Martinus Nijhoff Online

 International Human Rights Monitoring Mechanisms: Essays in Honour of Jakob Th. Möller, 2nd Revised edition

Contents

• • Preliminary Material (i-xvi)   (158K)
    • Jump to section:
    • Table Of Contents
    • Preface To The First Edition
    • Preface To The Second Edition
  • Human Rights In The 21st Century (1-8) by Bertie G. Ramcharan   (109K)
    • Jump to section:
    • Introduction
    • The Transition From The 20th To The 21st Century
    • The Human Rights Treaties
    • Evolving Problems, New Threats And Challenges
    • Preventive Human Rights Strategies: The Case For A Comprehensive Global Watch
    • The Responsibility To Protect
    • Conclusion
  • The United Nations' Human Rights Machinery: Developments And Challenges (9-16) by Petter F. Wille   (109K)
    • Jump to section:
    • Introduction
    • The Secretariat
    • The Treaty System
    • The Commission On Human Rights/The Human Rights Council
    • Challenges
    • Looking Ahead
  • State Reports (17-24) by Morten Kjærum   (113K)
    • Jump to section:
    • Introduction
    • The Legal Framework For State Reports
    • Content Of Reports
    • The Examination
    • The Involvement Of National Human Rights Institutions And Ngos
    • The Reform Process
  • Follow-Up Activities By Un Human Rights Treaty Bodies And Special Procedures Mechanisms Of The Human Rights Council – Recent Developments (25-34) by Markus Schmidt   (128K)
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    • Follow-Up To Decisions On Individual Communications
    • Overview Of Follow-Up Replies
    • Follow-Up To Concluding Observations Of Treaty Bodies
    • Modus Operandi Of Procedures For Follow-Up To Concluding Observations
    • Overview Of The Effectiveness Of The New Follow-Up Procedure
    • Follow-Up Activities By Special Procedures Of The Human Rights Council
    • Conclusion
  • Petitions Before The United Nations Treaty Bodies: Focus On The Human Rights Committee'S Optional Protocol Procedure (35-76) by Alfred De Zayas   (315K)
    • Jump to section:
    • Procedure On Admissibility
  • The Human Rights Committee'S Jurisprudence Under Article 26 Of The Iccpr: The Hidden Revolution (77-82) by Carla Edelenbos   (103K)
  • The Petition System Under Icerd: An Unfulfilled Promise (83-90) by Theo Van Boven   (118K)
    • Jump to section:
    • Introduction
    • Origins Of Article 14
    • Some Significant Aspects Of Article 14
    • The Disappointing Statistical Record Of Article 14
    • The Committee’S Attitude On Article 14
    • Article 14 In Operation
    • Final Remarks
  • Cedaw And The Optional Protocol: First Experiences (91-98) by Cees Flinterman and Ginney Liu   (112K)
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    • Introduction
    • Background
    • Procedures
    • Challenges
  • Cat And Articles 20 And 22 (99-108) by Bent Sørensen   (113K)
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    • The Convention
    • The Committee
    • Conditions For Receiving Complaints
    • The Committee’S Handling Of Complaints
    • Status Of Communication
    • Discussion
    • Literature
  • Monitoring The Crc (109-116) by Lucy Smith   (115K)
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    • The Committee Of The Rights Of The Child
  • A Brief Look At The International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families (117-132) by M. Arthur Robinson Diakité   (153K)
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    • Introduction
    • The Main Features Of The Convention
    • Scope And Definitions
    • Non-Discrimination With Respect To Rights
    • Human Rights Of All Migrant Workers And Members Of Their Families
    • Other Rights Of Migrant Workers And Members Of Their Families Who Are Documented Or In A Regular Situation
    • Provisions Applicable To Particular Categories Of Migrant Workers And Members Of Their Families
    • Promotion Of Sound, Equitable, Humane And Lawful Conditions In Connection With International Migration Of Workers And Members Of Their Families
    • Application Of The Convention
    • General Provisions
    • Final Provisions
    • The Procedures Of The Committee On Migrant Workers
    • Challenges And Strengths Of The Migrant Worker Convention
  • Negotiating The Monitoring Mechanism For The Convention On The Rights Of Persons With Disabilities: Two Steps Forward, One Step Back (133-148) by Anna Bruce   (167K)
