| Preface |
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xii | |
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xiii | |
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Table of cases and opinions |
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xiv | |
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Table of legislation and official documents |
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xxx | |
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PART I INTRODUCTION AND BACKGROUND |
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1 | (29) |
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1 | (5) |
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II The passing-on problem: A set of factual circumstances ... |
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6 | (5) |
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III ... Triggering a set of legal problems |
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11 | (12) |
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IV What situations are passing-on situations? |
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23 | (7) |
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30 | (16) |
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I Introducing the acronyms |
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30 | (3) |
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33 | (3) |
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36 | (5) |
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41 | (3) |
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V The need for coordination |
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44 | (2) |
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C Purpose and Approach of the Book |
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46 | |
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46 | (1) |
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II Contexts and perspectives |
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47 | (7) |
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III Structure of the presentation |
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54 | |
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2 Effective Judicial Protection In Eu Law |
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1 | (9) |
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B The Right To An Effective Remedy |
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10 | (20) |
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I Effective remedies in EU law and national law |
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10 | (13) |
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II What qualities make remedies `effective'? |
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23 | (5) |
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III Equal remedies before national courts |
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28 | (2) |
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C Article 47 of the Eu Charter |
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30 | (3) |
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I Introducing the EU law right of access to court |
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33 | (5) |
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II Permissible limitations under Article 52(1) of the Charter |
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38 | (14) |
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D The Principles of Equivalence and Effectiveness |
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52 | |
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I Scope of application of the principles of equivalence and effectiveness |
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53 | (8) |
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II The principle of equivalence |
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61 | (7) |
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III The principle of effectiveness |
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68 | |
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PART II PASSING-ON IN ACTIONS AGAINST THE EU |
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3 Passing-On In Damages From the Eu |
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1 | (5) |
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B Introduction To Article 340(2) Tfeu |
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6 | (17) |
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C Access To Claim Damages Under Article 340(2) Tfeu |
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23 | (18) |
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I General observations on access |
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23 | (9) |
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32 | (9) |
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D Substantive Proximity Under Article 340(2) Tfeu |
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41 | (29) |
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I General observations on causation |
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43 | (18) |
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II Causation and passing-on |
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61 | (9) |
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E Estimation of Damages Under Article 340(2) Tfeu |
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70 | (42) |
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I General observations on the estimation of damages |
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71 | (13) |
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II The defence of passing-on in case law |
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84 | (15) |
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III Analysis of the case law |
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99 | (13) |
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F Conclusions and Suggestions |
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112 | |
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4 Passing-On In Other Actions Against the EU? |
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1 | (5) |
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B The Action for Restitution of Sums Unduly Levied |
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6 | (10) |
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I General observations on the action |
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6 | (7) |
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II Passing-on in restitution pursuant to fine reductions? |
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13 | (3) |
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C The Action of Unjust Enrichment |
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16 | (9) |
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I General observations on the action |
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16 | (8) |
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II Passing-on in unjust enrichment actions? |
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24 | (1) |
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D Passing-On Issues In Restitution From the Eu |
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25 | (12) |
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I Access issues for Gamma claimants |
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26 | (2) |
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II Substantive proximity issues for Gamma claimants |
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28 | (4) |
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III The defence of passing-on |
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32 | (5) |
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E Conclusions and Suggestions |
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37 | |
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PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE |
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5 Passing-On In Restitution From A Member State |
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1 | (6) |
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B Introduction To Restitution From A Member State |
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7 | (8) |
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C Access To Claim Restitution From A Member State |
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15 | (36) |
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I General observations on access |
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15 | (13) |
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28 | (23) |
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D Substantive Proximity In Restitution From A Member State |
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51 | (11) |
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I General observations on substantive proximity |
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52 | (4) |
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II Substantive proximity and passing-on |
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56 | (6) |
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E Estimating Restitution From A Member State |
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62 | (120) |
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I General observations on the estimation of restitution |
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64 | (10) |
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II The defence of passing-on |
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74 | (90) |
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III A defence of unjust enrichment? |
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164 | (15) |
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IV Estimating restitution in Gamma actions |
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179 | (3) |
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F Conclusions and Suggestions |
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182 | |
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6 Passing-On In Damages From A Member State? |
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1 | (3) |
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B Introduction To Damages From A Member State |
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4 | (21) |
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C Passing-On Issues In Damages From A Member State |
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25 | (69) |
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I Access issues for Gamma claimants |
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26 | (26) |
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II Substantive proximity issues for Gamma claimants |
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52 | (28) |
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III The defence of passing-on |
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80 | (14) |
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D Conclusions and Suggestions |
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94 | |
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PART IV PASSING-ON IN HORIZONTAL ACTIONS |
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7 Passing-On In Competition Damages |
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1 | (9) |
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B Introduction To Competition Damages |
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10 | (41) |
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10 | (29) |
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II The new harmonized regime |
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39 | (12) |
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C Access To Claim Competition Damages |
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51 | (78) |
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I General observations on access |
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53 | (14) |
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67 | (54) |
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III Access for other remote claimants |
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121 | (8) |
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D Substantive Proximity In Eu Competition Damages |
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129 | (25) |
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I General observations on causation |
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130 | (17) |
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II Causation and passing-on |
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147 | (7) |
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E Estimating Competition Damages |
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154 | (101) |
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I General observations on the estimation of damages |
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155 | (14) |
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II The defence of passing-on |
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169 | (86) |
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F Conclusions and Suggestions |
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255 | |
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8 Passing-On In Other Horizontal Actions? |
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1 | (3) |
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B Passing-On In Other Damages From A Private Individual? |
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4 | (29) |
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I Is other horizontal damages liability possible? |
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4 | (16) |
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II Passing-on issues in other horizontal damages actions |
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20 | (13) |
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C Passing-On In Restitution From A Private Individual? |
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33 | (26) |
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I Is horizontal restitutionary liability possible? |
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33 | (8) |
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II Passing-on issues in horizontal EU law restitution |
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41 | (18) |
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D Conclusions and Suggestions |
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59 | |
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PART V PERSPECTIVES AND CONCLUSIONS |
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9 Comparison and Analysis |
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1 | (2) |
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B Access To Court For Gamma Claimants: Summary |
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3 | (6) |
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C Substantive Proximity Problems For Gamma Claimants: Summary |
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9 | (4) |
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D The Defence Of Passing-On: Summary |
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13 | (6) |
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E Coordination, Deterrence, and the Passing-On Problem |
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19 | (38) |
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I Coordinating in the interest of reparation |
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21 | (21) |
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II Safeguarding the interest of deterrence |
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42 | (15) |
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F Conclusions and Suggestions |
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57 | (374) |
| Index |
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431 | |