Minority Rights, and Self-Determination (Praeger …” „… Millan, Houndmills, Basingstoke/New York, 2004). Kymlicka, W.and Patten, A. (eds.) Language Rights and …”

Introductory Clarification S. 118-119

„… final chapter draws some conclusions on the influence of linguistic rights on the form of state …” „… 118 4. The Juridical Regulation of the Languages of Sub-State Authorities and Regional and Minority …” „… juridical regulation of linguistic rights in Europe and North America. The chapter on Africa and Asia, and …”

Linguistic Rights in Bangladesh after Independence S. 191-192

„… Peoples?. 5.2.3. Linguistic Rights in Sri Lanka Sri Lanka is a state linguistically, politically and …” „… 191 5.2.2. Linguistic Rights in Bangladesh after Independence Article 3 of the Constitution of …” „… State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to …”

Introduction S. 53-54

„… 53 The balance between the three types of language rights, not only in the USA where we have seen …” „… the prevalence of rights of the first type, is very hard to achieve148, but as Michel Rosenfeld …” „… diversity (on this see below, ch. 6). 3.2. Language Rights in Canada, Belgium and Switzerland 3.2.1 …”

Titelei/Inhaltsverzeichnis S. 2-10

„… PoggeschiLanguage Rights and Duties in the Evolution of Public Law NomosBUT_Poggeschi_0785-0.indd 3 07.08.13 …” „… subject to copyright. All rights are reserved, whether the whole or part of the material is concerned …” „… Measures in the ?Charter of Fundamental Rights and Freedoms? 59 3.2 .2 .3 . T he Canad ian Sup r e me …”

Other Experiences of Average and Weak Linguistic Tutelage in Italy S. 155-158

„… of 18 July 2013, which states that the norms of the ?spending review? (Law n. 135 of 7 August 2012 …” „… article states that the Ladin, Mòchena and Cimbric peoples ?are an inalienable heritage of the entire …” „… considerably more limited protection of the Veneto Region, as well of course as the state protection deriving …”

Introduction S. 36-37

„… decisions are crucial: language rights are one of the areas where the state can still decide a great deal …” „… 36 3. The Juridical Regulation of Strong and Weak State Languages 3.1. The Protection of Powerful …” „… policies of the Baltic states closely resemble those of Catalonia and the Basque countries, seemingly far …”

The German Language in South Tyrol S. 119-120

„… on an equal plane with Italian, which is the official language of the State?. Technically, the most …” „… would like to repeat that the analysis of minorities that have a kin-state is simply less functional to …” „… evolution of the forms of state without attributing too much importance to the external pressures of the …”

The Status of the Other German Minorities in Europe, and of the Swedes in Finland S. 120-121

„… , Ethnicity and the State (volume two: Minority Languages in Eastern Europe post-1989 (Palgrave, London, 2001 …” „… establishing that the state shall look after the social and cultural needs of the two populations on the basis …” „… of identical principles. This article also confirms the right of the Samoyed and Roma populations to …”

doi.org/10.5771/9783845249490

Aurelia Colombi Ciacchi, Christine Godt, Peter Rott, Lesley Jane Smith - Haftungsrecht im dritten Millennium - Liability in the Third Millennium

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Aurelia Colombi Ciacchi (ed.), Christine Godt (ed.), Peter Rott (ed.), Lesley Jane Smith (ed.)

Haftungsrecht im dritten Millennium - Liability in the Third Millennium

Series: Schriftenreihe des Zentrums für Europäische Rechtspolitik der Universität Bremen (ZERP)

Volume 52 2009

Results in this title

Norbert Reich “Federalism and Effective Legal Protection” – Some thoughts about a recent study by Johan Lindholm ‘State procedure and Union rights’ S. 381-394

„… on the enforcement of subjective rights originating in EC law via Member State procedures. The study …” „… sure that the rights of EU citizens against Member States or against undertakings are effectively …” „… duty of (Member) state courts to enforce and protect rights which originate in another, namely Federal …”

