@techreport{GiotopoulosKritikosTsakanikas2022, type = {Working Paper}, author = {Giotopoulos, Ioannis and Kritikos, Alexander and Tsakanikas, Aggelos}, title = {A Lasting Crisis affects R\&D decisions of smaller firms}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {49}, issn = {2628-653X}, doi = {10.25932/publishup-55844}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-558442}, pages = {23}, year = {2022}, abstract = {We use the prolonged Greek crisis as a case study to understand how a lasting economic shock affects the innovation strategies of firms in economies with moderate innovation activities. Adopting the 3-stage CDM model, we explore the link between R\&D, innovation, and productivity for different size groups of Greek manufacturing firms during the prolonged crisis. At the first stage, we find that the continuation of the crisis is harmful for the R\&D engagement of smaller firms while it increased the willingness for R\&D activities among the larger ones. At the second stage, among smaller firms the knowledge production remains unaffected by R\&D investments, while among larger firms the R\&D decision is positively correlated with the probability of producing innovation, albeit the relationship is weakened as the crisis continues. At the third stage, innovation output benefits only larger firms in terms of labor productivity, while the innovation-productivity nexus is insignificant for smaller firms during the lasting crisis.}, language = {en} } @techreport{GohlSchrauth2022, type = {Working Paper}, author = {Gohl, Niklas and Schrauth, Philipp}, title = {Ticket to Paradise?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {50}, issn = {2628-653X}, doi = {10.25932/publishup-55846}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-558466}, pages = {20}, year = {2022}, abstract = {This paper provides novel evidence on the impact of public transport subsidies on air pollution. We obtain causal estimates by leveraging a unique policy intervention in Germany that temporarily reduced nationwide prices for regional public transport to a monthly flat rate price of 9 Euros. Us-ing DiD estimation strategies on air pollutant data, we show that this intervention causally reduced a benchmark air pollution index by more than six percent. Our results illustrate that public transport subsidies - especially in the context of spatially constrained cities - offer a viable alterna-tive for policymakers and city planers to improve air quality, which has been shown to crucially affect health outcomes.}, language = {en} } @techreport{Schrauth2022, type = {Working Paper}, author = {Schrauth, Philipp}, title = {The Causal Effect of Cycling Infrastructure on Traffic and Accidents}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {48}, issn = {2628-653X}, doi = {10.25932/publishup-55335}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-553359}, pages = {56}, year = {2022}, abstract = {This paper analyzes the effect of new bicycle lanes on traffic volume, congestion, and accidents. Crucially, the new bike lanes replace existing car lanes thereby reducing available space for motorized traffic. In order to obtain causal estimates, I exploit the quasi-random timing and location of the newly built cycle lanes. Using an event study design, a two-way fixed effects model and the synthetic control group method on geo-coded data, I show that the construction of pop-up bike lanes significantly reduced average car speed by 8 to 12 percentage points (p.p.) and up to 16 p.p. in peak traffic hours. In contrast, the results for car volume are modest, while the data does not allow for a conclusive judgment of accidents.}, language = {en} } @techreport{Obst2022, type = {Working Paper}, author = {Obst, Cosima}, title = {Job Satisfaction and Training Investments}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {47}, issn = {2628-653X}, doi = {10.25932/publishup-54912}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-549124}, pages = {46}, year = {2022}, abstract = {Job satisfaction has been found to impact behavioral choices at the workplace. Since levels of satisfaction are not guaranteed to remain high, understanding the consequences of job dissatisfaction is essential. Hence, I analyze the relationship between a worker's job satisfaction and her training investments. Based on my theoretical model, I expect a U-shaped relationship if dissatisfied workers attempt to improve the situation or plan to quit. In contrast, there is an overall positive relationship if dissatisfied workers neglect their duties. Using logit regressions with the Household, Income and Labour Dynamics in Australia (HILDA) survey I find tentative evidence that there is on average an overall positive relationship with a 1 standard deviation increase in job satisfaction being associated with a 1.5\% increased likelihood of participating in training. A closer inspection of the reasons for training as well as quit intentions reveals some hints of a U-shaped relationship. My results highlight the importance of considering the source of dissatisfaction as there are heterogeneous effects along different job satisfaction facets.}, language = {en} } @techreport{CaliendoGraeberKritikosetal.2022, type = {Working Paper}, author = {Caliendo, Marco and Graeber, Daniel and Kritikos, Alexander and Seebauer, Johannes}, title = {Pandemic Depression: COVID-19 and the Mental Health of the Self-Employed}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {46}, issn = {2628-653X}, doi = {10.25932/publishup-54899}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-548999}, pages = {65}, year = {2022}, abstract = {We investigate the effect of the COVID-19 pandemic on self-employed people's mental health. Using representative longitudinal survey data from Germany, we reveal differential effects by gender: whereas self-employed women experienced a substantial deterioration in their mental health, self-employed men displayed no significant changes up to early 2021. Financial losses are important in explaining these differences. In addition, we find larger mental health responses among self-employed women who were directly affected by government-imposed restrictions and bore an increased childcare burden due to school and daycare closures. We also find that self-employed individuals who are more resilient coped better with the crisis.}, language = {en} } @techreport{EydamDiluiso2022, type = {Working Paper}, author = {Eydam, Ulrich and Diluiso, Francesca}, title = {How to Redistribute the Revenues from Climate Policy?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {45}, issn = {2628-653X}, doi = {10.25932/publishup-54896}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-548960}, pages = {32}, year = {2022}, abstract = {In light of climate change mitigation efforts, revenues from climate policies are growing, with no consensus yet on how they should be used. Potential efficiency gains from reducing distortionary taxes and the distributional implications of different revenue recycling schemes are currently debated. To account for households heterogeneity and dynamic trade-offs, we study the macroeconomic and welfare performance of different revenue recycling schemes using an Environmental Two-Agent New-Keynesian model, calibrated on the German economy. We find that, in the long run, welfare gains are higher when revenues are used to reduce distortionary taxes on capital, but this comes at the cost of higher inequality: while all households prefer labor income tax reductions to lump-sum transfers, only financially unconstrained households are better off when reducing taxes on capital income. Interestingly, we find that over the transition period relevant to meet short-medium run climate targets, labor income tax cuts are the most efficient and equitable instrument.}, language = {en} } @techreport{CaliendoCobbClarkPfeiferetal.2022, type = {Working Paper}, author = {Caliendo, Marco and Cobb-Clark, Deborah A. and Pfeifer, Harald and Uhlendorff, Arne and Wehner, Caroline}, title = {Managers' Risk Preferences and Firm Training Investments}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {44}, issn = {2628-653X}, doi = {10.25932/publishup-53843}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-538439}, pages = {45}, year = {2022}, abstract = {We provide the first estimates of the impact of managers' risk preferences on their training allocation decisions. Our conceptual framework links managers' risk preferences to firms' training decisions through the bonuses they expect to receive. Risk-averse managers are expected to select workers with low turnover risk and invest in specific rather than general training. Empirical evidence supporting these predictions is provided using a novel vignette study embedded in a nationally representative survey of firm managers. Risk-tolerant and risk-averse decision makers have significantly different training preferences. Risk aversion results in increased sensitivity to turnover risk. Managers who are risk-averse offer significantly less general training and, in some cases, are more reluctant to train workers with a history of job mobility. All managers, irrespective of their risk preferences, are sensitive to the investment risk associated with training, avoiding training that is more costly or targets those with less occupational expertise or nearing retirement. This suggests the risks of training are primarily due to the risk that trained workers will leave the firm (turnover risk) rather than the risk that the benefits of training do not outweigh the costs (investment risk).}, language = {en} } @techreport{FranksKalkuhlLessmann2022, type = {Working Paper}, author = {Franks, Max and Kalkuhl, Matthias and Lessmann, Kai}, title = {Optimal Pricing for Carbon Dioxide Removal Under Inter-Regional Leakage}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {43}, issn = {2628-653X}, doi = {10.25932/publishup-53808}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-538080}, pages = {12}, year = {2022}, abstract = {Carbon dioxide removal (CDR) moves atmospheric carbon to geological or land-based sinks. In a first-best setting, the optimal use of CDR is achieved by a removal subsidy that equals the optimal carbon tax and marginal damages. We derive second-best subsidies for CDR when no global carbon price exists but a national government implements a unilateral climate policy. We find that the optimal carbon tax differs from an optimal CDR subsidy because of carbon leakage, terms-of-trade and fossil resource rent dynamics. First, the optimal removal subsidy tends to be larger than the carbon tax because of lower supply-side leakage on fossil resource markets. Second, terms-of-trade effects exacerbate this wedge for net resource exporters, implying even larger removal subsidies. Third, the optimal removal subsidy may fall below the carbon tax for resource-poor countries when marginal environmental damages are small.}, language = {en} } @techreport{CaliendoKuennMahlstedt2022, type = {Working Paper}, author = {Caliendo, Marco and K{\"u}nn, Steffen and Mahlstedt, Robert}, title = {The Intended and Unintended Effects of Promoting Labor Market Mobility}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, issn = {2628-653X}, doi = {10.25932/publishup-53522}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-535229}, pages = {49}, year = {2022}, abstract = {Subsidizing the geographical mobility of unemployed workers may improve welfare by relaxing their financial constraints and allowing them to find jobs in more prosperous regions. We exploit regional variation in the promotion of mobility programs along administrative borders of German employment agency districts to investigate the causal effect of offering such financial incentives on the job search behavior and labor market integration of unemployed workers. We show that promoting mobility - as intended - causes job seekers to increase their search radius, apply for and accept distant jobs. At the same time, local job search is reduced with adverse consequences for reemployment and earnings. These unintended negative effects are provoked by spatial search frictions. Overall, the unconditional provision of mobility programs harms the welfare of unemployed job seekers.}, language = {en} } @techreport{BacheletKalkuhlKoch2022, type = {Working Paper}, author = {Bachelet, Marion and Kalkuhl, Matthias and Koch, Nicolas}, title = {What if working from home will stick?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {41}, issn = {2628-653X}, doi = {10.25932/publishup-53238}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-532384}, pages = {28}, year = {2022}, abstract = {The COVID-19 pandemic created the largest experiment in working from home. We study how persistent telework may change energy and transport consumption and costs in Germany to assess the distributional and environmental implications when working from home will stick. Based on data from the German Microcensus and available classifications of working-from-home feasibility for different occupations, we calculate the change in energy consumption and travel to work when 15\% of employees work full time from home. Our findings suggest that telework translates into an annual increase in heating energy expenditure of 110 euros per worker and a decrease in transport expenditure of 840 euros per worker. All income groups would gain from telework but high-income workers gain twice as much as low-income workers. The value of time saving is between 1.3 and 6 times greater than the savings from reduced travel costs and almost 9 times higher for high-income workers than low-income workers. The direct effects on CO₂ emissions due to reduced car commuting amount to 4.5 millions tons of CO₂, representing around 3 percent of carbon emissions in the transport sector.}, language = {en} } @techreport{CaliendoWittbrodt2021, type = {Working Paper}, author = {Caliendo, Marco and Wittbrodt, Linda}, title = {Did the Minimum Wage Reduce the Gender Wage Gap in Germany?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {40}, issn = {2628-653X}, doi = {10.25932/publishup-53046}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-530464}, pages = {26}, year = {2021}, abstract = {In many countries, women are over-represented among low-wage employees, which is why a wage floor could benefit them particularly. Following this notion, we analyse the impact of the German minimum wage introduction in 2015 on the gender wage gap. Germany poses an interesting case study in this context, since it has a rather high gender wage gap and set the minimum wage at a relatively high level, affecting more than four million employees. Based on individual data from the Structure of Earnings Survey, containing information for over one million employees working in 60,000 firms, we use a difference-in- difference framework that exploits regional differences in the bite of the minimum wage. We find a significant negative effect of the minimum wage on the regional gender wage gap. Between 2014 and 2018, the gap at the 10th percentile of the wage distribution was reduced by 4.6 percentage points (or 32\%) in regions that were strongly affected by the minimum wage compared to less affected regions. For the gap at the 25th percentile, the effect still amounted to -18\%, while for the mean it was smaller (-11\%) and not particularly robust. We thus find that the minimum wage can indeed reduce gender wage disparities. While the effect is highest for the low-paid, it also reaches up into higher parts of the wage distribution.