@techreport{Sandholtz2019, type = {Working Paper}, author = {Sandholtz, Wayne}, title = {Resurgent Authoritarianism and the International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {38}, doi = {10.25932/publishup-43589}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435899}, pages = {31}, year = {2019}, abstract = {Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this "thick" conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on political science research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability of civil society groups to organize and participate in public life. According to available data, each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminishes international rule of law. The conclusion argues that resurgent authoritarianism degrades international rule of law even if this is defined as the specifically post-Cold War international legal order.}, language = {en} } @techreport{Sandholtz2019, type = {Working Paper}, author = {Sandholtz, Wayne}, title = {Human Rights Courts and Global Constitutionalism}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {35}, doi = {10.25932/publishup-43583}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435831}, pages = {30}, year = {2019}, abstract = {International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or "judicial dialogue") among the regional human rights courts and the Human Rights Committee has an additional purpose and effect: the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful in that the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the U.N. Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. The network of regional courts and the HRC is building an emergent institutional structure for global rights-based constitutionalism.}, language = {en} } @techreport{Roggeband2019, type = {Working Paper}, author = {Roggeband, Conny}, title = {International women's rights}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {26}, issn = {2509-3770}, doi = {10.25932/publishup-42388}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-423887}, pages = {24}, year = {2019}, abstract = {This paper explores current contestations of women's rights and the implications thereof for international legislation. While contestation over women's rights is a far from new phenomenon, over the past two decades opposition to gender equality has become better organized at the transnational level, mobilizing a dispersed set of state and non-state actors, and is becoming more successful in halting the progress of women's rights. I argue that the position of oppositional actors vis-{\`a}-vis women rights activism appears to be strengthened by two recent political developments: democratic backsliding and the closure of civic space. Some preliminary findings show how these interrelated developments lead to an erosion of women's rights at the national level. Governments use low key tactics to dismantle institutional and implementation arrangements and sideline women's organisations. Next, I explore the implications of these developments for gender equality norms at the national and international level. The active strategy of counter norming adopted by conservative and religious state and non-state actors, designed to circumvent and also undermine Western norms, is increasingly successful. In addition to this, the threatened position of domestic actors monitoring compliance of international treaties, makes the chances of backsliding on international commitments much higher.}, language = {en} } @techreport{Pellet2019, type = {Working Paper}, author = {Pellet, Alain}, title = {Values and Power Relations - The "Disillusionment" of International Law?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {34}, doi = {10.25932/publishup-43581}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435819}, pages = {15}, year = {2019}, abstract = {This paper - which is based on the Thomas Franck Lecture held by the author at Humboldt University Berlin on 13 May 2019 - argues that the most likely development of international to be expected will be the coexistence of two "legal worlds". On the one hand, an inter-State law brutally regulating political relations between human groups whitewashed by nationalism; on the other hand, a transnational or "a-national" law regulating economic relations between private as well as public interests. Further, the paper argues that there are two obvious victims - of very different nature - of this foreseeable evolution: the human being on the one hand, the certainty and effectiveness of the rule of law itself on the other hand.}, language = {en} } @techreport{Nolte2019, type = {Working Paper}, author = {Nolte, Georg}, title = {How to Identify Customary International Law? - On the Final Outcome of the Work of the International Law Commission (2018)}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {37}, doi = {10.25932/publishup-43588}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435884}, pages = {22}, year = {2019}, abstract = {How to identify customary international law is an important question of international law. The International Law Commission has in 2018 adopted a set of sixteen conclusions, together with commentaries, on this topic. The paper consists of three parts: First, the reasons are discussed why the Commission came to work on the topic "Identification of customary international law". Then, some of its conclusions are highlighted. Finally, the outcome of the work of the Commission is placed in a general context, before concluding.}, language = {en} } @techreport{Neugebauer2019, type = {Working Paper}, author = {Neugebauer, Konrad}, title = {Holding Domestic Judges Accountable under International Criminal Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {36}, doi = {10.25932/publishup-43587}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435877}, pages = {31}, year = {2019}, abstract = {This article explores, whether domestic judges might be held accountable under international criminal law (ICL). To date, international criminal justice has almost entirely focused on prosecuting political or military leaders. The Justice Case tried before the Nuremberg Military Tribunal in 1946 marks the most prominent exception. Prior to it, the judiciary - otherwise considered the epitome of justice - had mutated into a murderous machinery under Nazi rule. Judicial decisions do have far-reaching implications possibly constituting or contributing to international crimes. This holds true in a wide range of cases, for instance on practices of warfare and torture, on the use of certain weapon technologies, or on policies relating to minorities or racial segregation. I argue that domestic judges are accountable when engaging in international crimes. The article delves into technical aspects of criminal law; as well as the notions of judicial independence and immunity. While guaranteeing the rule of law, these two notions challenge the core idea of ICL: its equal application vis-{\`a}-vis all perpetrators of international crimes irrespective of official capacity. In order to differentiate due judicial conduct and its abuse in violation of ICL, I suggest a threshold a judicial act needs to exceed for entailing accountability for an international crime.