    • Jump to section:
    • Introduction
    • International Monitoring In Crpd
    • National Monitoring In Crpd
    • Conclusions
  • Five Years Of Working In The Un Commission On Human Rights: Some Reflections For The Future Work Of The Un Human Rights Council (149-164) by Ulrika Sundberg   (159K)
    • Jump to section:
    • Introduction
    • The Idea Of Universality According To The Universal Declaration Of Human Rights
    • The Limited Competence Of The Commission On Human Rights
    • The Indivisibility Of Human Rights
    • Regional Actors In The Commission
    • The Loss Of The Us’S Leadership Role In The Commission
    • Conclusions
    • The Need To Truly Universalise Human Rights
    • The Issue Of Selectivity
    • The Need For International Protection Of All Human Rights
    • The Search For An Effective Enforcement Mechanism Of Human Rights
  • The Establishment Of The Un Human Rights Council (165-168) by Jan Eliasson   (72K)
  • What Effect If Any Will The Un Human Rights Council Have On Special Procedures? (169-184) by Lyal S. Sunga   (152K)
    • Jump to section:
    • Introduction
    • The Life And Times Of Special Procedures Under The Un Commission On Human Rights
    • How Does The Un Human Rights Council Differ From The Un Commission On Human Rights?
    • What Effect, If Any, Will The Un Human Rights Council Have On Special Procedures?
  • Institutional Re-Engineering For Effective Human Rights Monitoring: Proposals For The Unfinished Business Under The "New" Human Rights Council (185-190) by Ibrahim Salama   (103K)
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    • Introduction
    • Obstacles To Enhanced Human Rights Protection Under The Hrc
    • Potential Added Value Of The Human Rights Council
    • Universal Periodic Review As A Mechanism For Global Scrutiny Of The State Of Human Rights Worldwide
    • Suggested Framework And Criteria For The Admissibility, Consideration And Adoption Of Country Specific Resolutions
    • The New Expert Advice System As A “Thematic Protection” Mechanism
    • The Proposed Multi-Task Human Rights Consultative Committee
    • The Alternative Of A Single Unified ”Committee Of Experts”
  • Urgent Action (191-196) by Sir Nigel Rodley   (96K)
  • The Office Of Un High Commissioner For Human Rights (197-204) by Bertie G. Ramcharan   (106K)
    • Jump to section:
    • Introduction
    • The Mandate Of The High Commissioner
    • The Office Of High Commissioner
    • Policy Orientations Of The Office Since Its Establishment
    • Intellectual Leadership Of The High Commissioner
    • The Moral Leadership Of The High Commissioner
    • Human Rights Diplomacy Of The High Commissioner
    • Support For The Human Rights Treaty Bodies
    • Conclusion
  • Human Rights Field Operations (205-218) by Michael O'Flaherty   (144K)
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    • Introduction
    • Historical Review
    • The Functions Of Human Rights Field Operations
    • Conclusion
  • The United Nations Programme Of Technical Cooperation In The Field Of Human Rights (219-230) by Craig G. Mokhiber   (133K)
    • Jump to section:
    • Introduction
    • Programme Approach And Objectives
    • Mandate And Evolution Of The Programme
    • Programme Methodology
    • Trends In Technical Cooperation
  • Mainstreaming Human Rights In The United Nations (231-238) by Zdzislaw Kedzia   (112K)
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    • The Origin And Articulation Of The Concept
    • Mainstreaming In The Area Of Peace And Security
    • Mainstreaming In The Area Of Development
    • Evaluation
  • The Security Council And Human Rights (239-248) by Jan Klabbers   (115K)
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    • I
    • II
    • III
    • IV
  • The International Court Of Justice – Monitoring Human Rights (249-262) by Jonas Grimheden   (155K)
    • Jump to section:
    • Introduction
    • Jurisprudence
    • Conclusions
  • International Criminal Adjudication Bodies: To What Extent Can They Promote Human Rights Effectively In Post-Conflict Situations? (263-274) by Ilaria Bottigliero   (151K)
    • Jump to section:
    • Introduction
    • International And Internationalised Courts And Tribunals: Are They Worth The Effort?
