Folgerungen aus dem Lissabonurteil des Bundesverfassungsgerichts

Das Lissabonurteil des deutschen Bundesverfassungsgerichts hat gro?e Aufmerksamkeit erzeugt, die keineswegs auf Deutschland beschr?nkt blieb. Der vorliegende Beitrag geht der Frage nach, ob die vom Bundesverfassungsgericht gezogenen Schlussfolgerungen auch die Rechtslage in ?sterreich tangieren. Insbesondere stellt sich die Frage, ob eine allf?llige Gesamt?nderung der Bundesverfassung durch den Vertrag von Lissabon neu zu diskutieren w?re. Schlie?lich behandelt der Beitrag auch die Frage, ob der Vertrag von Lissabon zwingend eine ?nderung der parlamentarischen Mitwirkungsrechte in ?sterreich erfordert.     

Terrorism in the federal republic of Germany and Italy: Legacy of the ‘68 movement or ‘burden of fascism’?

In Italy and in the German Federal Republic rebel movements occurred in political cultures where the burden of Fascism shapes patterns of perceptions and orientations. The movements are seen as particularly threatening and this elicits a very aggressive response. On the other hand, the movement in its turn interprets this response as a residue of the Fascist past or as a correspondingly aggressive manner. This configuration creates a special escalation dynamic. German and Italian Fascism differed fundamentally and that difference is also displayed in the struggles which began two decades after Fascism was destroyed.     

The analytical foundations of extortionate terrorism

Extortionate terrorism is the threatened use of terrorist acts to gain concessions from the victim. In this article, game theory is used to seek answers to the following questions: (a) When will people resort to extortionate terrorism? (b) When will extortionate terrorism succeed and when will it fail? (c) What constitutes an “optimal” threat, i.e., what bribes, extortion, ransom, or payoff should be asked in exchange for which hostages or property? (d) When should unsuccessful threats be carried out and when should they be abandoned? (e) How should a victim choose among potential responses to specific terrorist threats and to the general problem of terrorism? Two different game theoretic models of terrorism are examined— one using ordinal preferences, the other von Neumann‐Mor‐genstern utilities. Terrorism is considered not simply as isolated incidents; institutions are potential victims of repeated terrorism. The terrorist and the victim, in formulating a response to each incident, are guided not only by present gains and losses, but by the effect their response has on others’ perception of their credibility and resolve—two long‐run variables.     

The United Nations and the right to self‐determination: A response to Mahalingam's reply

France has had a long history of struggle with various forms of terrorism and over the past decade has achieved particular success against Algerian Islamic terrorist groups – the GIA and GSPC – with close links to Al-Qaeda. This article reviews France's experience of terrorism since the end of the Second World War and details the evolving state responses to these challenges and the sophisticated anti-terrorist apparatus that now serves the French state. It then considers the role of France in the post-11 September ‘war on terrorism’ and argues that France remains in the front-line of the struggle against Al-Qaeda and that the French experience has much to contribute to the international war against Islamic terrorism.     

Missing Reliance

Book reviewed in this article:
Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution     

An Election With No Losers: The 1994 Federal Elections in the New Germany

The German federal election in October 1994, just four years after German Unity, revealed that clear divisions between east and west Germany still exist. Whilst the PDS on the left of the political spectrum was supported by around one fifth of east German voters, the parties on the right gained negligible support in Germany as a whole. The federal German electoral system, based on a personalised sytem of PR, again played a key role; it is, however still too early in the development of the new Germany to speak of a single new party system.