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State Intervention and Principle of Proportionality

2021
The main theories of state intervention and the Principles of Proportionality and Subsidiarity are critically appraised in this chapter. Neofunctionalism, intergovernmentalism and postfunctionalism are the three theories of state intervention discussed, followed by an overview of the nature of state intervention in planned and free market economies ...
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The Proportionality Principle in the TRIPS Agreement [PDF]

open access: possible, 2016
This paper analyses whether the TRIPS Agreement contains a proportionality principle, what content it might have and how such a principle could affect the debate about intellectual property rights on an international level. It first briefly explains the conflicting interpretations of the Agreement as a framework in which the proportionality principle ...
openaire   +1 more source

The Principle of Proportionality:

European Procurement & Public Private Partnership Law Review, 2022
C. Risvig Hamer
semanticscholar   +1 more source

Modelling the Principle of Proportionality (German)

SSRN Electronic Journal, 2011
The novel part of this paper is a model of the principle of proportionality, as the cornerstone of the doctrine of fundamental rights. German law, and with some modifications also the law of the European Community and the European Convention on Human Rights, do not categorically outlaw interventions into fundamental freedoms and human rights (as, in ...
openaire   +2 more sources

The Principles-Theory Variant of Proportionality

2018
This chapter tackles issues surrounding the meaning of proportionality. It advances what the principles-theory variant of the test is and how the Supreme Federal Court of Brazil (STF) has made use of this variant propounded by Alexy. Accordingly, Sect.
João Andrade Neto, João Andrade Neto
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The Principle of Proportionality

The American Journal of Comparative Law, 1978
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The Principle of Proportionality in International Law: Foundations and Variations

, 2017
T. Cottier   +4 more
semanticscholar   +1 more source

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