    • Establishing A Genuine Connection With The People: Comparing The Icty And Ictr With The Special Court For Sierra Leone
    • Justice Delayed: The Khmer Rouge Tribunal
    • Striking A Difficult Balance Between Peace And Justice: The Icc
    • Conclusions
  • The International Criminal Tribunals (275-284) by William A. Schabas   (131K)
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    • A Rights-Based Approach To Accountability
    • Comparing The International Tribunals
  • The Normative Impact Of Human Rights On Programming In The Undp (285-290) by Patrick Van Weerelt and Zanofer Ismalebbe   (103K)
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    • Human Rights And Development (1997–2002)
    • Human Rights In Development (2002–2005)
    • The Human Rights-Based Approach To Development Programming (2005– …)
  • The International Labour Organization And Human Rights: Access To The Ilo (291-300) by Lee Swepston   (134K)
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    • History And Structure Of The International Labour Organization
    • The Supervision Of Ilo Standards
    • Ngo Access To Ilo Procedures
    • Future Prospects For Increased Access
  • Role Of Unesco In Human Rights Implementation (301-306) by Bhaswati Mukherjee   (85K)
    • Jump to section:
    • Introduction
    • The Role Of Unesco In Standard Setting
    • Unesco’S Communication Procedure
    • The Good Offices Of The Director General
    • The Role Of The Committee On Conventions And Recommendations In Human Rights Implementation In Unesco: The Confidential Complaints Procedure
    • The Committee On Conventions And Recommendations At Work
    • Some Reflections On The Future Of This Mechanism
    • The Way Forward
  • The World Bank Inspection Panel (307-312) by Laurence Boisson De Chazournes   (110K)
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    • Public Participation, The World Bank Inspection Panel And The International Decision-Making Process
    • The Panel: A Sui Generis Dispute Settlement Procedure
    • Lodging A Complaint With The Panel
    • Conclusion: Specific Features Of The Panel Procedure And Subsequent Practice
  • Monitoring The Human Right To Adequate Food At Country Level (313-324) by Maarten Immink and Margret Vidar   (140K)
    • Jump to section:
    • Introduction
    • Roots Of Right To Food Monitoring
    • Right To Food Monitoring
    • Conclusions
  • The Role Of Unhcr In The Monitoring And Implementation Of Human Rights Standards For Refugees And Other Persons Of Concern (325-346) by Christoph Bierwirth   (201K)
    • Jump to section:
    • Introduction
    • Human Rights Monitoring As A Tool For Unhcr In The Exercise Of Its International Protection Function
    • Addressing Protection Gaps And Contributing To The Implementation Of Human Rights
  • Human Rights Education (347-354) by Anette Faye Jacobsen   (102K)
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    • Human Rights Education In International Instruments
    • Major Political Initiatives For Human Rights Education
    • Goals, Target Groups And Approaches
    • Methods And Materials
    • References
  • United Nations Permanent Forum On Indigenous Issues: A Multifaceted Approach To Human Rights Monitoring (355-368) by Elsa Stamatopoulou   (147K)
    • Jump to section:
    • Introduction
    • History Of Indigenous Issues At The International Level Which Led To The Creation Of The Un Permanent Forum On Indigenous Issues
    • Creation Of The Permanent Forum On Indigenous Issues And Its Human Rights Mandate And Practice
    • Conclusion: Challenges And Opportunities For The Permanent Forum On Indigenous Issues’ Work On Human Rights
  • Minorities At The United Nations (369-374) by Asbjørn Eide   (103K)
    • Jump to section:
    • Introduction
    • The Declaration On The Rights Of Persons Belonging To National Or Ethnic, Religious And Linguistic Minorities
    • The Working Group On Minorities
