TY - RPRT A1 - Franks, Max A1 - Kalkuhl, Matthias A1 - Lessmann, Kai T1 - Optimal Pricing for Carbon Dioxide Removal Under Inter-Regional Leakage T2 - CEPA Discussion Papers N2 - Carbon dioxide removal (CDR) moves atmospheric carbon to geological or land-based sinks. In a first-best setting, the optimal use of CDR is achieved by a removal subsidy that equals the optimal carbon tax and marginal damages. We derive second-best subsidies for CDR when no global carbon price exists but a national government implements a unilateral climate policy. We find that the optimal carbon tax differs from an optimal CDR subsidy because of carbon leakage, terms-of-trade and fossil resource rent dynamics. First, the optimal removal subsidy tends to be larger than the carbon tax because of lower supply-side leakage on fossil resource markets. Second, terms-of-trade effects exacerbate this wedge for net resource exporters, implying even larger removal subsidies. Third, the optimal removal subsidy may fall below the carbon tax for resource-poor countries when marginal environmental damages are small. T3 - CEPA Discussion Papers - 43 KW - carbon pricing KW - trade KW - unilateral climate policy KW - terms-of-trade effects KW - removal subsidies Y1 - 2022 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-538080 SN - 2628-653X IS - 43 ER - TY - RPRT A1 - Caliendo, Marco A1 - Künn, Steffen A1 - Mahlstedt, Robert T1 - The Intended and Unintended Effects of Promoting Labor Market Mobility T2 - CEPA Discussion Papers N2 - Subsidizing the geographical mobility of unemployed workers may improve welfare by relaxing their financial constraints and allowing them to find jobs in more prosperous regions. We exploit regional variation in the promotion of mobility programs along administrative borders of German employment agency districts to investigate the causal effect of offering such financial incentives on the job search behavior and labor market integration of unemployed workers. We show that promoting mobility – as intended – causes job seekers to increase their search radius, apply for and accept distant jobs. At the same time, local job search is reduced with adverse consequences for reemployment and earnings. These unintended negative effects are provoked by spatial search frictions. Overall, the unconditional provision of mobility programs harms the welfare of unemployed job seekers. T3 - CEPA Discussion Papers - 42 KW - Job Search KW - Active Labor Market Policy KW - Labor Market Mobility KW - Unintended Consequence KW - Search Frictions Y1 - 2022 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-535229 SN - 2628-653X ER - TY - RPRT A1 - Bachelet, Marion A1 - Kalkuhl, Matthias A1 - Koch, Nicolas T1 - What if working from home will stick? BT - Distributional and climate impacts for Germany T2 - CEPA Discussion Papers N2 - The COVID-19 pandemic created the largest experiment in working from home. We study how persistent telework may change energy and transport consumption and costs in Germany to assess the distributional and environmental implications when working from home will stick. Based on data from the German Microcensus and available classifications of working-from-home feasibility for different occupations, we calculate the change in energy consumption and travel to work when 15% of employees work full time from home. Our findings suggest that telework translates into an annual increase in heating energy expenditure of 110 euros per worker and a decrease in transport expenditure of 840 euros per worker. All income groups would gain from telework but high-income workers gain twice as much as low-income workers. The value of time saving is between 1.3 and 6 times greater than the savings from reduced travel costs and almost 9 times higher for high-income workers than low-income workers. The direct effects on CO₂ emissions due to reduced car commuting amount to 4.5 millions tons of CO₂, representing around 3 percent of carbon emissions in the transport sector. T3 - CEPA Discussion Papers - 41 KW - commuting KW - home office KW - COVID-19 KW - energy expenditure KW - carbon emissions Y1 - 2022 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-532384 SN - 2628-653X IS - 41 ER - TY - RPRT A1 - Caliendo, Marco A1 - Wittbrodt, Linda T1 - Did the Minimum Wage Reduce the Gender Wage Gap in Germany? T2 - CEPA Discussion Papers N2 - In many countries, women are over-represented among low-wage employees, which is why a wage floor could benefit them particularly. Following this notion, we analyse the impact of the German minimum wage introduction in 2015 on the gender wage gap. Germany poses an interesting case study in this context, since it has a rather high gender wage gap and set the minimum wage at a relatively high level, affecting more than four million employees. Based on individual data from the Structure of Earnings Survey, containing information for over one million employees working in 60,000 firms, we use a difference-in- difference framework that exploits regional differences in the bite of the minimum wage. We find a significant negative effect of the minimum wage on the regional gender wage gap. Between 2014 and 2018, the gap at the 10th percentile of the wage distribution was reduced by 4.6 percentage points (or 32%) in regions that were strongly affected by the minimum wage compared to less affected regions. For the gap at the 25th percentile, the effect still amounted to -18%, while for the mean it was smaller (-11%) and not particularly robust. We thus find that the minimum wage can indeed reduce gender wage disparities. While the effect is highest for the low-paid, it also reaches up into higher parts of the wage distribution. T3 - CEPA Discussion Papers - 40 KW - Minimum Wage KW - Gender Wage Gap KW - Regional Bite Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-530464 SN - 2628-653X IS - 40 ER - TY - RPRT A1 - Borck, Rainald A1 - Gohl, Niklas T1 - Gentrification and Affordable Housing Policies T2 - CEPA Discussion Papers N2 - We use a quantitative spatial equilibrium model to evaluate the distributional and welfare impacts of a recent temporary rent control policy in Berlin, Germany. We calibrate the model to key features of Berlin’s housing market, in particular the recent gentrification of inner city locations. As expected, gentrification benefits rich homeowners, while poor renter households lose. Our counterfactual analysis mimicks the rent control policy. We find that this policy reduces welfare for rich and poor households and in fact, the percentage change in welfare is largest for the poorest households. We also study alternative affordable housing policies such as subsidies and re-zoning policies, which are better suited to address the adverse consequences of gentrification. T3 - CEPA Discussion Papers - 39 KW - rent control KW - housing market KW - gentrification Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-529300 SN - 2628-653X IS - 39 ER - TY - RPRT A1 - Späth, Maximilian T1 - It’s me again… Ask Avoidance and the Dynamics of Charitable Giving T2 - CEPA Discussion Papers N2 - Charities typically ask potential donors repeatedly for a donation. These repeated requests might trigger avoidance behavior. Considering that, this paper analyzes the impact of offering an ask avoidance option on charitable giving. In a proposed utility framework, the avoidance option decreases the social pressure to donate. At the same time, it induces feelings of gratitude toward the fundraiser, which may lead to a reciprocal increase in donations. The results of a lab experiment designed to disentangle the two channels show no negative impact of the option to avoid repeated asking on donations. Instead, the full model indicates a positive impact of the reciprocity channel. This finding suggests that it might be beneficial for charities to introduce an ask avoidance option during high-frequency fundraising campaigns. T3 - CEPA Discussion Papers - 38 KW - Charitable giving KW - Repeated request KW - Ask avoidance KW - Experiment Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-520991 SN - 2628-653X IS - 38 ER - TY - RPRT A1 - Mena, Wogene Berhanu T1 - Civilizational hexagon as a pathway to conflict management BT - examining its application in Sub-Saharan Africa in the post-cold war era T2 - State, Law, and Politics - Research and Discussion Papers T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere N2 - This paper examines the attempts of implement-ing components of the concept called Civiliza-tional Hexagon as a pathway to civilizing conflict in the Sub-Saharan Africa in the post-Cold War period. Despite significant decline in the violent conflict and substantial progress socio-economic aspects in the period, most states in the region have been facing challenges in their way to civilize conflict related to absence of inclusive political system, weak state unable to monopolize the use of violence in its territory, and social injustice. On the other hand, states like Botswana and Mauritius managed to civilize conflict through significant improvement in democratic consolidation. Besides their relative success in implementing six elements, these states enabled to integrate traditional institutions with modern state apparatus that helped them to fill the gap created as result of exogenous state formation process and the resulting unfinished nation-building project. Additionally, traditional institutions contributed to managing diversity. N2 - Dieses Papier untersucht die Versuche, Komponenten des Konzepts „zivilisatorisches Hexagon“ als einen Weg zur Zivilisierung von Konlikten in Afrika südlich der Sahara nach 1990 umzusetzen. Trotz eines signifikanten Rückgangs der gewaltsamen Konflikte und erheblicher Fortschritte in sozio-ökonomischen Aspekten stehen die meisten Staaten in der Region vor Herausforderungen, die mit dem Fehlen eines inklusiven politischen Systems, einem schwachen Staat, der nicht in der Lage ist, das Gewaltmonopol in seinem Territorium auszuüben, und sozialer Ungerechtigkeit zusammenhängen. Gleichwohl sind Staaten wie Botswana und Mauritius in der Lage, Konflikte durch signifikante Verbesserung der demokratischen Konsolidierung zu zivilisieren. Neben ihrem relativen Erfolg bei der Umsetzung der sechs Elemente haben diese Staaten es geschafft, traditionelle Institutionen in den modernen Staatsapparat zu integrieren, was ihnen half, die Lücke zu füllen, die durch den exogenen Staatsbildungsprozess und das daraus resultierende unvollendete Projekt der Nationenbildung entstanden war. Zusätzlich halfen die traditionellen Institutionen dabei, Vielfalt zu sichern. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 11 KW - conflict management KW - Sub-Saharan Africa Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-516695 SN - 2509-6974 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - RPRT A1 - Kritikos, Alexander A1 - Schiersch, Alexander A1 - Stiel, Caroline T1 - The productivity puzzle in business services T2 - CEPA Discussion Papers N2 - In Germany, the productivity of professional services, a sector dominated by micro and small firms, declined by 40 percent between 1995 and 2014. This productivity decline also holds true for professional services in other European countries. Using a German firm-level dataset of 700,000 observations between 2003 and 2017, we analyze this largely uncovered phenomenon among professional services, the 4th largest sector in the EU15 business economy, which provide important intermediate services for the rest of the economy. We show that changes in the value chain explain about half of the decline and the increase in part-time employment is a further minor part of the decline. In contrast to expectations, the entry of micro and small firms, despite their lower productivity levels, is not responsible for the decline. We also cannot confirm the conjecture that weakening competition allows unproductive firms to remain in the market. T3 - CEPA Discussion Papers - 37 KW - business services KW - labor productivity KW - productivity slowdown Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-514536 SN - 2628-653X IS - 37 ER - TY - RPRT A1 - Hinz, Julian A1 - Stammann, Amrei A1 - Wanner, Joschka T1 - State Dependence and Unobserved Heterogeneity in the Extensive Margin of Trade T2 - CEPA Discussion Papers N2 - We study the role and drivers of persistence in the extensive margin of bilateral trade. Motivated by a stylized heterogeneous firms model of international trade with market entry costs, we consider dynamic three-way fixed effects binary choice models and study the corresponding incidental parameter problem. The standard maximum likelihood estimator is consistent under asymptotics where all panel dimensions grow at a constant rate, but it has an asymptotic bias in its limiting distribution, invalidating inference even in situations where the bias appears to be small. Thus, we propose two different bias-corrected estimators. Monte Carlo simulations confirm their desirable statistical properties. We apply these estimators in a reassessment of the most commonly studied determinants of the extensive margin of trade. Both true state dependence and unobserved heterogeneity contribute considerably to trade persistence and taking this persistence into account matters significantly in identifying the effects of trade policies on the extensive margin. T3 - CEPA Discussion Papers - 36 KW - dynamic binary choice KW - extensive margin KW - high-dimensional fixed effects KW - incidental parameter bias correction KW - trade policy Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-511919 SN - 2628-653X ER - TY - RPRT A1 - Marcus, Jan A1 - Siedler, Thomas A1 - Ziebarth, Nicolas R. T1 - The Long-Run Effects of Sports Club Vouchers for Primary School Children T2 - CEPA Discussion Papers N2 - Starting in 2009, the German state of Saxony distributed sports club membership vouchers among all 33,000 third graders in the state. The policy’s objective was to encourage them to develop a long-term habit of exercising. In 2018, we carried out a large register-based survey among several cohorts in Saxony and two neighboring states. Our difference-in-differences estimations show that, even after a decade, awareness of the voucher program was significantly higher in the treatment group. We also find that youth received and redeemed the vouchers. However, we do not find significant short- or long-term effects on sports club membership, physical activity, overweightness, or motor skills. T3 - CEPA Discussion Papers - 34 KW - physical activity KW - voucher KW - primary school KW - obesity KW - habit formation KW - objective health measures KW - school health examinations KW - windfall gains KW - crowding out KW - taxpayer subsidies Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-508978 SN - 2628-653X IS - 34 ER - TY - RPRT A1 - Felfe, Christina A1 - Kocher, Martin A1 - Rainer, Helmut A1 - Saurer, Judith A1 - Siedler, Thomas T1 - More Opportunity, More Cooperation? BT - The Behavioral Effects of Birthright Citizenship on Immigrant Youth T2 - CEPA Discussion Papers N2 - Inequality of opportunity, particularly when overlaid with socioeconomic, ethnic, or cultural differences, may limit the scope of cooperation between individuals. A central question, then, is how to overcome such obstacles to cooperation. We study this question in the context of Germany, by asking whether the propensity of immigrant youth to cooperate with native peers was affected by a major integration reform: the