}, language = {en} } @techreport{BorckGohl2021, type = {Working Paper}, author = {Borck, Rainald and Gohl, Niklas}, title = {Gentrification and Affordable Housing Policies}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {39}, issn = {2628-653X}, doi = {10.25932/publishup-52930}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-529300}, pages = {51}, year = {2021}, abstract = {We use a quantitative spatial equilibrium model to evaluate the distributional and welfare impacts of a recent temporary rent control policy in Berlin, Germany. We calibrate the model to key features of Berlin's housing market, in particular the recent gentrification of inner city locations. As expected, gentrification benefits rich homeowners, while poor renter households lose. Our counterfactual analysis mimicks the rent control policy. We find that this policy reduces welfare for rich and poor households and in fact, the percentage change in welfare is largest for the poorest households. We also study alternative affordable housing policies such as subsidies and re-zoning policies, which are better suited to address the adverse consequences of gentrification.}, language = {en} } @techreport{Spaeth2021, type = {Working Paper}, author = {Sp{\"a}th, Maximilian}, title = {It's me again… Ask Avoidance and the Dynamics of Charitable Giving}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {38}, issn = {2628-653X}, doi = {10.25932/publishup-52099}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-520991}, pages = {25}, year = {2021}, abstract = {Charities typically ask potential donors repeatedly for a donation. These repeated requests might trigger avoidance behavior. Considering that, this paper analyzes the impact of offering an ask avoidance option on charitable giving. In a proposed utility framework, the avoidance option decreases the social pressure to donate. At the same time, it induces feelings of gratitude toward the fundraiser, which may lead to a reciprocal increase in donations. The results of a lab experiment designed to disentangle the two channels show no negative impact of the option to avoid repeated asking on donations. Instead, the full model indicates a positive impact of the reciprocity channel. This finding suggests that it might be beneficial for charities to introduce an ask avoidance option during high-frequency fundraising campaigns.}, language = {en} } @techreport{Mena2021, type = {Working Paper}, author = {Mena, Wogene Berhanu}, title = {Civilizational hexagon as a pathway to conflict management}, series = {State, Law, and Politics - Research and Discussion Papers}, journal = {State, Law, and Politics - Research and Discussion Papers}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, doi = {10.25932/publishup-51669}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-516695}, pages = {21}, year = {2021}, abstract = {This paper examines the attempts of implement-ing components of the concept called Civiliza-tional Hexagon as a pathway to civilizing conflict in the Sub-Saharan Africa in the post-Cold War period. Despite significant decline in the violent conflict and substantial progress socio-economic aspects in the period, most states in the region have been facing challenges in their way to civilize conflict related to absence of inclusive political system, weak state unable to monopolize the use of violence in its territory, and social injustice. On the other hand, states like Botswana and Mauritius managed to civilize conflict through significant improvement in democratic consolidation. Besides their relative success in implementing six elements, these states enabled to integrate traditional institutions with modern state apparatus that helped them to fill the gap created as result of exogenous state formation process and the resulting unfinished nation-building project. Additionally, traditional institutions contributed to managing diversity.}, language = {en} } @techreport{KritikosSchierschStiel2021, type = {Working Paper}, author = {Kritikos, Alexander and Schiersch, Alexander and Stiel, Caroline}, title = {The productivity puzzle in business services}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {37}, issn = {2628-653X}, doi = {10.25932/publishup-51453}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-514536}, pages = {37}, year = {2021}, abstract = {In Germany, the productivity of professional services, a sector dominated by micro and small firms, declined by 40 percent between 1995 and 2014. This productivity decline also holds true for professional services in other European countries. Using a German firm-level dataset of 700,000 observations between 2003 and 2017, we analyze this largely uncovered phenomenon among professional services, the 4th largest sector in the EU15 business economy, which provide important intermediate services for the rest of the economy. We show that changes in the value chain explain about half of the decline and the increase in part-time employment is a further minor part of the decline. In contrast to expectations, the entry of micro and small firms, despite their lower productivity levels, is not responsible for the decline. We also cannot confirm the conjecture that weakening competition allows unproductive firms to remain in the market.}, language = {en} } @techreport{HinzStammannWanner2021, type = {Working Paper}, author = {Hinz, Julian and Stammann, Amrei and Wanner, Joschka}, title = {State Dependence and Unobserved Heterogeneity in the Extensive Margin of Trade}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, issn = {2628-653X}, doi = {10.25932/publishup-51191}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-511919}, pages = {62}, year = {2021}, abstract = {We study the role and drivers of persistence in the extensive margin of bilateral trade. Motivated by a stylized heterogeneous firms model of international trade with market entry costs, we consider dynamic three-way fixed effects binary choice models and study the corresponding incidental parameter problem. The standard maximum likelihood estimator is consistent under asymptotics where all panel dimensions grow at a constant rate, but it has an asymptotic bias in its limiting distribution, invalidating inference even in situations where the bias appears to be small. Thus, we propose two different bias-corrected estimators. Monte Carlo simulations confirm their desirable statistical properties. We apply these estimators in a reassessment of the most commonly studied determinants of the extensive margin of trade. Both true state dependence and unobserved heterogeneity contribute considerably to trade persistence and taking this persistence into account matters significantly in identifying the effects of trade policies on the extensive margin.}, language = {en} } @techreport{MarcusSiedlerZiebarth2021, type = {Working Paper}, author = {Marcus, Jan and Siedler, Thomas and Ziebarth, Nicolas R.}, title = {The Long-Run Effects of Sports Club Vouchers for Primary School Children}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {34}, issn = {2628-653X}, doi = {10.25932/publishup-50897}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-508978}, pages = {72}, year = {2021}, abstract = {Starting in 2009, the German state of Saxony distributed sports club membership vouchers among all 33,000 third graders in the state. The policy's objective was to encourage them to develop a long-term habit of exercising. In 2018, we carried out a large register-based survey among several cohorts in Saxony and two neighboring states. Our difference-in-differences estimations show that, even after a decade, awareness of the voucher program was significantly higher in the treatment group. We also find that youth received and redeemed the vouchers. However, we do not find significant short- or long-term effects on sports club membership, physical activity, overweightness, or motor skills.}, language = {en} } @techreport{FelfeKocherRaineretal.2021, type = {Working Paper}, author = {Felfe, Christina and Kocher, Martin and Rainer, Helmut and Saurer, Judith and Siedler, Thomas}, title = {More Opportunity, More Cooperation?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {32}, issn = {2628-653X}, doi = {10.25932/publishup-50864}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-508643}, pages = {63}, year = {2021}, abstract = {Inequality of opportunity, particularly when overlaid with socioeconomic, ethnic, or cultural differences, may limit the scope of cooperation between individuals. A central question, then, is how to overcome such obstacles to cooperation. We study this question in the context of Germany, by asking whether the propensity of immigrant youth to cooperate with native peers was affected by a major integration reform: the introduction of birthright citizenship. Our unique setup exploits data from a large-scale lab-in-the-field experiment in a quasi-experimental evaluation framework. We find that the policy caused male, but not female, immigrants to significantly increase their cooperativeness toward natives. We show that the increase in out-group cooperation among immigrant boys is an outcome of more trust rather than a reflection of stronger other- regarding preferences towards natives. In exploring factors that may explain these behavioral effects, we present evidence that the policy also led to a near-closure of the educational achievement gap between young immigrant men and their native peers. Our results highlight that, through integration interventions, governments can modify prosocial behavior in a way that generates higher levels of efficiency in the interaction between social groups.}, language = {en} } @techreport{Brenner2021, type = {Working Paper}, author = {Brenner, Andri}, title = {The Social Power of Spillover Effects}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {35}, issn = {2628-653X}, doi = {10.25932/publishup-51109}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-511098}, pages = {60}, year = {2021}, abstract = {Economists are worried that the lack of property rights to natural capital goods jeopardizes the sustainability of the economic growth miracle that has existed since industrialization. This article questions their position. A vertical innovation model with a portfolio of technologies for abatement, adaptation, and general (Harrod-neutral) technology reveals that environmental damage spillovers have a comparable effect on research profits as technology spillovers so that the social costs of depleting public natural capital are internalized. As long as there is free access to information and technology, growth is sustainable and the allocation of research efforts among alternative technologies is socially optimal. While there still is a need to address externalities from monopolistic research markets, no environmental policy is necessary. These results suggest that environmental externalities may originate in restricted access to information and technology, demonstrating that (i) information has a similar effect as an environmental tax and (ii) knowledge and technology transfers have an impact comparable to that of subsidies for research in green technology.}, language = {en} } @techreport{Eydam2021, type = {Working Paper}, author = {Eydam, Ulrich}, title = {The Distributional Implications of Climate Policies Under Uncertainty}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {33}, issn = {2628-653X}, doi = {10.25932/publishup-50895}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-508950}, pages = {53}, year = {2021}, abstract = {Promoting the decarbonization of economic activity through climate policies raises many questions. From a macroeconomic perspective, it is important to understand how these policies perform under uncertainty, how they affect short-run dynamics and to what extent they have distributional effects. In addition, uncertainties directly associated with climate policies, such as uncertainty about the carbon budget or emission intensities, become relevant aspects. We study the implications of emission reduction schemes within a Two-Agent New-Keynesian (TANK) model. This quantitative exercise, based on data for the German economy, provides various insights. In the light of frictions and fluctuations, compared to other instruments, a carbon price (i.e. tax) is associated with lower volatility in output and consumption. In terms of aggregate welfare, price instruments are found to be preferable. Conditional on the distribution of revenues from climate policies, quantity instruments can exert regressive effects, posing a larger economic loss on wealth-poor households, whereas price instruments are moderately progressive. Finally, we find that unexpected changes in climate policies can induce substantial aggregate adjustments. With uncertainty about the carbon budget, the costs of adjustment are larger under quantity instruments.}, language = {en} } @techreport{GraeberSchikora2021, type = {Working Paper}, author = {Graeber, Daniel and Schikora, Felicitas}, title = {Hate is too great a burden to bear}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {31}, issn = {2628-653X}, doi = {10.25932/publishup-50797}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-507972}, pages = {53}, year = {2021}, abstract = {Against a background of increasing violence against non-natives, we estimate the effect of hate crime on refugees' mental health in Germany. For this purpose, we combine two datasets: administrative records on xenophobic crime against refugee shelters by the Federal Criminal Office and the IAB-BAMF-SOEP Survey of Refugees. We apply a regression discontinuity in time design to estimate the effect of interest. Our results indicate that hate crime has a substantial negative effect on several mental health indicators, including the Mental Component Summary score and the Patient Health Questionnaire-4 score. The effects are stronger for refugees with closer geographic proximity to the focal hate crime and refugees with low country-specific human capital. While the estimated effect is only transitory, we argue that negative mental health shocks during the critical period after arrival have important long-term consequences. Keywords: Mental health, hate crime, migration, refugees, human capital.}, language = {en} } @techreport{CaliendoTuebbicke2021, type = {Working Paper}, author = {Caliendo, Marco and T{\"u}bbicke, Stefan}, title = {Design and Effectiveness of Start-Up Subsidies}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {30}, issn = {2628-653X}, doi = {10.25932/publishup-50005}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-500056}, pages = {20}, year = {2021}, abstract = {While a growing body of literature finds positive impacts of Start-Up Subsidies (SUS) on labor market outcomes of participants, little is known about how the design of these programs shapes their effectiveness and hence how to improve policy. As experimental variation in program design is unavailable, we exploit the 2011 reform of the current German SUS program for the unemployed which strengthened case-workers' discretionary power, increased entry requirements and reduced monetary support. We estimate the impact of the reform on the program's effectiveness using samples of participants and non-participants from before and after the reform. To control for time-constant unobserved heterogeneity as well as differential selection patterns based on observable characteristics over time, we combine Difference-in-Differences with inverse probability weighting using covariate balancing propensity scores. Holding participants' observed characteristics as well as macroeconomic conditions constant, the results suggest that the reform was successful in raising employment effects on average. As these findings may be contaminated by changes in selection patterns based on unobserved characteristics, we assess our results using simulation-based sensitivity analyses and find that our estimates are highly robust to changes in unobserved characteristics. Hence, the reform most likely had a positive impact on the effectiveness of the program, suggesting that increasing entry requirements and reducing support in-creased the program's impacts while reducing the cost per participant.