@article{AlbeckGidron2018, author = {Albeck-Gidron, Rachel}, title = {At Opposite Ends of Asia - Contact between East Asian Culture and Modern Hebrew Literature from the Late Nineteenth Century until Today. A Historiographical and Linguistic Study}, series = {Sprache Deutsch PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {Sprache Deutsch PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408931}, pages = {95 -- 118}, year = {2018}, abstract = {This article deals with contact between East Asian thought and modern Hebrew Literature from the late nineteenth century through the twentieth century, until today. In the first part, the article suggests that from a historiographical perspective, one may outline three waves of contact between these two cultural phenomena, at opposite ends of Asia. In the first wave, which began in the early twentieth century, Asian influence on Hebrew literature written in Europe was mediated mainly through the philosophers Schopenhauer and Nietzsche. The second wave, which emerged in the 1950s, relates to the influence of the leaders of the Beat Generation, who, in turn, were influenced by modernist poetry in English, which was colored by contact with Asian poetry. The third wave is part of the glocal New Age phenomenon and its appropriation of certain Buddhist traits. The second part of the article presents several theoretical possibilities of symbioses between cultures, as they appear within language. The third part presents the symptomatic example of the work of contemporary Hebrew writer Yoel Hoffmann, who appears to be a representative of the second wave; however, his work maintains dialogue with the first wave, and its current popularity is part of the third wave. Hoffmann's work serves as an example of how to apply the theoretical possibilities presented in the second part of the article, as an instance of literary contact between two cultures and their respective languages.}, language = {en} } @article{Ichikawa2018, author = {Ichikawa, Hiroshi}, title = {Prospects of Japanese Translation of the Babylonian Talmud}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408982}, pages = {183 -- 198}, year = {2018}, abstract = {An academic project of translating the Babylonian Talmud into Japanese was initiated by a president of private jewelry company in 1986 and sixteen volumes of it were published with the collaboration of more than ten Japanese scholars of the Bible and Judaism until 2016. In order to make an assessment for possible impacts of this translation on Japanese cultural revitalization, the author tried to perceive the collision and struggles the Talmud has faced in transmitting itself to later generations even to the present days as it has still claimed its universal validity. It will be helpful to envisage Jewish intellectuals of the subsequent generations wondering what it was to live according to the Torah and the Talmud and how they coped with difficulties in facing the collision of foreign cultural impacts especially in the modern era. As the Japanese people had been profoundly influenced by Buddhism before the modern era, the assumption of the similarity between the Buddhist notion of enlightenment through transmission of the ineffable truth and the similar notion of Rabbinic Judaism will help prospect the possible influence of the Jewish scripture. This Buddhist notion had been most successfully developed in the tradition of Zen Buddhism in Japan. Furthermore this notion was fully and more influentially developed in the sphere of education of Japanese military ruling class and their cultural achievements before the modern era. So we suppose that Jewish endeavors in the Talmudic studies facing collisions and struggles against western impacts will give some insights in considering Japanese struggles against, and responses to, the forceful impacts of the modern West upon our traditional value system.}, language = {en} } @article{Sigalow2018, author = {Sigalow, Emily}, title = {From Jewish Prominence to Buddhist Prominence}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408943}, pages = {119 -- 131}, year = {2018}, abstract = {The 1920s witnessed a growing appearance of individual American Jews- largely from wealthy and prominent families - who received training by Asian teachers and pursued Buddhist practices in Asian-founded Buddhist groups. Some of these American Jews gained prominence and leadership status in Buddhist communities and also ran their own semi-established Buddhist groups, with limited success. The social position and material success of these Jewish Buddhists allowed them the time and means to study and practice Buddhism. This paper illustrates these developments through the story of Julius Goldwater, a member of the prominent German Jewish family that included Senator Barry Goldwater. After encountering Buddhism in Hawaii and being ordained in Kyoto, Goldwater moved to Los Angeles to become one of the first European-American Jodo Shinshu ministers in America. This paper demonstrates how he was an early convert, teacher, and wartime proponent of American Buddhism.