    • The Independent Expert On Minority Issues
    • The Special Advisor On The Prevention Of Genocide
    • The Future Of Minority Protection At The United Nations
  • Monitoring The Rights Of The Internally Displaced (375-384) by Maria Stavropoulou   (125K)
    • Jump to section:
    • Introduction
    • The Guiding Principles
    • Monitoring By The Representative On The Human Rights Of Internally Displaced Persons
    • Monitoring By Other Un Human Rights Mechanisms
    • Monitoring By Un Agencies
    • Monitoring By Regional And National Human Rights Bodies And Nongovernmental Organisations, And Conclusion
  • Voluntary Reporting: The Global Compact (385-398) by Radu Mares   (147K)
    • Jump to section:
    • Introduction
    • The Global Compact
    • The “Learning Approach” Of The Global Compact
    • Communications On Progress
    • Networking And Global Reporting Initiative
    • Learning Through Reporting
    • Corporate Accountability In The Compact
    • Co-Evolution Of Csr And Regulatory Frameworks: A Role For Governments
  • Terrorism And Human Rights Monitoring (399-406) by Iain Cameron   (120K)
  • 38 Monitoring Human Rights Obligations And The Fight Against Terrorism: Whose Obligations? And Monitored How? (407-420) by Martin Scheinin   (154K)
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    • Who Has Human Rights Obligations In The Fight Against Terrorism?
    • How To Monitor Human Rights Obligations Of Other Actors Than States?
  • Indicators For Monitoring Human Rights (421-428) by Jonas Grimheden   (117K)
    • Jump to section:
    • Introduction
    • Towards Indicators
    • Human Rights Indicators
    • Distinguishing Human Rights Indicators
    • A Matrix Of Indicators
  • Sexual Orientation Discrimination: A Necessary And Emerging Area Of United Nations Concern (429-438) by Timothy Maldoon   (140K)
    • Jump to section:
    • Introduction
    • Attention To Sexual Orientation Discrimination In The United Nations Bodies
    • Concluding Remarks
  • Inter-State Complaints Under Treaty Provisions – The Experience Under The European Convention On Human Rights (439-464) by Søren C. Prebensen   (220K)
    • Jump to section:
    • Introduction
    • Intended Role Of Inter-State Applications Under The European Convention On Human Rights
    • Actual Role Of State Applications
    • Cases Brought In The Pursuance Of A More Specific Public Interest
    • Concluding Remarks – Is There A Future Role For Inter–State Applications?
    • Addendum
  • Control Of Execution Of Decisions Under The European Convention On Human Rights – A Perspective On Democratic Security, Inter-Governmental Cooperation, Unification And Individual Justice In Europe (465-486) by Fredrik G. E. Sundberg   (196K)
    • Jump to section:
    • Introduction
    • The Committee Of Ministers
    • The Committee Of Ministers’ Practice In Execution Matters
    • Concluding Remarks
  • The European Court Of Human Rights – Past, Present And Future: An Introduction To The Strasbourg Court (487-492) by Elisabet Fura-Sandström   (101K)
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    • Background On The Convention
    • Solidarity And Subsidiarity
    • Principles Of Interpretation
    • Protected Rights
    • The Current Situation And The Need For Reform
  • The European Convention For The Prevention Of Torture (493-502) by Eric Svanidze   (134K)
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    • Origins
    • Essence Of The Ecpt Mechanism
    • Scope And Content Of Reports
    • Cpt’S Jurisprudence
    • Composition
  • The European Social Charter (503-514) by Regis Brillat   (126K)
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    • Rights Guaranteed By The Charter
    • Identifying The Violations: A Quasi-Judicial Body: The European Committee Of Social Rights
    • Bringing The Situations Into Conformity: The Committee Of Ministers And The Governmental Committee
    • What Is The Possible Future Of The European Social Charter?
