Experimentation Clauses as an Element of Cross-Border Friendly-Legislation – The Franco-German Treaty of Aachen as a Model for Future Cross-Border Cooperation in Germany’s Border Areas?
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Experimentation Clauses as an Element of Cross-Border Friendly-Legislation – The Franco-German Treaty of Aachen as a Model for Future Cross-Border Cooperation in Germany’s Border Areas?
Müller, Rahel Alia | Frey, Michael
German Yearbook of International Law, Vol. 66(2023), Iss. 1 : pp. 379–396 | First published online: January 09, 2025
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Rahel Alia Müller, Kehl Institute for Applied Research, Kehl University of Public Administration ,
Michael Frey, Kehl Institute for Applied Research, Kehl University of Public Administration ,
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Rahel Alia Müller and Michael Frey\nExperimentation Clauses as an Element of Cross-Border Friendly-Legislation – The Franco-German Treaty of Aachen as a Model for Future Cross-Border Cooperation in Germany’s Border Areas? | 379 | ||
| I. Introduction | 379 | ||
| II. Overview of Regulatory Instruments in the Environment of Experimentation Clauses | 380 | ||
| III. Legal Framework of Experimentation Clauses at the Level of International Treaty Law | 384 | ||
| A. On the Necessity of Experimental Clauses at the Level of International Treaty Law | 384 | ||
| 1. Lack of Necessity Due to Lack of Legal Added Value | 385 | ||
| 2. Lack of Necessity Due to Contradiction with the National Legal Order | 385 | ||
| 3. Compatibility of International Treaty Experimentation Clauses with Fundamental Rights | 388 | ||
| 4. Procedural Necessity | 389 | ||
| 5. Liability of the Realised Deviation | 389 | ||
| 6. Evaluation of the Concrete Experimental Clause of the Treaty of Aachen and Conclusions for Further Experimental Clauses on the Level of International Treaty Law | 390 | ||
| 7. Interim Result | 390 | ||
| B. The Duty to Act in a Manner that is Friendly to International Law as a Solution Approach for Sub-Legal Norms | 391 | ||
| C. Requirements for an Optimally Designed Experimentation Clause at the Level of International Treaty Law | 391 | ||
| D. Alternative to Experimental Clauses Under International Treaty Law: Experimental Clauses at the Level of Simple National Law | 392 | ||
| E. Excursus: Cross-Border Experimentation Clauses from a French Perspective | 393 | ||
| F. Interim Conclusion | 394 | ||
| IV. Conclusion | 395 |