}, language = {en} } @techreport{ŠedovaČizmaziovaCook2021, type = {Working Paper}, author = {Šedov{\´a}, Barbora and Čizmaziov{\´a}, Lucia and Cook, Athene}, title = {A meta-analysis of climate migration literature}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {29}, issn = {2628-653X}, doi = {10.25932/publishup-49982}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-499827}, pages = {83}, year = {2021}, abstract = {The large literature that aims to find evidence of climate migration delivers mixed findings. This meta-regression analysis i) summarizes direct links between adverse climatic events and migration, ii) maps patterns of climate migration, and iii) explains the variation in outcomes. Using a set of limited dependent variable models, we meta-analyze thus-far the most comprehensive sample of 3,625 estimates from 116 original studies and produce novel insights on climate migration. We find that extremely high temperatures and drying conditions increase migration. We do not find a significant effect of sudden-onset events. Climate migration is most likely to emerge due to contemporaneous events, to originate in rural areas and to take place in middle-income countries, internally, to cities. The likelihood to become trapped in affected areas is higher for women and in low-income countries, particularly in Africa. We uniquely quantify how pitfalls typical for the broader empirical climate impact literature affect climate migration findings. We also find evidence of different publication biases.}, language = {en} } @techreport{HaenselFranksKalkuhletal.2021, type = {Working Paper}, author = {H{\"a}nsel, Martin C. and Franks, Max and Kalkuhl, Matthias and Edenhofer, Ottmar}, title = {Optimal carbon taxation and horizontal equity}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {28}, issn = {2628-653X}, doi = {10.25932/publishup-49812}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-498128}, pages = {51}, year = {2021}, abstract = {We develop a model of optimal carbon taxation and redistribution taking into account horizontal equity concerns by considering heterogeneous energy efficiencies. By deriving first- and second-best rules for policy instruments including carbon taxes, transfers and energy subsidies, we then investigate analytically how horizontal equity is considered in the social welfare maximizing tax structure. We calibrate the model to German household data and a 30 percent emission reduction goal. Our results show that energy-intensive households should receive more redistributive resources than energy-efficient households if and only if social inequality aversion is sufficiently high. We further find that redistribution of carbon tax revenue via household-specific transfers is the first-best policy. Equal per-capita transfers do not suffer from informational problems, but increase mitigation costs by around 15 percent compared to the first- best for unity inequality aversion. Adding renewable energy subsidies or non-linear energy subsidies, reduces mitigation costs further without relying on observability of households' energy efficiency.}, language = {en} } @techreport{GraeberKritikosSeebauer2021, type = {Working Paper}, author = {Graeber, Daniel and Kritikos, Alexander and Seebauer, Johannes}, title = {COVID-19: a crisis of the female self-employed}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {27}, issn = {2628-653X}, doi = {10.25932/publishup-49810}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-498108}, pages = {72}, year = {2021}, abstract = {We investigate how the economic consequences of the pandemic, and of the government-mandated measures to contain its spread, affect the self-employed - particularly women - in Germany. For our analysis, we use representative, real-time survey data in which respondents were asked about their situation during the COVID-19 pandemic. Our findings indicate that among the self-employed, who generally face a higher likelihood of income losses due to COVID-19 than employees, women are 35\% more likely to experience income losses than their male counterparts. Conversely, we do not find a comparable gender gap among employees. Our results further suggest that the gender gap among the self-employed is largely explained by the fact that women disproportionately work in industries that are more severely affected by the COVID-19 pandemic. Our analysis of potential mechanisms reveals that women are significantly more likely to be impacted by government-imposed restrictions, i.e. the regulation of opening hours. We conclude that future policy measures intending to mitigate the consequences of such shocks should account for this considerable variation in economic hardship.}, language = {en} } @techreport{LudolphŠedova2021, type = {Working Paper}, author = {Ludolph, Lars and Šedov{\´a}, Barbora}, title = {Global food prices, local weather and migration in Sub-Saharan Africa}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {26}, issn = {2628-653X}, doi = {10.25932/publishup-49494}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-494946}, pages = {53}, year = {2021}, abstract = {In this paper, we study the effect of exogenous global crop price changes on migration from agricultural and non-agricultural households in Sub-Saharan Africa. We show that, similar to the effect of positive local weather shocks, the effect of a locally-relevant global crop price increase on household out-migration depends on the initial household wealth. Higher international producer prices relax the budget constraint of poor agricultural households and facilitate migration. The order of magnitude of a standardized price effect is approx. one third of the standardized effect of a local weather shock. Unlike positive weather shocks, which mostly facilitate internal rural-urban migration, positive income shocks through rising producer prices only increase migration to neighboring African countries, likely due to the simultaneous decrease in real income in nearby urban areas. Finally, we show that while higher producer prices induce conflict, conflict does not play a role for the household decision to send a member as a labor migrant.}, language = {en} } @techreport{AmannRzepka2021, type = {Working Paper}, author = {Amann, Erwin and Rzepka, Sylvi}, title = {The Effect of Goal-Setting Prompts in a Blended Learning Environment}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {25}, issn = {2628-653X}, doi = {10.25932/publishup-49347}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-493476}, pages = {22, vi}, year = {2021}, abstract = {We investigate how inviting students to set task-based goals affects usage of an online learning platform and course performance. We design and implement a randomized field experiment in a large mandatory economics course with blended learning elements. The low-cost treatment induces students to use the online learning system more often, more intensively, and to begin earlier with exam preparation. Treated students perform better in the course than the control group: they are 18.8\% (0.20 SD) more likely to pass the exam and earn 6.7\% (0.19 SD) more points on the exam. There is no evidence that treated students spend significantly more time, rather they tend to shift to more productive learning methods. The heterogeneity analysis suggests that higher treatment effects are associated with higher levels of behavioral bias but also with poor early course behavior.}, language = {en} } @techreport{AndresBruttelFriedrichsen2021, type = {Working Paper}, author = {Andres, Maximilian and Bruttel, Lisa Verena and Friedrichsen, Jana}, title = {The Leniency Rule Revisited: Experiments on Cartel Formation with Open Communication}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {24}, issn = {2628-653X}, doi = {10.25932/publishup-49169}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-491696}, pages = {62}, year = {2021}, abstract = {The experimental literature on antitrust enforcement provides robust evidence that communication plays an important role for the formation and stability of cartels. We extend these studies through a design that distinguishes between innocuous communication and communication about a cartel, sanctioning only the latter. To this aim, we introduce a participant in the role of the competition authority, who is properly incentivized to judge communication content and price setting behavior of the firms. Using this novel design, we revisit the question whether a leniency rule successfully destabilizes cartels. In contrast to existing experimental studies, we find that a leniency rule does not affect cartelization. We discuss potential explanations for this contrasting result.}, language = {en} } @techreport{McLachlan2020, type = {Working Paper}, author = {McLachlan, Campbell A}, title = {Populism, the Pandemic \& Prospects for International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {45}, doi = {10.25932/publishup-48347}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-483479}, pages = {31}, year = {2020}, abstract = {Populism has fatally weakened the world's ability to respond to COVID-19, by undermining the capacity of the structures and mechanisms of international law to address the pandemic. The pandemic has exposed as a fallacy a key tenet of populism - to protect the 'people' of a nation from external forces, including international law. In fact international law, through the principle of self-determination, enshrines the ability of peoples to determine their own political organization. But this does not preclude agreement at the international level on matters of common interest to humanity as a whole that require community action. The prevention of infectious disease is just such a case, which states have long agreed could not remain solely the preserve of national polities, but requires a common international response. This paper, placing the current crisis in light of the development of international health law, critically examines the response of key populist governments to COVID-19 in order to address the larger issue of the implications of populism for the fate of international law.}, language = {en} } @techreport{CaliendoCobbClarkObstetal.2020, type = {Working Paper}, author = {Caliendo, Marco and Cobb-Clark, Deborah A. and Obst, Cosima and Uhlendorff, Arne}, title = {Risk Preferences and Training Investments}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {23}, issn = {2628-653X}, doi = {10.25932/publishup-48092}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-480927}, pages = {35}, year = {2020}, abstract = {We analyze workers' risk preferences and training investments. Our conceptual framework differentiates between the investment risk and insurance mechanisms underpinning training decisions. Investment risk leads risk-averse workers to train less; they undertake more training if it insures them against future losses. We use the German Socio-Economic Panel (SOEP) to demonstrate that risk affinity is associated with more training, implying that, on average, investment risks dominate the insurance benefits of training. Crucially, this relationship is evident only for general training; there is no relationship between risk attitudes and specific training. Thus, as expected, risk preferences matter more when skills are transferable - and workers have a vested interest in training outcomes - than when they are not. Finally, we provide evidence that the insurance benefits of training are concentrated among workers with uncertain employment relationships or limited access to public insurance schemes.}, language = {en} } @techreport{Tuebbicke2020, type = {Working Paper}, author = {T{\"u}bbicke, Stefan}, title = {Entropy Balancing for Continuous Treatments}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {21}, issn = {2628-653X}, doi = {10.25932/publishup-47895}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-478950}, pages = {32}, year = {2020}, abstract = {Interest in evaluating the effects of continuous treatments has been on the rise recently. To facilitate the estimation of causal effects in this setting, the present paper introduces entropy balancing for continuous treatments (EBCT) by extending the original entropy balancing methodology of Hainm{\"u}ller (2012). In order to estimate balancing weights, the proposed approach solves a globally convex constrained optimization problem, allowing for much more computationally efficient implementation compared to other available methods. EBCT weights reliably eradicate Pearson correlations between covariates and the continuous treatment variable. This is the case even when other methods based on the generalized propensity score tend to yield insufficient balance due to strong selection into different treatment intensities. Moreover, the optimization procedure is more successful in avoiding extreme weights attached to a single unit. Extensive Monte-Carlo simulations show that treatment effect estimates using EBCT display similar or lower bias and uniformly lower root mean squared error. These properties make EBCT an attractive method for the evaluation of continuous treatments. Software implementation is available for Stata and R.}, language = {en} } @techreport{CaliendoMahlstedtvandenBergetal.2020, type = {Working Paper}, author = {Caliendo, Marco and Mahlstedt, Robert and van den Berg, Gerard J. and Vikstr{\"o}m, Johan}, title = {Side Effects of Labor Market Policies}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {22}, issn = {2628-653X}, doi = {10.25932/publishup-47883}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-478839}, pages = {33}, year = {2020}, abstract = {Labor market policy tools such as training and sanctions are commonly used to help bring workers back to work. By analogy to medical treatments, the individual exposure to these tools may have side effects. We study effects on health using individual-level population registers on labor market events outcomes, drug prescriptions and sickness absence, comparing outcomes before and after exposure to training and sanctions. We find that training improves cardiovascular and mental health and lowers sickness absence. The results suggest that this is not due to improved employment prospects but rather to instantaneous features of participation such as, perhaps, the adoption of a more rigorous daily routine. Unemployment benefits sanctions cause a short-run deterioration of mental health, possibly due higher stress levels, but this tapers out quickly.}, language = {en} } @techreport{Wiener2020, type = {Working Paper}, author = {Wiener, Antje}, title = {Norm(ative) Change in International Relations}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {44}, doi = {10.25932/publishup-47607}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-476076}, pages = {27}, year = {2020}, abstract = {Current contestations of the liberal international order stand in notable contrast with the earlier rise of international law during the post-cold war period. As Krieger and Liese argue, this situation calls for assessment of the type of change that is currently observed, i.e. norm change (Wandel) or a more fundamental transformation of international law - a metamorphosis (Verwandlung)? To address this question, this paper details the bi-focal approach to norms in order to reflect and take account of the complex interrelation between fact-based and value-based conceptions of norms. The paper is organised in three sections. The first section presents three axioms underlying the conceptual framework to study norm(ative) change which are visualised by a triangular operation to analyse this change in relation with practices and norms. The second section recalls three key interests that have guided IR norms research after the return to norms in the late 1980s. They include, first, allocating change in and through practice, second, identifying behavioural change with reference to norm- following, and third, identifying norm(ative) change with reference to discursive practice. The third section presents the two analytical tools of the conceptual frame, namely, the norm-typology and the cycle-grid model. It also indicates how to apply these tools with reference to illustrative case scenarios. The conclusion recalls the key elements of the conceptual framework for research on norm(ative) change in international relations in light of the challenge of establishing sustainable normativity in the global order.