}, language = {en} } @article{Musch2018, author = {Musch, Sebastian}, title = {Linking the Jewish People to India}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408892}, pages = {41 -- 54}, year = {2018}, abstract = {This article explores the little-known author Friedrich Korn (1803-1850). Korn developed a theory of universal revelation which, among other things, claimed that the Jewish people descended from India. His theory is an amalgamation of the Romantic ideas about India, the historical criticisms as expounded by David Friedrich Strauß, and the desire to see his own conversion from Judaism to Protestantism as congruent with the historical progress of religion. Situating Korn in the intellectual context and theological debates of his time allows us to take a closer look at how he tried to reconcile many opposing stances, namely arguing for a genealogical lineage between India and the Jewish people, while calling for the conversion of the Jewish people to Christianity, and steadfastly believing in universal revelation, while holding on to the tools of historical criticism. These different positions made Korn an untimely author, out of sync with his peers and the scholarly attitude towards Judaism, India, and religion in general.}, language = {en} } @article{Marks2018, author = {Marks, Richard G.}, title = {David d'Beth Hillel and Jacob Sapir}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408884}, pages = {19 -- 39}, year = {2018}, abstract = {Two 19th century rabbis born in Vilna and educated in its raditionalist rationalism interacted with India's temple Hinduism in different ways. Both were fascinated with Hindu worship and images, but David d'Beth Hillel entered temples and disputed with priests, while Jacob Sapir observed from outside, composing written pictures of Hindu images using a biblical vocabulary of abomination. D'Beth Hillel employed Hebrew linguistics to uncover secret meanings of Hindu words. However, both travelers interpreted Hindu religiosity similarly, as idolatrous worship. They explained this Hinduism historically as a survival of Judean idolatry brought to India by Jewish migrants, or as a survival from an ancient culture of idolatry that once filled the world. Both rabbis also perceived Jewish elements in Hinduism, which they explained from Jewish migrations of the past. The similarities in their conceptualizations of Hinduism point to a common Jewish worldview that constructed the world as opposing realms of revelation and idolatry, and also to common theories about how cultural change occurs through survivals, corruptions, and diffusion.}, language = {en} } @article{Weiss2018, author = {Weiss, Aleš}, title = {Buddhism as a Tool of Polemic and Self-definition among German Rabbis in the 19th and early 20th Century}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408918}, pages = {73 -- 93}, year = {2018}, abstract = {This paper describes an almost forgotten chapter in the relatively short history of Jewish- Buddhist interactions. The popularization of Buddhism in Germany in the second half of 19th century, effected mainly by its positive appraisal in the philosophy of Arthur Schopenhauer, made it a common referent for both critics of Judaism and Christianity as well as their defenders. At the same time, Judaism was viewed by many as a historically antiquated religion and Jewish elements in Christianity were regarded as impediments to the progress of European religiosity and culture. Schopenhauerian conception of "pessimistic" Buddhism and "optimistic" Judaism as the two most distant religious ideas was proudly appropriated by many Jewish thinkers. These Jews portrayed Buddhism as an anti-worldly and anti-social religion of egoistic individuals who seek their own salvation (i. e. annihilation into Nothingness), the most extreme form of pessimism and asceticism which negates every being, will, work, social structures and transcendence. Judaism, in contrast, represented direct opposites of all the aforementioned characteristics. In comparisons to Buddhism, Judaism stood out as a religion which carried the most needed social and psychological values for a healthy modern society: decisive affirmation of the world, optimism, social activity, co-operation with others, social egalitarianism, true charitability, and religious purity free from all remnants of polytheism, asceticism, and the inefficiently excessive moral demands ascribed to both Buddhism and Christianity. Through the analysis of texts by Ludwig Philippson, Ludwig Stein, Leo Baeck, Max Eschelbacher, Juda Bergmann, Fritz-Leopold Steinthal, Elieser David and others, this paper tries to show how the image of Buddhism as an antithesis to Judaism helped the German Jewish reform thinkers in defining the "essence of Judaism" and in proving to both Jewish and Christian audiences its enduring meaningfulness and superiority for the modern society.