Nobody is born a legitimate target
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This book is based on the idea that targeting decisions demand a four-step test, which can simply be described as follows: Know the framework. Know yourself. Know your opponent. Know the circumstances. This test is depicted by a decision-making funnel which begins with a relatively large number of questions requiring a considerable amount of time to answer, the number of questions and time needed to answer them then tapers away as the process proceeds. Whereas the first two steps (“Know the framework” and “Know yourself”) may be determined prior to actual involvement in an armed conflict and therefore without major time restraints, the last two steps (“Know the opponent” and “Know the circumstances”) require fast assessment. This funnel is similarly depicted by the number of questions raised in connection to the four steps and also in relation to the page count of the respective chapters dealing with the different steps. This book does not attempt to add new views or more detailed assessments, rather it seeks to find a way to apply existent laws and their interpretations in a coherent way to fit into the four-step test established by the author.
Das Verhältnis von EuGH und Investitionsschiedsgerichten auf der Grundlage von intra-EU BIT