}, language = {en} } @techreport{Jorgensen2020, type = {Working Paper}, author = {Jorgensen, Malcolm}, title = {The United States and the International Law of Global Security}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {43}, doi = {10.25932/publishup-47603}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-476030}, pages = {22}, year = {2020}, abstract = {For the United States the 'international law of global security' is, in a unique sense, synonymous with the entire project of constructing global legal order. Uniquely preponderant power enjoyed since the end of the Second World War has allowed US preferences to manifest not merely in specific rules and regimes, but in purposive development of the entire structure of global legal order to favour American security interests. Perceptions of a recent decline in this order now find expression in advocacy for a 'liberal' or 'rules-based' international order, as the claimed foundation for global prosperity and security. This working paper seeks to map out the parameters of US contributions to the global security order by uncovering the strategic and political foundations of its engagement with the international law of global security. The paper begins by reflecting on competing US conceptions of the relationship between national security and global order as they evolved across the twentieth century. The focus then turns to three significant trends defining the contemporary field. First are US attitudes toward multilateral institutions and global security, and the ongoing contest between beliefs that they are mutually reinforcing versus beliefs that US security and global institutions sit in zero-sum opposition. Second is the impact of the generational 'War on Terror', which has yielded more permissive interpretation and development of laws governing the global use of violence. The final trend is that towards competitive geopolitical interests restructuring international law, which are evident across diverse areas ranging from global economics, to cybersecurity, to the fragmentation of global order into spheres of influence. Looking ahead, a confluence of rising geopolitical competitors with divergent legal conceptions, and conflicted domestic support for the legitimacy and desirability of US global leadership, emerge as leading forces already reshaping the global security order.}, language = {en} } @techreport{Baeumler2020, type = {Working Paper}, author = {B{\"a}umler, Jelena}, title = {The WTO's Crisis}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {42}, doi = {10.25932/publishup-47601}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-476017}, pages = {34}, year = {2020}, abstract = {The perception of the WTO is currently one of an organisation in crisis. Yet, appraisal varies regarding its extent and seriousness: Is it merely a rough time or are we standing on the edge of destruction? The article will trace developments inside as well as outside the WTO in order to assess the magnitude of the crisis. It will be argued that while certain developments inside the organisation, when seen in accumulation would already warrant serious attention, only together with developments taking place outside of the WTO, the two strands of developments unfold their full potential for the crisis. The overall situation renders the WTO in a difficult position, as it is currently unable to adapt to these challenges, while keeping calm and carrying on might similarly further the crisis. While States might improve and further develop their trade relations in bi- and plurilateral agreements, it is only the WTO that reflects and stands for the multilateral post (cold) war order.}, language = {en} } @techreport{Gulati2020, type = {Working Paper}, author = {Gulati, Rishi}, title = {Judicial Independence at International Courts and Tribunals}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {41}, doi = {10.25932/publishup-47599}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-475997}, pages = {32}, year = {2020}, abstract = {The guarantee of judicial independence is undoubtedly one of the most important institutional design features of international courts and tribunals. An independence deficit can adversely impact a court's authority, create a crisis of legitimacy, and undermine the very effectiveness of an international court or tribunal. It can hardly be denied that for an international court to be considered legitimate, a basic degree of independence is a must. An independent judiciary is a precondition to the fair and just resolution of legal disputes. In the context of interstate dispute settlement where the jurisdiction of courts is based on the principle of consent, in the absence of a basic degree of judicial independence, states may not be willing to submit to the jurisdiction of international courts. Comparing and contrasting the International Court of Justice and the Appellate Body of the World Trade Organisation, I assess whether those international judicial mechanisms possess the basic degree of independence required for a court to be able to maintain its credibility so that it can continue to perform its core function of adjudicating interstate disputes. With both those interstate adjudicative bodies constituting the two leading international courts in terms of participation and the sheer number of cases decided, much may be learned from comparing them. I argue there is a case for bolstering the independence of the ICJ; and without immediate reforms to the Appellate Body's institutional design, its recent demise may become permanent. I conclude that if a basic degree of judicial independence cannot be guaranteed, it is preferable to let a court vanish for a while than to maintain a significantly deficient one.}, language = {en} } @techreport{BarkholdtReiners2019, type = {Working Paper}, author = {Barkholdt, Janina and Reiners, Nina}, title = {Pronouncements of Expert Treaty Bodies}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {40}, doi = {10.25932/publishup-47588}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-475886}, pages = {26}, year = {2019}, abstract = {While some pronouncements of expert treaty bodies have been considered 'key catalysts' for the development of international human rights law, others are only selectively referred to in legal practice. This article argues that the varying normative impact is due to the informal character of pronouncements. In the absence of treaty provisions specifying their legal effect, practitioners tend to rely on different factors and arguments when either drawing on or rejecting certain pronouncements. Scholars in turn face difficulties when trying to identify explanatory patterns within this diverging practice as the informal character confronts both international lawyers and international relations scholars with their respective methodological 'blind spots'. In light of these intradisciplinary challenges, this article explores the extent as to which an interdisciplinary approach helps to assess the reasons for the varying impact of pronouncements. After analysing the factors determining their legal significance on the basis of State practice and the academic debate, this article identifies the drafting process as a factor which promises to be particularly insightful when explored from an interdisciplinary perspective and sketches out a framework for future research.}, language = {en} } @techreport{BruttelGuethNithammeretal.2020, type = {Working Paper}, author = {Bruttel, Lisa Verena and G{\"u}th, Werner and Nithammer, Juri and Orland, Andreas}, title = {Inefficient Cooperation under Stochastic and Strategic Uncertainty}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {20}, issn = {2628-653X}, doi = {10.25932/publishup-47550}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-475500}, year = {2020}, abstract = {Stochastic uncertainty can cause difficult coordination problems that may hinder mutually beneficial cooperation. We propose a mechanism of ex-post voluntary transfers designed to circumvent these coordination problems and ask whether it can do so. To test this, we implement a controlled laboratory experiment based on a repeatedly played Ultimatum Game with a stochastic endowment. Contrary to our hypothesis, we find that allowing voluntary transfers does not entail an efficiency increase. We suggest and analyze two main reasons for this finding: First, the stochastic uncertainty forces proposers to accept high strategic uncertainty if they intend to cooperate by claiming a low amount (which many proposers do not). Second, many responders behave only incompletely conditionally cooperative by transferring too little (which hinders cooperation in future periods).}, language = {en} } @techreport{AndresBruttelFriedrichsen2020, type = {Working Paper}, author = {Andres, Maximilian and Bruttel, Lisa Verena and Friedrichsen, Jana}, title = {Choosing between explicit cartel formation and tacit collusion - An experiment}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {19}, issn = {2628-653X}, doi = {10.25932/publishup-47388}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-473885}, pages = {55}, year = {2020}, abstract = {Numerous studies investigate which sanctioning institutions prevent cartel formation but little is known as to how these sanctions work. We contribute to understanding the inner workings of cartels by studying experimentally the effect of sanctioning institutions on firms' communication. Using machine learning to organize the chat communication into topics, we find that firms are significantly less likely to communicate explicitly about price fixing when sanctioning institutions are present. At the same time, average prices are lower when communication is less explicit. A mediation analysis suggests that sanctions are effective in hindering cartel formation not only because they introduce a risk of being fined but also by reducing the prevalence of explicit price communication.}, language = {en} } @techreport{CaliendoHennecke2020, type = {Working Paper}, author = {Caliendo, Marco and Hennecke, Juliane}, title = {Drinking is Different!}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {18}, issn = {2628-653X}, doi = {10.25932/publishup-46979}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-469790}, year = {2020}, abstract = {Unhealthy behavior can be extremely costly from a micro- and macroeconomic perspective and exploring the determinants of such behavior is highly important from an economist's point of view. We examine whether locus of control (LOC) can explain alcohol consumption as an important domain of health behavior. LOC measures how much an individual believes that she is in control of the consequences of her own actions for her life's future outcomes. While earlier literature showed that an increasing internal LOC is associated with increased health-conscious behavior in domains such as smoking, exercise or diets, we find that drinking seems to be different. Using German panel data from the Socio-Economic Panel (SOEP) we find a significant positive effect of having an internal LOC on the probability of moderate and regular drinking. We suggest and discuss two likely mechanisms for this relationship and find interesting gender differences. While social investments play an important role for both men and women, risk perceptions are especially relevant for men.}, language = {en} } @techreport{BruttelGuethHertwigetal.2020, type = {Working Paper}, author = {Bruttel, Lisa Verena and G{\"u}th, Werner and Hertwig, Ralph and Orland, Andreas}, title = {Do people harness deliberate ignorance to avoid envy and its detrimental effects?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {17}, issn = {2628-653X}, doi = {10.25932/publishup-44446}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-444463}, year = {2020}, abstract = {Envy is an unpleasant emotion. If individuals anticipate that comparing their payoff with the (potentially higher) payoff of others will make them envious, they may want to actively avoid information about other people's payoffs. Given the opportunity to reduce another person's payoff, an individual's envy may trigger behavior that is detrimental to welfare. In this case, if individuals anticipate that they will react in a welfare-reducing way, they may also avoid information about other people's payoffs from the outset. We investigated these two hypotheses using three experiments. We found that 13\% of our potentially envious subjects avoided information when they did not have the opportunity to reduce another participant's payoff. Psychological scales do not explain this behavior. We also found that voluntarily uninformed subjects did neither deduct less of the payoff nor less frequently than subjects who could not avoid the information.}, language = {en} } @techreport{AharonBrillFonsecaetal.2020, type = {Working Paper}, author = {Aharon, Itzik and Brill, Antonia and Fonseca, Philip and Vandchali, Azin Alizadeh and Wendel, Nina}, title = {The Protection of Women Human Rights Defenders and their Collective Actions}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {10}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, doi = {10.25932/publishup-44427}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-444278}, pages = {12}, year = {2020}, abstract = {This paper evaluates the construction of the rights of human rights defenders within international law and its shortcomings in protecting women. Human rights defenders have historically been defined on the basis of their actions as defenders. However, as Marxist-feminist scholar Silvia Federici contends, women are inherently politicised and, moreover, face obstacles to political action which are invisible to and untouchable by the law. Labour rights set an example of handling such a disadvantaged political position by placing vital importance on workers' right to association and collective action. The paper closes with the suggestion that transposing this construction of rights to women would better protect women as human rights defenders while emphasising their capacity for self-determination in their political actions.}, language = {en} } @techreport{FrodermannWrohlichZucco2020, type = {Working Paper}, author = {Frodermann, Corinna and Wrohlich, Katharina and Zucco, Aline}, title = {Parental Leave Reform and Long-run Earnings of Mothers}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {16}, issn = {2628-653X}, doi = {10.25932/publishup-44318}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-443188}, pages = {44}, year = {2020}, abstract = {Paid parental leave schemes have been shown to increase women's employment rates but decrease their wages in case of extended leave durations. In view of these potential trade-offs, many countries are discussing the optimal design of parental leave policies. We analyze the impact of a major parental leave reform on mothers' long-term earnings. The 2007 German parental leave reform replaced a means-tested benefit with a more generous earnings-related benefit that is granted for a shorter period of time. Additionally, a "daddy quota" of two months was introduced. To identify the causal effect of this policy on long-run earnings of mothers, we use a difference-in-difference approach that compares labor market outcomes of mothers who gave birth just before and right after the reform and nets out seasonal effects by including the year before. Using administrative social security data, we confirm previous findings and show that the average duration of employment interruptions increased for high-income mothers. Nevertheless, we find a positive long-run effect on earnings for mothers in this group. This effect cannot be explained by changes in working hours, observed characteristics, changes in employer stability or fertility patterns. Descriptive evidence suggests that the stronger involvement of fathers, incentivized by the "daddy months", could have facilitated mothers' re-entry into the labor market and thereby increased earnings. For mothers with low prior-to-birth earnings, however, we do not find any beneficial labor market effects of this parental leave reform.