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Preface; Table of Cases; Court of Justice of the European Union; European Court of Justice; Court of First Instance; Opinions and Rulings; International Court of Justice; GATT and WTO; Permanent Court of International Justice; International Arbitral Awards; German Jurisprudence; Table of Legislative Instruments; European Union; International Instruments; World Trade Organization/General Agreement on Tariffs and Trade 1947 (GATT); National Legislation; Contents; List of Abbreviations; Chapter 1: Introduction
I. An Introduction to the Membership of the European Union and Its Member States in the WTOII. Preliminary Issues of the Joint Responsibility Regime Under the WTO Agreement; III. Introductory Case; 1. Case Brief: EC
Asbestos; 2. A Critical Assessment of EC
Asbestos; a. A Latent Message of EC
Asbestos and Some Methodological Issues; b. The Missing Passive Legitimation Proceedings of the EU at the EC
Asbestos; c. The Relevance of the Division of Powers for the DSP; d. The Causal Link Between the Disputed Measure and EU Legislation; e. Justification of the Contested Measure from the EU
F. Findings on the Contested Measure and Its Consequencesg. Theoretical Implications of the Membership of the EU and Its Member States in the WTO: The `Formal-Substantive ́Gap; h. From Answerability to Liability; i. The Attribution of Liability and the Distribution of Burden for Violating WTO Disciplines; j. Complying with the DSB Rulings or Recommendations; IV. Concluding Remarks and the Structure of the Work; References; Chapter 2: Perspectives from the International Law of Responsibility on the Joint Responsibility Regime of the EU and Its Memb...; I. Introduction
II. Theoretical Aspects of the International Law of Responsibility1. General Insights on International Responsibility; 2. The Legal Definition and the Content of International Legal Responsibility; 3. The Nature of International Responsibility; III. International Responsibility According to legi generali; 1. The Internationally Wrongful Act and the Attribution of Conduct to States and International Organizations; 2. The Breach of International Obligations; 3. The Rules of Justification of the Internationally Wrongful Act
4. The Content and Implementation of the Regime of International ResponsibilityIV. General Rules of Joint Responsibility of States and International Organizations; 1. The Content of the Joint Responsibility Regime; 2. The Modes of Incurring Joint Responsibility; 3. The Sources of Joint Responsibility of International Organizations and Their Member States; a. Joint Responsibility for Acts Attributed to International Organizations; b. Joint Responsibility for Acts Attributed to Member States; i. Direct Participation of the Member State in the Internationally Wrongful Act
I. An Introduction to the Membership of the European Union and Its Member States in the WTOII. Preliminary Issues of the Joint Responsibility Regime Under the WTO Agreement; III. Introductory Case; 1. Case Brief: EC
Asbestos; 2. A Critical Assessment of EC
Asbestos; a. A Latent Message of EC
Asbestos and Some Methodological Issues; b. The Missing Passive Legitimation Proceedings of the EU at the EC
Asbestos; c. The Relevance of the Division of Powers for the DSP; d. The Causal Link Between the Disputed Measure and EU Legislation; e. Justification of the Contested Measure from the EU
F. Findings on the Contested Measure and Its Consequencesg. Theoretical Implications of the Membership of the EU and Its Member States in the WTO: The `Formal-Substantive ́Gap; h. From Answerability to Liability; i. The Attribution of Liability and the Distribution of Burden for Violating WTO Disciplines; j. Complying with the DSB Rulings or Recommendations; IV. Concluding Remarks and the Structure of the Work; References; Chapter 2: Perspectives from the International Law of Responsibility on the Joint Responsibility Regime of the EU and Its Memb...; I. Introduction
II. Theoretical Aspects of the International Law of Responsibility1. General Insights on International Responsibility; 2. The Legal Definition and the Content of International Legal Responsibility; 3. The Nature of International Responsibility; III. International Responsibility According to legi generali; 1. The Internationally Wrongful Act and the Attribution of Conduct to States and International Organizations; 2. The Breach of International Obligations; 3. The Rules of Justification of the Internationally Wrongful Act
4. The Content and Implementation of the Regime of International ResponsibilityIV. General Rules of Joint Responsibility of States and International Organizations; 1. The Content of the Joint Responsibility Regime; 2. The Modes of Incurring Joint Responsibility; 3. The Sources of Joint Responsibility of International Organizations and Their Member States; a. Joint Responsibility for Acts Attributed to International Organizations; b. Joint Responsibility for Acts Attributed to Member States; i. Direct Participation of the Member State in the Internationally Wrongful Act