introduction of birthright citizenship. Our unique setup exploits data from a large-scale lab-in-the-field experiment in a quasi-experimental evaluation framework. We find that the policy caused male, but not female, immigrants to significantly increase their cooperativeness toward natives. We show that the increase in out-group cooperation among immigrant boys is an outcome of more trust rather than a reflection of stronger other- regarding preferences towards natives. In exploring factors that may explain these behavioral effects, we present evidence that the policy also led to a near-closure of the educational achievement gap between young immigrant men and their native peers. Our results highlight that, through integration interventions, governments can modify prosocial behavior in a way that generates higher levels of efficiency in the interaction between social groups. T3 - CEPA Discussion Papers - 32 Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-508643 SN - 2628-653X IS - 32 ER - TY - RPRT A1 - Brenner, Andri T1 - The Social Power of Spillover Effects BT - Educating Against Environmental Externalities T2 - CEPA Discussion Papers N2 - Economists are worried that the lack of property rights to natural capital goods jeopardizes the sustainability of the economic growth miracle that has existed since industrialization. This article questions their position. A vertical innovation model with a portfolio of technologies for abatement, adaptation, and general (Harrod-neutral) technology reveals that environmental damage spillovers have a comparable effect on research profits as technology spillovers so that the social costs of depleting public natural capital are internalized. As long as there is free access to information and technology, growth is sustainable and the allocation of research efforts among alternative technologies is socially optimal. While there still is a need to address externalities from monopolistic research markets, no environmental policy is necessary. These results suggest that environmental externalities may originate in restricted access to information and technology, demonstrating that (i) information has a similar effect as an environmental tax and (ii) knowledge and technology transfers have an impact comparable to that of subsidies for research in green technology. T3 - CEPA Discussion Papers - 35 KW - endogenous growth KW - horizontal innovation KW - sustainability Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-511098 SN - 2628-653X IS - 35 ER - TY - RPRT A1 - Eydam, Ulrich T1 - The Distributional Implications of Climate Policies Under Uncertainty T2 - CEPA Discussion Papers N2 - Promoting the decarbonization of economic activity through climate policies raises many questions. From a macroeconomic perspective, it is important to understand how these policies perform under uncertainty, how they affect short-run dynamics and to what extent they have distributional effects. In addition, uncertainties directly associated with climate policies, such as uncertainty about the carbon budget or emission intensities, become relevant aspects. We study the implications of emission reduction schemes within a Two-Agent New-Keynesian (TANK) model. This quantitative exercise, based on data for the German economy, provides various insights. In the light of frictions and fluctuations, compared to other instruments, a carbon price (i.e. tax) is associated with lower volatility in output and consumption. In terms of aggregate welfare, price instruments are found to be preferable. Conditional on the distribution of revenues from climate policies, quantity instruments can exert regressive effects, posing a larger economic loss on wealth-poor households, whereas price instruments are moderately progressive. Finally, we find that unexpected changes in climate policies can induce substantial aggregate adjustments. With uncertainty about the carbon budget, the costs of adjustment are larger under quantity instruments. T3 - CEPA Discussion Papers - 33 KW - Macroeconomic Dynamics KW - Environmental Policy KW - Inequality KW - Policy Design Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-508950 SN - 2628-653X IS - 33 ER - TY - RPRT A1 - Graeber, Daniel A1 - Schikora, Felicitas T1 - Hate is too great a burden to bear BT - Hate crimes and the mental health of refugees T2 - CEPA Discussion Papers N2 - Against a background of increasing violence against non-natives, we estimate the effect of hate crime on refugees’ mental health in Germany. For this purpose, we combine two datasets: administrative records on xenophobic crime against refugee shelters by the Federal Criminal Office and the IAB-BAMF-SOEP Survey of Refugees. We apply a regression discontinuity in time design to estimate the effect of interest. Our results indicate that hate crime has a substantial negative effect on several mental health indicators, including the Mental Component Summary score and the Patient Health Questionnaire-4 score. The effects are stronger for refugees with closer geographic proximity to the focal hate crime and refugees with low country-specific human capital. While the estimated effect is only transitory, we argue that negative mental health shocks during the critical period after arrival have important long-term consequences. Keywords: Mental health, hate crime, migration, refugees, human capital. T3 - CEPA Discussion Papers - 31 KW - mental health KW - hate crime KW - migration KW - refugees KW - human capital Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-507972 SN - 2628-653X IS - 31 ER - TY - RPRT A1 - Caliendo, Marco A1 - Tübbicke, Stefan T1 - Design and Effectiveness of Start-Up Subsidies BT - Evidence from a Policy Reform in Germany T2 - CEPA Discussion Papers N2 - While a growing body of literature finds positive impacts of Start-Up Subsidies (SUS) on labor market outcomes of participants, little is known about how the design of these programs shapes their effectiveness and hence how to improve policy. As experimental variation in program design is unavailable, we exploit the 2011 reform of the current German SUS program for the unemployed which strengthened case-workers’ discretionary power, increased entry requirements and reduced monetary support. We estimate the impact of the reform on the program’s effectiveness using samples of participants and non-participants from before and after the reform. To control for time-constant unobserved heterogeneity as well as differential selection patterns based on observable characteristics over time, we combine Difference-in-Differences with inverse probability weighting using covariate balancing propensity scores. Holding participants’ observed characteristics as well as macroeconomic conditions constant, the results suggest that the reform was successful in raising employment effects on average. As these findings may be contaminated by changes in selection patterns based on unobserved characteristics, we assess our results using simulation-based sensitivity analyses and find that our estimates are highly robust to changes in unobserved characteristics. Hence, the reform most likely had a positive impact on the effectiveness of the program, suggesting that increasing entry requirements and reducing support in-creased the program’s impacts while reducing the cost per participant. T3 - CEPA Discussion Papers - 30 KW - Start-Up Subsidies KW - Institutions KW - Policy Reform KW - Difference-in-Differences Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-500056 SN - 2628-653X IS - 30 ER - TY - RPRT A1 - Šedová, Barbora A1 - Čizmaziová, Lucia A1 - Cook, Athene T1 - A meta-analysis of climate migration literature T2 - CEPA Discussion Papers N2 - The large literature that aims to find evidence of climate migration delivers mixed findings. This meta-regression analysis i) summarizes direct links between adverse climatic events and migration, ii) maps patterns of climate migration, and iii) explains the variation in outcomes. Using a set of limited dependent variable models, we meta-analyze thus-far the most comprehensive sample of 3,625 estimates from 116 original studies and produce novel insights on climate migration. We find that extremely high temperatures and drying conditions increase migration. We do not find a significant effect of sudden-onset events. Climate migration is most likely to emerge due to contemporaneous events, to originate in rural areas and to take place in middle-income countries, internally, to cities. The likelihood to become trapped in affected areas is higher for women and in low-income countries, particularly in Africa. We uniquely quantify how pitfalls typical for the broader empirical climate impact literature affect climate migration findings. We also find evidence of different publication biases. T3 - CEPA Discussion Papers - 29 KW - migration KW - climate change KW - meta-analysis Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-499827 SN - 2628-653X IS - 29 ER - TY - RPRT A1 - Hänsel, Martin C. A1 - Franks, Max A1 - Kalkuhl, Matthias A1 - Edenhofer, Ottmar T1 - Optimal carbon taxation and horizontal equity BT - A welfare-theoretic approach with application to German household data T2 - CEPA Discussion Papers N2 - We develop a model of optimal carbon taxation and redistribution taking into account horizontal equity concerns by considering heterogeneous energy efficiencies. By deriving first- and second-best rules for policy instruments including carbon taxes, transfers and energy subsidies, we then investigate analytically how horizontal equity is considered in the social welfare maximizing tax structure. We calibrate the model to German household data and a 30 percent emission reduction goal. Our results show that energy-intensive households should receive more redistributive resources than energy-efficient households if and only if social inequality aversion is sufficiently high. We further find that redistribution of carbon tax revenue via household-specific transfers is the first-best policy. Equal per-capita transfers do not suffer from informational problems, but increase mitigation costs by around 15 percent compared to the first- best for unity inequality aversion. Adding renewable energy subsidies or non-linear energy subsidies, reduces mitigation costs further without relying on observability of households’ energy efficiency. T3 - CEPA Discussion Papers - 28 KW - carbon price KW - horizontal equity KW - redistribution KW - renewable energy subsidies KW - climate policy KW - just transition Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-498128 SN - 2628-653X IS - 28 ER - TY - RPRT A1 - Graeber, Daniel A1 - Kritikos, Alexander A1 - Seebauer, Johannes T1 - COVID-19: a crisis of the female self-employed T2 - CEPA Discussion Papers N2 - We investigate how the economic consequences of the pandemic, and of the government-mandated measures to contain its spread, affect the self-employed – particularly women – in Germany. For our analysis, we use representative, real-time survey data in which respondents were asked about their situation during the COVID-19 pandemic. Our findings indicate that among the self-employed, who generally face a higher likelihood of income losses due to COVID-19 than employees, women are 35% more likely to experience income losses than their male counterparts. Conversely, we do not find a comparable gender gap among employees. Our results further suggest that the gender gap among the self-employed is largely explained by the fact that women disproportionately work in industries that are more severely affected by the COVID-19 pandemic. Our analysis of potential mechanisms reveals that women are significantly more likely to be impacted by government-imposed restrictions, i.e. the regulation of opening hours. We conclude that future policy measures intending to mitigate the consequences of such shocks should account for this considerable variation in economic hardship. T3 - CEPA Discussion Papers - 27 KW - self-employed KW - COVID-19 KW - income KW - gender KW - representative real-time survey data KW - decomposition methods Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-498108 SN - 2628-653X IS - 27 ER - TY - RPRT A1 - Ludolph, Lars A1 - Šedová, Barbora T1 - Global food prices, local weather and migration in Sub-Saharan Africa T2 - CEPA Discussion Papers N2 - In this paper, we study the effect of exogenous global crop price changes on migration from agricultural and non-agricultural households in Sub-Saharan Africa. We show that, similar to the effect of positive local weather shocks, the effect of a locally-relevant global crop price increase on household out-migration depends on the initial household wealth. Higher international producer prices relax the budget constraint of poor agricultural households and facilitate migration. The order of magnitude of a standardized price effect is approx. one third of the standardized effect of a local weather shock. Unlike positive weather shocks, which mostly facilitate internal rural-urban migration, positive income shocks through rising producer prices only increase migration to neighboring African countries, likely due to the simultaneous decrease in real income in nearby urban areas. Finally, we show that while higher producer prices induce conflict, conflict does not play a role for the household decision to send a member as a labor migrant. T3 - CEPA Discussion Papers - 26 KW - labour migration KW - food prices KW - climate KW - Africa Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-494946 SN - 2628-653X IS - 26 ER - TY - RPRT A1 - Amann, Erwin A1 - Rzepka, Sylvi T1 - The Effect of Goal-Setting Prompts in a Blended Learning Environment BT - Evidence from a Field Experiment T2 - CEPA Discussion Papers N2 - We investigate how inviting students to set task-based goals affects usage of an online learning platform and course performance. We design and implement a randomized field experiment in a large mandatory economics course with blended learning elements. The low-cost treatment induces students to use the online learning system more often, more intensively, and to begin earlier with exam preparation. Treated students perform better in the course than the control group: they are 18.8% (0.20 SD) more likely to pass the exam and earn 6.7% (0.19 SD) more points on the exam. There is no evidence that treated students spend significantly more time, rather they tend to shift to more productive learning methods. The heterogeneity analysis suggests that higher treatment effects are associated with higher levels of behavioral bias but also with poor early course behavior. T3 - CEPA Discussion Papers - 25 KW - natural field experiment KW - blended learning KW - behavioral economics KW - goal-setting Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-493476 SN - 2628-653X N1 - The trial is registered in the AEA RCT registry, RCT ID AEARCTR-28790 (https://doi.org/10.1257/rct.2928-1.0). IS - 25 ER - TY - RPRT A1 - Andres, Maximilian A1 - Bruttel, Lisa Verena A1 - Friedrichsen, Jana T1 - The Leniency Rule Revisited: Experiments on Cartel Formation with Open Communication T2 - CEPA Discussion Papers N2 - The experimental literature on antitrust enforcement provides robust evidence that communication plays an important role for the formation and stability of cartels. We extend these studies through a design that distinguishes between innocuous communication and communication about a cartel, sanctioning only the latter. To this aim, we introduce a