}, language = {en} } @techreport{GallegoGranadosWrohlich2020, type = {Working Paper}, author = {Gallego Granados, Patricia and Wrohlich, Katharina}, title = {Selection into Employment and the Gender Wage Gap across the Distribution and Over Time}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {15}, issn = {2628-653X}, doi = {10.25932/publishup-44169}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-441691}, year = {2020}, abstract = {Using quantile regression methods, this paper analyses the gender wage gap across the wage distribution and over time (1990-2014), while controlling for changing sample selection into full-time employment. Our findings show that the selection-corrected gender wage gap is much larger than the one observed in the data, which is mainly due to large positive selection of women into full-time employment. However, we show that selection-corrected wages of male and female workers at the lower half of the distribution have moderately converged over time. The reason for this development have been changes in the composition of the male full-time employment force over time, which in spite of the rather constant male full-time employment rate, have given place to a small but rising selection bias in male observed wages. In the upper half of the wage distribution, however, neither the observed nor the selection-corrected gender wage gap has narrowed over time.}, language = {en} } @techreport{CaliendoTuebbicke2019, type = {Working Paper}, author = {Caliendo, Marco and T{\"u}bbicke, Stefan}, title = {Do Start-Up Subsidies for the Unemployed Affect Participants' Well-Being?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {14}, issn = {2628-653X}, doi = {10.25932/publishup-43746}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-437468}, pages = {47}, year = {2019}, abstract = {We estimate the long-term effects of start-up subsidies (SUS) for the unemployed on subjective outcome indicators of well-being, as measured by the participants' satisfaction in different domains. This extends previous analyses of the current German SUS program ("Gr{\"u}ndungszuschuss") that focused on objective outcomes - such as employment and income - and allows us to make a more complete judgment about the overall effects of SUS at the individual level. This is especially important because subsidizing the transition into self-employment may have unintended adverse effects on participants' well-being due to its risky nature and lower social security protection, especially in the long run. Having access to linked administrative-survey data providing us with rich information on pre-treatment characteristics, we base our analysis on the conditional independence assumption and use propensity score matching to estimate causal effects within the potential outcomes framework. We find long-term positive effects on job satisfaction but negative effects on individuals' satisfaction with their social security situation. Further findings suggest that the negative effect on satisfaction with social security may be driven by negative effects on unemployment and retirement insurance coverage. Our heterogeneity analysis reveals substantial variation in effects across gender, age groups and skill levels. The sensitivity analyses show that these findings are highly robust.}, language = {en} } @techreport{CaliendoFossenKritikos2019, type = {Working Paper}, author = {Caliendo, Marco and Fossen, Frank M. and Kritikos, Alexander}, title = {What Makes an Employer?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {13}, issn = {2628-653X}, doi = {10.25932/publishup-43736}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-437360}, year = {2019}, abstract = {As the policy debate on entrepreneurship increasingly centers on firm growth in terms of job creation, it is important to better understand which variables influence the first hiring decision and which ones influence the subsequent survival as an employer. Using the German Socio-economic Panel (SOEP), we analyze what role individual characteristics of entrepreneurs play in sustainable job creation. While human and social capital variables positively influence the hiring decision and the survival as an employer in the same direction, we show that none of the personality traits affect the two outcomes in the same way. Some traits are only relevant for survival as an employer but do not influence the hiring decision, other traits even unfold a revolving door effect, in the sense that employers tend to fail due to the same characteristics that positively influenced their hiring decision.}, language = {en} } @techreport{KriegerPueschmann2019, type = {Working Paper}, author = {Krieger, Heike and P{\"u}schmann, Jonas}, title = {Securing of Resources as a Valid Reason for Using Force?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {31}, doi = {10.25932/publishup-43573}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435738}, pages = {24}, year = {2019}, abstract = {A growing demand for natural resources embedded in current changes of the international order will put pressure on states to secure the future availability of these resources. Some political discourses suggest that states might respond by challenging the foundations of international law. Whereas the UN Charter was inter alia aimed at eliminating uses of force for economic reasons, one may observe an on-going trend of securitization of matters of resource supply resulting into the revival of self-preservation doctrines. The chapter will show that those claims lack a normative foundation in the current framework of the prohibition of the use of force. Moreover, international law has sufficient instruments to cope with disputes over access to resources by other means than the use of force. The international community, therefore, must oppose claims that may contribute to normative uncertainties and strengthen already existing instruments of pacific settlement of disputes.}, language = {en} } @techreport{Jo2019, type = {Working Paper}, author = {Jo, Hyeran}, title = {Rise and Decline of International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {39}, doi = {10.25932/publishup-43590}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435900}, pages = {20}, year = {2019}, abstract = {This paper assesses the rise and decline of international rule of law in the case of non-state armed actors. Both signs of rise and signs of decline of international rule of law show in the case of non- state armed actors. Signs of rise include the expansion of coverage of international humanitarian law (IHL) and international criminal law, as well as international legal argumentation and rhetoric made by non-state armed groups. Some non-state armed actors express that they are governed by IHL in public statements or bilateral agreements with international actors, partly acknowledging universality of international humanitarian norms, and sometimes act as such. Signs of decline in the international rule of law also show - although some of them can be seen as business-as-usual - privileging of military advantage, instrumental use of international law (as justification and local interpretations), as well as conflicting understanding of IHL between local and global norms. The multiplicity of non-state actors also portends the decline of international rule of law, with the proliferation of many non-organized groups without legitimacy-seeking motivations.}, language = {en} } @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{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{CaliendoKuennWeissenberger2019, type = {Working Paper}, author = {Caliendo, Marco and K{\"u}nn, Steffen and Weißenberger, Martin}, title = {Catching up or Lagging Behind?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {12}, issn = {2628-653X}, doi = {10.25932/publishup-43701}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-437012}, year = {2019}, abstract = {From an active labor market policy perspective, start-up subsidies for unemployed individuals are very effective in improving long-term labor market outcomes for participants. From a business perspective, however, the assessment of these public programs is less clear since they might attract individuals with low entrepreneurial abilities and produce businesses with low survival rates and little contribution to job creation, economic growth, and innovation. In this paper, we use a rich data set to compare participants of a German start-up subsidy program for unemployed individuals to a group of regular founders who started from nonunemployment and did not receive the subsidy. The data allows us to analyze their business performance up until 40 months after business formation. We find that formerly subsidized founders lag behind not only in survival and job creation, but especially also in innovation activities. The gaps in these business outcomes are relatively constant or even widening over time. Hence, we do not see any indication of catching up in the longer run. While the gap in survival can be entirely explained by initial differences in observable start-up characteristics, the gap in business development remains and seems to be the result of restricted access to capital as well as differential business strategies and dynamics. Considering these conflicting results for the assessment of the subsidy program from an ALMP and business perspective, policy makers need to carefully weigh the costs and benefits of such a strategy to find the right policy mix.}, 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{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{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{Kulaga2019, type = {Working Paper}, author = {Kulaga, Julian}, title = {A Renaissance of the Doctrine of Rebus Sic Stantibus?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {32}, doi = {10.25932/publishup-43578}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435788}, pages = {21}, year = {2019}, abstract = {Once the "popular plaything of Realpolitiker" the doctrine of rebus sic stantibus post the 1969 VCLT is often described as an objective rule by which, on grounds of equity and justice, a fundamental change of circumstances may be invoked as a ground for termination. Yet recent practice from States such as Ecuador, Russia, Denmark and the United Kingdom suggests that it is returning with a new livery. They point to an understanding based on vital States' interests--a view popular among scholars such as Erich Kaufmann at the beginning of the last century.}, 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} } @techreport{CaliendoGoethnerWeissenberger2019, type = {Working Paper}, author = {Caliendo, Marco and Goethner, Maximilian and Weißenberger, Martin}, title = {Entrepreneurial Persistence Beyond Survival: Measurement and Determinants}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {11}, issn = {2628-653X}, doi = {10.25932/publishup-43456}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-434563}, year = {2019}, abstract = {Entrepreneurial persistence is demonstrated by an entrepreneur's continued positive maintenance of entrepreneurial motivation and constantly-renewed active engagement in a new business venture despite counter forces or enticing alternatives. It is thus a crucial factor for entrepreneurs when pursuing and exploiting their business opportunities and to realize potential economic gains and benefits. Using rich data on a representative sample of German business founders, we investigate the determinants of entrepreneurial persistence. Next to observed survival we also construct a hybrid persistence measure capturing also the motivational dimension of persistence. We analyze the influence of individual-level (human capital and personality) and business-related characteristics on both measures as well as their relative importance. We find that the two indicators emphasize different aspects of persistence. For the survival indicator, the predictive power is concentrated in business characteristics and human capital, while for hybrid persistence, the dominant factors are business characteristics and personality. Finally, we show that results are heterogeneous across subgroups. In particular, formerly-unemployed founders do not differ in survival chances, but they are more likely to lack a high psychological commitment to their business ventures.}, language = {en} } @techreport{BruttelFelgendreherGuethetal.2019, type = {Working Paper}, author = {Bruttel, Lisa Verena and Felgendreher, Simon and G{\"u}th, Werner and Hertwig, Ralph}, title = {Strategic ignorance in repeated prisoners' dilemma experiments and its effects on the dynamics of voluntary cooperation}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {10}, issn = {2628-653X}, doi = {10.25932/publishup-43188}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-431881}, pages = {30}, year = {2019}, abstract = {Being ignorant of key aspects of a strategic interaction can represent an advantage rather than a handicap. We study one particular context in which ignorance can be beneficial: iterated strategic interactions in which voluntary cooperation may be sustained into the final round if players voluntarily forego knowledge about the time horizon. We experimentally examine this option to remain ignorant about the time horizon in a finitely repeated two-person prisoners' dilemma game. We confirm that pairs without horizon knowledge avoid the drop in cooperation that otherwise occurs toward the end of the game. However, this effect is superposed by cooperation declining more rapidly in pairs without horizon knowledge during the middle phase of the game, especially if players do not know that the other player also wanted to remain ignorant of the time horizon.}, 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} } @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{BorckSchrauth2019, type = {Working Paper}, author = {Borck, Rainald and Schrauth, Philipp}, title = {Population density and urban air quality}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {8}, issn = {2628-653X}, doi = {10.25932/publishup-42771}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427719}, pages = {53}, year = {2019}, abstract = {We use panel data from Germany to analyze the effect of population density on urban air pollution (nitrogen oxides, particulate matter and ozone). To address unobserved heterogeneity and omitted variables, we present long difference/fixed effects estimates and instrumental variables estimates, using historical population and soil quality as instruments. Our preferred estimates imply that a one-standard deviation increase in population density increases air pollution by 3-12\%.}, language = {en} } @techreport{BruttelNithammerStolley2019, type = {Working Paper}, author = {Bruttel, Lisa Verena and Nithammer, Juri and Stolley, Florian}, title = {"Thanks in Advance"}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {7}, issn = {2628-653X}, doi = {10.25932/publishup-42770}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427706}, pages = {18}, year = {2019}, abstract = {This paper studies the effect of the commonly used phrase "thanks in advance" on compliance with a small request. In a controlled laboratory experiment we ask participants to give a detailed answer to an open question. The treatment variable is whether or not they see the phrase "thanks in advance." Our participants react to the treatment by exerting less effort in answering the request even though they perceive the phrase as polite.