bluuebunny/crossref_metadata_2025_split huggingface dataset:
BGH, Urteil vom 26.3.1991 — Zur Erstattungsfähigkeit Frustierter Aufwendungen im Rahmen Eines Schadensersatzanspruches Wegen Nichterfüllung bei Einem Ursprünglich Schwebend Unwirk
Authors: Schobel Thomas , Beamonte José Ramón de Verda y 
Published: April 2022

The BGH based its ruling on the following facts: the plaintiff bought land from the defendant in a notary contract dating 10/07/1992. The defendant was represented by an agent without power of agency, who previously had bought the piece of land from a third party in the name of the defendant, but also without power of authority, in contract dating 15/04/1992. Then the defendant approved the sales contract with the plaintiff; he did, however, not approve the previous transaction. As a result, he could not transfer property in the land to the plaintiff. The latter incurred expenses for the notary and the Court in the course of concluding the contract. In addition, he had to consult a lawyer in order to ask for legal advice concerning the non-performance of the sales contract. The first Court ruled in his favour, the Court of Appeal reversed the decision. The plaintiff's appeal at the BGH proved successful: the buyer can ask for compensation for expenses incurred that are rendered futile by the seller's non-performance of the contract if these expenses would have resulted in a counter-value in the case of performance, a condition which is governed by a — rebuttable — presumption (‘presumption of profitability’).
In another case (BGH NJW 1993, 2527), the BGH held that this presumption, in relation to a pending transaction, was rebutted since expenses were incurred despite the fact that the other party was entitled to terminate the contract. The present case is, however, different in that the transaction ceased to be pending as soon as the contract was approved of. Only then did the defendant refuse to perform for reasons outside the parties' relationship. In the following case notes, the authors will analyse this decision from the Austrian and Spanish point of view.
BGH, Urteil vom 22.12.1999 — Zur “Ablieferung” der Kaufsache beim Kauf von Standard-Software
Authors: Böhler Elisabeth 
Published: April 2022

Delivery of the goods in a sale of standard software. The decision of the German Federal Supreme Court was based on the following set of facts:
On 15.7.1991the claimant delivered a payroll programme that it had developed to the defendant for a price of 200,000 DM (= ca. 100,000 euro), payable in four instalments. The programme was first capable of being called up on the defendant's data processing equipment in August 1991 and, after debugging by the claimant, the programme was capable of running in a limited way on the defendant's equipment from 22 October 1991. In the meantime the defendant paid the claimant the first instalment. In a letter of 11 December 1991 the defendant complained about further bugs in the programme and sought their correction. The claimant brought proceedings for the payment of the remainder of the sale price in an amount of ca. 150,000, — euro plus interest. The defendant claimed rescission of the contract and in a counterclaim sought restitution of the first instalment, plus interest, and the return of the payroll programme.
The Landgericht found for the claimant and rejected the counterclaim. Appeals to the Court of Appeal and the Supreme Court were fruitless. The Supreme Court explained in its decision that §§ 433, 359 ff BGB and § 377 HGB were to be applied, at least by analogy. As in other sale cases, in the case of a sale of standard software the goods were “delivered”, in the absence of agreement to the contrary, when they were placed by the seller — with the intention of performing the contract — within the sphere of power of the purchaser in such a way that the latter could examine them for the existence of faults. In the absence of any appropriate legal ground, for which there was also no sufficient need, and contrary to other opinions expressed in the legal literature on the question of “delivery”, the matter was not to be assessed by reference to whether a largely trouble-free trial run of the programme had been carried out, nor was it decisive whether the software had appeared to be bug free in a detailed test phase carried out while it was still with the claimant. Thus the software was delivered on 15 July 1991. The fact that some online-help functions were still unavailable did not affect this conclusion, since their absence influenced the usability of the programme and made the software faulty. At the end of the debugging process it was agreed between the parties on 22 October 1991 that the programme was — even though to a limited extent — capable of running and it was up to the defendant, according to § 377 HGB to check the goods again and to complain about faults without delay. Its complaints of 11 December 1991 did not however satisfy this requirement.
The following author examines the judgment from the point of view of Austrian law.
The Concept of Coherence in the Treaty on European Union and the Common Foreign and Security Policy
Authors: Tietje Christian 
Published: April 2022

‘Law as integrity, then, requires a judge to test his interpretation of any part of the great network of political structures and decisions of his community by asking whether it could form part of a coherent theory justifying the network as a whole.’
(R. Dworkin, Law’s Empire, 1986, 245)
Judicial Review of UN Sanctions by the Court of First Instance
Authors: Lavranos Nikos 
Published: April 2022