Thomas Giegerich Another Incoming Tide? Tort Liability in Public International Law S. 577-606

„… delinquent State violated establishes individual rights: the violation of primary individual rights does not …” „… individual rights but rather oblige States to establish such rights in their national law. States, as the …” „… rights context because international human rights law as a rule not only prohibits States from violating …”

Franz Werro The Right to Inform v. the Right to be Forgotten: A Transatlantic Clash S. 285-300

„… the European Convention on Human Rights (hereinafter ECHR), against the State. We will see that this …” „… refrain from infringing the individual’s rights but, under the ECHR, now imposes on States a so-called …” „… . Interestingly, the right to be forgotten is unprotected in the United States. The media and the press in …”

Bill W. Dufwa Horizontal Effect of the European Convention: Swedish Case Law S. 85-110

„… State that has agreed to it. The European Convention for the Protection of Human Rights and Fundamental …” „… treating the liability of the State in favor of the individuals, the rights and obligations between …” „… measures the State has to take to secure respect for private life, the rights and obligations between …”

Walter van Gerven Judicial Convergence of Laws and Minds in European Tort Law and Related Matters S. 29-50

„… rights combined with fundamental economic and other freedoms which the participating states have in …” „… for the coordination of the economic policies of Member States (Art. 98-99 EC) and was used again in …” „… House of Lords. Supreme courts of other Member States are also engaged in comparative jurisprudence …”

Giorgio Resta ‘Guilty Until Proven Innocent’: Trial by Media and European Law S. 243-284

„… the doctrine of State obligations to protect fundamental rights30 tend to shift the focus of the …” „… State in the United States and Europe: A Right to State Protection? Comment, ibid., 153; M. Tushnet …” „… resistance to hold non-state actors bound to respect the fundamental rights and, among these, fair-trial …”

Nuno Ferreira Fundamental Rights, Constitutional Principles, and the Law of Torts: Tortfeasors v. Tort Victims S. 49-84

„… increasing effect of fundamental rights outside of the citizen-state relationship, invading domains such as …” „… above) 31 and C. Starck, State Duties of Protection and Fundamental Rights, 1 PER (2000), 27, on the …” „… , Social Dignity and the Retreat of the Welfare State, and A. Colombi Ciacchi, Social Rights, Human …”

Giovanni Comandé Patients’ Medical Tourism and Electronic Health Records: Mobility between Sector Regulations and Systemic Interactions S. 331-344

„… regulate e-health, will have a significant impact on general private law rules and Member States …” „… ’ Medical Tourism and Electronic Health Records 333 regulations required member states to reimburse their …” „… citizens for medical care received in other Member States when certain circumstances, such as inadequate …”

Hans-W. Micklitz The Service Directive – Consumer contract law making via standardisation S. 483-508

„… , payment 505 2. Rights and remedies (withdrawal, compensation and liability) 506 V. Post-contractual …” „… article reads as follows: (1) Member States shall, in cooperation with the Commission, take accompanying …” „… level. (2) Member States shall ensure that information on the significance of certain labels and the …”

Joseph A. Page Reflections on Pain-And-Suffering Damages in the United States S. 193-216

„… counter to right to trial by jury as guaranteed by state constitution). A federal task force has …” „… III. Verletzungen der Person Personal Injury and Personality Rights 193 Reflections on …” „… Pain-And-Suffering Damages in the United States Joseph A. Page∗ Preface 194 A. Introduction 194 B. Non-Pecuniary …”

Titelei/Inhaltsverzeichnis S. 1-26

„… Injury and Personality Rights Reflections on Pain-And-Suffering Damages in the United States Joseph A …” „… . O’Callaghan: Personality Rights in European Tort Law, im Erscheinen). Gert Brüggemeier kam 1978 an die …” „… Training Network (RTN) „Fundamental Rights and Private Law in the European Union“ (2002-2006). Dabei war …”

Vernon Valentine Palmer Immaterial Damages, the Protection of Personality Interests and the Relevance of Contract Law S. 215-224