}, language = {en} } @techreport{CaliendoTuebbicke2019, type = {Working Paper}, author = {Caliendo, Marco and T{\"u}bbicke, Stefan}, title = {New Evidence on Long-Term Effects of Start-Up Subsidies}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {6}, issn = {2628-653X}, doi = {10.25932/publishup-42679}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-426798}, pages = {41}, year = {2019}, abstract = {The German start-up subsidy (SUS) program for the unemployed has recently undergone a major make-over, altering its institutional setup, adding an additional layer of selection and leading to ambiguous predictions of the program's effectiveness. Using propensity score matching (PSM) as our main empirical approach, we provide estimates of long-term effects of the post-reform subsidy on individual employment prospects and labor market earnings up to 40 months after entering the program. Our results suggest large and persistent long-term effects of the subsidy on employment probabilities and net earned income. These effects are larger than what was estimated for the pre-reform program. Extensive sensitivity analyses within the standard PSM framework reveal that the results are robust to different choices regarding the implementation of the weighting procedure and also with respect to deviations from the conditional independence assumption. As a further assessment of the results' sensitivity, we go beyond the standard selection-on-observables approach and employ an instrumental variable setup using regional variation in the likelihood of receiving treatment. Here, we exploit the fact that the reform increased the discretionary power of local employment agencies in allocating active labor market policy funds, allowing us to obtain a measure of local preferences for SUS as the program of choice. The results based on this approach give rise to similar estimates. Thus, our results indicating that SUS are still an effective active labor market program after the reform do not appear to be driven by "hidden bias".}, language = {en} } @techreport{Bruttel2019, type = {Working Paper}, author = {Bruttel, Lisa Verena}, title = {Is There a Loyalty-Enhancing Effect of Retroactive Price-Reduction Schemes?}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {5}, issn = {2628-653X}, doi = {10.25932/publishup-42768}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427688}, pages = {25}, year = {2019}, abstract = {This paper presents an experiment on the effect of retroactive price-reduction schemes on buyers' repeated purchase decisions. Such schemes promise buyers a reduced price for all units that are bought in a certain time frame if the total quantity that is purchased passes a given threshold. This study finds a loyalty-enhancing effect of retroactive price-reduction schemes only if the buyers ex-ante expected that entering into the scheme would maximize their monetary gain, but later learn that they should leave the scheme. Furthermore, the effect crucially hinges on the framing of the price reduction.}, language = {en} } @techreport{AudretschHafensteinKritikosetal.2019, type = {Working Paper}, author = {Audretsch, David B. and Hafenstein, Marian and Kritikos, Alexander and Schiersch, Alexander}, title = {Firm Size and Innovation in the Service Sector}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {4}, issn = {2628-653X}, doi = {10.25932/publishup-42767}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427670}, pages = {46}, year = {2019}, abstract = {A rich literature links knowledge inputs with innovative outputs. However, most of what is known is restricted to manufacturing. This paper analyzes whether the three aspects involving innovative activity - R\&D; innovative output; and productivity - hold for knowledge intensive services. Combining the models of Crepon et al. (1998) and of Ackerberg et al. (2015), allows for causal interpretation of the relationship between innovation output and labor productivity. We find that knowledge intensive services benefit from innovation activities in the sense that these activities causally increase their labor productivity. Moreover, the firm size advantage found for manufacturing in previous studies nearly disappears for knowledge intensive services.}, 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{BruttelStolleyUtikal2019, type = {Working Paper}, author = {Bruttel, Lisa Verena and Stolley, Florian and Utikal, Verena}, title = {Getting a Yes}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {2}, issn = {2628-653X}, doi = {10.25932/publishup-42763}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-427638}, year = {2019}, abstract = {This paper studies how the request for a favor has to be devised in order to maximize its chance of success. We present results from a mini-dictator game, in which the recipient can send a free-form text message to the dictator before the latter decides. We find that putting effort into the message, writing in a humorous way and mentioning reasons why the money is needed pays off. Additionally, we find differences in the behavior of male and female dictators. Only men react positively to efficiency arguments, while only women react to messages that emphasize the dictator's power and responsibility.}, language = {en} } @techreport{CaliendoSchroederWittbrodt2019, type = {Working Paper}, author = {Caliendo, Marco and Schr{\"o}der, Carsten and Wittbrodt, Linda}, title = {The Causal Effects of the Minimum Wage Introduction in Germany}, series = {CEPA Discussion Papers}, journal = {CEPA Discussion Papers}, number = {1}, issn = {2628-653X}, doi = {10.25932/publishup-42692}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-426929}, year = {2019}, abstract = {In 2015, Germany introduced a statutory hourly minimum wage that was not only universally binding but also set at a relatively high level. We discuss the short-run effects of this new minimum wage on a wide set of socio-economic outcomes, such as employment and working hours, earnings and wage inequality, dependent and self-employment, as well as reservation wages and satisfaction. We also discuss difficulties in the implementation of the minimum wage and the measurement of its effects related to non-compliance and suitability of data sources. Two years after the minimum wage introduction, the following conclusions can be drawn: while hourly wages increased for low-wage earners, some small negative employment effects are also identifiable. The effects on aspired goals, such as poverty and inequality reduction, have not materialized in the short run. Instead, a tendency to reduce working hours is found, which alleviates the desired positive impact on monthly income. Additionally, the level of non-compliance was substantial in the short run, thus drawing attention to problems when implementing such a wide-reaching policy.}, language = {en} } @techreport{Krieger2019, type = {Working Paper}, author = {Krieger, Heike}, title = {Populist governments and international law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {29}, doi = {10.25932/publishup-42686}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-426863}, pages = {29}, year = {2019}, abstract = {The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of nonintervention and foreign funding for NGOs.}, language = {en} } @techreport{McLachlan2019, type = {Working Paper}, author = {McLachlan, Campbell}, title = {The assault on international adjudication and the limits of withdrawal}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {28}, doi = {10.25932/publishup-42685}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-426855}, pages = {38}, year = {2019}, abstract = {International adjudication is currently under assault, encouraging a number of States to withdraw, or to consider withdrawing, from treaties providing for international dispute settlement. This Working Paper argues that the act of treaty withdrawal is not merely as the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. The arguments advanced against international adjudication in the name of popular democracy at the national level can serve as a cloak for the exercise of executive power unrestrained by law. The submission by States of their disputes to peaceful settlement through international adjudication is central, not incidental, to the successful operation of the international legal system.}, language = {en} } @techreport{KriegerLiese2019, type = {Working Paper}, author = {Krieger, Heike and Liese, Andrea Margit}, title = {A Metamorphosis of International Law?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {27}, doi = {10.25932/publishup-42608}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-426088}, pages = {26}, year = {2019}, abstract = {The paper aims to lay out a framework for evaluating value shifts in the international legal order for the purposes of a forthcoming book. In view of current contestations it asks whether we are observing yet another period of norm change (Wandel) or even a more fundamental transformation of international law - a metamorphosis (Verwandlung). For this purpose it suggests to look into the mechanisms of how norms change from the perspective of legal and political science and also to approximate a reference point where change turns into metamorphosis. It submits that such a point may be reached where specific legally protected values are indeed changing (change of legal values) or where the very idea of protecting certain values through law is renounced (delegalizing of values). The paper discusses the benefits of such an interdisciplinary exchange and tries to identify differences and commonalities among both disciplinary perspectives.}, language = {en} } @techreport{LetsiouHaeuslerBeckenkampRoethlisberger2019, type = {Working Paper}, author = {Letsiou H{\"a}usler, Anna and Beckenkamp, Nicolas and R{\"o}thlisberger, Livia}, title = {New Dimensions of an Old Dilemma}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {7}, editor = {Weiß, Norman}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, doi = {10.25932/publishup-42486}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-424869}, year = {2019}, abstract = {Unfolding the history of one of the oldest human val-ues, the freedom of expression, while defining its limits, is a complicated task. Does freedom stop where hate starts? This very old dilemma is -now more than ever before- revealing new dimensions. Politicians and new laws aim at regulating free expression, while disagree-ments over such regulation gradually become a source of endless conflict in newly formed multicultural, inter-connected, and digitized societies. The example of the Network Enforcement Act is used to understand the idea of restrictive legal practices in Germany, but also to enlighten the fact that law is a human construction which was created in order to regulate communication among individuals. Alternative practices, to straight legal ones, are summarized to show other dimensions of regulating hate speech without involving top-down approaches. The article proposes the approach of re-storative justice as a combination of legal and medita-tive practices in cases of hate speech. One advantage of the restorative justice approach elaborated in this arti-cle is the potential to remedy the inner hate and the pain, both of the victim and perpetrator. Finally, reveal-ing parts of history and new aspects of the 'hate speech-puzzle', leads to a questioning of contemporary social structures that possibly generate hate itself.}, 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{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{Kleinlein2018, type = {Working Paper}, author = {Kleinlein, Thomas}, title = {Matters of Interpretation}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {24}, issn = {2509-3770}, doi = {10.25932/publishup-42287}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422871}, pages = {22}, year = {2018}, abstract = {This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: 'Formal' norm change is a matter of the doctrine of sources. International law can also change 'informally' through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.}, language = {en} } @techreport{Kahombo2018, type = {Working Paper}, author = {Kahombo, Balingene}, title = {The Peace and Security Council of the African Union}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {23}, issn = {2509-3770}, doi = {10.25932/publishup-42286}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422864}, pages = {28}, year = {2018}, abstract = {This paper assesses, both quantitatively and qualitatively, the work of the Peace and Security Council (PSC) of the African Union (AU) with respect to peace support operations. It seeks to know whether the establishment of the PSC in 2002 is leading or has led to a rise or a decline of collective security in Africa. It is demonstrated that in regard to its relative legal and institutional robustness, the PSC can be perceived as a rise of collective security compared with its predecessor, the Central Organ of the Organisation of African Unity (OAU). However, it stagnates in terms of quantity and quality of actions on the ground. The main problem lies in the lack of sufficient operational autonomy from member states and international partners, such as the United Nations. Therefore, the PSC's contribution to the maintenance of peace and security, and so the rise of the international rule of law in Africa is limited. The continent is still a war-torn region, affected by political crises and the expansion of terrorism in many countries. To solve this problem, AU member states should strengthen the PSC's capacity, starting with the quick operationalisation of the African Standby Force. The implementation of the 2016 decision on alternative sources of financing AU's institutions and activities is also a priority. In this regard, the political will of African states that may show that they want to take their organisation more seriously is required. This can further the AU self-reliance policy in collective security though the promotion of African solutions to African problems, and reduce the burden of the United Nations and other non-African actors' interventions in the continent.}, language = {en} } @techreport{Berman2018, type = {Working Paper}, author = {Berman, Franklin}, title = {Authority in International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {22}, issn = {2509-3770}, doi = {10.25932/publishup-42284}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422843}, pages = {21}, year = {2018}, abstract = {The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. Without central authority, authoritativenes in international law must always be earned which is also the reason for the lack of an hierarchical order between as well as within judicial pronouncements and learned writings though the former are usually more likely to fulfil the criteria of authoritativeness. In both cases, however, previously acquired reputation of a court or even an individual judge as well as of a learned writer can create a presumption of authoritativeness. On a more general level, the author concludes with a call for a more careful differentiation between the determination of law and its application. Putting the issue discussed into perspective, the author argues that situations of law determination arise, contrary to common understanding, in fact far less often than situations of law application.