| Acknowledgments |
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xi | |
| Introduction |
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1 | (1) |
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1 International Acknowledgment of the Importance of Housing |
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1 | (3) |
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2 Approach and Aims of the Book |
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4 | (2) |
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3 The Belgian and Flemish Right to Housing as Illustration |
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6 | (5) |
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PART I An Effective Right to Housing: Beyond Legal-Technical Issues |
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11 | (84) |
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1 Human Dignity: A Guiding Principle for a Stronger Right to Housing? |
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13 | (58) |
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1 Exploring the Content of Human Dignity and Its Use in a Human Rights Context |
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13 | (13) |
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A History of" the Concept |
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13 | (2) |
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B Human Dignity in a Human Rights Context |
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15 | (1) |
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1) First Function: A Foundation for Human Rights |
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15 | (2) |
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2) Second Function: A Value/Right to Protect and Guarantee |
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17 | (3) |
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C The Added Value and Pitfalls of Using Human Dignity |
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20 | (1) |
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1) As an Equivalent of" Decent or Adequate Housing |
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20 | (1) |
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2) As an Open-Ended Norm for Courts and Other Institutions |
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21 | (1) |
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a A Driving Force for Other Rights |
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21 | (1) |
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b The Other Side of the Coin: A Race to the Bottom? |
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21 | (2) |
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c Subjective vs. Objective Dignity |
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23 | (3) |
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26 | (32) |
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A Conceptualization in the Context of Social justice |
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27 | (1) |
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1) Autonomy and Wellbeing |
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27 | (4) |
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2) Connection to Capabilities? |
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31 | (2) |
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3) A Different Voice on Social Justice |
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33 | (2) |
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B Social Dignity in the Right to Housing |
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35 | (1) |
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36 | (1) |
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37 | (2) |
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3) Property as a Primary Concern |
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39 | (1) |
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a The Right to Housing as a Right to Property |
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39 | (2) |
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b Home Ownership as the Pinnacle of Autonomy |
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41 | (1) |
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1 The Benefits of Home Ownership in the Balance |
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41 | (5) |
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2 Justifying a Property-Driven Policymaking |
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46 | (1) |
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i (Perception of) Housing Security |
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46 | (2) |
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ii Consequences for the Rental Market |
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48 | (4) |
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4) Stigmatization on the Social Rental Market |
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52 | (1) |
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a Composition of the (Social) Rental Sector |
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52 | (3) |
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b Participation in Social Housing |
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55 | (2) |
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c Empowerment through Obligations |
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57 | (1) |
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58 | (13) |
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2 Socio-Legal Influences on the Effectiveness of the Right to Housing |
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71 | (24) |
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1 Legal Instrumentalism and Its Criticism |
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71 | (2) |
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2 A Socio-Legal Perspective |
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73 | (15) |
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A Law in the Books vs. Law in Action vs. Living Law |
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73 | (2) |
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B Equality and Dependency |
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75 | (1) |
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75 | (3) |
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2) Landlord Preferences and Discrimination |
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78 | (3) |
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C Semi-Autonomous Social Fields |
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81 | (3) |
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84 | (1) |
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1) Knowledge of Law - Quality of Legislation |
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84 | (2) |
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86 | (2) |
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88 | (7) |
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PART II European Jurisprudence |
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95 | (40) |
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3 The Impact of European Case Law on the Protection of (the Right to) Housing |
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97 | (38) |
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1 Access to European Courts |
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97 | (4) |
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A Burdens of Admissibility |
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97 | (3) |
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B Twelfth Additional Protocol to the ECHR |
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100 | (1) |
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2 Lessons from European Jurisprudence: Housing Rights Protection on Three Levels |
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101 | (16) |
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A Acknowledgment of the Right to Housing by the ECtHR |
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101 | (3) |
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B Housing Rights in EU (Case) Law |
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104 | (2) |
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C Shared Housing Rights Concerns |
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106 | (1) |
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1) Accommodation for Asylum Seekers |
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107 | (1) |
