@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{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{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{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{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 = {Resurgent Authoritarianism and the International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {38}, doi = {10.25932/publishup-43589}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435899}, pages = {31}, year = {2019}, abstract = {Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this "thick" conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on political science research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability of civil society groups to organize and participate in public life. According to available data, each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminishes international rule of law. The conclusion argues that resurgent authoritarianism degrades international rule of law even if this is defined as the specifically post-Cold War international legal order.}, language = {en} } @techreport{Sandholtz2019, type = {Working Paper}, author = {Sandholtz, Wayne}, title = {Human Rights Courts and Global Constitutionalism}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {35}, doi = {10.25932/publishup-43583}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435831}, pages = {30}, year = {2019}, abstract = {International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or "judicial dialogue") among the regional human rights courts and the Human Rights Committee has an additional purpose and effect: the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful in that the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the U.N. Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. The network of regional courts and the HRC is building an emergent institutional structure for global rights-based constitutionalism.}, language = {en} } @techreport{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{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} } @article{Rauh2019, author = {Rauh, Gisa}, title = {Erinnerungen an die Gr{\"u}ndung des Instituts f{\"u}r Linguistik an der Universit{\"a}t Potsdam}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43320}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-433202}, pages = {415 -- 435}, year = {2019}, language = {de} } @article{Wunderlich2019, author = {Wunderlich, Dieter}, title = {{\"U}ber naturnotwendige und kulturaffine Schritte in der Sprachentstehung und -entwicklung}, series = {Of trees and birds. A Festschrift for Gisbert Fanselow}, journal = {Of trees and birds. A Festschrift for Gisbert Fanselow}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-457-9}, doi = {10.25932/publishup-43318}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-433182}, pages = {383 -- 394}, year = {2019}, language = {de} } @article{Drori2019, author = {Drori, Danielle}, title = {A Translator against Translation}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-44591}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-445912}, pages = {43 -- 56}, year = {2019}, abstract = {This article explores an instructive case of translation critique against the background of the rise of Zionism in Europe at the turn of the previous century. It seeks to answer the question: Why did David Frishman, one of the most prolific Hebrew writers and translators of the late 1890s and early 1900s, criticize Vladimir Jabotinsky's Russian translation of Hayim Nahman Bialik's Hebrew poems? Both Bialik and Jabotinsky were major figures in the field of Hebrew culture and Zionist politics in the early 1900s, while Frishman generally shunned partisan activism and consistently presented himself as devoted solely to literature. Frishman perceived literature, nevertheless, as a political arena, viewing translation, in particular, as a locus of ideological debate. Writing from the viewpoint of a political minority at a time in which the Hebrew translation industry in Europe gained momentum, Frishman deemed translation a tool for cementing cultural hierarchies. He anticipated later analyses of the act and products of translation as reflective of intercultural tensions. The article suggests, more specifically, that it was Frishman's view of the Hebrew Bible that informed his "avant-garde" stance on translation.}, language = {en} } @misc{GrafeBatsiosMeyeretal.2019, author = {Grafe, Marianne and Batsios, Petros and Meyer, Irene and Lisin, Daria and Baumann, Otto and Goldberg, Martin W. and Gr{\"a}f, Ralph}, title = {Supramolecular Structures of the Dictyostelium Lamin NE81}, series = {Potsprint der Universit{\"a}t Potsdam Mathematisch-Naturwissenschaftliche Reihe}, journal = {Potsprint der Universit{\"a}t Potsdam Mathematisch-Naturwissenschaftliche Reihe}, number = {682}, issn = {1866-8372}, doi = {10.25932/publishup-42597}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-425976}, pages = {17}, year = {2019}, abstract = {Nuclear lamins are nucleus-specific intermediate filaments (IF) found at the inner nuclear membrane (INM) of the nuclear envelope (NE). Together with nuclear envelope transmembrane proteins, they form the nuclear lamina and are crucial for gene regulation and mechanical robustness of the nucleus and the whole cell. Recently, we characterized Dictyostelium NE81 as an evolutionarily conserved lamin-like protein, both on the sequence and functional level. Here, we show on the structural level that the Dictyostelium NE81 is also capable of assembling into filaments, just as metazoan lamin filament assemblies. Using field-emission scanning electron microscopy, we show that NE81 expressed in Xenopous oocytes forms filamentous structures with an overall appearance highly reminiscent of Xenopus lamin B2. The in vitro assembly properties of recombinant His-tagged NE81 purified from Dictyostelium extracts are very similar to those of metazoan lamins. Super-resolution stimulated emission depletion (STED) and expansion microscopy (ExM), as well as transmission electron microscopy of negatively stained purified NE81, demonstrated its capability of forming filamentous structures under low-ionic-strength conditions. These results recommend Dictyostelium as a non-mammalian model organism with a well-characterized nuclear envelope involving all relevant protein components known in animal cells.