}, language = {en} } @techreport{Jorgensen2018, type = {Working Paper}, author = {Jorgensen, Malcolm}, title = {Equilibrium \& Fragmentation in the International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, issn = {2509-3770}, doi = {10.25932/publishup-42282}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422829}, pages = {39}, year = {2018}, abstract = {Seeming consensus has formed among legal scholars and practitioners that a rising China seeks changes in rules and institutions of international law. Yet, attendant accounts of how such changes may and already do restructure global legal order remain relatively underdeveloped. An observed rise in the international rule of law during immediate post-Cold War years has now been disrupted by a confluence of regional shifts in geopolitical power and contestation of law's normative foundations by newly empowered states. In these circumstances, advocates for stability and continuity in variations of the "liberal international order" or "rules-based order" have sought to defend the authority and resilience of universally defined international legal norms against various regional challenges to the boundary between law and politics. Yet, as both global power and universal conceptions of law fragment, so too will the presumed equilibrium between international law's political and normative foundations. Signs of fragmentation are now conspicuously playing out in East and Southeast Asia, where the relative rise of China is amplified by alternative Chinese conceptions of foundations and purposes of global legal order. This working paper introduces the concept of "geolegal power" to describe the competitive logic of a territorially bounded leading state restructuring interpretation and development of legal rules and institutions, which is emerging more explicitly within regional subsystems. Fragmentation of the international rule of law by a rising Chinese "geolegal order" is demonstrated by contested maritime rules in three key areas: freedom of navigation; third-party and judicial settlement; and, territorial claims under UNCLOS. Evidence that China is carving out an effective subsystem of rules designated as "law" in the most consequential of security and geopolitical domains poses a critical challenge to the structure of a unified and universal system of international law. Legal scholars and practitioners must better grasp reconfiguring foundations of international law in order to address rising orders of "geolegal power", in which the regional meaning and operation of law is no longer reconcilable within the terms of an "international" rule of law.}, language = {en} } @techreport{Palchetti2018, type = {Working Paper}, author = {Palchetti, Paolo}, title = {International Law and National Perspective in a Time of Globalization}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {20}, issn = {2509-3770}, doi = {10.25932/publishup-42281}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422818}, pages = {17}, year = {2018}, abstract = {The present study aims at identifying the main trends in Italian international legal scholarship from 1990 onward. After a brief appraisal of the current situation within the Italian community of international law scholars, it will first focus on the methods and fields of interest of the most recent scholarship. Then, an attempt at contextualization will be made, by offering a brief overview of some current trends in international legal scholarship outside Italy and comparing these trends with the recent developments in Italian scholarship. In conclusion, it will be argued that, despite the greater fluidity of national identities, the persistence of common features still appears to characterize the Italian scholarship of international law. A long, deeply rooted and culturally rich tradition of studies in international law, the use of the Italian language, the dimension of the community as well as the presence of lively scientific institutions, are factors that, taken together, appear to favor a phenomenon of reproduction and perpetuation of certain common patterns of thought, thereby preserving the existence of a national perspective.}, language = {en} } @techreport{Lange2018, type = {Working Paper}, author = {Lange, Felix}, title = {Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {18}, issn = {2509-3770}, doi = {10.25932/publishup-42251}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422510}, pages = {23}, year = {2018}, abstract = {The genesis of the jus cogens doctrine in international law for long has been associated with a turn to a more value-laden international law after the Second World War promoted by British rapporteurs in the International Law Commission. This paper builds on this narrative but adds two seemingly contradictory story lines. In the 1920s and 1930s German-speaking international legal scholars like Alfred Verdross developed the concept as a tool to renounce the disliked Paris Peace Treaties in the context of more and more aggressive German revision policies. Furthermore, after 1945 Soviet thinkers of the Khrushchev era used jus cogens to criticize Western economic and military integration, while newly independent states regarded the concept as a promising vehicle for distancing themselves from traditional Western international legal notions in the era of decolonization. Hence, instead of embracing a progress narrative, a dark sides-account or a contributionist reading of the history of international law, this paper highlights the multifaceted origins of the jus cogens doctrine.}, language = {en} } @techreport{Baade2018, type = {Working Paper}, author = {Baade, Bj{\"o}rnstjern}, title = {Fake News and International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {18}, issn = {2509-3770}, doi = {10.25932/publishup-42238}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422383}, pages = {23}, year = {2018}, abstract = {In light of current efforts at addressing the dangers of fake news, this article will revisit the international law relevant to the phenomenon, in particular the prohibition of intervention, the 1936 International Convention on the Use of Broadcasting in the Cause of Peace, and the 1953 Convention on the International Right of Correction. It will be argued that important lessons can be learned from the League of Nations' (LON) efforts in the interwar period and the UN's activities in the immediate post-WWII era, while taking into account the new challenges that arise from modern communication technology. Taking up the LON's and UN's distinction between false and distorted news, the international legal framework will be tested, in particular, against the coverage of the 2016 'Lisa case' by Russian Government-funded media. This coverage is widely considered to be fake news aimed at destabilizing Germany's society and institutions. The article argues that false news can be subject to repressive regulation in a sensible manner. Distorted news, however, will have to be tolerated legally, since prohibitions in this regard would be too prone to abuse. A free and pluralist media, complemented by an appropriate governmental information policy, remains the best answer to fake news in all its forms. Due diligence obligations to fact-check, transparency, and remedies that are effective despite difficulties in attribution, and despite a lack of universal acceptance, could likewise be conducive.}, language = {en} } @techreport{Burchardt2018, type = {Working Paper}, author = {Burchardt, Dana}, title = {The Functions of Law and Their Challenges}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {17}, issn = {2509-3770}, doi = {10.25932/publishup-42231}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422318}, pages = {29}, year = {2018}, abstract = {This paper illustrates the functional and conceptual variances of law in different contexts. Whereas legal actors on the international level might normatively aim for law to have a similar effect to that of domestic law, the way in which international and supranational law can fulfil these potential functions is different. Accordingly, this paper argues that an awareness with regard to the particularities and challenges that the potential functions of law encounter in the international and supranational context is needed. Moreover, it suggests an analytical lens to conceptually frame and locate current developments, offering a broader perspective on, or even an element of explication for, the apparent crisis that law is currently facing on the international and supranational scale. After describing the potential functions of law on an abstract scale and grouping them into analytical categories, the paper uses these categories as a lens in order to assess in which way international law can fulfil these potential functions, where priorities regarding certain functions might differ and where some aspects of these functions are challenged when law is made and applied in the international and supranational sphere.}, language = {en} } @techreport{Zivkovic2018, type = {Working Paper}, author = {Zivkovic, Velimir}, title = {International Rule of Law Through International Investment Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {16}, issn = {2509-3770}, doi = {10.25932/publishup-42218}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422181}, pages = {33}, year = {2018}, abstract = {In challenging times for international law, there might be a heightened need for both analysis and prescription. The international rule of law as a connecting thread that goes through the global legal order is a particularly salient topic. By providing a working understanding of the content and contexts of the international rule of law, and by taking the regime of international investment law as a case study, this paper argues that assessing 'rise' or 'decline' motions in this sphere warrants a nuanced approach that should recognise parallel positive and negative developments. Whilst prominent procedural and substantive aspects of international investment law strongly align with the international rule of law requirements, numerous challenges threaten the future existence of the regime and appeal of international rule of law more broadly. At the same time, opportunities exist to adapt the substantive decision-making processes in investor-State disputes so to pursue parallel goals of enhancing rule of law at both international and national levels. Through recognising the specificities of interaction between international and national sphere, arbitrators can further reinvigorate the legitimacy of international rule of law through international investment law - benefitting thus the future of both.}, language = {en} } @techreport{KriegerZimmermann2018, type = {Working Paper}, author = {Krieger, Heike and Zimmermann, Andreas}, title = {Sentenza 238/2014 of the Italian Constitutional Court and the International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {15}, issn = {2509-3770}, doi = {10.25932/publishup-42214}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422140}, pages = {30}, year = {2018}, abstract = {The German-Italian dispute over the scope of sovereign immunities and claims of reparations for war crimes committed by German armed forces during World War II in Italy is in many ways specific and historically contingent. At the same time, it touches upon a number of fundamental challenges which the international community has to address in the interest of furthering the international rule of law. In this working paper both authors address the question whether the current law of sovereign immunities should be changed or interpreted in a manner as to allow for exceptions from State immunities in cases of grave violations of human rights. While the first part of the paper focusses on the perspective of general international law the second part addresses the question through the lense of European law. Both authors agree that unilateral efforts to push for what many consider a progressive development of international law actually may entail adverse effects for the international rule of law and thus may even contribute to a broader crisis of the international legal order.}, language = {en} } @techreport{BarkholdtKulaga2018, type = {Working Paper}, author = {Barkholdt, Janina and Kulaga, Julian}, title = {Analytical Presentation of the Comments and Observations by States on Draft Article 7, Paragraph 1, of the ILC Draft Articles on Immunity of State Officials From Foreign Criminal Jurisdiction, United Nations General Assembly, Sixth Committee, 2017}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {14}, issn = {2509-3770}, doi = {10.25932/publishup-42212}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422128}, pages = {108}, year = {2018}, abstract = {During its sessions in 2016 and 2017 the UN International Law Commission (ILC) debated the question whether the immunity of State officials from foreign criminal jurisdiction is subject to exceptions for international crimes and provisionally adopted a Draft Article 7 on immunity ratione materiae. The following analytical presentation classifies and documents the reactions of States to draft article 7, paragraph 1, as they have been expressed in the Sixth (Legal) Committee of the General Assembly in 2017.}, language = {en} } @techreport{UlfsteinZimmermann2018, type = {Working Paper}, author = {Ulfstein, Geir and Zimmermann, Andreas}, title = {Certiorari Through the Backdoor?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {13}, issn = {2509-3770}, doi = {10.25932/publishup-42205}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-422054}, pages = {21}, year = {2018}, abstract = {In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights has dismissed more than 12.000 applications due to the fact that given that they were not only repetitive in nature, but also mutatis mutandis identical to applications covered by a previous pilot judgment rendered against Ukraine. This raises fundamental issues as to the role of the Court within the human rights protection system established by the ECHR, as well as those concerning the interrelationship between the Court and the Committee of Ministers.}, language = {en} } @techreport{ZimmermannBoos2018, type = {Working Paper}, author = {Zimmermann, Andreas and Boos, Felix}, title = {Bringing States to Justice for Crimes against Humanity}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {12}, issn = {2509-3770}, doi = {10.25932/publishup-42203}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-422035}, pages = {24}, year = {2018}, abstract = {Draft Art. 15 CCAH attempts to strike a balance between State autonomy and robust judicial supervision. It largely follows Article 22 CERD conditioning the jurisdiction of the ICJ on prior negotiations. Hence, the substance of the clause is interpreted in light of the Court's recent case law, especially Georgia v. Russia. Besides, several issues regarding the scope ratione temporis of the compromissory clause are discussed. The article advances several proposals to further improve the current draft, addressing the missing explicit reference to State responsibility, as well as the relationship between the Court and a possible treaty body, It also proposes to recalibrate the interplay of a requirement of prior negotiations respectively the seizing of a future treaty body on the one hand and provisional measures to be indicated by the Court on the other.