@techreport{Krieger2016, type = {Working Paper}, author = {Krieger, Heike}, title = {Rights and Obligations of Third Parties in Armed Conflict}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {5}, issn = {2509-3770}, doi = {10.25932/publishup-42073}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420732}, pages = {23}, year = {2016}, abstract = {This paper will turn into a contribution to a book on community obligations. It focusses on third parties' rights and obligations in armed conflict. It is often said that international law has developed from a legal order which is designed to protect sovereignty to a system which also promotes community interests. This shift is said to be reflected in structural changes of the legal system. The creation of rights and obligations for third parties is generally seen as a part of this perceived paradigmatic shift. Community interests can be furthered either by negative duties of abstention, by an entitlement for third states, or even by duties to take positive measures. Since the shift towards protecting community interests apparently requires some form of cooperation, positive rights and duties to protect and to promote appear to be indispensable. Authors relying on a community perspective often dismiss duties of abstention as an expression of indifference in the face of a violation of a fundamental norm. Solidarity seems to require that third states take a more proactive role in actively enforcing community interests. The paper aims to test this understanding on the basis of an analysis of rights and obligations of third states in armed conflict. In order to argue that duties of abstention of third states are a central instrument for promoting community interests in relation to armed conflicts, the paper will first trace pertinent structural changes in international law. In particular, it will question the extent to which positive rights and obligations of third states have been firmly established in international law. In a second step, this contribution will evaluate the overall tendencies in the ongoing lawmaking process for promoting community interests in relation to armed conflict.}, language = {en} } @techreport{KriegerNolte2016, type = {Working Paper}, author = {Krieger, Heike and Nolte, Georg}, title = {The International Rule of Law - Rise or Decline?}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {1}, issn = {2509-3770}, doi = {10.25932/publishup-41952}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419528}, pages = {25}, year = {2016}, abstract = {The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term "international rule of law" is chosen to designate the more recent and "thicker" understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.}, language = {en} } @techreport{Kane2016, type = {Working Paper}, author = {Kane, Angela}, title = {Abr{\"u}stungsvertr{\"a}ge in der UNO}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {3}, issn = {2509-3770}, doi = {10.25932/publishup-42050}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420505}, pages = {12}, year = {2016}, abstract = {Das dritte Working Paper in der KFG Working Paper Series analysiert Zustand und Perspektiven v{\"o}lkerrechtlicher Abr{\"u}stungsvertr{\"a}ge unter der {\"A}gide der Vereinten Nationen. W{\"a}hrend die dreißig Jahre zwischen der Kuba-Krise und dem Fall des Eisernen Vorhangs f{\"u}r die Abr{\"u}stung eine erfolgreiche Periode gewesen seien, seien in den Vereinten Nationen seither außer dem Waffenhandelsvertrag keine weiteren Abr{\"u}stungsvertr{\"a}ge abgeschlossen worden. Die gegenw{\"a}rtige Stimmung sei abwartend bis negativ, obwohl es ein Nachholbed{\"u}rfnis gebe, Abr{\"u}stungsvertr{\"a}ge an die heutigen politischen Gegebenheiten sowie an den Stand der Technik anzupassen. Die Verfasserin schl{\"a}gt als L{\"o}sung vor, durch eine Politik der kleinen Schritte ein besseres Abr{\"u}stungsklima zu schaffen, indem dem Diskurs auf Grundlage zus{\"a}tzlicher Protokolle zu bestehenden Vertr{\"a}gen und notfalls auch durch ein Ausweichen auf andere Gremien eine neue Richtung verliehen werde.}, language = {de} } @techreport{Kahombo2016, type = {Working Paper}, author = {Kahombo, Balingene}, title = {Africa Within the Justice System of the International Criminal Court}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {2}, issn = {2509-3770}, doi = {10.25932/publishup-41953}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419537}, pages = {42}, year = {2016}, abstract = {This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.}, language = {en} } @techreport{Buser2016, type = {Working Paper}, author = {Buser, Andreas}, title = {Colonial Injustices and the Law of State Responsibility}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {4}, issn = {2509-3770}, doi = {10.25932/publishup-42054}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420541}, pages = {30}, year = {2016}, abstract = {Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today's international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.}, language = {en} } @techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Requisite Rigour in the Identification of Customary International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {6}, issn = {2509-3770}, doi = {10.25932/publishup-42074}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420742}, pages = {27}, year = {2017}, abstract = {Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL - practice and opinio juris - have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.}, language = {en} } @techreport{Nolte2017, type = {Working Paper}, author = {Nolte, Georg}, title = {The International Law Commission and Community Interests}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {7}, issn = {2509-3770}, doi = {10.25932/publishup-42187}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421875}, pages = {22}, year = {2017}, abstract = {The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by "community interests", the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of "from self-interest to community interest". Whereas the Commission has recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules of international law, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional State-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push towards the recognition of more and thicker community interests.