TY - CHAP A1 - Kaya, Gizem A1 - Kopshteyn, Georgy ED - Kubbe, Ina ED - Varraich, Aiysha T1 - Dispersing the fog BT - a philosophical analysis of institutional corruption applied to the MENA region T2 - Corruption and informal practices in the Middle East and North Africa N2 - Countries in the Middle East generally fare poorly in Transparency International’s Corruption Perceptions Index. One of the biggest challenges for the anti-corruption-regime in the Middle East are the many forms of corruption that are not being recognised as such on the local level, if assessed against a culturally relativistic benchmark. Our paper seeks to establish a unifying ground by providing a functional analysis of corruption which is both, normatively guiding and culturally sensitive. We demarcate our work as follows: (1) our reference point will be the phenomenon of institutional corruption, whereas (2) our working definition of corruption will conceive of corruption as a violation of role-specific norms that is motivated by the role-occupier’s private motives. In an attempt to offer a comprehensive approach, corruption will be viewed on two differing levels. On the external level, we will begin with an investigation of features within a norm-order that typically instantiate corruption. We will argue that corruption is externally conditioned by an authority’s inability to enforce and (re)establish the norms of conduct that ought to be action-guiding in office. This changes the expectation-structure within a norm-order and erodes public trust in the authorities, giving rise to willing perpetrators. Complementing this, the internal level of our framework will emphasize the motivational deficits of corrupt acts. It will be argued that this deficit can typically be found in societies that lack civic virtues. This, we suspect, is the functional reason why corrupt societies have such a hard time to overcome the problem: they lack both features and are, as a consequence, caught in a vicious circle as they struggle to strengthen civil society and consolidate institutional structures – whereas corruption increasingly disappears from the radar as it becomes accepted reality. Y1 - 2020 SN - 978-0-367-82285-9 SN - 978-0-367-42226-4 U6 - https://doi.org/10.4324/9780367822859-2 SP - 23 EP - 42 PB - Routledge CY - London ER - TY - CHAP A1 - Weiß, Norman A1 - Zimmermann, Andreas ED - Zimmermann, Andreas ED - Weiß, Norman T1 - Remarks on the relationship between international human rights law and international humanitarian law T2 - Human rights and international humanitarian law : challenges ahead N2 - Back in 1949, and thus only one year after the 1948 Universal Declaration of Human Rights, the four Geneva Conventions were adopted, providing a strong signal for a new world order created after 1945 with the United Nations at their centre and combining as their goals both the maintenance of peace and security and the protection of human rights, but also recognising, realistically, that succeeding generations had so far not yet been saved from the scourge of war. Hence, the continued need for rules governing, and limiting, the means and methods of warfare once an armed conflict has erupted. At the same time, the international community has unfortunately not been able so far to fully safeguard individual human rights, its efforts to that effect and the continuous development of international human rights law over the years notwithstanding. Y1 - 2022 SN - 978-1-83910-826-6 SN - 978-1-83910-827-3 U6 - https://doi.org/10.4337/9781839108273.00006 SP - 1 EP - 10 PB - Edward Elgar Publishing CY - Cheltenham ER - TY - CHAP A1 - Weiß, Norman T1 - Programmes of Cooperation and Solidarity T2 - The Council of Europe : its law and policies Y1 - 2017 SN - 978-0-19-967252-3 SP - 788 EP - 798 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Klein, Eckart ED - Schmahl, Stefanie ED - Breuer, Marten T1 - Seat and Symbols of the Council of Europe T2 - The Council of Europe : its law and politics Y1 - 2017 SN - 978-0-19-967252-3 SP - 93 EP - 107 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Klein, Eckart ED - Schmahl, Stefanie ED - Breuer, Marten T1 - Membership and Observer Status T2 - The Council of Europe : its law and politics Y1 - 2017 SN - 978-0-19-967252-3 SP - 41 EP - 92 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Weiß, Norman ED - Schmahl, Stefanie ED - Breuer, Marten T1 - Origin and Further Development T2 - The Council of Europe : its law and politics Y1 - 2017 SN - 978-0-19-967252-3 SP - 3 EP - 22 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Weiß, Norman ED - Arnold, Rainer T1 - Rule of Law as a Basis for Effective Human Rights Protection BT - The German Perspective T2 - The Universalism of Human Rights (Ius Gentium : Comparative Perspectives on Law and Justice ; 16) N2 - Human rights can be understood as a multi-faceted concept which needs a strong legal basis, namely, a set of legal guarantees in human rights treaties and an increasing number of monitoring mechanisms. Following the Universal Declaration of Human Rights (UDHR) of December 10, 1948, various multi-lateral treaties for the protection of human rights have been negotiated and entered into force. They are not restricted to civil and political rights and take a much broader approach. All have monitoring mechanisms acting on a legal basis. The important European system with its strong, judicial monitoring mechanism is providing an effective human rights protection focused on civil and political rights. In the Görgülü case (2004), the German Federal Constitutional Court underlined the importance of the European Court’s judgments and of the ECHR as a legally binding instrument for the protection of human rights. Y1 - 2012 UR - http://link.springer.com/book/10.1007%2F978-94-007-4510-0 SN - 978-94-007-4509-4 SN - 1534-6781 SN - 2214-9902 SP - 257 EP - 267 PB - Springer CY - Dodrecht ER -