}, language = {en} } @techreport{Braun2018, type = {Working Paper}, author = {Braun, Harald}, title = {Berlin - New York}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {11}, issn = {2509-3770}, doi = {10.25932/publishup-42198}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421984}, pages = {17}, year = {2018}, abstract = {Beginning in January 2019, the new German government will face a particular new responsibility for world affairs: provided the elections in June 2018 lead to the desired result, Germany will be an elected member of the UN Security Council for two years from January 2019 until December 2020. However, Germany has been a respected and highly relevant member of the United Nations not only during its terms on the Security Council but also in "normal" times. The present article attempts to shed light on a few aspects of Germany's role in the UN during Merkel's chancellorship with an emphasis on her third term (2014-2017), such as the cooperative relationship between Germany and the UN Secretary-General in important policy fields, Germany's financial contributions to the UN, the impact of Germany's EU membership on its UN membership and the country's efforts with regard to the reform of the Security Council. The paper further provides context for Germany's abstention in the vote on Security Council Resolution 1973 on Libya in 2011. It concludes by ascertaining that Germany with its approach of active multilateralism has taken its place as one of the leading nations in Europe and is ready to take on responsibility with its partners to achieve a peaceful and stable world order.}, language = {en} } @techreport{Rajput2018, type = {Working Paper}, author = {Rajput, Aniruddha}, title = {Protection of Foreign Investment in India and International Rule of Law: Rise or Decline?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {10}, issn = {2509-3770}, doi = {10.25932/publishup-42197}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421970}, pages = {32}, year = {2018}, abstract = {This paper narrates the changes in the Indian policy towards foreign investment and analyses them in the backdrop of overall changes in the field of international law and particularly within the framework of the international rule of law. The policy changes that have taken place in India can be categorised into three periods. The first period commences after independence from colonial rule. This period is intriguing. At the international level, India insisted on national treatment for foreign investment and supported the New International Economic Order. Domestically, however, nationalisation was not pursued, and even when pursued, was not applied to foreign investors. This period continued until the 1990s when India faced serious economic problems and this coincided with the high point of the Washington consensus, often seen as the rise of the international rule of law. During this time, national treatment was abandoned and innumerable investment treaties granting liberal protection were entered into. This process ended abruptly after India lost the first investment case. This turn of events comments the third period, where efforts were made towards balancing between investor protection and conserving regulatory freedom. Although this period may appear to be a decline of the international rule of law, a nuanced approach shows that it is rather a rise. India has not withdrawn from the system of investor protection, as has been done by some other States. This period is characterised by extensive and detailed treaties to replace the prior sketchy treaty provisions. This is a move towards a more rule based investment protection.}, language = {en} } @techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Rule of Law in the 2030 Agenda}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {9}, issn = {2509-3770}, doi = {10.25932/publishup-42190}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421906}, pages = {34}, year = {2017}, abstract = {The rule of law is the cornerstone of the international legal system. This paper shows, through analysis of intergovernmental instruments, statements made by representatives of States, and negotiation records, that the rule of law at the United Nations has become increasingly contested in the past years. More precisely, the argument builds on the process of integrating the notion of the rule of law into the Sustainable Development Goals, adopted in September 2015 in the document Transforming our world: the 2030 Agenda for Sustainable Development. The main sections set out the background of the rule of law debate at the UN, the elements of the rule of law at the goal- and target-levels in the 2030 Agenda - especially in the SDG 16 -, and evaluate whether the rule of law in this context may be viewed as a normative and universal foundation of international law. The paper concludes, with reflections drawn from the process leading up to the 2030 Agenda and the final outcome document that the rule of law - or at least strong and precise formulations of the concept - may be in decline in institutional and normative settings. This can be perceived as symptomatic of a broader crisis of the international legal order.}, language = {en} } @techreport{Lange2018, type = {Working Paper}, author = {Lange, Felix}, title = {Between Systematization and Expertise for Foreign Policy}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {8}, issn = {2509-3770}, doi = {10.25932/publishup-42189}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421895}, pages = {27}, year = {2018}, abstract = {German international legal scholarship has been known for its practice-oriented, doctrinal approach to international law. On the basis of archival material, this article tracks how this methodological take on international law developed in Germany between the 1920s and the 1980s. In 1924, as a reaction to the establishment of judicial institutions in the Treaty of Versailles, the German Reich founded the Kaiser Wilhelm Institute for Comparative Public Law and International Law. Director Viktor Bruns institutionalized the practice-oriented method to advance the idea of international law as a legal order as well as to safeguard the interests of the Weimar government before the various courts. Under National Socialism, members of the Institute provided legal justifications for Hitler's increasingly radical foreign policy. At the same time, some of them did not engage with v{\"o}lkisch-racist theories, but systematized the existing ius in bello. After 1945, Hermann Mosler, as director of the renamed Max Planck Institute, took the view that the practice-oriented approach was not as discredited as the more theoretical approach of v{\"o}lkisch international law. Furthermore, he regarded the method as a promising vehicle to support the policy of Westintegration of Konrad Adenauer. Also, he tried to promote the idea of 'international society as a legal community' by analysing international practice.}, language = {en} } @techreport{Nolte2017, type = {Working Paper}, author = {Nolte, Georg}, title = {The International Law Commission and Community Interests}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {7}, issn = {2509-3770}, doi = {10.25932/publishup-42187}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421875}, pages = {22}, year = {2017}, abstract = {The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by "community interests", the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of "from self-interest to community interest". Whereas the Commission has recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules of international law, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional State-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push towards the recognition of more and thicker community interests.}, language = {en} } @techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Requisite Rigour in the Identification of Customary International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {6}, issn = {2509-3770}, doi = {10.25932/publishup-42074}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420742}, pages = {27}, year = {2017}, abstract = {Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL - practice and opinio juris - have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.}, language = {en} } @techreport{Krieger2016, type = {Working Paper}, author = {Krieger, Heike}, title = {Rights and Obligations of Third Parties in Armed Conflict}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {5}, issn = {2509-3770}, doi = {10.25932/publishup-42073}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420732}, pages = {23}, year = {2016}, abstract = {This paper will turn into a contribution to a book on community obligations. It focusses on third parties' rights and obligations in armed conflict. It is often said that international law has developed from a legal order which is designed to protect sovereignty to a system which also promotes community interests. This shift is said to be reflected in structural changes of the legal system. The creation of rights and obligations for third parties is generally seen as a part of this perceived paradigmatic shift. Community interests can be furthered either by negative duties of abstention, by an entitlement for third states, or even by duties to take positive measures. Since the shift towards protecting community interests apparently requires some form of cooperation, positive rights and duties to protect and to promote appear to be indispensable. Authors relying on a community perspective often dismiss duties of abstention as an expression of indifference in the face of a violation of a fundamental norm. Solidarity seems to require that third states take a more proactive role in actively enforcing community interests. The paper aims to test this understanding on the basis of an analysis of rights and obligations of third states in armed conflict. In order to argue that duties of abstention of third states are a central instrument for promoting community interests in relation to armed conflicts, the paper will first trace pertinent structural changes in international law. In particular, it will question the extent to which positive rights and obligations of third states have been firmly established in international law. In a second step, this contribution will evaluate the overall tendencies in the ongoing lawmaking process for promoting community interests in relation to armed conflict.}, language = {en} } @techreport{Buser2016, type = {Working Paper}, author = {Buser, Andreas}, title = {Colonial Injustices and the Law of State Responsibility}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {4}, issn = {2509-3770}, doi = {10.25932/publishup-42054}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420541}, pages = {30}, year = {2016}, abstract = {Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today's international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.}, language = {en} } @techreport{Kahombo2016, type = {Working Paper}, author = {Kahombo, Balingene}, title = {Africa Within the Justice System of the International Criminal Court}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {2}, issn = {2509-3770}, doi = {10.25932/publishup-41953}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419537}, pages = {42}, year = {2016}, abstract = {This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.}, language = {en} } @techreport{KriegerNolte2016, type = {Working Paper}, author = {Krieger, Heike and Nolte, Georg}, title = {The International Rule of Law - Rise or Decline?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {1}, issn = {2509-3770}, doi = {10.25932/publishup-41952}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419528}, pages = {25}, year = {2016}, abstract = {The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term "international rule of law" is chosen to designate the more recent and "thicker" understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.}, language = {en} } @techreport{Verlaan2018, type = {Working Paper}, author = {Verlaan, Stephanie}, title = {Male victims of wartime sexual violence: an ignored phenomenon}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {6}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-412632}, pages = {13}, year = {2018}, abstract = {The phenomenon of male-to-male sexual assault undoubtedly occurs, both in domestic and conflict contexts. There is a small but growing discourse supporting the analysis of this phenomenon, however it remains significantly limited and its growth disproportionate to the concerns it warrants. The international law, NGO and State actors are largely responsible for this inhibition, predominately attributable to their intent in preserving the feminist and patriarchal values on which their institutions are founded. The strength with which the feminist discourse has embedded itself into the agendas of relevant actors is obstructing attempts at unbiased analysis of gender-based violence and the development of a discourse dedicated to understanding male sexual assault. It appears to be a prevailing sector-wide perception that females are the only victims of sexual violence and that creating space for a discussion on male-sexual assault will detract worth from the feminist discourse on female sexual assault. This paper discusses the means in which the sectors ignorance towards male sexual assault manifests and the harmful implications of ignoring this phenomenon. The author uses contextual analyses from development, international law, and cultural examples.}, subject = {Geschlechterrolle}, language = {en} } @techreport{VasquezCarruthers2018, type = {Working Paper}, author = {Vasquez Carruthers, Juan Francisco}, title = {UNHCR and the European refugee crisis}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {5}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-410429}, pages = {16}, year = {2018}, abstract = {Since 2015, the European Union has struggled to deal with the influx of refugees coming into its territories. The number of institutions involved in designing a competent response approach, com-bined with the unilateral and uncoordinated state reactions, have left unclear where to look for when searching for answers and new alternatives. Can the United Nations High Commissioner for Refugees (UNHCR) take a leading role in solving this and future crises? After a brief recapitulation of the crisis, an analysis of UNHCR's statue, relationship to international law, and doctrine will put this question to the test while exploring options that are not only available but also feasible in a system where politics trump both legality and morality. If UNHCR is to play an active role in fu-ture refugee policies and become the lead agency it once was, a new daring and innovative approach has to emerge in order to readapt to the power relations that prevail in the twenty-first century.}, subject = {V{\"o}lkerrecht}, language = {en} } @techreport{DamenKoehlerWoodard2017, type = {Working Paper}, author = {Damen, Juliane and K{\"o}hler, Lena and Woodard, Sean}, title = {The Human Right of Privacy in the Digital Age}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {3}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-399265}, year = {2017}, abstract = {The right to privacy in the digital age generates new challenges for the international jurisdiction. The following article deals with such challenges. Therefore it firstly defines the term of privacy in general and presents an international legal framework. With whisteblower Snowden a huge political discourse was initiated and the article gives insights into its further development. In 2015 the Human Rights Council for the first time announced a special rapporteur on the right to privacy. However, the discourse is not only taking place on a political level, also civil society organizations advocate more stringent regulations and prosecutions against violations of the right to privacy. Moreover the importance of the technology sector becomes clear. Companies like Microsoft are increasingly taking responsibility to protect digital media against unjustified data misuse, surveillance, collection and storage. But whereas the IT sector is developing very quickly, legislative processes do so rather slowly. Lastly, the individual is also hold to account. To protect oneself against data misuse is to a great extent acting self-responsible. Still, therefore information on protection must be clear and accessible for everyone.}, language = {en} }