participant in the role of the competition authority, who is properly incentivized to judge communication content and price setting behavior of the firms. Using this novel design, we revisit the question whether a leniency rule successfully destabilizes cartels. In contrast to existing experimental studies, we find that a leniency rule does not affect cartelization. We discuss potential explanations for this contrasting result. T3 - CEPA Discussion Papers - 24 KW - cartel KW - judgment of communication KW - corporate leniency program KW - price competition KW - experiment Y1 - 2021 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-491696 SN - 2628-653X N1 - This project, including the design and hypotheses, was preregistered at OSF before data collection had started (osf.io/ubhz8). IS - 24 ER - TY - RPRT A1 - McLachlan, Campbell A T1 - Populism, the Pandemic & Prospects for International Law T2 - KFG Working Paper Series N2 - Populism has fatally weakened the world’s ability to respond to COVID-19, by undermining the capacity of the structures and mechanisms of international law to address the pandemic. The pandemic has exposed as a fallacy a key tenet of populism – to protect the ‘people’ of a nation from external forces, including international law. In fact international law, through the principle of self-determination, enshrines the ability of peoples to determine their own political organization. But this does not preclude agreement at the international level on matters of common interest to humanity as a whole that require community action. The prevention of infectious disease is just such a case, which states have long agreed could not remain solely the preserve of national polities, but requires a common international response. This paper, placing the current crisis in light of the development of international health law, critically examines the response of key populist governments to COVID-19 in order to address the larger issue of the implications of populism for the fate of international law. T3 - KFG Working Paper Series - 45 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-483479 IS - 45 ER - TY - RPRT A1 - Caliendo, Marco A1 - Cobb-Clark, Deborah A. A1 - Obst, Cosima A1 - Uhlendorff, Arne T1 - Risk Preferences and Training Investments T2 - CEPA Discussion Papers N2 - We analyze workers’ risk preferences and training investments. Our conceptual framework differentiates between the investment risk and insurance mechanisms underpinning training decisions. Investment risk leads risk-averse workers to train less; they undertake more training if it insures them against future losses. We use the German Socio-Economic Panel (SOEP) to demonstrate that risk affinity is associated with more training, implying that, on average, investment risks dominate the insurance benefits of training. Crucially, this relationship is evident only for general training; there is no relationship between risk attitudes and specific training. Thus, as expected, risk preferences matter more when skills are transferable – and workers have a vested interest in training outcomes – than when they are not. Finally, we provide evidence that the insurance benefits of training are concentrated among workers with uncertain employment relationships or limited access to public insurance schemes. T3 - CEPA Discussion Papers - 23 KW - Human Capital Investment KW - Work-related Training KW - Risk Preferences Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-480927 SN - 2628-653X IS - 23 ER - TY - RPRT A1 - Tübbicke, Stefan T1 - Entropy Balancing for Continuous Treatments T2 - CEPA Discussion Papers N2 - Interest in evaluating the effects of continuous treatments has been on the rise recently. To facilitate the estimation of causal effects in this setting, the present paper introduces entropy balancing for continuous treatments (EBCT) by extending the original entropy balancing methodology of Hainmüller (2012). In order to estimate balancing weights, the proposed approach solves a globally convex constrained optimization problem, allowing for much more computationally efficient implementation compared to other available methods. EBCT weights reliably eradicate Pearson correlations between covariates and the continuous treatment variable. This is the case even when other methods based on the generalized propensity score tend to yield insufficient balance due to strong selection into different treatment intensities. Moreover, the optimization procedure is more successful in avoiding extreme weights attached to a single unit. Extensive Monte-Carlo simulations show that treatment effect estimates using EBCT display similar or lower bias and uniformly lower root mean squared error. These properties make EBCT an attractive method for the evaluation of continuous treatments. Software implementation is available for Stata and R. T3 - CEPA Discussion Papers - 21 KW - Balancing weights KW - Continuous Treatment KW - Monte-Carlo simulation KW - Observational studies Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-478950 SN - 2628-653X IS - 21 ER - TY - RPRT A1 - Caliendo, Marco A1 - Mahlstedt, Robert A1 - van den Berg, Gerard J. A1 - Vikström, Johan T1 - Side Effects of Labor Market Policies T2 - CEPA Discussion Papers N2 - Labor market policy tools such as training and sanctions are commonly used to help bring workers back to work. By analogy to medical treatments, the individual exposure to these tools may have side effects. We study effects on health using individual-level population registers on labor market events outcomes, drug prescriptions and sickness absence, comparing outcomes before and after exposure to training and sanctions. We find that training improves cardiovascular and mental health and lowers sickness absence. The results suggest that this is not due to improved employment prospects but rather to instantaneous features of participation such as, perhaps, the adoption of a more rigorous daily routine. Unemployment benefits sanctions cause a short-run deterioration of mental health, possibly due higher stress levels, but this tapers out quickly. T3 - CEPA Discussion Papers - 22 KW - unemployment KW - health KW - sickness KW - prescriptions KW - mental health KW - drugs KW - training KW - depression KW - cardiovascular disease KW - sanctions Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-478839 SN - 2628-653X IS - 22 ER - TY - RPRT A1 - Wiener, Antje T1 - Norm(ative) Change in International Relations BT - A Conceptual Framework T2 - KFG Working Paper Series N2 - Current contestations of the liberal international order stand in notable contrast with the earlier rise of international law during the post-cold war period. As Krieger and Liese argue, this situation calls for assessment of the type of change that is currently observed, i.e. norm change (Wandel) or a more fundamental transformation of international law – a metamorphosis (Verwandlung)? To address this question, this paper details the bi-focal approach to norms in order to reflect and take account of the complex interrelation between fact-based and value-based conceptions of norms. The paper is organised in three sections. The first section presents three axioms underlying the conceptual framework to study norm(ative) change which are visualised by a triangular operation to analyse this change in relation with practices and norms. The second section recalls three key interests that have guided IR norms research after the return to norms in the late 1980s. They include, first, allocating change in and through practice, second, identifying behavioural change with reference to norm- following, and third, identifying norm(ative) change with reference to discursive practice. The third section presents the two analytical tools of the conceptual frame, namely, the norm-typology and the cycle-grid model. It also indicates how to apply these tools with reference to illustrative case scenarios. The conclusion recalls the key elements of the conceptual framework for research on norm(ative) change in international relations in light of the challenge of establishing sustainable normativity in the global order. T3 - KFG Working Paper Series - 44 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-476076 IS - 44 ER - TY - RPRT A1 - Jorgensen, Malcolm T1 - The United States and the International Law of Global Security T2 - KFG Working Paper Series N2 - For the United States the ‘international law of global security’ is, in a unique sense, synonymous with the entire project of constructing global legal order. Uniquely preponderant power enjoyed since the end of the Second World War has allowed US preferences to manifest not merely in specific rules and regimes, but in purposive development of the entire structure of global legal order to favour American security interests. Perceptions of a recent decline in this order now find expression in advocacy for a ‘liberal’ or ‘rules-based’ international order, as the claimed foundation for global prosperity and security. This working paper seeks to map out the parameters of US contributions to the global security order by uncovering the strategic and political foundations of its engagement with the international law of global security. The paper begins by reflecting on competing US conceptions of the relationship between national security and global order as they evolved across the twentieth century. The focus then turns to three significant trends defining the contemporary field. First are US attitudes toward multilateral institutions and global security, and the ongoing contest between beliefs that they are mutually reinforcing versus beliefs that US security and global institutions sit in zero-sum opposition. Second is the impact of the generational ‘War on Terror’, which has yielded more permissive interpretation and development of laws governing the global use of violence. The final trend is that towards competitive geopolitical interests restructuring international law, which are evident across diverse areas ranging from global economics, to cybersecurity, to the fragmentation of global order into spheres of influence. Looking ahead, a confluence of rising geopolitical competitors with divergent legal conceptions, and conflicted domestic support for the legitimacy and desirability of US global leadership, emerge as leading forces already reshaping the global security order. T3 - KFG Working Paper Series - 43 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-476030 IS - 43 ER - TY - RPRT A1 - Bäumler, Jelena T1 - The WTO’s Crisis BT - Between a Rock and a Hard Place T2 - KFG Working Paper Series N2 - The perception of the WTO is currently one of an organisation in crisis. Yet, appraisal varies regarding its extent and seriousness: Is it merely a rough time or are we standing on the edge of destruction? The article will trace developments inside as well as outside the WTO in order to assess the magnitude of the crisis. It will be argued that while certain developments inside the organisation, when seen in accumulation would already warrant serious attention, only together with developments taking place outside of the WTO, the two strands of developments unfold their full potential for the crisis. The overall situation renders the WTO in a difficult position, as it is currently unable to adapt to these challenges, while keeping calm and carrying on might similarly further the crisis. While States might improve and further develop their trade relations in bi- and plurilateral agreements, it is only the WTO that reflects and stands for the multilateral post (cold) war order. T3 - KFG Working Paper Series - 42 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-476017 IS - 42 ER - TY - RPRT A1 - Gulati, Rishi T1 - Judicial Independence at International Courts and Tribunals BT - Lessons Drawn From the Experiences of the International Court of Justice and the Appellate Body of the World Trade Organisation T2 - KFG Working Paper Series N2 - The guarantee of judicial independence is undoubtedly one of the most important institutional design features of international courts and tribunals. An independence deficit can adversely impact a court’s authority, create a crisis of legitimacy, and undermine the very effectiveness of an international court or tribunal. It can hardly be denied that for an international court to be considered legitimate, a basic degree of independence is a must. An independent judiciary is a precondition to the fair and just resolution of legal disputes. In the context of interstate dispute settlement where the jurisdiction of courts is based on the principle of consent, in the absence of a basic degree of judicial independence, states may not be willing to submit to the jurisdiction of international courts. Comparing and contrasting the International Court of Justice and the Appellate Body of the World Trade Organisation, I assess whether those international judicial mechanisms possess the basic degree of independence required for a court to be able to maintain its credibility so that it can continue to perform its core function of adjudicating interstate disputes. With both those interstate adjudicative bodies constituting the two leading international courts in terms of participation and the sheer number of cases decided, much may be learned from comparing them. I argue there is a case for bolstering the independence of the ICJ; and without immediate reforms to the Appellate Body’s institutional design, its recent demise may become permanent. I conclude that if a basic degree of judicial independence cannot be guaranteed, it is preferable to let a court vanish for a while than to maintain a significantly deficient one. T3 - KFG Working Paper Series - 41 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-475997 IS - 41 ER - TY - RPRT A1 - Barkholdt, Janina A1 - Reiners, Nina T1 - Pronouncements of Expert Treaty Bodies BT - From ‘Black Boxes’ to ‘Key Catalysts’ in International Law? T2 - KFG Working Paper Series N2 - While some pronouncements of expert treaty bodies have been considered ‘key catalysts’ for the development of international human rights law, others are only selectively referred to in legal practice. This article argues that the varying normative impact is due to the informal character of pronouncements. In the absence of treaty provisions specifying their legal effect, practitioners tend to rely on different factors and arguments when either drawing on or rejecting certain pronouncements. Scholars in turn face difficulties when trying to identify explanatory patterns within this diverging practice as the informal character confronts both international lawyers and international relations scholars with their respective methodological ‘blind spots’. In light of these intradisciplinary challenges, this article explores the extent as to which an interdisciplinary approach helps to assess the reasons for the varying impact of pronouncements. After analysing the factors determining their legal significance on the basis of State practice and the academic debate, this article identifies the drafting process as a factor which promises to be particularly insightful when explored from an interdisciplinary perspective and sketches out a framework for future research. T3 - KFG Working Paper Series - 40 Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-475886 IS - 40 ER - TY - RPRT A1 - Bruttel, Lisa Verena A1 - Güth, Werner A1 - Nithammer, Juri A1 - Orland, Andreas T1 - Inefficient Cooperation under