}, language = {en} } @article{Niculescu2018, author = {Niculescu, Mira}, title = {JewBus Are Not What They Used to Be}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408965}, pages = {149 -- 161}, year = {2018}, abstract = {The success of Buddhism in the West, and in America in particular, since the middle of the twentieth century, gave birth to a new hyphenated religious phenomenon: the Jewish-Buddhists. While a growing number of scholars have been addressing this phenomenon, all of the studies published so far speak of "Jewish-Buddhists" as if they could be described in the same way it was in the seventies. In this paper, I take issue with the monolithic, reified approach towards the phenomenon of the "Jewish-Buddhists", and will try to show their evolution from their early days at the dawn of the emerging Counter Culture until today. Following findings derived from diachronic and ethnographic fieldworks, conducted since 2009, I will suggest that this evolution has undergone three main phases, which I call the three "ages": the age of challenging, the age of claiming, and the age of re-claiming.}, language = {en} } @article{LandauRageth2018, author = {Landau, David and Rageth, Nina}, title = {Indian Sufism in Israel}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408972}, pages = {163 -- 180}, year = {2018}, abstract = {This paper explores Indian Sufi influences in Shye Ben Tzur's music. Ben Tzur is a Jewish Israeli musician who composes Sufi poetry in Hebrew and plays it to qawwālī music, the traditional North Indian Sufi music. Ben Tzur's songs are devotional and there are many Sufi references that invoke Islamic terminology. His music has been reviewed in numerous newspapers and his Jewish identity, coupled with Sufi themes, evokes questions regarding religious belonging. Even though Ben Tzur openly discusses Sufi influences, his music has remained uncontroversial. This article interprets this as a sign that the symbolic repertoire of Ben Tzur's music evokes associations with India and not with Islam and more specifically with India as a spiritual rather than religious space. The image of India as a spiritual land manages to subsume references to Islam and render them part of the "mystical East" allowing Ben Tzur's audience to consume Muslim themes outside Middle Eastern politics.}, 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{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{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{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{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} } @article{Andress2018, author = {Andress, Reinhard}, title = {Eduard Dorsch and his unpublished poem on the occasion of Humboldt's 100th birthday}, series = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, volume = {XIX}, journal = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, number = {36}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {1617-5239}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419398}, pages = {17 -- 34}, year = {2018}, abstract = {In 1869, the German-American medical doctor and poet, Eduard Dorsch, wrote a poem read in Detroit on the occasion of Humboldt's 100th birthday. This article publishes the poem for the first time and explores its context within the life and times of its author.}, language = {en} } @article{Casas2018, author = {Casas, Vicente Dur{\´a}n}, title = {Immanuel Kant, Alexander von Humboldt and the Tequendama Fall}, series = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, volume = {XIX}, journal = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, number = {36}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {1617-5239}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419404}, pages = {35 -- 46}, year = {2018}, abstract = {Immanuel Kant mentions in his Physical Geography the waterfall of the Bogot{\´a} River in South America, known today as the Salto de Tequendama, which is located near Bogot{\´a}, the capital city of Colombia. Kant claims that this was the highest waterfall in the world, which is not true. Alexander von Humboldt could not know anything about it, but he visited the Salto in 1801, just before the publication of Kant's Physical Geography, and went to personally measure the height of the Salto. In this paper we make a comparison of both personalities who, unknowingly, were united by their interest in the Salto de Tequendama.