„… Delict The recognition and protection of human personality rights is frequently portrayed as a question …” „… thus unconsciously imagining personality rights as a de …” „… . As this contribution forms part of a larger work in progress, I would reserve the right to republish …”

Patrick O’Callaghan Remedies in Tort Law: Coherence in a Muddle? S. 131-146

„… exaggerating the effect of the terminological confusion between remedies and rights. He states that ‘the …” „… Law: Worlds Apart? 133 C. The Many Meanings of Rights and Remedies 135 I. The Birks Classification …” „… actionability of a claimant’s story 137 2. ‘Remedy’ as a right born of a wrong 137 3. ‘Remedy’ as a right …”

Gunther Teubner Kannibalisierung des Wissens: Schutz kultureller Diversität durch transnationales Recht? S. 553-576

„… nationaler Patentrechte? 566 II. Begrenzung durch globale Definition eines indigenen IP-right 568 III …” „… vorangetriebener globaler Verbreitung von intellectual property rights auf der einen Seite und der Erhaltung von …” „… Commission on Intellectual Property Rights and Development Policy (CIPRDP), Integrating Intellectual …”

Lesley Jane Smith Grounding Space: Liability for commercial space operations S. 607-626

„… virtue of Art. 13.2. The state retains a subsidiary right of recourse against the operator to the extent …” „… Negligence Liability in Space 616 III. Entry point for liability: State v. Personal and Territorial …” „… Jurisdiction 617 IV. International Liability: State Practice and National Law 618 V. Two Recent National …”

Zhu Yan The Legislative Background of Chinese Tort Law and Its Key Issues S. 111-128

„… “Society without Suits” to “Society Seeking Rights Protection” as People's Awareness of Rights Grows 115 …” „… Tort Law – Legally Protected Rights and Interests 118 1. The Protection of Personality Rights 118 2 …” „… . The Protection of Property Rights by Tort Law 118 3. Pure Economic Loss 119 4. Commercial Torts 119 …”

Gert Brüggemeier Schriftenverzeichnis / Table of Publications S. 641-648

„… Schmidt, Heidelberg 2005. 9. Fundamental Rights and Private Law in the European Union, 2 Bände, Cambridge …” „… 2009 (mit Colombi Ciacchi und Comandè), im Erscheinen 10. Personality Rights in European Tort Law …” „… . 29. Governmental or State Liability in Germany, in: Fairgrieve/Andenas/Bell (Hrsg.), Tort Liability …”

Mauro Bussani, Marta Infantino Fault, Causation and Damage in the Law of Negligence. A Comparative Appraisal S. 145-156

„… establish the defendant’s liability, the finding of the infringement of a protected right of the victim, of …” „… ); among the same lines, see State Street Trust Co. v. Ernst, 278 N.Y. 104, 15 N.E. 416 (N.Y. 1938 …” „… remains in a state of confusion shoots to the man that saved him (Lynch v. Fisher, 41 So. 2d. 692 (1949 …”

Aurelia Colombi Ciacchi Alte und neue Paradigmen in der Fahrlässigkeitshaftung S. 157-180

„… 2004, Stuttgart u.a., 2005, 151, 161 ff. 18 G. Brüggemeier, Protection of Personality Rights in the …” „… . O’Callaghan (Hrsg.), Personality Rights in European Tort Law, Cambridge, erscheint 2009. 19 Vgl. C …” „… . Schepel/J. Falke, Legal Aspects of Standardisation in the Member States of the EC and EFTA: Vol. 1 …”

Peter Rott Vergemeinschaftung des Verjährungsrechts bei grenzüberschreitenden Delikten? S. 393-412

„… „Fundamental Rights and Private Law in the European Union“ unter dem 6. Forschungsprogramm der EG. 3 G …” „… Ciacchi/P. O’Callaghan, Personality Rights in European Tort Law, Cambridge, erscheint 2009. 5 Insb. die …” „… , Rs. C-63/01 Samuel Sidney Evans gegen The Secretary of State for Environment, Transport and the …”

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