}, language = {en} } @techreport{Nastansky2019, type = {Working Paper}, author = {Nastansky, Andreas}, title = {Topologische Datenanalyse}, series = {Statistische Diskussionsbeitr{\"a}ge}, journal = {Statistische Diskussionsbeitr{\"a}ge}, number = {53}, doi = {10.25932/publishup-43142}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-431420}, pages = {38}, year = {2019}, abstract = {Bei der Analyse von h{\"o}herdimensionalen Daten kann deren Gestalt wichtige Informationen {\"u}ber den Datensatz liefern. Bei einer gegebenen Punktwolke, die aus einem unbekannten topologischen Raum ausgew{\"a}hlt wurde, versucht die Topologische Datenanalyse (TDA) den urspr{\"u}nglichen Raum zu rekonstruieren. Dieser Beitrag soll eine Einf{\"u}hrung in die Topologische Datenanalyse geben und konzentriert sich dabei auf zwei wichtige Aspekte: die Persistente Homologie und den Mapper. Dabei werden zuerst die notwendigen theoretischen Grundlagen vorgestellt und anschließend wird die Methodik bei der Visualisierung von Daten eingesetzt. Die Persistente Homologie ist eines der Standardwerkzeuge in der TDA. Sie findet ihre Anwendung beispielsweise in den Bereichen Formerkennung und -beschreibung. Der Mapper als zweites wichtiges Konzept der TDA wandelt umfangreiche, h{\"o}herdimensionale Datens{\"a}tze in Simplizialkomplexe um und kann dadurch geometrische und topologische Eigenschaften der Daten bestimmen. Des Weiteren ist die Mapper-Methode ein brauchbares Werkzeug zur Visualisierungen von mehrdimensionalen Daten, woran statistische Verfahren scheitern.}, language = {de} } @techreport{MuellerWrohlich2019, type = {Working Paper}, author = {M{\"u}ller, Kai-Uwe and Wrohlich, Katharina}, title = {Does subsidized care for toddlers increase maternal labor supply?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {9}, issn = {2628-653X}, doi = {10.25932/publishup-42772}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427727}, pages = {50}, year = {2019}, abstract = {Expanding public or publicly subsidized childcare has been a top social policy priority in many industrialized countries. It is supposed to increase fertility, promote children's development and enhance mothers' labor market attachment. In this paper, we analyze the causal effect of one of the largest expansions of subsidized childcare for children up to three years among industrialized countries on the employment of mothers in Germany. Identification is based on spatial and temporal variation in the expansion of publicly subsidized childcare triggered by two comprehensive childcare policy reforms. The empirical analysis is based on the German Microcensus that is matched to county level data on childcare availability. Based on our preferred specification which includes time and county fixed effects we find that an increase in childcare slots by one percentage point increases mothers' labor market participation rate by 0.2 percentage points. The overall increase in employment is explained by the rise in part-time employment with relatively long hours (20-35 hours per week). We do not find a change in full-time employment or lower part-time employment that is causally related to the childcare expansion. The effect is almost entirely driven by mothers with medium-level qualifications. Mothers with low education levels do not profit from this reform calling for a stronger policy focus on particularly disadvantaged groups in coming years.}, language = {en} } @techreport{MuellerNeumannWrohlich2019, type = {Working Paper}, author = {M{\"u}ller, Kai-Uwe and Neumann, Michael and Wrohlich, Katharina}, title = {Labor supply under participation and hours constraints}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {3}, issn = {2628-653X}, doi = {10.25932/publishup-42765}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427656}, pages = {50}, year = {2019}, abstract = {The paper extends a static discrete-choice labor supply model by adding participation and hours constraints. We identify restrictions by survey information on the eligibility and search activities of individuals as well as actual and desired hours. This provides for a more robust identification of preferences and constraints. Both, preferences and restrictions are allowed to vary by and are related through observed and unobserved characteristics. We distinguish various restrictions mechanisms: labor demand rationing, working hours norms varying across occupations, and insufficient public childcare on the supply side of the market. The effect of these mechanisms is simulated by relaxing different constraints at a time. We apply the empirical frame- work to evaluate an in-work benefit for low-paid parents in the German institutional context. The benefit is supposed to increase work incentives for secondary earners. Based on the structural model we are able to disentangle behavioral reactions into the pure incentive effect and the limiting impact of constraints at the intensive and extensive margin. We find that the in-work benefit for parents substantially increases working hours of mothers of young children, especially when they have a low education. Simulating the effects of restrictions shows their substantial impact on employment of mothers with young children.}, language = {en} } @techreport{McLachlan2019, type = {Working Paper}, author = {McLachlan, Campbell}, title = {The Double-facing Foreign Relations Function of the Executive and Its Self-enforcing Obligation to Comply with International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {30}, doi = {10.25932/publishup-42908}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-429088}, pages = {35}, year = {2019}, abstract = {How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament's incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law-a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle.}, language = {en} }