  • The Council Of Europe Commissioner For Human Rights (515-522) by Thomas Hammarberg and John Dalhuisen   (108K)
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    • Assessment Reports On Country Situations
    • Crisis Situations
    • Recommendations And Opinions
    • Informed Discussion
    • Issue Analyses And Policy Recommendations
  • The Monitoring Procedure Of The Council Of Europe'S Parliamentary Assembly (523-528) by Jan Kleijssen   (104K)
    • Jump to section:
    • Introduction
    • Specific Competences
    • The Establishment Of A Monitoring Mechanism
    • The Years Ahead
  • The "Pilot-Judgment" Procedure Of The European Court Of Human Rights (529-540) by David Thór Björgvinsson   (143K)
    • Jump to section:
    • Introduction
    • Execution Of Judgments Under The Convention And The Role Of The Committee Of Ministers
    • The Broniowski-Case And The Hutten-Czapska-Case
    • The Legal Basis For The “Pilot-Judgment” Procedure
    • General Remarks And Observations
  • Monitoring Against Discrimination And Xenophobia – The European Commission Against Racism And Intolerance (Ecri) (541-546) by Lauri Hannikainen   (103K)
    • Jump to section:
    • Introduction
    • The Key Principles Of Ecri’S Country-By-Country Work
    • The Contents Of Country Reports
    • The Forms Of Monitoring In The Light Of Third Round Country Reports
    • Analysis Of Ecri’S Work
  • Monitoring The Human Dimension Of The Osce (547-560) by Arie Bloed   (142K)
    • Jump to section:
    • Introduction
    • Osce Human Dimension: Some Basic Features
    • Instruments For Monitoring The Human Dimension
    • Concluding Remarks
  • Monitoring By The Osce'S Office For Democratic Institutions And Human Rights (Odihr) (561-568) by Eric Manton and Bernhard Knoll   (114K)
    • Jump to section:
    • Role Of The Odihr
    • Odihr’S Programmes
    • Human Rights Monitoring
    • Elections Department
    • Democratisation Department
    • Programme On Tolerance And Non-Discrimination
    • Contact Point For Roma And Sinti
    • Monitoring
    • Human Dimension Meetings
    • Analysis, Reporting, Recommendations
    • Conclusion
  • The Eu Network Of Independent Experts On Fundamental Rights (569-578) by Rhona K. M. Smith   (124K)
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    • Toward A Human Rights Framework In The European Union
    • Creating A Human Rights “Institution” Within The European Union
    • The Work Of The Eu Network Of Independent Experts
    • Creating A Human Rights Framework In The Eu?