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2) The Loss of a Home: Protection against Evictions |
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108 | (4) |
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D The Right to Property: Strengthening and Weakening the Right to Housing at the Same Time |
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112 | (4) |
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116 | (1) |
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3 The Assessment of Housing Legislation and Policy through a Collective Complaint |
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117 | (12) |
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A Dependency on the Ratification of Article 31 RESC |
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117 | (3) |
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B Conditions and Benchmarks Set by the ECSR |
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120 | (3) |
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C The Value of a Decision by the ECSR |
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123 | (1) |
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123 | (2) |
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125 | (2) |
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3) With a Little Help from Your Friends: Empowering Socio-Economic Rights Case Law |
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127 | (2) |
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129 | (6) |
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PART III Strengthening Housing Rights Obligations on the Domestic Level |
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135 | (100) |
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4 From Obligation of Means to Obligation of Result? |
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137 | (22) |
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137 | (3) |
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137 | (2) |
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139 | (1) |
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2 Public International Law |
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140 | (2) |
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3 Differences between Both Approaches |
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142 | (2) |
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4 Impact on Economic, Social and Cultural Rights and the Right to Housing |
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144 | (5) |
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A Obligations of Result or Conduct? According to Private or International Law? |
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144 | (3) |
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147 | (2) |
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5 Towards Result-Oriented Obligations? |
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149 | (6) |
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A The Right to Housing as an Obligation of Result |
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149 | (4) |
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B A Result-Oriented Approach |
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153 | (2) |
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155 | (4) |
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5 Progressive Realization and Retrogressive Measures |
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159 | (39) |
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159 | (1) |
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2 The Concept of Progressive Realization under Scrutiny: From a Housing Rights Perspective |
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160 | (11) |
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A Progressiveness as a Flexibility Device |
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160 | (3) |
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B Flexibility Does Not Equal Freedom of Obligations |
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163 | (1) |
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163 | (2) |
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165 | (2) |
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167 | (3) |
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C Focus on Progressiveness |
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170 | (1) |
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3 Retrogressive Measures and Financial Constraints |
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171 | (21) |
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A Origins in International Human Rights Law |
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171 | (2) |
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B Justification of Retrogressive Measures in International Human Rights Law |
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173 | (1) |
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1) Presumption of Impermissibility |
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173 | (2) |
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2) More Leeway for Budgetary Concerns? |
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175 | (1) |
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3) Connection between Article 2(1) and 4 ICESCR |
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176 | (1) |
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4) Budgetary Concerns: The Position of the European Committee of Social Rights |
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177 | (1) |
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C The Application in Belgian Case Law |
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178 | (1) |
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1) A Broader Margin of Appreciation: No Presumption of Non-Retrogression |
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179 | (3) |
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2) Practical Problems: Establishing Retrogression |
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182 | (3) |
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3) A Different Application of the Principle: The Proportionality Test |
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185 | (3) |
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D Appropriateness of Retrogressive Measures |
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188 | (4) |
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192 | (6) |
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6 Towards Result-Oriented Obligations |
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198 | (37) |
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1 International Monitoring Techniques |
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199 | (5) |
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2 Enforceability of Progressive Realization |
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204 | (11) |
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204 | (4) |
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208 | (1) |
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1) Different Scopes of Reasonableness |
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208 | (3) |
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2) Reasonableness as Appropriateness |
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211 | (1) |
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211 | (1) |
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b Possible Criticism and Imperfections |
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212 | (3) |
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3 Combining Monitoring and Reasonableness |
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215 | (13) |
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A Overview of the Proposal |
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215 | (3) |
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B Requirements and Areas of Concern |
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218 | (1) |
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218 | (3) |
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2) Ex-Ante and Ex-Post Analysis: Practical Difficulties |
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221 | (5) |
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3) Enforceability of Progress |
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226 | (2) |
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228 | (7) |
| Conclusions |
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235 | (6) |
| Index |
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241 | |