Papers by Eva Maria Belser
Edward Elgar Publishing eBooks, Jan 3, 2023
Secessionist movements are on the rise globally . From political tensions to violence and civil w... more Secessionist movements are on the rise globally . From political tensions to violence and civil war, many of the numerous conflicts of our time are rooted in and can be explained by secessionist claims. Given the frequency and intensity of these struggles, it may seem paradoxical that the creation of new states by secession is regulated only sparsely and quite ambiguously in international law. This paradox can be explained by the very nature of international law, a law essentially defined by states, which have little interest in allowing regions or communities to question the territorial integrity of states. The sparsity and ambiguity of secession rules in international law should not be mistaken for an absence of regulation. By mentioning the principle of self-determination of peoples in its first article, the United Nations Charter seems to provide a powerful argument for secession. To this day, however, the bearing of this principle and especially its relation to the principle of territorial integrity remains unclear. Consequently, international law still has great difficulty defining the holder of the right, namely, the 'peoples', and distinguishing their right to external self-determination, namely, secession, from their right to internal self-determination within a state. Apart from international law, many states deal with self-determination matters in their national legal order. For the same reasons as stated above, constitutions rarely address self-determination in its external dimension; if they do, they mostly ban secession by insisting on the unity and indivisibility of the country and its territory. Numerous constitutions, however, address internal self-determination by granting autonomy -a limited right to self-determination -to one or several territories or communities. Further, some constitutional systems allow territories (e.g., districts or communes) under specific conditions to secede from one subnational unit (e.g., a state, province or canton) and join another unit or become a subnational unit of its own.
Cuadernos Manuel Giménez Abad, Jun 1, 2023
The fiscal equivalence trap-don't decide, don't payhow a principle of fiscal federalism motivates... more The fiscal equivalence trap-don't decide, don't payhow a principle of fiscal federalism motivates state inaction, Cuadernos Manuel Giménez Abad, Special Issue 9.
States Falling Apart?: secessionist and autonomy movements in Europe, 2015, ISBN 9783727259890, págs. 47-79, 2015
Regional & Federal Studies, 2017
European Review of Private Law
In this decision the 9th Civil Chamber of the German Federal Supreme Court changed its case law o... more In this decision the 9th Civil Chamber of the German Federal Supreme Court changed its case law on the validity of a standard form contract providing a universal guarantee, and followed the 'causation' line of case law of the 5th and 11th Civil Chambers. The judgment was based on the following set of facts: The plaintiff savings bank provided a property company, a Kommanditgesellschaft, with an overdraft. In 1984 the defendant, a shareholder in the company, agreed to become personal guarantor of the credit advanced to the property company under a standard form of agreement with no restrictions on the time period or amount of the guarantee. Under Condition 1(1) of the Conditions of Guarantee, the guarantee was 'to provide security for all existing and future claims of the savings bank against the principal debtor, including conditional and time limited claims, … which arise out of their business relationship (in particular out of overdraft, credit and loan facilities of a...
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses the structure of local government in Switzerland. The entry forms part of the LoGov Report on S...
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - L... more This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses the structure of local government in Switzerland. The entry forms part of the LoGov Report on S...
<strong>Dieser Titel kann als gedrucktes Buch über den</strong> interact Verlag<st... more <strong>Dieser Titel kann als gedrucktes Buch über den</strong> interact Verlag<strong> bezogen werden.</strong>
Jahrbuch des Föderalismus 2015, 2015
Concurrent Powers in Federal Systems
Jahrbuch des Föderalismus 2016
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Papers by Eva Maria Belser