  • Fundamental Rights In The Eu, With Special Emphasis On The Case-Law Of The European Court Of Justice (Luxembourg) (579-590) by Allan Rosas   (142K)
    • Jump to section:
    • Introduction
  • The Eu As An External Human Rights Actor (591-604) by Sybilla Fries and Allan Rosas   (150K)
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    • The Eu And Human Rights: General Considerations
    • The Human Rights Clause
    • Unilateral Trade Preferences
    • Cfsp Action And Political Dialogue
  • The European Parliament As A Human Rights Monitoring Mechanism (605-608) by Ana Gomes   (90K)
    • Jump to section:
    • Introduction
    • The Subcommittee On Human Rights
    • My Work On Human Rights In The European Parliament
  • The Fundamental Rights Agency Of The European Union (609-616) by Olivier De Schutter and Valérie Van Goethem   (110K)
    • Jump to section:
    • Editors’ Postscript
  • Basic Facts Of The Individual Complaint Procedure Of The Inter-American Human Rights System (617-634) by Diego Rodríguez-Pinzón   (172K)
    • Jump to section:
    • Introduction
    • The Inter-American Commission On Human Rights
    • Inter-American Court On Human Rights
    • Individual Complaint Procedure Of The Commission And The Court
    • Conclusion
  • The Commission And The Court Under The African Human Rights System (635-640) by Muna Ndulo   (99K)
    • Jump to section:
    • The African Human Rights System
    • The African Commission On Human And Peoples’ Rights
    • The African Court Of Human Rights
    • Conclusions
    • Further Reading
  • Human Rights Monitoring In The Asia-Pacific Region (641-648) by Vitit Muntarbhorn   (112K)
  • Parliamentary Human Rights Mechanisms (649-658) by Anders B. Johnsson   (119K)
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    • Human Rights In Parliamentary Structures
    • Human Rights In International Parliamentary Institutions
  • National Human Rights Institutions (659-664) by Brian Burdekin   (98K)
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    • Nhris And Good Governance
  • The Role Of Bar Associations And Law Societies In The Implementation Of Human Rights (665-672) by Ragnar Að Alsteinsson   (108K)
  • The Role Of Ngos – An Overview (673-680) by Rachel Brett   (121K)
    • Jump to section:
    • Introduction
    • Ngos And Reporting Procedures
    • Complaints Procedures
    • Conclusion
    • Postscript
  • Minority Rights Group International (681-686) by Clive Baldwin   (107K)
    • Jump to section:
    • A Brief History
    • Bringing It All Together – The Campaigning Approach
    • Minorities And Indigenous Peoples
    • Methods
    • Conclusion – Three Aspects
  • Monitoring Human Rights In Post-War Bosnia And Herzegovina: The Human Rights Chamber And Its Contribution To The Establishment Of Rule Of Law In Post-War Bosnia And Herzegovina (687-694) by Ekkehard Strauss   (114K)
    • Jump to section:
    • Establishment And Mandate Of The Human Rights Chamber
    • Key Challenges For The Implementation Of The Mandate Of The Human Rights Chamber
    • End Of Mandate And Transfer Of The Human Rights Chamber
    • Contribution Of The Human Rights Chamber To The Development And Realisation Of The Rule Of Law In Bosnia And Herzegovina
  • Eight Reasons Why We Need A World Court Of Human Rights (695-706) by Manfred Nowak   (133K)
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    • Human Rights Without A Remedy Are Like The United Nations Without Jakob Möller: An Empty Promise
    • Final Views On Communications Are Nice, But Legally Binding Judgments On Complaints Are Simply Better
    • Although The United Nations Still Maintains A Strict Separation Between East And West, We Can’T Deny It: The Cold War Is Over
    • The United Nations Might Learn From Regional Organisations
    • The Powerful Human Rights Council Needs An Even More Powerful Human Rights Court As An Independent Counterpart
    • The Creation Of The World Court Is Easier Than We Might Think And Does Not Even Require Any Treaty Amendment
    • The Statute Of The World Court Can Be Opened For Ratification By Non-State Actors
    • The World Court Can Enforce The Right Of Victims To Adequate Reparation
  • National Protection Systems (707-712) by Bertie G. Ramcharan   (98K)
    • Jump to section:
    • Introduction
    • History And Ingredients Of The Concept Of A National Protection System
    • Constitutional Dimension
    • Legislative Dimension
    • Judicial Dimension
    • Institutional Dimension
    • Monitoring Dimension
    • Future Cooperation
    • Conclusion
  • Early Warning And Prevention (713-718) by Bertram G. Ramcharan   (98K)
    • Jump to section:
    • Introduction
    • National Preventive Strategies
    • The Concept Of Preventable Poverty
    • Regional Preventive Strategies
    • International Preventive Strategies
    • Non-Governmental Preventive Strategies
    • Conclusion
  • Jakob Th. Möller – Curriculum Vitae (719-722)   (67K)
  • Index (723-728)   (63K)