}, language = {en} } @article{Paessler2018, author = {P{\"a}ßler, Ulrich}, title = {Plantae des {\´E}tats-Unis}, series = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, volume = {XVIII}, journal = {HiN : Alexander von Humboldt im Netz ; International Review for Humboldtian Studies}, number = {35}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {1617-5239}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419242}, pages = {5 -- 12}, year = {2018}, abstract = {Ein j{\"u}ngst im Nachlass Alexander von Humboldts aufgefundenes Manuskript enth{\"a}lt Aufzeichnungen {\"u}ber seinen Aufenthalt in den USA im Jahr 1804. Auf nur vier Seiten finden sich Notizen {\"u}ber Gespr{\"a}che mit Pr{\"a}sident Thomas Jefferson und dem Botaniker G. H. E. M{\"u}hlenberg, Angaben {\"u}ber Nutz- und Heilpflanzen, eine Auflistung nordamerikanischer Naturforscher sowie Informationen {\"u}ber Verbraucherpreise.}, language = {en} } @article{Thulin2018, author = {Thulin, Mirjam}, title = {Generations of Wissenschaft des Judentums}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417877}, pages = {145 -- 169}, year = {2018}, abstract = {Due to the lack of acceptance of Wissenschaft des Judentums in academia, modern Jewish scholarship in the nineteenth century organized itself along networks of institutions such as rabbinical seminaries, contacts with related disciplines like Oriental Studies, and personal relationships. This last pathway of communication was essential for the cohesion of modern Jewish scholarship. Therefore, my essay portrays the correspondence between David Kaufmann and Leopold Zunz as an example of this channel of communication. By analyzing the exchange of letters and personal encounters between the two scholars, particular attention will be paid to the following questions: How were the letters transmitted until today? What were the main topics of the correspondence between these representatives of two generations of Wissenschaft des Judentums? Which were the positions of Kaufmann and Zunz towards the present and future of modern Jewish scholarship? How did Kaufmann become the first biographer of Zunz?}, language = {en} } @article{Stair2018, author = {Stair, Rose}, title = {Gershom Scholem's Critical Appropriation of Wissenschaft des Judentums and the Necessary Fiction of Historical Objectivity}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417902}, pages = {217 -- 236}, year = {2018}, abstract = {Gershom Scholem (1897-1982) portrayed modern Zionist historical scholarship as both a rejection and a corrective fulfillment of earlier eras of Wissenschaft des Judentums. Through attacks on his scholarly predecessors, Scholem detailed his vision for the potential of this renaissance of Wissenschaft to entail both objective research and a commitment to treating Judaism as a "living organism," an approach that would ultimately ensure the scholarship could deliver value to the Jewish community. This article will explore the tensions that arise from Scholem's commitments, his occasional admissions of these tensions, and his attempts to overcome them.}, language = {en} } @misc{Ariel2018, author = {Ariel, Yaakov S.}, title = {Ismar Schorsch: Leopold Zunz. Creativity in Adversity / [rezensiert von] Yaakov Ariel}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417918}, pages = {239 -- 241}, year = {2018}, language = {en} } @article{Brodt2018, author = {Brodt, Eliezer}, title = {Mattityahu Strashun (1817-1885) and His Relationship with the Early Founders of Wissenschaft des Judentums}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417788}, pages = {27 -- 45}, year = {2018}, language = {en} } @article{Sariel2018, author = {Sariel, Eliezer}, title = {A Historian from the World of Torah}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417799}, pages = {47 -- 77}, year = {2018}, abstract = {The article examines the work of Rabbi Yitzhak Isaac Halevy, arguably the most significant Orthodox response to the Wissenschaft des Judentums school of historiography. Halevy himself exemplified the Orthodox struggle against Wissenschaft, yet his work expressed a commitment to modern historiographical discipline that suggested an internalization of some of the very same premises adopted by Wissenschaft. While criticizing the representatives of Wissenschaft, Halevy was, at the same time, fighting for the internalization of its innovative characteristics into Orthodox society. He saw himself as a leader of a movement working towards the development of Orthodox Jewish studies and his application of modern historiographic principles from an Orthodox worldview as creating critical Orthodox historiography. Halevy's approach promotes an understanding of Orthodoxy as a complex phenomenon, of which the struggle against modern secularization is just one of many characteristics.