With its judgments in the Yusuf, Kadi and Ayad-cases, the CFI reaffirmed that UN Security Council Resolutions enjoy supremacy over all EC law and are therefore not reviewable &ndash; except if jus cogens is violated. However, as a sort of compensation the CFI has created on the basis of the Guidelines of the Sanctions Committee an obligation for the Member States to treat requests for delisting properly and expeditiously, while individuals derive a right from those Guidelines to request from the state a proper handling of the delisting request.
With its Bosphorus judgment, the ECrtHR certified this lack of judicial review before the European courts by refusing to review EC law unless the fundamental rights protection within the EC is ‘manifestly deficient’. Thus, there is no effective judicial review against UN sanctions before the ECJ/CFI and ECrtHR available. Consequently, national courts are required to fill up this lacuna by providing judicial review as a last resort. The German Constitutional Court illustrated with its European Arrest Warrant judgment that it is able and willing to take up this responsibility.
Normative Power Europe and the Problem of a Legitimacy Deficit: An Israeli Perspective
Authors: Harpaz Guy 
Published: April 2022

European integration constitutes an ambitious attempt on the part of numerous nations to be integrated peacefully under a separate and superior legal order. Now the EU wishes to export its successful campaign to other parts of the world, promoting extraterritorial ?Europeanization?. The EU has acted in that regard as a civilian, normative power, relying on soft-power instruments. The achievements of the EU on this front have, however, been modest.
This article proposes to analyse this theme by focusing on the EU?s legitimacy deficit in the eyes of non-Europeans. An attempt is made to offer an analysis of this cause, presented through an Israeli prism. The negative Israeli narrative regarding the EU, exposed in this article, adversely affects the legitimacy of the EU in Israel, thereby making it very difficult for it to position itself as a normative power. The EU should therefore search for effective instruments that can improve its credibility and legitimacy in the eyes of Israelis.
The Emergence of a Strategic Culture within the Common Security and Defence Policy
Authors: Biava Alessia 
Published: April 2022

The present article argues that a strategic culture is rising at the moment within the Common Security and Defence Policy (CSDP) and provides empirical evidence of its emergence. This research thus applies an original and multilevel analytical framework to the CSDP, based on the operational level, related to the study of the European Union (EU) field interventions, on the top-down institutional level, focused on the analysis of institutional documents and CSDP exercises, and on the bottom-up institutional level, concentrated on the socialization process among the political actors involved in the CSDP in the framework of the Political and Security Committee, taken as a case study. The present article shows that elements of an emergent strategic culture within the CSDP can be found among those that are consistent to these three levels of analysis.
By using an innovative and structured research method backed up by empirical findings, this article aims at deepening the still restricted debate on the nature of the EU strategic culture.
Beyond A Trade Agenda: EUs Interregional Approach towards East Asia
Authors: Zhou Weifeng 
Published: April 2022

Through the launching of ASEM, the EU sought to strengthen interregional cooperation and dialogue with East Asia on economic, political and cultural pillars. This paper aims to explore the driving forces of the EU's interregional approach towards East Asia and shed some light on the importance of ASEM in a European perspective. We argue that, firstly, EU seeks to enhance its interregional relation with emerging Asia in order to protect and advance Europe's commercial interests. European business has been given a privileged role to influence the ASEM process for ensuring market access to the dynamic Asian markets. Secondly, the EU seeks to set a normative agenda through the ASEM to promote the human rights and democracy in the Asian region. Exporting European values and norms to its Asian counterparts will not only strengthen Europe's profile as a normative power, but will also further expand its influence as a global actor. Thirdly, the EU tends to enhance its interregional relation with emerging Asia to foster a multipolar world order, countering unilateralism of Washington and future hegemonic power, and to maintain and establish an effective multilateral governance system. 'Europe can only play a leading role on the world stage if it is able to offer a robust political proposal for a more effective and democratic international architecture.' -Romano Prodi
Great Normative Power: The European and American Trade Approaches with Chile and Mexico
Authors: Janusch Holger , Behrens Maria 
Published: April 2022

In Europe, a lively scientific debate has emerged about the role of norms in the European foreign policy. One aspect of this debate is norms related to human rights, labour rights and environmental standards in European trade policy. In this article, the normative dimension of EU's trade policy will be analysed in comparison with the US by using the concept of normative power. By classifying the trade approaches of the EU and the United States, we question the hypothesis of Europe's normative power and ask whether the EU is a unique normative actor in world politics. In the second section, normative power will be defined in demarcation to concepts of great power, empire and hegemon. In the third section, this theoretical differentiation will be used for the empirical classification of the European and American trade approaches. First, the self-proclamation of the EU and the US related to human rights, labour standards and environmental standards in trade policy will be analysed. Then trade approaches of the EU and the US will be measured in accordance to their self-proclamation by analysing the trade policy in three dimensions: negotiations, agreements and implementation. The trade agreements of the EU and the US with Chile and Mexico serve here as case studies.
Engaging the US in the Age of Trump: The Case for a New European Strategic Discourse
Authors: Fjærtoft Torgeir E. 
Published: April 2022