}, language = {en} } @techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Rule of Law in the 2030 Agenda}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {9}, issn = {2509-3770}, doi = {10.25932/publishup-42190}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421906}, pages = {34}, year = {2017}, abstract = {The rule of law is the cornerstone of the international legal system. This paper shows, through analysis of intergovernmental instruments, statements made by representatives of States, and negotiation records, that the rule of law at the United Nations has become increasingly contested in the past years. More precisely, the argument builds on the process of integrating the notion of the rule of law into the Sustainable Development Goals, adopted in September 2015 in the document Transforming our world: the 2030 Agenda for Sustainable Development. The main sections set out the background of the rule of law debate at the UN, the elements of the rule of law at the goal- and target-levels in the 2030 Agenda - especially in the SDG 16 -, and evaluate whether the rule of law in this context may be viewed as a normative and universal foundation of international law. The paper concludes, with reflections drawn from the process leading up to the 2030 Agenda and the final outcome document that the rule of law - or at least strong and precise formulations of the concept - may be in decline in institutional and normative settings. This can be perceived as symptomatic of a broader crisis of the international legal order.}, language = {en} } @techreport{KriegerZimmermann2018, type = {Working Paper}, author = {Krieger, Heike and Zimmermann, Andreas}, title = {Sentenza 238/2014 of the Italian Constitutional Court and the International Rule of Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {15}, issn = {2509-3770}, doi = {10.25932/publishup-42214}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422140}, pages = {30}, year = {2018}, abstract = {The German-Italian dispute over the scope of sovereign immunities and claims of reparations for war crimes committed by German armed forces during World War II in Italy is in many ways specific and historically contingent. At the same time, it touches upon a number of fundamental challenges which the international community has to address in the interest of furthering the international rule of law. In this working paper both authors address the question whether the current law of sovereign immunities should be changed or interpreted in a manner as to allow for exceptions from State immunities in cases of grave violations of human rights. While the first part of the paper focusses on the perspective of general international law the second part addresses the question through the lense of European law. Both authors agree that unilateral efforts to push for what many consider a progressive development of international law actually may entail adverse effects for the international rule of law and thus may even contribute to a broader crisis of the international legal order.}, language = {en} } @techreport{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} } @techreport{Burchardt2018, type = {Working Paper}, author = {Burchardt, Dana}, title = {The Functions of Law and Their Challenges}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {17}, issn = {2509-3770}, doi = {10.25932/publishup-42231}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-422318}, pages = {29}, year = {2018}, abstract = {This paper illustrates the functional and conceptual variances of law in different contexts. Whereas legal actors on the international level might normatively aim for law to have a similar effect to that of domestic law, the way in which international and supranational law can fulfil these potential functions is different. Accordingly, this paper argues that an awareness with regard to the particularities and challenges that the potential functions of law encounter in the international and supranational context is needed. Moreover, it suggests an analytical lens to conceptually frame and locate current developments, offering a broader perspective on, or even an element of explication for, the apparent crisis that law is currently facing on the international and supranational scale. After describing the potential functions of law on an abstract scale and grouping them into analytical categories, the paper uses these categories as a lens in order to assess in which way international law can fulfil these potential functions, where priorities regarding certain functions might differ and where some aspects of these functions are challenged when law is made and applied in the international and supranational sphere.}, language = {en} } @techreport{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} } @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{ZimmermannBoos2018, type = {Working Paper}, author = {Zimmermann, Andreas and Boos, Felix}, title = {Bringing States to Justice for Crimes against Humanity}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {12}, issn = {2509-3770}, doi = {10.25932/publishup-42203}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-422035}, pages = {24}, year = {2018}, abstract = {Draft Art. 15 CCAH attempts to strike a balance between State autonomy and robust judicial supervision. It largely follows Article 22 CERD conditioning the jurisdiction of the ICJ on prior negotiations. Hence, the substance of the clause is interpreted in light of the Court's recent case law, especially Georgia v. Russia. Besides, several issues regarding the scope ratione temporis of the compromissory clause are discussed. The article advances several proposals to further improve the current draft, addressing the missing explicit reference to State responsibility, as well as the relationship between the Court and a possible treaty body, It also proposes to recalibrate the interplay of a requirement of prior negotiations respectively the seizing of a future treaty body on the one hand and provisional measures to be indicated by the Court on the other.}, language = {en} }