}, language = {en} } @article{Solomon2018, author = {Solomon, Esther}, title = {Rabbi Dessler's View of Secular Studies and Wissenschaft des Judentums}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417810}, pages = {103 -- 124}, year = {2018}, abstract = {Rabbi Eliyahu Eliezer Dessler (1892-1953) is often portrayed as antagonistic to secular studies. However, his writings show more of an intellectual hierarchy that places Torah wisdom at the top and all other wisdom a distant second. R. Dessler expended great effort promoting Torah scholarship while generally refraining from disparaging secular studies. Looking at the writings of his predecessors in the Mussar (moralist) movement, one can see that there was no disapproval of worldly education there, either: In fact, R. Dessler and his predecessors were well-educated in many secular disciplines. This essay looks to places R. Dessler's attitude toward Wissenschaft des Judentums within the context of his life's mission to advance talmudic study and his consequent unwillingness to countenance anything that detracted from furthering the learning of Torah. I argue that, whereas his extreme opposition to Wissenschaft was the result of his aversion to its aims, methods and conclusions, his nuanced relationship to Orthodox Wissenschaft was the result of the hierarchy through which he viewed secular as opposed to talmudic study.}, language = {en} } @article{TillmannKroemkerHornetal.2018, author = {Tillmann, Alexander and Kr{\"o}mker, Detlef and Horn, Florian and Gattinger, Thorsten}, title = {Analysing \& Predicting Students Performance in an Introductory Computer Science Course}, series = {Commentarii informaticae didacticae}, journal = {Commentarii informaticae didacticae}, number = {12}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-416307}, pages = {29 -- 45}, year = {2018}, abstract = {Students of computer science studies enter university education with very different competencies, experience and knowledge. 145 datasets collected of freshmen computer science students by learning management systems in relation to exam outcomes and learning dispositions data (e. g. student dispositions, previous experiences and attitudes measured through self-reported surveys) has been exploited to identify indicators as predictors of academic success and hence make effective interventions to deal with an extremely heterogeneous group of students.}, 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} } @article{Sax2018, author = {Sax, Benjamin E.}, title = {Wissenschaft and Jewish Thought}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417891}, pages = {191 -- 215}, year = {2018}, abstract = {Ismar Elbogen (1874-1943) and Franz Rosenzweig (1886-1929) were both pioneers in Jewish thought and culture. Elbogen authored the most comprehensive study on Jewish liturgy, while Rosenzweig's magnum opus The Star of Redemption has emerged as one of the twentieth century's most innovative and elusive works of Jewish thought. Even though Rosenzweig is not known for his work on or appreciation for the Wissenschaft des Judentums, this article will explore this overlooked aspect of his thought by exploring the influence of Ismar Elbogen. Commentaries to Rosenzweig's views on prayer are numerous, yet none mention the work of Elbogen. This is a problem. By comparing Elbogen's work on Jewish liturgy with Rosenzweig's writings on prayer in the Star, we are able to demonstrate how methods seminal to the Wissenschaft des Judentums helped articulate several of Rosenzweig's most innovative contributions to Jewish thought.}, language = {en} } @article{Yedidya2018, author = {Yedidya, Asaf}, title = {Enlisted History}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417808}, pages = {79 -- 101}, year = {2018}, abstract = {Zeev Jawitz (1847-1924) was active in all spheres of culture: history, language, literature and pedagogy, all the while striving for harmonization with the Orthodox outlook. He understood that a people returning to its homeland needed a national culture, one that was both broad and deep, and that the narrow world of the Halakhah would no longer suffice. His main work was the multi-volume Toldot Israel (History of Israel, published 1895-1924) which encompasses Jewish history from its beginning - Patriarchs - until the end of the 19th century. His historical writing, with its emphasis on internal religious Jewish sources, the unity and continuity of Jewish history, and respect of Orthodox principles, comes as an alternative to the historiography of the celebrated historian Heinrich Graetz. The alternative that Jawitz tried to substitute for Wissenschaft des Judentums, was influenced not only by Orthodox ideology, which he supported, but also by his nationalist ideology. He saw himself and his disciples as the "priests of memory," presenting the true and immanent history and character of the Jewish nation as a platform to the Jewish future in the land of Israel.}, language = {en} } @article{Kessler2018, author = {Kessler, Samuel J.