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 -