Stochastic and Strategic Uncertainty T2 - CEPA Discussion Papers N2 - Stochastic uncertainty can cause difficult coordination problems that may hinder mutually beneficial cooperation. We propose a mechanism of ex-post voluntary transfers designed to circumvent these coordination problems and ask whether it can do so. To test this, we implement a controlled laboratory experiment based on a repeatedly played Ultimatum Game with a stochastic endowment. Contrary to our hypothesis, we find that allowing voluntary transfers does not entail an efficiency increase. We suggest and analyze two main reasons for this finding: First, the stochastic uncertainty forces proposers to accept high strategic uncertainty if they intend to cooperate by claiming a low amount (which many proposers do not). Second, many responders behave only incompletely conditionally cooperative by transferring too little (which hinders cooperation in future periods). T3 - CEPA Discussion Papers - 20 KW - stochastic uncertainty KW - strategic uncertainty KW - cooperation KW - Ultimatum Game KW - experiment Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-475500 SN - 2628-653X IS - 20 ER - TY - RPRT A1 - Andres, Maximilian A1 - Bruttel, Lisa Verena A1 - Friedrichsen, Jana T1 - Choosing between explicit cartel formation and tacit collusion – An experiment T2 - CEPA Discussion Papers N2 - Numerous studies investigate which sanctioning institutions prevent cartel formation but little is known as to how these sanctions work. We contribute to understanding the inner workings of cartels by studying experimentally the effect of sanctioning institutions on firms’ communication. Using machine learning to organize the chat communication into topics, we find that firms are significantly less likely to communicate explicitly about price fixing when sanctioning institutions are present. At the same time, average prices are lower when communication is less explicit. A mediation analysis suggests that sanctions are effective in hindering cartel formation not only because they introduce a risk of being fined but also by reducing the prevalence of explicit price communication. T3 - CEPA Discussion Papers - 19 KW - cartel KW - collusion KW - communication KW - machine learning KW - experiment Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-473885 SN - 2628-653X IS - 19 ER - TY - RPRT A1 - Caliendo, Marco A1 - Hennecke, Juliane T1 - Drinking is Different! BT - Examining the Role of Locus of Control for Alcohol Consumption T2 - CEPA Discussion Papers N2 - Unhealthy behavior can be extremely costly from a micro- and macroeconomic perspective and exploring the determinants of such behavior is highly important from an economist’s point of view. We examine whether locus of control (LOC) can explain alcohol consumption as an important domain of health behavior. LOC measures how much an individual believes that she is in control of the consequences of her own actions for her life’s future outcomes. While earlier literature showed that an increasing internal LOC is associated with increased health-conscious behavior in domains such as smoking, exercise or diets, we find that drinking seems to be different. Using German panel data from the Socio-Economic Panel (SOEP) we find a significant positive effect of having an internal LOC on the probability of moderate and regular drinking. We suggest and discuss two likely mechanisms for this relationship and find interesting gender differences. While social investments play an important role for both men and women, risk perceptions are especially relevant for men. T3 - CEPA Discussion Papers - 18 KW - locus of control KW - alcohol consumption KW - health behavior KW - risk perception KW - social investment Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-469790 SN - 2628-653X IS - 18 ER - TY - RPRT A1 - Bruttel, Lisa Verena A1 - Güth, Werner A1 - Hertwig, Ralph A1 - Orland, Andreas T1 - Do people harness deliberate ignorance to avoid envy and its detrimental effects? T2 - CEPA Discussion Papers N2 - Envy is an unpleasant emotion. If individuals anticipate that comparing their payoff with the (potentially higher) payoff of others will make them envious, they may want to actively avoid information about other people’s payoffs. Given the opportunity to reduce another person’s payoff, an individual’s envy may trigger behavior that is detrimental to welfare. In this case, if individuals anticipate that they will react in a welfare-reducing way, they may also avoid information about other people’s payoffs from the outset. We investigated these two hypotheses using three experiments. We found that 13% of our potentially envious subjects avoided information when they did not have the opportunity to reduce another participant’s payoff. Psychological scales do not explain this behavior. We also found that voluntarily uninformed subjects did neither deduct less of the payoff nor less frequently than subjects who could not avoid the information. T3 - CEPA Discussion Papers - 17 KW - envy KW - emotion regulation KW - deliberate ignorance KW - punishment KW - experiment Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-444463 SN - 2628-653X IS - 17 ER - TY - RPRT A1 - Aharon, Itzik A1 - Brill, Antonia A1 - Fonseca, Philip A1 - Vandchali, Azin Alizadeh A1 - Wendel, Nina T1 - The Protection of Women Human Rights Defenders and their Collective Actions T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere T2 - State, Law, and Politics - Research and Discussion Papers N2 - This paper evaluates the construction of the rights of human rights defenders within international law and its shortcomings in protecting women. Human rights defenders have historically been defined on the basis of their actions as defenders. However, as Marxist-feminist scholar Silvia Federici contends, women are inherently politicised and, moreover, face obstacles to political action which are invisible to and untouchable by the law. Labour rights set an example of handling such a disadvantaged political position by placing vital importance on workers’ right to association and collective action. The paper closes with the suggestion that transposing this construction of rights to women would better protect women as human rights defenders while emphasising their capacity for self-determination in their political actions. N2 - Dieses Papier bewertet die Konstruktion der Rechte von Menschenrechtsverteidigern innerhalb des Völkerrechts und ihre Mängel beim Schutz von Frauen. Menschenrechtsverteidiger wurden in der Vergangenheit auf der Grundlage ihrer Tätigkeit als Verteidiger definiert. Wie die marxistisch-feministische Wissenschaftlerin Silvia Federici behauptet, sind Frauen jedoch von Natur aus politisiert und sehen sich darüber hinaus Hindernissen für politisches Handeln gegenüber, die für das Gesetz unsichtbar und unantastbar sind. Die Arbeitsrechte sind ein Beispiel für den Umgang mit einer derart benachteiligten politischen Position, indem sie dem Recht der Arbeitnehmer auf Vereinigungsfreiheit und kollektive Aktionen entscheidende Bedeutung beimessen. Das Papier schließt mit dem Vorschlag, dass die Übertragung dieser Rechtskonstruktion auf Frauen Frauen als Menschenrechtsverteidigerinnen besser schützen und gleichzeitig ihre Fähigkeit zur Selbstbestimmung in ihrem politischen Handeln betonen würde. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 10 KW - Human Rights Defender KW - Women's Rights Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-444278 IS - 10 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - RPRT A1 - Frodermann, Corinna A1 - Wrohlich, Katharina A1 - Zucco, Aline T1 - Parental Leave Reform and Long-run Earnings of Mothers T2 - CEPA Discussion Papers N2 - Paid parental leave schemes have been shown to increase women’s employment rates but decrease their wages in case of extended leave durations. In view of these potential trade-offs, many countries are discussing the optimal design of parental leave policies. We analyze the impact of a major parental leave reform on mothers’ long-term earnings. The 2007 German parental leave reform replaced a means-tested benefit with a more generous earnings-related benefit that is granted for a shorter period of time. Additionally, a “daddy quota” of two months was introduced. To identify the causal effect of this policy on long-run earnings of mothers, we use a difference-in-difference approach that compares labor market outcomes of mothers who gave birth just before and right after the reform and nets out seasonal effects by including the year before. Using administrative social security data, we confirm previous findings and show that the average duration of employment interruptions increased for high-income mothers. Nevertheless, we find a positive long-run effect on earnings for mothers in this group. This effect cannot be explained by changes in working hours, observed characteristics, changes in employer stability or fertility patterns. Descriptive evidence suggests that the stronger involvement of fathers, incentivized by the “daddy months”, could have facilitated mothers’ re-entry into the labor market and thereby increased earnings. For mothers with low prior-to-birth earnings, however, we do not find any beneficial labor market effects of this parental leave reform. T3 - CEPA Discussion Papers - 16 KW - parental leave KW - wages KW - labor supply Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-443188 SN - 2628-653X IS - 16 ER - TY - RPRT A1 - Gallego Granados, Patricia A1 - Wrohlich, Katharina T1 - Selection into Employment and the Gender Wage Gap across the Distribution and Over Time T2 - CEPA Discussion Papers N2 - Using quantile regression methods, this paper analyses the gender wage gap across the wage distribution and over time (1990–2014), while controlling for changing sample selection into full-time employment. Our findings show that the selection-corrected gender wage gap is much larger than the one observed in the data, which is mainly due to large positive selection of women into full-time employment. However, we show that selection-corrected wages of male and female workers at the lower half of the distribution have moderately converged over time. The reason for this development have been changes in the composition of the male full-time employment force over time, which in spite of the rather constant male full-time employment rate, have given place to a small but rising selection bias in male observed wages. In the upper half of the wage distribution, however, neither the observed nor the selection-corrected gender wage gap has narrowed over time. T3 - CEPA Discussion Papers - 15 KW - gender wage gap KW - quantile regression KW - selection into employment Y1 - 2020 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-441691 SN - 2628-653X IS - 15 ER - TY - RPRT A1 - Caliendo, Marco A1 - Tübbicke, Stefan T1 - Do Start-Up Subsidies for the Unemployed Affect Participants’ Well-Being? BT - A Rigorous Look at (Un-)Intended Consequences of Labor Market Policies T2 - CEPA Discussion Papers N2 - We estimate the long-term effects of start-up subsidies (SUS) for the unemployed on subjective outcome indicators of well-being, as measured by the participants’ satisfaction in different domains. This extends previous analyses of the current German SUS program (“Gründungszuschuss”) that focused on objective outcomes – such as employment and income – and allows us to make a more complete judgment about the overall effects of SUS at the individual level. This is especially important because subsidizing the transition into self-employment may have unintended adverse effects on participants’ well-being due to its risky nature and lower social security protection, especially in the long run. Having access to linked administrative-survey data providing us with rich information on pre-treatment characteristics, we base our analysis on the conditional independence assumption and use propensity score matching to estimate causal effects within the potential outcomes framework. We find long-term positive effects on job satisfaction but negative effects on individuals’ satisfaction with their social security situation. Further findings suggest that the negative effect on satisfaction with social security may be driven by negative effects on unemployment and retirement insurance coverage. Our heterogeneity analysis reveals substantial variation in effects across gender, age groups and skill levels. The sensitivity analyses show that these findings are highly robust. T3 - CEPA Discussion Papers - 14 KW - Start-Up Subsidies KW - Propensity Score Matching KW - Counterfactual Analysis KW - Well-Being Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-437468 SN - 2628-653X IS - 14 ER - TY - RPRT A1 - Caliendo, Marco A1 - Fossen, Frank M. A1 - Kritikos, Alexander T1 - What Makes an Employer? T2 - CEPA Discussion Papers N2 - As the policy debate on entrepreneurship increasingly centers on firm growth in terms of job creation, it is important to better understand which variables influence the first hiring decision and which ones influence the subsequent survival as an employer. Using the German Socio-economic Panel (SOEP), we analyze what role individual characteristics of entrepreneurs play in sustainable job creation. While human and social capital variables positively influence the hiring decision and the survival as an employer in the same direction, we show that none of the personality traits affect the two outcomes in the same way. Some traits are only relevant for survival as an employer but do not influence the hiring decision, other traits even unfold a revolving door effect, in the sense that employers tend to fail due to the same characteristics that positively influenced their hiring decision. T3 - CEPA Discussion Papers - 13 KW - employer KW - entrepreneurship KW - business venturing KW - firm growth KW - employment growth KW - personality Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-437360 SN - 2628-653X IS - 13 ER - TY - RPRT A1 - Krieger, Heike A1 - Püschmann, Jonas T1 - Securing of Resources as a Valid Reason for Using Force? BT - A Pre-Emptive Defence of the Prohibition on the Use of Force T2 - KFG Working Paper Series N2 - A growing demand for natural resources embedded in current changes of the international order will put pressure on states to secure the future availability of these resources. Some political discourses suggest that states might respond by challenging the foundations of international law. Whereas the UN Charter was inter alia aimed at eliminating uses of force for economic reasons, one may observe an on-going trend of securitization of matters of resource supply resulting into the revival of self-preservation doctrines. The chapter will show that those claims lack a normative foundation in the current framework of the prohibition of the use of force. Moreover, international law has sufficient instruments to cope with disputes over access to resources by other means than the use of force. The international community, therefore, must oppose claims that may contribute to normative uncertainties and strengthen already existing instruments of pacific settlement of disputes. T3 - KFG Working Paper Series - 31 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435738 IS - 31 ER - TY - RPRT A1 - Jo, Hyeran T1 - Rise and Decline of International Rule of Law BT - Case of Non-State Armed Actors T2 - KFG Working Paper Series N2 - This paper assesses the rise and decline of