}, title = {Rediscovering the Study of Spanish Kabbalism in Wissenschaft des Judentums}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417828}, pages = {125 -- 144}, year = {2018}, abstract = {This article examines the works of Adolf Jellinek (1821-1893) on the history of mysticism and the Kabbalah, which were written during his fourteen-year residence in Leipzig. It argues that studying the Spanish Kabbalists allowed Jellinek to work through ideas concerning the development of Jewish theology and the interplay of Jewish and non-Jewish philosophical perspectives. The article briefly describes Jellinek's early education and attraction to Leipzig; his first writings on Kabbalah; and concludes with an analysis of his larger philological and genealogical projects on the authorship and literary background of the Zohar. Though Jellinek's later prominence as a rabbi and preacher in Vienna has had the tendency to obscure his years in Leipzig, it was Jellinek's work in Saxony that laid the groundwork for most of his subsequent scholarship on Jewish mysticism. This article is a brief introduction to this research and one more step toward revealing the still too often forgotten Wissenschaft interest in the history of Jewish mysticism.}, language = {en} } @article{Bratkin2018, author = {Bratkin, Dimitri}, title = {Manuscripts, Images, and Biographies of Daniel Chwolson}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417884}, pages = {171 -- 189}, year = {2018}, abstract = {The St. Petersburg Branch of the Archive of the Russian Academy (PFA RAN) contains two manuscript biographies of Daniel Chwolson, the Russian-Jewish Orientalist, advocate of Jewish scholarship, and bridge builder to the Breslau Jewish Theological Seminary. They were written by his pupil and colleague, Pavel Kokovtsov, and his grandson Yevgeny Chwolson, respectively. These two texts are studied against the background of published texts and popular opinion of Chwolson in late Imperial Russia. Apart from some details, these manuscripts offer limited additional information as factual sources, most of their contents being mere variation of published texts. However, the biography of Chwolson written by his grandson is a valuable source on the reception of Chwolson and illustrates the potential of further mythological appreciation of his personality and works in the Soviet time as a defense strategy for Chwolson's family. It also contains crucial information on the fate of Chwolson's archive.}, language = {en} } @article{MeyerSchorsch2018, author = {Meyer, Michael A. and Schorsch, Ismar}, title = {"Zunz and Steinschneider Would Be Astonished - and Reassured"}, series = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, journal = {PaRDES : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien e. V.}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-417770}, pages = {19 -- 23}, year = {2018}, 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{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{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} } @article{Ariel2018, author = {Ariel, Yaakov S.}, title = {A New Kind of Jew}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408952}, pages = {133 -- 148}, year = {2018}, abstract = {The article examines Allen Ginsberg's spiritual path, and places his interest in Asian religions within larger cultural agendas and life choices. While identifying as a Jew, Ginsberg wished to transcend beyond his parents' orbit and actively sought to create an inclusive, tolerant, and permissive society where persons such as himself could live and create at ease. He chose elements from the Christian, Jewish, Native-American, Hindu, and Buddhist traditions, weaving them together into an ever-growing cultural and spiritual quilt. The poet never underwent a conversion experience or restricted his choices and freedoms. In Ginsberg's understanding, Buddhism was a universal, non-theistic religion that meshed well with an individualist outlook, and worked toward personal solace and mindfulness. He and other Jews saw no contradiction between enchantment with Buddhism and their Jewish identity.}, language = {en} } @article{Czendze2018, author = {Czendze, Oskar}, title = {Conference "Re-Framing American Jewish History and Thought: New Transnational Perspectives"}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-409023}, pages = {207 -- 212}, year = {2018}, language = {en} } @misc{Reich2018, author = {Reich, Tamar Chana}, title = {Alon Goshen-Gottstein: The Jewish Encounter with Hinduism: Wisdom, Spirituality, Identity / Same God, Other God: Judaism, Hinduism and the Problem of Idolatry /rezensiert von Tamar Chana Reich}, series = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, journal = {PaRDeS : Zeitschrift der Vereinigung f{\"u}r J{\"u}dische Studien [23 (2017)] = JewBus, Jewish Hindus \& other Jewish Encounters with East Asian Religions}, number = {23}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, isbn = {978-3-86956-418-0}, issn = {1614-6492}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-409041}, pages = {214 -- 218}, year = {2018}, abstract = {Alon Goshen-Gottstein: The Jewish Encounter with Hinduism: Wisdom, Spirituality, Identity (Interreligious Studies in Theory and Practice series), New York: Palgrave, Macmillan 2016, IX, 275 S. Alon Goshen-Gottstein: Same God, Other God: Judaism, Hinduism and the Problem of Idolatry (Interreligious Studies in Theory and Practice series), New York: Palgrave, Macmillan 2016. X, 265 S.