While the prevailing perception of EU Member States of NATO is that cooperation with the US under President Trump has become close to impossible, there is still no alternative to engaging. International solutions of consequence will hardly be sustainable without the US. How can EU/NATO Member States and the EU engage effectively with the US on workable international solutions? Policy is applied analysis that inevitably infers from theory in response to the question: what works? Therefore, policy is an intervention, as therapy uses the term, and theories are cognitive tools. Policy and therapy are comparable because both work through discourse to effect change by cognitive restructuring. Therefore, psychological theories offer cognitive tools for designing a strategic discourse as policy intervention. A model for cognitive behavioural therapy and a theory on identity can innovate theory and make policy more effective. Current US political controversies mainly boil down to conflicting US identity stories. Foreign policy issues are an extension of competing domestic group identities and derived domestic issues. The domestic political process does not consider foreign policy issues on their own merit. As a result, current US foreign policy of unilateral confrontation causes some serious risks and costs to US interests. The states now seen as adversaries, such as Russia and Iran, have comparable identity stories that are in a similar way dysfunctional. Stories of confrontation bestow assets in a domestic power struggle while undermining international solutions. A new European strategic discourse should avoid identity stories but seek cognitive restructuring of grand strategies by proposing within the EU/Russian Permanent Partnership Council a comprehensive multilateral conference on the new regional political order in Syria and Iraq. This proposal can emulate the most successful cognitive restructuring of a grand strategy ever, the process led by Willy Brandt and Egon Bahr in West Germany in the 1960s and 1970s leading to the Conference on Security and Cooperation in Europe.
Broadening Soft Power in EU-US Relations
Authors: Van Langenhove Luk , Scott-Smith Giles , Schunz Simon 
Published: April 2022

This article introduces the research problem and questions guiding the special issue, situating them in the relevant academic context with references to the literature on soft power and its historical and contemporary relevance for the transatlantic relationship. Based on a reconceptualization of the notion of soft power in the context of ‘Transatlantica’, defined as the political and geographical space inhabited by the EU and the US, it provides an overview of the key insights of the research articles and synthesizes the findings emerging from the different policy domains studied in the special issue. It concludes by deriving the broader conceptual insights – in particular an expanded conception of soft power – as well as the normative, policy-relevant implications from these findings.
The Sub-state Dimension of the European Union Relations with China
Authors: Kamiñski Tomasz 
Published: April 2022

Regional governments across the world actively participate in international relations. They open trade and cultural missions abroad, join international networks of cooperation, and sign treaties and agreements with their partners from other countries. Relationships at regional and local levels have moderated rising tensions between states that might otherwise paralyse global governance. Fast growing networks of sub-state contacts in Sino-European affairs create new opportunities for the European Union (EU) to advance European interests, norms and values. Unfortunately, acknowledgement, by Brussels, of such potential political instruments is limited. The main goal of this article is to show how the EU could benefit from growing substate connections with China. This article begins with an explanation, based upon a survey conducted among regional authorities from the five EU Member States, of the phenomenon of fast-growing cooperation on the sub-state level between Europe and China (Germany, France, Italy, Poland, and Spain). Next, this study identifies, through interviews with the European External Action service (EEAS), the European Commission (EC) officials and the regional authorities, EU activities that promote collaborations on ‘the third level’ of its relations with China. The research concludes with suggestions of possible ways Europe could benefit from further development of sub-state contacts with China.
Envision, Not Argue: Innovating EU Policy After the Failures of Libya and Syria
Authors: Fjærtoft Torgeir E. 
Published: April 2022

The EU now needs to innovate policies towards the Middle East. The disastrous consequences of the military intervention in Libya are for all practical purposes a European mistake. The air campaign was originally a French initiative with Norway taking a lead role. By the perception of failure, it most likely caused inaction towards the regime in Syria. Only a concert of the regional states can create a new regional political order, and an innovative EU policy needs to engage these states for this purpose. A regional concert is the yet untried option in Western policy towards the Middle East. An effective EU diplomacy is to engage parties in envisioning an alternative regional political order by the analogy of European transformation from violent confrontation to pragmatic cooperation.
EU, Middle East, common security, strategy, discourse.
The EU–Turkey Migration Deal: Performance and Prospects
Authors: Dagi Dogachan 
Published: April 2022