international rule of law in the case of non-state armed actors. Both signs of rise and signs of decline of international rule of law show in the case of non- state armed actors. Signs of rise include the expansion of coverage of international humanitarian law (IHL) and international criminal law, as well as international legal argumentation and rhetoric made by non-state armed groups. Some non-state armed actors express that they are governed by IHL in public statements or bilateral agreements with international actors, partly acknowledging universality of international humanitarian norms, and sometimes act as such. Signs of decline in the international rule of law also show – although some of them can be seen as business-as-usual – privileging of military advantage, instrumental use of international law (as justification and local interpretations), as well as conflicting understanding of IHL between local and global norms. The multiplicity of non-state actors also portends the decline of international rule of law, with the proliferation of many non-organized groups without legitimacy-seeking motivations. T3 - KFG Working Paper Series - 39 KW - rule of law KW - international rule of law KW - non-state actors KW - non-state armed actors KW - rise KW - decline KW - international humanitarian law KW - international criminal law Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435900 IS - 39 ER - TY - RPRT A1 - Sandholtz, Wayne T1 - Resurgent Authoritarianism and the International Rule of Law T2 - KFG Working Paper Series N2 - Modern rule of law and post-war constitutionalism are both anchored in rights-based limitations on state authority. Rule-of-law norms and principles, at both domestic and international levels, are designed to protect the freedom and dignity of the person. Given this “thick” conception of the rule of law, authoritarian practices that remove constraints on domestic political leaders and weaken mechanisms for holding them accountable necessarily erode both domestic and international rule of law. Drawing on political science research on authoritarian politics, this study identifies three core elements of authoritarian political strategies: subordination of the judiciary, suppression of independent news media and freedom of expression, and restrictions on the ability of civil society groups to organize and participate in public life. According to available data, each of these three practices has become increasingly common in recent years. This study offers a composite measure of the core authoritarian practices and uses it to identify the countries that have shown the most marked increases in authoritarianism. The spread and deepening of these authoritarian practices in diverse regimes around the world diminishes international rule of law. The conclusion argues that resurgent authoritarianism degrades international rule of law even if this is defined as the specifically post-Cold War international legal order. T3 - KFG Working Paper Series - 38 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435899 IS - 38 ER - TY - RPRT A1 - Nolte, Georg T1 - How to Identify Customary International Law? – On the Final Outcome of the Work of the International Law Commission (2018) T2 - KFG Working Paper Series N2 - How to identify customary international law is an important question of international law. The International Law Commission has in 2018 adopted a set of sixteen conclusions, together with commentaries, on this topic. The paper consists of three parts: First, the reasons are discussed why the Commission came to work on the topic “Identification of customary international law”. Then, some of its conclusions are highlighted. Finally, the outcome of the work of the Commission is placed in a general context, before concluding. T3 - KFG Working Paper Series - 37 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435884 IS - 37 ER - TY - RPRT A1 - Caliendo, Marco A1 - Künn, Steffen A1 - Weißenberger, Martin T1 - Catching up or Lagging Behind? BT - The Long-Term Business and Innovation Potential of Subsidized Start-Ups out of Unemployment T2 - CEPA Discussion Papers N2 - From an active labor market policy perspective, start-up subsidies for unemployed individuals are very effective in improving long-term labor market outcomes for participants. From a business perspective, however, the assessment of these public programs is less clear since they might attract individuals with low entrepreneurial abilities and produce businesses with low survival rates and little contribution to job creation, economic growth, and innovation. In this paper, we use a rich data set to compare participants of a German start-up subsidy program for unemployed individuals to a group of regular founders who started from nonunemployment and did not receive the subsidy. The data allows us to analyze their business performance up until 40 months after business formation. We find that formerly subsidized founders lag behind not only in survival and job creation, but especially also in innovation activities. The gaps in these business outcomes are relatively constant or even widening over time. Hence, we do not see any indication of catching up in the longer run. While the gap in survival can be entirely explained by initial differences in observable start-up characteristics, the gap in business development remains and seems to be the result of restricted access to capital as well as differential business strategies and dynamics. Considering these conflicting results for the assessment of the subsidy program from an ALMP and business perspective, policy makers need to carefully weigh the costs and benefits of such a strategy to find the right policy mix. T3 - CEPA Discussion Papers - 12 KW - Entrepreneurship KW - Start-up Subsidies KW - Business Grow KW - Innovation KW - Job Creation Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-437012 SN - 2628-653X IS - 12 ER - TY - RPRT A1 - Neugebauer, Konrad T1 - Holding Domestic Judges Accountable under International Criminal Law BT - A Useful Step to Foster the International Rule of Law? T2 - KFG Working Paper Series N2 - This article explores, whether domestic judges might be held accountable under international criminal law (ICL). To date, international criminal justice has almost entirely focused on prosecuting political or military leaders. The Justice Case tried before the Nuremberg Military Tribunal in 1946 marks the most prominent exception. Prior to it, the judiciary – otherwise considered the epitome of justice – had mutated into a murderous machinery under Nazi rule. Judicial decisions do have far-reaching implications possibly constituting or contributing to international crimes. This holds true in a wide range of cases, for instance on practices of warfare and torture, on the use of certain weapon technologies, or on policies relating to minorities or racial segregation. I argue that domestic judges are accountable when engaging in international crimes. The article delves into technical aspects of criminal law; as well as the notions of judicial independence and immunity. While guaranteeing the rule of law, these two notions challenge the core idea of ICL: its equal application vis-à-vis all perpetrators of international crimes irrespective of official capacity. In order to differentiate due judicial conduct and its abuse in violation of ICL, I suggest a threshold a judicial act needs to exceed for entailing accountability for an international crime. T3 - KFG Working Paper Series - 36 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435877 IS - 36 ER - TY - RPRT A1 - Sandholtz, Wayne T1 - Human Rights Courts and Global Constitutionalism BT - Coordination through Judicial Dialogue T2 - KFG Working Paper Series N2 - International courts regularly cite each other, in part as a means of building legitimacy. Such international, cross-court use of precedent (or “judicial dialogue”) among the regional human rights courts and the Human Rights Committee has an additional purpose and effect: the construction of a rights-based global constitutionalism. Judicial dialogue among the human rights courts is purposeful in that the courts see themselves as embedded in, and contributing to, a global human rights legal system. Cross-citation among the human rights courts advances the construction of rights-based global constitutionalism in that it provides a basic degree of coordination among the regional courts. The jurisprudence of the U.N. Human Rights Committee (HRC), as an authoritative interpreter of core international human rights norms, plays the role of a central focal point for the decentralized coordination of jurisprudence. The network of regional courts and the HRC is building an emergent institutional structure for global rights-based constitutionalism. T3 - KFG Working Paper Series - 35 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435831 IS - 35 ER - TY - RPRT A1 - Pellet, Alain T1 - Values and Power Relations – The “Disillusionment” of International Law? T2 - KFG Working Paper Series N2 - This paper – which is based on the Thomas Franck Lecture held by the author at Humboldt University Berlin on 13 May 2019 – argues that the most likely development of international to be expected will be the coexistence of two “legal worlds”. On the one hand, an inter-State law brutally regulating political relations between human groups whitewashed by nationalism; on the other hand, a transnational or “a-national” law regulating economic relations between private as well as public interests. Further, the paper argues that there are two obvious victims – of very different nature – of this foreseeable evolution: the human being on the one hand, the certainty and effectiveness of the rule of law itself on the other hand. T3 - KFG Working Paper Series - 34 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435819 IS - 34 ER - TY - RPRT A1 - Kulaga, Julian T1 - A Renaissance of the Doctrine of Rebus Sic Stantibus? T2 - KFG Working Paper Series N2 - Once the “popular plaything of Realpolitiker” the doctrine of rebus sic stantibus post the 1969 VCLT is often described as an objective rule by which, on grounds of equity and justice, a fundamental change of circumstances may be invoked as a ground for termination. Yet recent practice from States such as Ecuador, Russia, Denmark and the United Kingdom suggests that it is returning with a new livery. They point to an understanding based on vital States’ interests––a view popular among scholars such as Erich Kaufmann at the beginning of the last century. T3 - KFG Working Paper Series - 32 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435788 IS - 32 ER - TY - RPRT A1 - Devaney, James Gerard T1 - Selecting Investment Arbitrators BT - Reconciling Party Autonomy and the International Rule of Law T2 - KFG Working Paper Series N2 - This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators. Taking as its starting point that there now exists tentative consensus that the present system for the appointment of arbitrators either causes or exacerbates certain problematic aspects of the current ISDS system, the paper explores one option for reform, namely the introduction of an independent panel for the selection of investment arbitrators. In doing so, it is argued that a shift in the normative basis of the rules governing appointments is required in order to accommodate the principles of party autonomy and the international rule of law. Such reform, while not completely removing the initiative that parties presently enjoy, is the most efficient way to introduce rule of law considerations such as a measure of judicial independence into the current appointments system. This, it is argued, would in turn help to address some of the problematic features of the appointment of arbitrators in ISDS. T3 - KFG Working Paper Series - 33 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-435797 IS - 33 ER - TY - RPRT A1 - Caliendo, Marco A1 - Goethner, Maximilian A1 - Weißenberger, Martin T1 - Entrepreneurial Persistence Beyond Survival: Measurement and Determinants T2 - CEPA Discussion Papers N2 - Entrepreneurial persistence is demonstrated by an entrepreneur’s continued positive maintenance of entrepreneurial motivation and constantly-renewed active engagement in a new business venture despite counter forces or enticing alternatives. It is thus a crucial factor for entrepreneurs when pursuing and exploiting their business opportunities and to realize potential economic gains and benefits. Using rich data on a representative sample of German business founders, we investigate the determinants of entrepreneurial persistence. Next to observed survival we also construct a hybrid persistence measure capturing also the motivational dimension of persistence. We analyze the influence of individual-level (human capital and personality) and business-related characteristics on both measures as well as their relative importance. We find that the two indicators emphasize different aspects of persistence. For the survival indicator, the predictive power is concentrated in business characteristics and human capital, while for hybrid persistence, the dominant factors are business characteristics and personality. Finally, we show that results are heterogeneous across subgroups. In particular, formerly-unemployed founders do not differ in survival chances, but they are more likely to lack a high psychological commitment to their business ventures. T3 - CEPA Discussion Papers - 11 KW - Entrepreneurship KW - Start-ups KW - Persistence KW - Survival Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-434563 SN - 2628-653X IS - 11 ER - TY - RPRT A1 - Bruttel, Lisa Verena A1 - Felgendreher, Simon A1 - Güth, Werner A1 - Hertwig, Ralph T1 - Strategic ignorance in repeated prisoners’ dilemma experiments and its effects on the dynamics of voluntary cooperation T2 - CEPA Discussion Papers N2 - Being ignorant of key aspects of a strategic interaction can represent an advantage rather than a handicap. We study one particular context in which ignorance can be beneficial: iterated strategic interactions in which voluntary cooperation may be sustained into the final round if players voluntarily forego knowledge about the time horizon. We experimentally examine this option to remain ignorant about the time horizon in a finitely repeated two-person prisoners’ dilemma game. We confirm that pairs without horizon knowledge avoid the drop in cooperation that otherwise occurs toward the end of the game. However, this effect is superposed by cooperation declining more rapidly in pairs without horizon knowledge during the middle phase of the game, especially if players do not know that the other player also wanted to remain ignorant of the time horizon. T3 - CEPA Discussion Papers - 10 KW - strategic ignorance KW - cooperation KW - prisoners' dilemma KW - experiment Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-431881 SN - 2628-653X IS - 10 ER - TY - RPRT A1 - McLachlan, Campbell T1 - The Double-facing Foreign Relations Function of the Executive and Its Self-enforcing Obligation to Comply with International Law T2 - KFG Working Paper Series N2 - How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament’s incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law–a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle. T3 - KFG Working Paper Series - 30 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-429088 IS - 30 ER - TY - RPRT A1 - Müller, Kai-Uwe A1 - Wrohlich, Katharina T1 - Does subsidized care for toddlers increase maternal labor supply? BT - Evidence from a large-scale expansion of early childcare T2 - CEPA Discussion Papers N2 - Expanding public or publicly subsidized childcare has been a top social policy priority in many industrialized countries. It is supposed to increase fertility, promote children’s development and enhance mothers’ labor market attachment. In this paper, we analyze the causal effect of one of the largest expansions of subsidized childcare for children up to three years among industrialized countries on the employment of mothers in Germany. Identification is based on spatial and temporal variation in the expansion of publicly subsidized childcare triggered by two comprehensive childcare policy reforms. The empirical analysis is based on the German Microcensus that is matched to county level data on childcare availability. Based on our preferred specification which includes time and county fixed effects we find that an increase in childcare slots by one percentage point increases mothers’ labor market participation rate by 0.2 percentage points. The overall increase in employment is explained by the rise in part-time employment with relatively long hours (20-35 hours per week). We do not find a change in full-time employment or lower part-time employment that is causally related to the childcare expansion. The effect is almost entirely driven by mothers with medium-level qualifications. Mothers with low education levels do not profit from this reform calling for a stronger policy focus on particularly disadvantaged groups in coming years. T3 - CEPA Discussion Papers - 9 KW - childcare provision KW - mother’s labor supply KW - generalized difference-in-difference Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427727 SN - 2628-653X IS - 9 ER - TY - RPRT A1 - Borck, Rainald A1 - Schrauth, Philipp T1 - Population density and urban air quality T2 - CEPA Discussion Papers N2 - We use panel data from Germany to analyze the effect of population density on urban air pollution (nitrogen oxides, particulate matter and ozone). To address unobserved heterogeneity and omitted variables, we present long difference/fixed effects estimates and instrumental variables estimates, using historical population and soil quality as instruments. Our preferred estimates imply that a one-standard deviation increase in population density increases air pollution by 3-12%. T3 - CEPA Discussion Papers - 8 KW - population density KW - air pollution Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427719 SN - 2628-653X IS - 8 ER - TY - RPRT A1 - Bruttel, Lisa Verena A1 - Nithammer, Juri A1 - Stolley, Florian T1 - ”Thanks in Advance” BT - The Negative Effect of a Polite Phrase on Compliance with a Request T2 - CEPA Discussion Papers N2 - This paper studies the effect of the commonly used phrase “thanks in advance” on compliance with a small request. In a controlled laboratory experiment we ask participants to give a detailed answer to an open question. The treatment variable is whether or not they see the phrase “thanks in advance.” Our participants react to the treatment by exerting less effort in answering the request even though they perceive the phrase as polite. T3 - CEPA Discussion Papers - 7 KW - compliance behavior KW - gratitude KW - reciprocity KW - experiment Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427706 SN - 2628-653X IS - 7 ER - TY - RPRT A1 - Caliendo, Marco A1 - Tübbicke, Stefan T1 - New Evidence on Long-Term Effects of Start-Up Subsidies BT - Matching Estimates and their Robustness T2 - CEPA Discussion Papers N2 - The German start-up subsidy (SUS) program for the unemployed has recently undergone a major make-over, altering its institutional setup, adding an additional layer of selection and leading to ambiguous predictions of the program’s effectiveness. Using propensity score matching (PSM) as our main empirical approach, we provide estimates of long-term effects of the post-reform subsidy on individual employment prospects and labor market earnings up to 40 months after entering the program. Our results suggest large and persistent long-term effects of the subsidy on employment probabilities and net earned income. These effects are larger than what was estimated for the pre-reform program. Extensive sensitivity analyses within the standard PSM framework reveal that the results are robust to different choices regarding the implementation of the weighting procedure and also with respect to deviations from the conditional independence assumption. As a further assessment of the results’ sensitivity, we go beyond the standard selection-on-observables approach and employ an instrumental variable setup using regional variation in the likelihood of receiving treatment. Here, we exploit the fact that the reform increased the discretionary power of local employment agencies in allocating active labor market policy funds, allowing us to obtain a measure of local preferences for SUS as the program of choice. The results based on this approach give rise to similar estimates. Thus, our results indicating that SUS are still an effective active labor market program after the reform do not appear to be driven by “hidden bias”. T3 - CEPA Discussion Papers - 6 KW - Start-Up Subsidies KW - Policy Reform KW - Matching KW - Instrumental Variables Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-426798 SN - 2628-653X IS - 6 ER - TY - RPRT A1 - Bruttel, Lisa Verena T1 - Is There a Loyalty-Enhancing Effect of Retroactive Price-Reduction Schemes? T2 - CEPA Discussion Papers N2 - This paper presents an experiment on the effect of retroactive price-reduction schemes on buyers’ repeated purchase decisions. Such schemes promise buyers a reduced price for all units that are bought in a certain time frame if the total quantity that is purchased passes a given threshold. This study finds a loyalty-enhancing effect of retroactive price-reduction schemes only if the buyers ex-ante expected that entering into the scheme would maximize their monetary gain, but later learn that they should leave the scheme. Furthermore, the effect crucially hinges on the framing of the price reduction. T3 - CEPA Discussion Papers - 5 KW - rebate and discount KW - buyer behavior KW - risk aversion KW - loss aversion KW - regulation of dominant firms KW - experiment Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427688 SN - 2628-653X IS - 5 ER - TY - RPRT A1 - Audretsch, David B. A1 - Hafenstein, Marian A1 - Kritikos, Alexander A1 - Schiersch, Alexander T1 - Firm Size and Innovation in the Service Sector T2 - CEPA Discussion Papers N2 - A rich literature links knowledge inputs with innovative outputs. However, most of what is known is restricted to manufacturing. This paper analyzes whether the three aspects involving innovative activity - R&D; innovative output; and productivity - hold for knowledge intensive services. Combining the models of Crepon et al. (1998) and of Ackerberg et al. (2015), allows for causal interpretation of the relationship between innovation output and labor productivity. We find that knowledge intensive services benefit from innovation activities in the sense that these activities causally increase their labor productivity. Moreover, the firm size advantage found for manufacturing in previous studies nearly disappears for knowledge intensive services. T3 - CEPA Discussion Papers - 4 KW - MSMEs KW - R&D KW - Service Sector KW - Innovation KW - Productivity KW - Entrepreneurship Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427670 SN - 2628-653X IS - 4 ER - TY - RPRT A1 - Müller, Kai-Uwe A1 - Neumann, Michael A1 - Wrohlich, Katharina T1 - Labor supply under participation and hours constraints BT - An extended structural model for policy evaluations T2 - CEPA Discussion Papers N2 - The paper extends a static discrete-choice labor supply model by adding participation and hours constraints. We identify restrictions by survey information on the eligibility and search activities of individuals as well as actual and desired hours. This provides for a more robust identification of preferences and constraints. Both, preferences and restrictions are allowed to vary by and are related through observed and unobserved characteristics. We distinguish various restrictions mechanisms: labor demand rationing, working hours norms varying across occupations, and insufficient public childcare on the supply side of the market. The effect of these mechanisms is simulated by relaxing different constraints at a time. We apply the empirical frame- work to evaluate an in-work benefit for low-paid parents in the German institutional context. The benefit is supposed to increase work incentives for secondary earners. Based on the structural model we are able to disentangle behavioral reactions into the pure incentive effect and the limiting impact of constraints at the intensive and extensive margin. We find that the in-work benefit for parents substantially increases working hours of mothers of young children, especially when they have a low education. Simulating the effects of restrictions shows their substantial impact on employment of mothers with young children. T3 - CEPA Discussion Papers - 3 KW - labor supply KW - hours restrictions KW - involuntary unemployment KW - gender Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427656 SN - 2628-653X IS - 3 ER - TY - RPRT A1 - Bruttel, Lisa Verena A1 - Stolley, Florian A1 - Utikal, Verena T1 - Getting a Yes BT - An Experiment on the Power of Asking T2 - CEPA Discussion Papers N2 - This paper studies how the request for a favor has to be devised in order to maximize its chance of success. We present results from a mini-dictator game, in which the recipient can send a free-form text message to the dictator before the latter decides. We find that putting effort into the message, writing in a humorous way and mentioning reasons why the money is needed pays off. Additionally, we find differences in the behavior of male and female dictators. Only men react positively to efficiency arguments, while only women react to messages that emphasize the dictator’s power and responsibility. T3 - CEPA Discussion Papers - 2 KW - dictator game KW - communication KW - inequality KW - text analysis KW - experiment Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-427638 SN - 2628-653X IS - 2 ER - TY - RPRT A1 - Caliendo, Marco A1 - Schröder, Carsten A1 - Wittbrodt, Linda T1 - The Causal Effects of the Minimum Wage Introduction in Germany BT - An Overview T2 - CEPA Discussion Papers N2 - In 2015, Germany introduced a statutory hourly minimum wage that was not only universally binding but also set at a relatively high level. We discuss the short-run effects of this new minimum wage on a wide set of socio-economic outcomes, such as employment and working hours, earnings and wage inequality, dependent and self-employment, as well as reservation wages and satisfaction. We also discuss difficulties in the implementation of the minimum wage and the measurement of its effects related to non-compliance and suitability of data sources. Two years after the minimum wage introduction, the following conclusions can be drawn: while hourly wages increased for low-wage earners, some small negative employment effects are also identifiable. The effects on aspired goals, such as poverty and inequality reduction, have not materialized in the short run. Instead, a tendency to reduce working hours is found, which alleviates the desired positive impact on monthly income. Additionally, the level of non-compliance was substantial in the short run, thus drawing attention to problems when implementing such a wide-reaching policy. T3 - CEPA Discussion Papers - 1 KW - Minimum Wage KW - Evaluation KW - Earnings KW - Working Hours KW - Employment Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-426929 SN - 2628-653X IS - 1 ER - TY - RPRT A1 - Krieger, Heike T1 - Populist governments and international law T2 - KFG Working Paper Series N2 - The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines in how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. This is, however, not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: In the political sphere their practices alter the general environment in which legal rules are interpreted. In the legal sphere populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of nonintervention and foreign funding for NGOs. T3 - KFG Working Paper Series - 29 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-426863 IS - 29 ER - TY - RPRT A1 - McLachlan, Campbell T1 - The assault on international adjudication and the limits of withdrawal T2 - KFG Working Paper Series N2 - International adjudication is currently under assault, encouraging a number of States to withdraw, or to consider withdrawing, from treaties providing for international dispute settlement. This Working Paper argues that the act of treaty withdrawal is not merely as the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. The arguments advanced against international adjudication in the name of popular democracy at the national level can serve as a cloak for the exercise of executive power unrestrained by law. The submission by States of their disputes to peaceful settlement through international adjudication is central, not incidental, to the successful operation of the international legal system. T3 - KFG Working Paper Series - 28 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-426855 IS - 28 ER - TY - RPRT A1 - Krieger, Heike A1 - Liese, Andrea Margit T1 - A Metamorphosis of International Law? BT - Value changes in the international legal order from the perspectives of legal and political science T2 - KFG Working Paper Series N2 - The paper aims to lay out a framework for evaluating value shifts in the international legal order for the purposes of a forthcoming book. In view of current contestations it asks whether we are observing yet another period of norm change (Wandel) or even a more fundamental transformation of international law – a metamorphosis (Verwandlung). For this purpose it suggests to look into the mechanisms of how norms change from the perspective of legal and political science and also to approximate a reference point where change turns into metamorphosis. It submits that such a point may be reached where specific legally protected values are indeed changing (change of legal values) or where the very idea of protecting certain values through law is renounced (delegalizing of values). The paper discusses the benefits of such an interdisciplinary exchange and tries to identify differences and commonalities among both disciplinary perspectives. T3 - KFG Working Paper Series - 27 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-426088 IS - 27 ER - TY - RPRT A1 - Letsiou Häusler, Anna A1 - Beckenkamp, Nicolas A1 - Röthlisberger, Livia ED - Weiß, Norman T1 - New Dimensions of an Old Dilemma BT - Hate Speech and Freedom of Expression T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere T2 - State, Law, and Politics - Research and Discussion Papers N2 - Unfolding the history of one of the oldest human val-ues, the freedom of expression, while defining its limits, is a complicated task. Does freedom stop where hate starts? This very old dilemma is -now more than ever before- revealing new dimensions. Politicians and new laws aim at regulating free expression, while disagree-ments over such regulation gradually become a source of endless conflict in newly formed multicultural, inter-connected, and digitized societies. The example of the Network Enforcement Act is used to understand the idea of restrictive legal practices in Germany, but also to enlighten the fact that law is a human construction which was created in order to regulate communication among individuals. Alternative practices, to straight legal ones, are summarized to show other dimensions of regulating hate speech without involving top-down approaches. The article proposes the approach of re-storative justice as a combination of legal and medita-tive practices in cases of hate speech. One advantage of the restorative justice approach elaborated in this arti-cle is the potential to remedy the inner hate and the pain, both of the victim and perpetrator. Finally, reveal-ing parts of history and new aspects of the ‘hate speech-puzzle’, leads to a questioning of contemporary social structures that possibly generate hate itself. N2 - Der Schutzbereich und die Grenzen der Meinungsfrei-heit müssen stets auf neue definiert und sie muss ge-gebenenfalls mit anderen Menschenrechten abgewogen werden. Hört die Freiheit dort auf, wo der Hass be-ginnt? Mit neuen Gesetzen zielen Politiker auf die Re-gulierung der freien Meinungsäußerung ab, während Meinungsverschiedenheiten über solche Regulierungen zu einer Quelle endloser Konflikte in neu gebildeten multikulturellen, miteinander verbundenen und digita-lisierten Gesellschaften werden. Am Beispiel des Netz-werkdurchsetzungsgesetzes wird die Idee restriktiver Rechtspraktiken in Deutschland untersucht, aber auch aufgezeigt, dass Recht eine menschliche Konstruktion ist, die geschaffen wurde, um die Kommunikation zwi-schen Individuen zu regeln. Alternative, nicht aus-schließlich juristische Praktiken werden zusammenge-fasst, um andere Dimensionen der Regulierung von Hassreden aufzuzeigen, die ohne Top-down-Ansätze auskommen. Wir schlagen den Ansatz der restorativen Gerechtigkeit als eine Kombination aus rechtlichen und meditativen Praktiken in Fällen von Hassrede vor. Ein Vorteil des in diesem Artikel erarbeiteten restaurativen Gerechtigkeitsansatzes ist das Potenzial, den inneren Hass und den Schmerz von Opfern und Tätern zu beseitigen. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 7 KW - Freedom of expression KW - Hate speech Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-424869 SN - 2509-6974 IS - 7 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - RPRT A1 - Roggeband, Conny T1 - International women’s rights BT - Progress under attack? T2 - KFG Working Paper Series N2 - This paper explores current contestations of women’s rights and the implications thereof for international legislation. While contestation over women’s rights is a far from new phenomenon, over the past two decades opposition to gender equality has become better organized at the transnational level, mobilizing a dispersed set of state and non-state actors, and is becoming more successful in halting the progress of women’s rights. I argue that the position of oppositional actors vis-à-vis women rights activism appears to be strengthened by two recent political developments: democratic backsliding and the closure of civic space. Some preliminary findings show how these interrelated developments lead to an erosion of women’s rights at the national level. Governments use low key tactics to dismantle institutional and implementation arrangements and sideline women’s organisations. Next, I explore the implications of these developments for gender equality norms at the national and international level. The active strategy of counter norming adopted by conservative and religious state and non-state actors, designed to circumvent and also undermine Western norms, is increasingly successful. In addition to this, the threatened position of domestic actors monitoring compliance of international treaties, makes the chances of backsliding on international commitments much higher. T3 - KFG Working Paper Series - 26 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-423887 SN - 2509-3770 SN - 2509-3762 IS - 26 ER - TY - RPRT A1 - de Wet, Erika T1 - Entrenching international values through positive law BT - The (limited) effect of peremptory norms T2 - KFG Working Paper Series N2 - Underpinning a legal system with certain values and helping to resolve norm conflicts is in domestic legal systems usually achieved through hierarchical superiority of certain norms of a constitutional nature. The present paper examines the question whether jus cogens can discharge this function within the traditionally horizontal and decentralized international legal order. In so doing, it commences with an overview of the historical origins of peremptory norms in legal scholarship, followed by its endorsement by positive law and courts and tribunals. This analysis illustrates that there are lingering uncertainties pertaining to the process of identification of peremptory norms. Even so, the concept has been invoked in State executive practice (although infrequently) and has been endorsed by various courts. However, such invocation thus far has had a limited impact from a legal perspective. It was mainly confined to a strengthened moral appeal and did in particular not facilitate the resolution of norm conflicts. The contribution further suggests that this limited impact results from the fact that the content of peremptory obligations is either very narrow or very vague. This, in turn, implies a lack of consensus amongst States regarding the content (scope) of jus cogens, including the values underlying these norms. As a result, it is questionable whether the construct of jus cogens is able to provide meaningful legal protection against the erosion of legal norms. It is too rudimentary in character to entrench and stabilize core human rights values as the moral foundation of the international legal order. T3 - KFG Working Paper Series - 25 Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-423859 SN - 2509-3770 SN - 2509-3762 IS - 25 ER - TY - RPRT A1 - Kleinlein, Thomas T1 - Matters of Interpretation BT - How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 24 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422871 SN - 2509-3770 SN - 2509-3762 IS - 24 ER - TY - RPRT A1 - Kahombo, Balingene T1 - The Peace and Security Council of the African Union BT - Rise or Decline of Collective Security in Africa? T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 23 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422864 SN - 2509-3770 SN - 2509-3762 IS - 23 ER - TY - RPRT A1 - Berman, Franklin T1 - Authority in International Law T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 22 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422843 SN - 2509-3770 SN - 2509-3762 IS - 22 ER - TY - RPRT A1 - Jorgensen, Malcolm T1 - Equilibrium & Fragmentation in the International Rule of Law BT - The Rising Chinese Geolegal Order T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 21 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422829 SN - 2509-3770 SN - 2509-3762 EP - 21 ER - TY - RPRT A1 - Palchetti, Paolo T1 - International Law and National Perspective in a Time of Globalization BT - The Persistence of a National Identity in Italian Scholarship of International Law T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 20 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422818 SN - 2509-3770 SN - 2509-3762 IS - 20 ER - TY - RPRT A1 - Lange, Felix T1 - Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law BT - The Multifaceted Genesis of the Jus Cogens Doctrine T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 19 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422510 SN - 2509-3770 SN - 2509-3762 IS - 18 ER - TY - RPRT A1 - Baade, Björnstjern T1 - Fake News and International Law T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 18 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422383 SN - 2509-3770 SN - 2509-3762 IS - 18 ER - TY - RPRT A1 - Burchardt, Dana T1 - The Functions of Law and Their Challenges BT - The Differentiated Functionality of International Law T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 17 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422318 SN - 2509-3770 SN - 2509-3762 IS - 17 ER - TY - RPRT A1 - Zivkovic, Velimir T1 - International Rule of Law Through International Investment Law BT - Strengths, Challenges and Opportunities T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 16 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422181 SN - 2509-3770 SN - 2509-3762 IS - 16 ER - TY - RPRT A1 - Krieger, Heike A1 - Zimmermann, Andreas T1 - Sentenza 238/2014 of the Italian Constitutional Court and the International Rule of Law T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 15 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422140 SN - 2509-3770 SN - 2509-3762 IS - 15 ER - TY - RPRT A1 - Barkholdt, Janina A1 - Kulaga, Julian T1 - 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 T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 14 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-422128 SN - 2509-3770 SN - 2509-3762 IS - 14 ER - TY - RPRT A1 - Ulfstein, Geir A1 - Zimmermann, Andreas T1 - Certiorari Through the Backdoor? BT - The Judgment by the European Court of Human Rights in Burmych and Others v. Ukraine in Perspective T2 - KFG Working Paper Series N2 - In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights has dismissed more than 12.000 applications due to the fact that given that they were not only repetitive in nature, but also mutatis mutandis identical to applications covered by a previous pilot judgment rendered against Ukraine. This raises fundamental issues as to the role of the Court within the human rights protection system established by the ECHR, as well as those concerning the interrelationship between the Court and the Committee of Ministers. T3 - KFG Working Paper Series - 13 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-422054 SN - 2509-3770 SN - 2509-3762 IS - 13 ER - TY - RPRT A1 - Zimmermann, Andreas A1 - Boos, Felix T1 - Bringing States to Justice for Crimes against Humanity BT - The Compromissory Clause in the ILC Draft Convention on Crimes against Humanity T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 12 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-422035 SN - 2509-3770 SN - 2509-3762 IS - 12 ER - TY - RPRT A1 - Braun, Harald T1 - Berlin – New York BT - A Few Observations on Germany in the United Nations T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 11 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421984 SN - 2509-3770 SN - 2509-3762 IS - 11 ER - TY - RPRT A1 - Rajput, Aniruddha T1 - Protection of Foreign Investment in India and International Rule of Law: Rise or Decline? T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 10 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421970 SN - 2509-3770 SN - 2509-3762 IS - 10 ER - TY - RPRT A1 - Arajärvi, Noora T1 - The Rule of Law in the 2030 Agenda T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 9 KW - international law KW - rule of law KW - SDGs KW - SDG 16 KW - sustainable development goals KW - Agenda 2030 KW - United Nations KW - OWG Y1 - 2017 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421906 SN - 2509-3770 SN - 2509-3762 IS - 9 ER - TY - RPRT A1 - Lange, Felix T1 - Between Systematization and Expertise for Foreign Policy BT - The Practice-Oriented Approach in Germany’s International Legal Scholarship (1920–1980) T2 - KFG Working Paper Series N2 - German international legal scholarship has been known for its practice-oriented, doctrinal approach to international law. On the basis of archival material, this article tracks how this methodological take on international law developed in Germany between the 1920s and the 1980s. In 1924, as a reaction to the establishment of judicial institutions in the Treaty of Versailles, the German Reich founded the Kaiser Wilhelm Institute for Comparative Public Law and International Law. Director Viktor Bruns institutionalized the practice-oriented method to advance the idea of international law as a legal order as well as to safeguard the interests of the Weimar government before the various courts. Under National Socialism, members of the Institute provided legal justifications for Hitler’s increasingly radical foreign policy. At the same time, some of them did not engage with völkisch-racist theories, but systematized the existing ius in bello. After 1945, Hermann Mosler, as director of the renamed Max Planck Institute, took the view that the practice-oriented approach was not as discredited as the more theoretical approach of völkisch international law. Furthermore, he regarded the method as a promising vehicle to support the policy of Westintegration of Konrad Adenauer. Also, he tried to promote the idea of ‘international society as a legal community’ by analysing international practice. T3 - KFG Working Paper Series - 8 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421895 SN - 2509-3770 SN - 2509-3762 IS - 8 ER - TY - RPRT A1 - Nolte, Georg T1 - The International Law Commission and Community Interests T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 7 Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421875 SN - 2509-3770 SN - 2509-3762 IS - 7 ER - TY - RPRT A1 - Arajärvi, Noora T1 - The Requisite Rigour in the Identification of Customary International Law BT - A Look at the Reports of the Special Rapporteur of the International Law Commission T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 6 KW - international law KW - customary international law KW - United Nations KW - International Law Commission KW - Special Rapporteur KW - state practice KW - opinio juris Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-420742 SN - 2509-3770 SN - 2509-3762 IS - 6 ER - TY - RPRT A1 - Krieger, Heike T1 - Rights and Obligations of Third Parties in Armed Conflict T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 5 Y1 - 2016 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-420732 SN - 2509-3770 SN - 2509-3762 IS - 5 ER - TY - RPRT A1 - Buser, Andreas T1 - Colonial Injustices and the Law of State Responsibility BT - The CARICOM Claim for Reparations T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 4 KW - CARICOM KW - Colonialism KW - Law of State Responsibility KW - Compensation KW - Reparation KW - Caribbean KW - International Court of Justice Y1 - 2017 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-420541 SN - 2509-3770 SN - 2509-3762 IS - 4 ER - TY - RPRT A1 - Kahombo, Balingene T1 - Africa Within the Justice System of the International Criminal Court BT - The Need for a Reform T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 2 Y1 - 2016 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-419537 SN - 2509-3770 SN - 2509-3762 IS - 2 ER - TY - RPRT A1 - Krieger, Heike A1 - Nolte, Georg T1 - The International Rule of Law – Rise or Decline? BT - Points of Departure T2 - KFG Working Paper Series N2 - 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. T3 - KFG Working Paper Series - 1 Y1 - 2016 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-419528 SN - 2509-3770 SN - 2509-3762 IS - 1 ER - TY - RPRT A1 - Verlaan, Stephanie T1 - Male victims of wartime sexual violence: an ignored phenomenon BT - An analysis of implications T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere N2 - The phenomenon of male-to-male sexual assault undoubtedly occurs, both in domestic and conflict contexts. There