}, 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{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{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} } @phdthesis{Behrens2018, author = {Behrens, Ricarda}, title = {Causes for slow weathering and erosion in the steep, warm, monsoon-subjected Highlands of Sri Lanka}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-408503}, school = {Universit{\"a}t Potsdam}, pages = {ix, 107, XXIV}, year = {2018}, abstract = {In the Highlands of Sri Lanka, erosion and chemical weathering rates are among the lowest for global mountain denudation. In this tropical humid setting, highly weathered deep saprolite profiles have developed from high-grade metamorphic charnockite during spheroidal weathering of the bedrock. The spheroidal weathering produces rounded corestones and spalled rindlets at the rock-saprolite interface. I used detailed textural, mineralogical, chemical, and electron-microscopic (SEM, FIB, TEM) analyses to identify the factors limiting the rate of weathering front advance in the profile, the sequence of weathering reactions, and the underlying mechanisms. The first mineral attacked by weathering was found to be pyroxene initiated by in situ Fe oxidation, followed by in situ biotite oxidation. Bulk dissolution of the primary minerals is best described with a dissolution - re-precipitation process, as no chemical gradients towards the mineral surface and sharp structural boundaries are observed at the nm scale. Only the local oxidation in pyroxene and biotite is better described with an ion by ion process. The first secondary phases are oxides and amorphous precipitates from which secondary minerals (mainly smectite and kaolinite) form. Only for biotite direct solid state transformation to kaolinite is likely. The initial oxidation of pyroxene and biotite takes place in locally restricted areas and is relatively fast: log J = -11 molmin/(m2 s). However, calculated corestone-scale mineral oxidation rates are comparable to corestone-scale mineral dissolution rates: log R = -13 molpx/(m2 s) and log R = -15 molbt/(m2 s). The oxidation reaction results in a volume increase. Volumetric calculations suggest that this observed oxidation leads to the generation of porosity due to the formation of micro-fractures in the minerals and the bedrock allowing for fluid transport and subsequent dissolution of plagioclase. At the scale of the corestone, this fracture reaction is responsible for the larger fractures that lead to spheroidal weathering and to the formation of rindlets. Since these fractures have their origin from the initial oxidational induced volume increase, oxidation is the rate limiting parameter for weathering to take place. The ensuing plagioclase weathering leads to formation of high secondary porosity in the corestone over a distance of only a few cm and eventually to the final disaggregation of bedrock to saprolite. As oxidation is the first weathering reaction, the supply of O2 is a rate-limiting factor for chemical weathering. Hence, the supply of O2 and its consumption at depth connects processes at the weathering front with erosion at the surface in a feedback mechanism. The strength of the feedback depends on the relative weight of advective versus diffusive transport of O2 through the weathering profile. The feedback will be stronger with dominating diffusive transport. The low weathering rate ultimately depends on the transport of O2 through the whole regolith, and on lithological factors such as low bedrock porosity and the amount of Fe-bearing primary minerals. In this regard the low-porosity charnockite with its low content of Fe(II) bearing minerals impedes fast weathering reactions. Fresh weatherable surfaces are a pre-requisite for chemical weathering. However, in the case of the charnockite found in the Sri Lankan Highlands, the only process that generates these surfaces is the fracturing induced by oxidation. Tectonic quiescence in this region and low pre-anthropogenic erosion rate (attributed to a dense vegetation cover) minimize the rejuvenation of the thick and cohesive regolith column, and lowers weathering through the feedback with erosion.}, language = {en} }