@article{Andress2019, author = {Andress, Reinhard}, title = {Addendum: a second Poem by Eduard Dorsch on the occasion of Humboldt's 100th birthday}, series = {HiN : Alexander von Humboldt im Netz ; international review for Humboldtian studies}, volume = {XX}, journal = {HiN : Alexander von Humboldt im Netz ; international review for Humboldtian studies}, number = {39}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2568-3543}, doi = {10.25932/publishup-44258}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-442585}, pages = {61 -- 70}, year = {2019}, abstract = {In a previously published article in HIN under the title of "Eduard Dorsch and his unpublished poem on the occasion of Humboldt's 100th birthday," I elaborated on Dorsch's poem that was read in Detroit in front of a German-American audience on Sept. 14, 1869, a day widely celebrated in the US in honor of Humboldt. Although it was not surprising that Dorsch wrote the occasional poem in the first place given his affinities with Humboldt's world of thought, a discovery of a second occasional poem upon further research in Dorsch's voluminous papers was indeed unexpected, in this case read on the same date in Monroe, Michigan. Although there are a number of similarities between the Detroit and Monroe versions, there are enough differences that warrant this addendum to my original article.}, language = {en} } @article{BacskaiAtkari2019, author = {Bacskai-Atkari, Julia}, title = {Towards a Fanselownian analysis of degree expressions}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43222}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-432222}, pages = {95 -- 106}, year = {2019}, language = {en} } @article{Bayer2019, author = {Bayer, Josef}, title = {On uninterpretable features}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43250}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-432507}, pages = {231 -- 241}, year = {2019}, language = {en} } @article{BornkesselSchlesewskySchlesewsky2019, author = {Bornkessel-Schlesewsky, Ina D. and Schlesewsky, Matthias}, title = {Is it a bird? Is it a mammal?}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43253}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-432534}, pages = {275 -- 286}, year = {2019}, language = {en} } @article{Błaszczak2019, author = {Błaszczak, Joanna}, title = {Why is a predicate inversion analysis problematic?}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43224}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-432240}, pages = {119 -- 133}, year = {2019}, language = {en} } @article{Cavar2019, author = {Cavar, Damir}, title = {Measuring lexical semantic variation using word embeddings}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43220}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-432201}, pages = {61 -- 74}, year = {2019}, language = {en} } @techreport{deWet2019, type = {Working Paper}, author = {de Wet, Erika}, title = {Entrenching international values through positive law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {25}, issn = {2509-3770}, doi = {10.25932/publishup-42385}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-423859}, pages = {19}, year = {2019}, abstract = {Underpinning a legal system with certain values and helping to resolve norm conflicts is in domestic legal systems usually achieved through hierarchical superiority of certain norms of a constitutional nature. The present paper examines the question whether jus cogens can discharge this function within the traditionally horizontal and decentralized international legal order. In so doing, it commences with an overview of the historical origins of peremptory norms in legal scholarship, followed by its endorsement by positive law and courts and tribunals. This analysis illustrates that there are lingering uncertainties pertaining to the process of identification of peremptory norms. Even so, the concept has been invoked in State executive practice (although infrequently) and has been endorsed by various courts. However, such invocation thus far has had a limited impact from a legal perspective. It was mainly confined to a strengthened moral appeal and did in particular not facilitate the resolution of norm conflicts. The contribution further suggests that this limited impact results from the fact that the content of peremptory obligations is either very narrow or very vague. This, in turn, implies a lack of consensus amongst States regarding the content (scope) of jus cogens, including the values underlying these norms. As a result, it is questionable whether the construct of jus cogens is able to provide meaningful legal protection against the erosion of legal norms. It is too rudimentary in character to entrench and stabilize core human rights values as the moral foundation of the international legal order.}, language = {en} } @techreport{Devaney2019, type = {Working Paper}, author = {Devaney, James Gerard}, title = {Selecting Investment Arbitrators}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {33}, doi = {10.25932/publishup-43579}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435797}, pages = {27}, year = {2019}, abstract = {This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators. Taking as its starting point that there now exists tentative consensus that the present system for the appointment of arbitrators either causes or exacerbates certain problematic aspects of the current ISDS system, the paper explores one option for reform, namely the introduction of an independent panel for the selection of investment arbitrators. In doing so, it is argued that a shift in the normative basis of the rules governing appointments is required in order to accommodate the principles of party autonomy and the international rule of law. Such reform, while not completely removing the initiative that parties presently enjoy, is the most efficient way to introduce rule of law considerations such as a measure of judicial independence into the current appointments system. This, it is argued, would in turn help to address some of the problematic features of the appointment of arbitrators in ISDS.}, language = {en} } @article{Drori2019, author = {Drori, Danielle}, title = {A Translator against Translation}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-44591}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-445912}, pages = {43 -- 56}, year = {2019}, abstract = {This article explores an instructive case of translation critique against the background of the rise of Zionism in Europe at the turn of the previous century. It seeks to answer the question: Why did David Frishman, one of the most prolific Hebrew writers and translators of the late 1890s and early 1900s, criticize Vladimir Jabotinsky's Russian translation of Hayim Nahman Bialik's Hebrew poems? Both Bialik and Jabotinsky were major figures in the field of Hebrew culture and Zionist politics in the early 1900s, while Frishman generally shunned partisan activism and consistently presented himself as devoted solely to literature. Frishman perceived literature, nevertheless, as a political arena, viewing translation, in particular, as a locus of ideological debate. Writing from the viewpoint of a political minority at a time in which the Hebrew translation industry in Europe gained momentum, Frishman deemed translation a tool for cementing cultural hierarchies. He anticipated later analyses of the act and products of translation as reflective of intercultural tensions. The article suggests, more specifically, that it was Frishman's view of the Hebrew Bible that informed his "avant-garde" stance on translation.}, language = {en} } @misc{Ferrari2019, author = {Ferrari, Francesco}, title = {Vladimir Jank{\´e}l{\´e}vitch, Philosophie morale, Fran{\c{c}}oise Schwab (ed.), Paris: Flammarion, 2019, 1184 S. / [rezensiert von] Francesco Ferrari}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-649}, doi = {10.25932/publishup-47167}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471673}, pages = {164 -- 167}, year = {2019}, language = {en} }