Law

Isabella Friederike Gilles examines the capacity of the Federal Republic of Germany's democracy to defend itself against anti-democratic tendencies. The liberal democratic order can be defended by forfeiting fundamental rights and banning parties and associations, but in order to save it, legal means are needed as well as broad public consent.

The European Grouping of Territorial Cooperation (EGTC) creates functional multi-level governance areas by connecting regions across borders. However, diverging legal and administrative systems in the Member States remain an obstacle. The future of European integration must therefore be conceived from the perspective of border regions.

While damages are still primarily attributed a compensatory function in German law, prevention and effective law enforcement are also increasingly recognised as legitimate purposes of tort law in more and more areas. This volume retraces these developments and looks to the future.

Alexander Archner's study begins with a thorough analysis of the history of arbitration award scrutiny and its present application by various arbitral institutions. This analysis is then used to assess the legitimacy of this control in its various forms and to explore the question of the purpose of the scrutiny.