is a small but growing discourse supporting the analysis of this phenomenon, however it remains significantly limited and its growth disproportionate to the concerns it warrants. The international law, NGO and State actors are largely responsible for this inhibition, predominately attributable to their intent in preserving the feminist and patriarchal values on which their institutions are founded. The strength with which the feminist discourse has embedded itself into the agendas of relevant actors is obstructing attempts at unbiased analysis of gender-based violence and the development of a discourse dedicated to understanding male sexual assault. It appears to be a prevailing sector-wide perception that females are the only victims of sexual violence and that creating space for a discussion on male-sexual assault will detract worth from the feminist discourse on female sexual assault. This paper discusses the means in which the sectors ignorance towards male sexual assault manifests and the harmful implications of ignoring this phenomenon. The author uses contextual analyses from development, international law, and cultural examples. N2 - Sexualisierte Gewalt gegen Männer existiert im häuslichen Umfeld ebenso wie im Rahmen bewaffneter Konflikte. Zwar wird dieses Phänomen zunehmend diskutiert und analysiert, doch ist der Diskurs nach wie vor begrenzt und seine Zunahme spiegelt nicht die soziopolitische Bedeutung des Problems wider. Neben dem Völkerrecht selbst sind auch NGOs und die Staaten für diese Begrenzungen verantwortlich, weil sie einerseits die feministische Sichtweise aufrechterhalten wollen und andererseits patriarchalische Strukturen nicht gefährden wollen. Eine unvoreingenommene Diskussion über geschlechterbasierte Gewalt ist aufgrund der Dominanz des feministischen Denkansatzes in diesem Bereich nicht möglich und das Verständnis für gegen Männer als Opfer sexualisierter Gewalt bleibt gering. Dahinter mag die Befürchtung stehen, das In-den Blick-nehmen von Männern würde den weiblichen Opfern zu viel Aufmerksamkeit entziehen. Dieses Diskussionspapier geht der Frage nach, in welchen Bereichen sexualisierte Gewalt gegen Männer ignoriert wird und was die Folgen dieser Vernachlässigung sind. Dabei nutzt die Autorin Kontextanalysen aus den Bereichen Entwicklung und Völkerrecht sowie kulturelle Beispiele. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 6 KW - Geschlechterrolle KW - Kriegsverbrechen KW - Vergewaltigung KW - male rape KW - sexualisierte Gewalt Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-412632 SN - 2509-6974 IS - 6 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - RPRT A1 - Vasquez Carruthers, Juan Francisco T1 - UNHCR and the European refugee crisis T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere N2 - Since 2015, the European Union has struggled to deal with the influx of refugees coming into its territories. The number of institutions involved in designing a competent response approach, com-bined with the unilateral and uncoordinated state reactions, have left unclear where to look for when searching for answers and new alternatives. Can the United Nations High Commissioner for Refugees (UNHCR) take a leading role in solving this and future crises? After a brief recapitulation of the crisis, an analysis of UNHCR’s statue, relationship to international law, and doctrine will put this question to the test while exploring options that are not only available but also feasible in a system where politics trump both legality and morality. If UNHCR is to play an active role in fu-ture refugee policies and become the lead agency it once was, a new daring and innovative approach has to emerge in order to readapt to the power relations that prevail in the twenty-first century. N2 - Seit dem Jahr 2015 sieht sich die Europäische Union einem verstärkten Zustrom von Flüchtlingen ausgesetzt. Verschiedene Institutionen und Politikansätze auf Unionsebene, aber auch in den Mitgliedstaaten erschweren eine einheitliche und sachgerechte Lösung. Könnte der UN-Hochkommissar für Flüchtlinge (UNHCR) bei der Lösung dieser und zukünftiger Krisenlagen eine führende Rolle spielen? Vor dem Hintergrund der tatsächlichen Ereignisse und der Rechtsstellung des UNHCR unternimmt es dieses Diskussionspapier, nach Alternativen zu suchen. Um im Dreieck von Völkerrecht, Moral und Machtpolitik wieder eine aktivere Rolle übernehmen zu können, braucht der UNHCR mutige und innovative Konzepte. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 5 KW - Völkerrecht KW - Internationales Recht KW - Europäische Union KW - Flüchtling KW - Flüchtlingsrecht KW - Refugees KW - UNHCR Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-410429 IS - 5 ER - TY - RPRT A1 - Damen, Juliane A1 - Köhler, Lena A1 - Woodard, Sean T1 - The Human Right of Privacy in the Digital Age T2 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere N2 - The right to privacy in the digital age generates new challenges for the international jurisdiction. The following article deals with such challenges. Therefore it firstly defines the term of privacy in general and presents an international legal framework. With whisteblower Snowden a huge political discourse was initiated and the article gives insights into its further development. In 2015 the Human Rights Council for the first time announced a special rapporteur on the right to privacy. However, the discourse is not only taking place on a political level, also civil society organizations advocate more stringent regulations and prosecutions against violations of the right to privacy. Moreover the importance of the technology sector becomes clear. Companies like Microsoft are increasingly taking responsibility to protect digital media against unjustified data misuse, surveillance, collection and storage. But whereas the IT sector is developing very quickly, legislative processes do so rather slowly. Lastly, the individual is also hold to account. To protect oneself against data misuse is to a great extent acting self-responsible. Still, therefore information on protection must be clear and accessible for everyone. N2 - Das Recht auf Privatsphäre im digitalen Zeitalter stellt die internationale Gerichtsbarkeit vor neue Herausforderungen. Der nachfolgende Artikel beschäftigt sich mit diesen Herausforderungen. Er definiert „Privatsphäre“ und zeigt internationale rechtliche Rahmenbedingungen auf. Der seit Whisteblowern wie Snowden angestoßene internationale politische Diskurs und dessen Entwicklung werden beleuchtet. Der Menschenrechtsrat der Vereinten Nationen bestimmte im April 2015 erstmals einen Sonderberichterstatter für das Recht auf Privatsphäre. Jedoch findet der Diskurs nicht nur auf politischer Ebene statt: Auch zivilgesellschaftliche Organisationen setzten sich zunehmend für strengere Vorschriften und Strafverfolgungsmaßnahmen für Verstöße gegen das Recht auf Privatsphäre ein. Zudem wird auch die Bedeutung des IT-Bereichs deutlich. Technologieunternehmen wie Microsoft sehen sich zunehmend in der Verantwortung, digitale Medien gegen nicht gerechtfertigte Datenmissbrauch, Überwachungsmaßnahmen und Datensammlung zu schützen. Der IT-Bereich entwickelt sich sehr schnell – die Gesetzgebung hingegen sehr schleppend. Zuletzt wird auch die einzelne Person in Verantwortung gezogen. Sich selbst weit möglichst gegen Datenmissbrauch zu schützen, liegt bislang in der Hand des Einzelnen. Informationen zum Schutz müssen jedoch deutlich und zugänglich sein. T3 - Staat, Recht und Politik – Forschungs- und Diskussionspapiere = State, Law, and Politics - Research and Discussion Papers - 3 Y1 - 2017 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-399265 SN - 2509-6974 IS - 3 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - RPRT A1 - Schöler, Klaus T1 - Irrwege der Klimapolitik BT - ein ökonomischer Zwischenruf N2 - Inhalt I. Einleitung II. Es gibt kein Normalklima III. Folgen des Klimawandel IV. Folgen der Klimapolitik V. Schlußfolgerungen T3 - Volkswirtschaftliche Diskussionsbeiträge - 106 Y1 - 2012 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-63668 ER - TY - RPRT A1 - Andree, Kai A1 - Schwan, Mike T1 - Collusive market sharing with spatial competition N2 - This paper develops a spatial model to analyze the stability of a market sharing agreement between two firms. We find that the stability of the cartel depends on the relative market size of each firm. Collusion is not attractive for firms with a small home market, but the incentive for collusion increases when the firm’s home market is getting larger relative to the home market of the competitor. The highest stability of a cartel and additionally the highest social welfare is found when regions are symmetric. Further we can show that a monetary transfer can stabilize the market sharing agreement. T3 - Volkswirtschaftliche Diskussionsbeiträge - 105 Y1 - 2012 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-62146 ER - TY - RPRT A1 - Burdack, Doreen T1 - The economic impact of water restrictions on water-dependent business in South East Queensland, Australia T2 - Finanzwissenschaftliche Diskussionsbeiträge T3 - Finanzwissenschaftliche Diskussionsbeiträge - 65 Y1 - 2011 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-55947 SN - 1864-1431 SN - 0948-7549 IS - 65 ER - TY - RPRT A1 - Andree, Kai T1 - Collusion in spatially separated markets with quantity competition N2 - This paper develops the incentives to collude in a model with spatially separated markets and quantity setting firms. We find that increases in transportation costs stabilize the collusive agreement. We also show that, the higher the demand in both markets the less likely will collusion be sustained. Gross and Holahan (2003) use a similar model with price setting firms, we compare their results with ours to analyze the impact of the mode of competition on sustainability of collusion. Further we analyze the impact of collusion on social welfare and find that collusion may be welfare enhancing. T3 - Volkswirtschaftliche Diskussionsbeiträge - 104 Y1 - 2011 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-55927 ER - TY - RPRT A1 - Reilich, Julia T1 - Returns to education and smoking BT - evidence from Germany N2 - Looking at smoking-behavior it can be shown that there are differences concerning the time-preference-rate. Therefore this has an effect on the optimal schooling decision in the way that we appear a lower average human capital level for smokers. According to a higher time-preference-rate additionally we suppose a higher return to education for smokers who go further on education. With our empirical findings we can confirm the presumptions. We use interactions-terms to regress the average rate of return with IV. Therefore we obtain that smokers have a significantly higher average return to education than non-smokers. T3 - Volkswirtschaftliche Diskussionsbeiträge - 103 Y1 - 2011 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-53883 ER - TY - RPRT A1 - Andree, Kai T1 - Spatial discrimination, nations' size and transportation costs N2 - In this paper we develop a spatial Cournot trade model with two unequally sized countries, using the geographical interpretation of the Hotelling line. We analyze the trade and welfare effects of international trade between these two countries. The welfare analysis indicates that in this framework the large country benefits from free trade and the small country may be hurt by opening to trade. This finding is contrary to the results of Shachmurove and Spiegel (1995) as well as Tharakan and Thisse (2002), who use related models to analyze size effects in international trade, where the small country usually gains from trade and the large country may lose. T3 - Volkswirtschaftliche Diskussionsbeiträge - 101 KW - Landesgröße KW - Außenwirtschaftstheorie KW - Zwei-Länder-Modell KW - Räumlicher Wettbewerb KW - Transportkosten KW - Neue ökonomische Geographie Y1 - 2010 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-48117 ER - TY - RPRT ED - Petersen, Hans-Georg T1 - Tax systems and tax harmonisation in the East African Community (EAC) T2 - Finanzwissenschaftliche Diskussionsbeiträge N2 - In the first part of the report of the GTZ expert group an overview on the basics of integration and tax harmonisation within a common market is given. Chapter II. concentrates on the problems of national and international tax law regarding double taxation before the harmonisation process within the EU is described in detail. This process is not a best practice example but at least the experiences made in the course of the last five decades are interesting enough and might contribute important information for regions, which more or less recently have started a similar endeavour. The harmonisation needs are discussed for value added taxation (VAT), excise taxation, and income taxation. The problems of tax administrations, procedures laws, taxpayers’ rights and obligations as well as tax compliance are also taken into consideration. The second part of the study reviews the national tax systems within the EAC member countries. Before the single taxes are described in more detail, the macroeconomic situation is illuminated by some basic figures and the current stand of the inner-community integration analysed. Then the single tax bases and tax rates are confronted to shed some light on the necessities for the development of a common market within the near future. Again the value added tax laws, excise taxes and income taxes are discussed in detail, while regarding the latter the focus is on company taxation. For a better systematic analysis the national tax laws are confronted within an overview. The chapter is closed with a summary of the tax rates applied and a rough estimation of the tax burdens within the Partner States. The third part of this report contains the policy recommendations of the expert group following the same structures as the chapters before and presenting the results for the VAT, the excises and the corporate income tax (CIT). Additionally the requirements for tax procedures and administration as well as problems of transparency and information exchange are discussed in detail before the strategic recommendations are derived in close relation to the experiences made within the EU harmonisation process. The recommendations are based on the following normative arguments: (1) Tax harmonisation is a basic requirement for economic integration. (2) Equality of taxation is an imperative of tax justice and demands the avoidance of double taxation as well as the combat of tax evasion and corruption. (3) The avoidance of harmful tax competition between the Partner States. (4) The strengthening of taxpayers’ rights in tax procedures. Hence, all kinds of income, goods and services should be taxed once and only once. T3 - Finanzwissenschaftliche Diskussionsbeiträge - 60 KW - centralization KW - decentralization KW - ethnic differences KW - fiscal federalism KW - fiscal planning KW - good governance KW - harmonization KW - integration KW - nation building KW - revenue sharing KW - sustainable fiscal policy KW - tax reform KW - compliance KW - corruption KW - direct taxes KW - double taxation KW - East African Community KW - indirect taxes KW - information exchange KW - international tax law KW - revenue authorities KW - tax administration KW - taxation KW - tax harmonization KW - tax system KW - transparency Y1 - 2010 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus-44693 SN - 1864-1431 SN - 0948-7549 IS - 60 ER -