}, language = {en} } @article{Coors2019, author = {Coors, Maria}, title = {Tewje in Deutschland}, series = {PaRDeS: Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, journal = {PaRDeS: Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47121}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471211}, pages = {57 -- 72}, year = {2019}, abstract = {Drawing on the example of Sholem Aleichem's Tevye the Dairyman, this article covers the history of Yiddish translation and publication in Germany in the 20th century.Following the paradigm of translation as a cultural practice, I demonstrate how the translation reflects aspects of Jewish-German cultural history, focussing on a mainly inner-Jewish identity discourse before the Shoah and a remembrance context after it. Whereas decisive differences and changes characterize 20th-century history in diachronic as well as synchronic respect, the article reflects also on continuities and parallels.}, language = {de} } @misc{SchmoelzHaeberlein2019, author = {Schm{\"o}lz-H{\"a}berlein, Michaela}, title = {Stefanie Fischer, {\"O}konomisches Vertrauen und antisemitische Gewalt. J{\"u}dische Viehh{\"a}ndler in Mittelfranken 1919-1939,G{\"o}ttingen: Wallstein,2014, 368 S., / Cornelia Aust, The Jewish Economic Elite. Making Modern Europe, Bloomington: Indiana University Press, 2018, 272 S. / [rezensiert von] Michaela Schm{\"o}lz-H{\"a}berlein}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47169}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471691}, pages = {170 -- 176}, year = {2019}, language = {de} } @misc{Stemberger2019, author = {Stemberger, G{\"u}nter}, title = {Martin Goodman, A History of Judaism,London: Allen Lane, 2017, 656 S. /[rezensiert von] G{\"u}nter Stemberger}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47168}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471682}, pages = {167 -- 170}, year = {2019}, language = {de} } @misc{Ferrari2019, author = {Ferrari, Francesco}, title = {Vladimir Jank{\´e}l{\´e}vitch, Philosophie morale, Fran{\c{c}}oise Schwab (ed.), Paris: Flammarion, 2019, 1184 S. / [rezensiert von] Francesco Ferrari}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-649}, doi = {10.25932/publishup-47167}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471673}, pages = {164 -- 167}, year = {2019}, language = {en} } @article{HolzmanZuckermann2019, author = {Holzman, Gitit and Zuckermann, Ghil'ad}, title = {Tanakh Ram: Translating the Hebrew Bible into Israeli}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47139}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471395}, pages = {105 -- 122}, year = {2019}, abstract = {The Ram Bible (Tanakh Ram) is a recently-published Bible edition printed in two columns: the right-hand column features the original biblical Hebrew text and the lefthand column features the translation of the Bible into a high-register literary Israeli (Reclaimed Hebrew). The Ram Bible edition has gained impressive academic and popular attention. This paper looks at differences between academics, teachers, students, media personalities and senior officials in the education system, regarding their attitude to the Ram Bible. Our study reveals that Bible teachers and students who make frequent use of this edition understand its contribution to comprehending the biblical language, stories, and ideas. Opponents of Ram Bible are typically administrators and theoretician scholars who advocate the importance of teaching the Bible but do not actually teach it themselves. We argue that the fundamental difference between biblical Hebrew and Israeli makes the Hebrew Bible incomprehensible to native Israeli speakers. We explain the advantages of employing tools such as the Ram Bible.}, language = {en} } @article{Coors2019, author = {Coors, Maria}, title = {Tewje in Deutschland}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47136}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471365}, pages = {57 -- 72}, year = {2019}, abstract = {Drawing on the example of Sholem Aleichem's Tevye the Dairyman, this article covers the history of Yiddish translation and publication in Germany in the 20th century.Following the paradigm of translation as a cultural practice, I demonstrate how the translation reflects aspects of Jewish-German cultural history, focussing on a mainly inner-Jewish identity discourse before the Shoah and a remembrance context after it. Whereas decisive differences and changes characterize 20th-century history in diachronic as well as synchronic respect, the article reflects also on continuities and parallels.}, language = {de} } @article{Schramm2019, author = {Schramm, Netta}, title = {Radical Translation as Transvaluation}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, volume = {2019}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien = Transformative Translations in Jewish History and Culture}, number = {25}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-468-5}, issn = {1614-6492}, doi = {10.25932/publishup-47137}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-471374}, pages = {73 -- 87}, year = {2019}, abstract = {Scholars of modern Jewish thought explore the hermeneutics of "translation" to describe the transference of concepts between discourses. I suggest a more radical approach - translation as transvaluation - is required. Eschewing modern tests of truth such as "the author would have accepted it" and "the author should have accepted it," this radical form of translation is intentionally unfaithful to original meanings. However, it is not a reductionist reading or a liberating text. Instead, it is a persistent squabble depending on both source and translation for sustenance. Exploring this paradigm entails a review of three expositions of the Korah biblical narrative; three readings dedicated to keeping an eye on current events: (1) Tsene-rene (Prague, 1622), biblical prose; (2) Yaldei Yisrael Kodesh, (Tel Aviv, 1973), a secular Zionist reworking of Tsene-rene; and (3) The Jews are Coming (Israel, 2014-2017) a satirical television show.}, language = {en} }