@phdthesis{Grohmann2024, author = {Grohmann, Nils-Hendrik}, title = {Strengthening the UN Human Rights Treaty Bodies}, series = {Jus Internationale et Europaeum}, journal = {Jus Internationale et Europaeum}, number = {202}, publisher = {Mohr Siebeck}, address = {T{\"u}bingen}, isbn = {978-3-16-162825-2}, issn = {1861-1893}, doi = {10.1628/978-3-16-162826-9}, pages = {XV, 315}, year = {2024}, abstract = {Nils-Hendrik Grohmann besch{\"a}ftigt sich mit dem noch andauernden St{\"a}rkungsprozess der UN-Menschenrechtsvertragsorgane. Er analysiert, welche rechtlichen Befugnisse die Aussch{\"u}sse haben, ob sie von sich aus Vorschl{\"a}ge einbringen k{\"o}nnen und inwieweit sie ihre Verfahrensweisen bisher aufeinander abgestimmt haben. Ein weiterer Schwerpunkt liegt auf der Zusammenarbeit zwischen den verschiedenen Aussch{\"u}ssen und der Frage, welche Rolle das Treffen der Vorsitzenden bei der St{\"a}rkung spielen kann.}, language = {en} } @phdthesis{Benz2024, author = {Benz, Eleanor}, title = {The advisory function of the Inter-American Court of Human Rights}, series = {Beitr{\"a}ge zum ausl{\"a}ndischen {\"o}ffentlichen Recht und V{\"o}lkerrecht}, volume = {329}, journal = {Beitr{\"a}ge zum ausl{\"a}ndischen {\"o}ffentlichen Recht und V{\"o}lkerrecht}, publisher = {Nomos}, address = {Baden-Baden}, issn = {978-3-7489-1980-3}, doi = {10.5771/9783748919803}, school = {Universit{\"a}t Potsdam}, pages = {478}, year = {2024}, abstract = {How do the rights of same-sex couples have to be ensured by states, and which kind of environmental obligations are induced by the right to life and to personal integrity? Questions as diverse and far-reaching as these are regularly dealt with by the Inter-American Court of Human Rights in its advisory function. This book is the first comprehensive, non-Spanish-written treatise on the advisory function of this Court. It analyzes the scope of the Court's advisory jurisdiction and its procedural practice in comparison with that of other international courts. Moreover, the legal effects of the Court's advisory opinions and the question when the Court should better reject a request for an advisory opinion are examined.}, language = {en} } @phdthesis{vonRebay2023, author = {von Rebay, Anna}, title = {The Designation of Marine Protected Areas}, publisher = {Springer}, address = {Cham}, isbn = {978-3-031-29174-6}, doi = {10.1007/978-3-031-29175-3}, pages = {XV, 278}, year = {2023}, abstract = {This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this 'Constitution of the Ocean' not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States' freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States' practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely - and thus outweighs all other interests}, language = {en} } @phdthesis{Kashgar2022, author = {Kashgar, Maral}, title = {The Transfer of Conflict-Related Detainees}, series = {Schriften des MenschenRechtsZentrums der Universit{\"a}t Potsdam}, volume = {48}, journal = {Schriften des MenschenRechtsZentrums der Universit{\"a}t Potsdam}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {978-3-8487-8507-0}, school = {Universit{\"a}t Potsdam}, pages = {449}, year = {2022}, abstract = {Die Arbeit untersucht bewaffnete Konfliktszenarien, in denen an multinationalen Milit{\"a}roperationen beteiligte Staaten w{\"a}hrend einer Gewahrsamsoperation gegnerische Kr{\"a}fte oder andere Personen in Gewahrsam nehmen und diese dann an die Kr{\"a}fte eines anderen Staates, oftmals der Hostnation mit zweifelhafter Menschenrechtsreputation, {\"u}berstellen. Gewahrsamspersonen laufen dann Gefahr, Opfer erheblicher Rechtsverletzungen zu werden}, language = {en} } @phdthesis{Salih2021, author = {Salih, Chehab}, title = {International Aviation Law for Aerodrome Planning}, publisher = {Springer}, address = {Cham}, isbn = {978-3-030-56841-2}, doi = {10.1007/978-3-030-56842-9}, pages = {xiv, 260}, year = {2021}, abstract = {The objective of this book is to provide ICAO, States, competent authorities and aerodrome operators with a comprehensive overview of legal challenges related to international aerodrome planning. Answers to derived legal questions as well as recommendations thereafter shall help to enhance regulatory systems and to establish a safer aerodrome environment worldwide. Compliant aerodrome planning has an immense impact on the safety of passengers, personnel, aircraft - and of course the airport. Achieving a high safety standard is crucial, as many incidents and accidents in aviation happen at or in the vicinity of airports. Currently, more than 40\% of the ICAO Member States do not fully comply with international legal requirements for aerodrome planning. Representatives of ICAO and States, as well as aerodrome and authority personnel, will understand why compliance with the different legal facets of aerodrome planning is challenging and learn how shortcomings can be solved.​}, language = {en} } @phdthesis{Lahmann2020, author = {Lahmann, Henning}, title = {Unilateral Remedies to Cyber Operations}, publisher = {Cambridge University Press}, address = {Cambridge}, isbn = {978-1-108-47986-8}, doi = {10.1017/9781108807050}, pages = {325}, year = {2020}, abstract = {Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace.}, language = {en} } @phdthesis{Berger2020, author = {Berger, Juien}, title = {International investment protection within Europe}, series = {Routledge research in finance and banking law}, journal = {Routledge research in finance and banking law}, publisher = {Routledge}, address = {London}, isbn = {978-0-367-61063-0}, school = {Universit{\"a}t Potsdam}, pages = {238}, year = {2020}, abstract = {The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union}, language = {en} } @phdthesis{Psilogenis2020, author = {Psilogenis, Christos}, title = {The right of the peoples to peace and security under the UN Charter}, volume = {2020}, publisher = {Ekdosis Vivliekdotiki}, address = {Aradippou}, isbn = {978-9963-675-69-2}, school = {Universit{\"a}t Potsdam}, pages = {537}, year = {2020}, language = {en} } @phdthesis{Wisehart2016, author = {Wisehart, Daniel}, title = {Drug Control and International Law}, series = {Routledge Research in International Law}, journal = {Routledge Research in International Law}, publisher = {Routledge}, address = {New York}, isbn = {978-1-138-48604-1}, school = {Universit{\"a}t Potsdam}, pages = {xii, 232}, year = {2016}, abstract = {This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system - the UN Drug Conventions as well as its institutions - are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book's objective is to provide an in-depth and positivist insight into drug control's present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States' parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.}, language = {en} } @phdthesis{Pati2009, author = {Pati, Roza}, title = {Due process and international terrorism}, series = {Studie in intercultural human rights}, volume = {1}, journal = {Studie in intercultural human rights}, publisher = {Martinus Nijhoff Publishers}, address = {Leiden, Boston}, isbn = {978-90-04-17238-8}, issn = {1876-9861}, doi = {10.1163/ej.9789004172388.i-520}, pages = {520 S.}, year = {2009}, language = {en} } @phdthesis{Le2008, author = {Le, Thi Thuy Huong}, title = {Towards codifying a new social security code and reforming social security system : experiences of Germany and the adaptation to Vietnam = Auf dem Weg zu einem neuen Sozialrecht und die Reform des Systems der sozialen Sicherheit}, publisher = {Der Andere Verl.}, address = {T{\"o}nning}, isbn = {978-3-89959-812-4}, pages = {VII, 219 S.}, year = {2008}, language = {en} }