Internationale Prospekthaftungsfälle gewinnen im grenzüberschreitenden Anlageverkehr zunehmend an Bedeutung, haben auf europäischer Ebene aber bislang keine hinreichende Regelung erfahren. Die Untersuchung widmet sich der Frage, wie das IPR den Anbieter- und Anlegerschutz auf diesem Gebiet angemessen integrieren kann. Ausgehend von den Grundlagen der Prospekthaftung in Deutschland wird dabei insbesondere auch die Rechtslage in Frankreich und England näher beleuchtet und verglichen.Aufbauend auf den hieraus gewonnenen Erkenntnissen sowie einer Herausarbeitung wesentlicher wirtschaftlicher Parameter, die dem Prospektrecht zugrunde liegen, unternimmt es die Arbeit schließlich, entsprechende Sachverhalte im Regelungsrahmen des Europäischen Kollisionsrechts einer interessengerechten Lösung zuzuführen
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Our friend and colleague Rüdiger Dornbusch passed away before he was able tocomplete his book based on the Munich Lectures in Economics that he gave inNovember 17, 1998, at the Center for Economic Studies of Ludwig-Maximilians-Universität.The lectures contain a fascinating overview of the mechanics andhistory of international financial crises showing the breadth and ingenuity of thiseminent scholar. The lectures were lively and provocative, full of importantinsights and observations. Interestingly enough, Dornbusch expressed asubstantial mistrust in the actions of political decision makers, supervisoryagencies and central banks in the game that leads to the crisis and even collapse offinancial systems, and he advocated supranational supervisory actions as aremedy. CES has decided to prepare a transcript of the lectures, which are also available inthe Internet as full length-videos. I am grateful to Paul Kremmel for hisassistance.
This article starts from the observation that International Relations scholars do not agree on what they mean by theory. The declining popularity of grand theory and the celebration of theoretical pluralism are accompanied by the relative absence of a serious conversation about what 'theory' is or should be. Taking the view that we need such a conversation, especially given the shallow theorizing of modern scholarship that conflates theory with method, and the postmodern view that abstract narratives must be deconstructed and rejected, this article puts forward the notion of 'deep theorizing' as the ground for grand theory. Specifically, it argues that deep theorizing is the conceptual effort of explaining (inter)action by developing a reading of drives/basic motivations and the ontology of its carrier through an account of the human condition, that is, a particular account of how the subject (the political actor) is positioned in social space and time. The article illustrates this angle through a discussion of realist, liberal and postcolonial schools of thought. It basically argues that, through their particular readings of the human condition, these approaches develop distinct conceptions of political agency and, hence of the nature and location of world politics.
While the study of games and gaming has increased in International Relations in recent years, a corresponding exploration of play has yet to be developed in the field. While play features in several key areas – including game theory, videogames and popular culture, and pedagogical role-plays and simulations – little work has been done to analyse its presence in, and potentials for, the discipline. The aim of this article is to introduce the study of play to IR. It does this by demonstrating that play is political, and that it is at work across the global arena. Drawing on the deconstructive tradition associated with Jacques Derrida, its core contribution is a theorisation of play. The central argument developed is that play is (auto)deconstructive. By this I mean (1) that play precipitates an unravelling of any attempt at its conceptualisation, and (2) that this illustrates the value of a deconstructive approach to international theory. This claim is substantiated through an analysis of four key binary oppositions derived from Johan Huizinga's Homo Ludens. Having shown how play powerfully deconstructs its own conceptual foundations, I argue that a playful approach offers a robust challenge to entrenched assumptions in international theory.
The purpose of this study is to identify the international immunity and its type. We also sought to evaluate the immunity of international organizations from the perspective of international law in this study. International organizations have immunity in the implementation of their programs and tasks. In fact, one of the principles of public international law is immunity that prevents the presence of a foreign state in state courts. In some cases, there is a possibility of cancellation of immunity and in other cases withdrawal of immunity is derived from a political mission. These cases include accepting to solve the commercial dispute through arbitration because contrary to the authority of the state judge, judgment to address the dispute is not one of the government figures; therefore, government summoned to court of arbitration is not considered as a violation of state sovereignty. In practice, immunity has changed over the time. In other words, immunity has been modified over time. Research method used in this article is a review of the literature and interviews with experts who examine and compare the rules and regulations and the existing notes at home and abroad, about the immunity of international organizations. In the current situation, international general discipline is contrary to this subject that the government or organization holding immunity, while being aware of that, definitely accepts the condition of turning to a referee, which attracts the other party's confidence, and then refers to immunity in some stage of inspection or while implementing the sentence. The legal concept of immunity, in general, is the sense that its owner is immune from prosecution, law enforcement, and government officials and they will not be able to chase the holder of such immunity.
The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.
The paper introduces a new explanation of international order that focuses on representants. Representants are practices, artifacts, and language that stand in for the international system's units in international fora. They are crucial for International Relations (IR), given that IR deal with a macro-realm that can never be fully present, but needs to be made concrete in specific localities. Representants have four interrelated effects: (1) they define the units of the international system; (2) they legitimize them; (3) they provide them with differential degrees of power; and (4) they serve as tools for governing. When representants are seriously challenged, orders are in crisis; when new representants emerge, a new order has taken hold. The paper develops a mechanism of change emerging from struggles over representants. It studies the transition from the medieval order of universal monarchy to an order of divine right absolutism. Representants, such as gothic cathedrals, the mass, and coronation rituals maintained the medieval hierarchical order with the pope/emperor at the apex. The Reformation provided the last step in kings' challenge to the medieval order. Kings adapted existing representants, so that they would portray the independence of kings from the papacy/emperor, and simultaneously position kings above feudal lords.