This article discusses whether the EU–Turkey migration deal of 2016 is sustainable in the midst of divergent priorities and expectations of the parties, adverse results procured from the deal, and growing mutual distrust between the EU and Turkey. In so doing, first, it provides an overview on the background of Europe’s migration crisis of 2015–2016 and outlines the rationale behind and expectations from the deal. Secondly, the article critically reviews the performance of the deal to evaluate the extent to which it has met the expectations. It is explained that while Turkey has gained strategic leverage in its relations with the EU its government has to bear political costs at the home-front and shelve off its accession perspective. The EU, on the other hand, has managed to reduce the number of migrants using the Eastern Mediterranean route but has to endure constant threats of the Turkish government to withdraw from the deal and put up with its withering reputation as a normative power. Finally, by highlighting the expectation-outcome gap and the political cost the deal has induced to bear for both parties, this article demonstrates that the agreement has been circumstantial without a solid foundation, and any of the parties may opt-out once it regards the cost-benefit balance works unfavourably for them.
Migration, European Union, the EU–Turkey Migration Deal, Normative Power, Human Rights, Populism, European politics, Turkish Politics
The Evolving Role of the European External Action Service in Security and Defence
Authors: Csernatoni Raluca 
Published: April 2022

While significant scholarly work has been dedicated to the institutionalization of the European External Action Service (EEAS) and its role in shaping the European Union’s (EU) foreign policy goals, less attention has been given to the Service’s wider competencies and agenda-setting power in the case of the Common Security and Defence Policy. This article aims to assess the growing role of the EEAS in defence and in spearheading new ways of bridging foreign policy and security in a comprehensive manner. In doing so, the research explores how the security and defence dimensions were incorporated into the EEAS, by examining the processes of institutionalization in the EEAS crisis management structures in the post-Lisbon context, and by zooming in on the intergovernmental and supranational dynamics in the European security and defence architecture. The article finds that continued organizational innovation and the reinforcement of supranational mechanisms in the EEAS and the European Commission have had a positive impact on the EU’s security and defence, representing a step further in bridging the foreign policy, security and defence divides at the EU level.
European Union, European External Action Service, European Security and Defence, High Representative
The EEAS in Multilateral Fora: Impact on EU Coherence at the UN General Assembly
Authors: Gatti Mauro 
Published: April 2022

The European External Action Service (EEAS) should coordinate the Union external action and, thus, enhance coherence in the EU’s participation in multilateral fora. This article verifies the EEAS’ practical impact on EU voting cohesion and unity of representation in multilateral fora over its first ten years of existence, through an analysis of empirical data regarding the EU’s performance at the UN General Assembly. The data suggest that the EEAS has not had a significant impact on EU Member States’ voting cohesion. However, the EEAS has promoted unity in the EU’s international representation: indeed, EU delegations – which are part of the EEAS – have become the main Union representatives at the UN General Assembly and their representative role is unchallenged by EU institutions and Member States. Despite the persisting divisions in EU foreign policy, the EEAS is likely to ensure an effective Union representation in multilateral fora in the future.
EEAS, international institutions, international organisations, diplomacy, coherence, coordination, cooperation, representation, votes, statements
PESCO: A Force for Positive Integration in EU Defence
Authors: Blockmans Steven , Crosson Dylan Macchiarini 
Published: April 2022

Differentiation, or what some have called the ‘negative starting point’ of integration, has always been the norm in EU defence policy. Driven by both endogenous and exogenous (f)actors, political leaders in the European Council are nevertheless mindful of the need for Member States to cooperate in more structured ways to better protect their citizens against security threats. For this reason, a package of harmonizing measures has been developed with remarkable speed since 2016. Permanent Structured Cooperation (PESCO) is the most prominent innovation in this field. Given the high levels of politicization in defence it is perhaps surprising that PESCO has produced the most inclusive expression of enhanced cooperation, even if it is the most flexible of the differentiated integration mechanisms provided by the Treaties. This is largely the result of a German push for inclusivity, which prevailed over a French desire for a higher level of ambition. Monitored by the European External Action Service (EEAS) and the European Defence Agency (EDA) and increasingly driven by the Commission’s Directorate General for Defence Industry and Space (DG DEFIS), which manages the European Defence Fund (EDF), PESCO is a force that generates ‘positive integration’ by de-fragmenting the defence market in the European Union. This article builds on empirical research that maps the varied clusters of Member States lining up behind different types of defence capability development projects. It observes a process of coagulation across the microcosm of PESCO, coupled with formal expressions of differentiated integration, both vertically and horizontally, and offers explanations for these trends.
European Union, differentiated integration, defence, PESCO