TY - GEN A1 - Gebel, Arnd A1 - Lüder, Benjamin A1 - Granacher, Urs T1 - Effects of Increasing Balance Task Difficulty on Postural Sway and Muscle Activity in Healthy Adolescents T2 - Postprints der Universität Potsdam Humanwissenschaftliche Reihe N2 - Evidence-based prescriptions for balance training in youth have recently been established. However, there is currently no standardized means available to assess and quantify balance task difficulty (BTD). Therefore, the objectives of this study were to examine the effects of graded BTD on postural sway, lower limb muscle activity and coactivation in adolescents. Thirteen healthy high-school students aged 16 to 17 volunteered to participate in this cross-sectional study. Testing involved participants to stand on a commercially available balance board with an adjustable pivot that allowed six levels of increasing task difficulty. Postural sway [i.e., total center of pressure (CoP) displacements] and lower limb muscle activity were recorded simultaneously during each trial. Surface electromyography (EMG) was applied in muscles encompassing the ankle (m. tibialis anterior, medial gastrocnemius, peroneus longus) and knee joint (m. vastus medialis, biceps femoris). The coactivation index (CAI) was calculated for ankle and thigh muscles. Repeated measures analyses of variance revealed a significant main effect of BTD with increasing task difficulty for postural sway (p < 0.001; d = 6.36), muscle activity (p < 0.001; 2.19 < d < 4.88), and CAI (p < 0.001; 1.32 < d < 1.41). Multiple regression analyses showed that m. tibialis anterior activity best explained overall CoP displacements with 32.5% explained variance (p < 0.001). The observed increases in postural sway, lower limb muscle activity, and coactivation indicate increasing postural demands while standing on the balance board. Thus, the examined board can be implemented in balance training to progressively increase BTD in healthy adolescents. T3 - Zweitveröffentlichungen der Universität Potsdam : Humanwissenschaftliche Reihe - 583 KW - balance training KW - balance strategy KW - muscle coactivation KW - youth KW - training intensity Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-439211 SN - 1866-8364 IS - 583 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 - 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 - THES A1 - Scianna, Bastian Matteo T1 - The Italian war on the eastern front, 1941–1943 BT - operations, myths and memories T2 - Italian and Italian American Studies N2 - The Italian Army’s participation in Hitler’s war against the Soviet Union has remained unrecognized and understudied. Bastian Matteo Scianna offers a wide-ranging, in-depth corrective. Mining Italian, German and Russian sources, he examines the history of the Italian campaign in the East between 1941 and 1943, as well as how the campaign was remembered and memorialized in the domestic and international arena during the Cold War. Linking operational military history with memory studies, this book revises our understanding of the Italian Army in the Second World War. Y1 - 2019 SN - 978-3-03026-523-6 PB - Palgrave Macmillan CY - Cham ER - TY - JOUR A1 - Rebok, Sandra A1 - Winkle, Timothy T1 - “Mason without apron” BT - Alexander von Humboldt and the world of Freemasonry JF - HiN : Alexander von Humboldt im Netz ; international review for Humboldtian studies N2 - Während das Fehlen einer religiösen Haltung in Humboldts Werk, sowie die Kritik, die er diesbezüglich erhalten hat, allgemein bekannt sind, ist sein möglicher Bezug zur Freimaurerei noch weitgehend unerforscht. Zwar erscheint Humboldt auf einigen Listen von „illustren Freimaurern“, zudem tragen mehrere Logen seinen Namen, aber die Frage bleibt offen, ob Humboldt wirklich ein Freimaurer war. Wenn ja, wann und wo ist er einer Loge beigetreten? Gibt es vielleicht Kommentare von ihm zu dieser Art von Geheimbünden? Und wer waren die bekanntesten Freimaurer in seiner Umgebung? Der Artikel beantwortet diese Punkte, aber wichtiger noch geht er der Frage nach, was eine Mitgliedschaft für Humboldts wissenschaftliche Arbeit bedeutet haben könnte, insbesondere im Hinblick auf den herausragenden Erfolg, den er in den Vereinigten Staaten zu Beginn des 19. Jahrhunderts hatte und die Gründe hierfür. Was hätten solche Verbindungen für ihn bedeutet und wie wurde er von den wichtigsten freimaurerischen Persönlichkeiten und Logen in der transatlantischen Welt wahrgenommen? N2 - While the lack of religion in Alexander von Humboldt’s work and the criticism he received is well known, his relationship with Freemasonry is relatively unexplored. Humboldt appears on some lists of “illustrious Masons,” and several lodges carry his name, but was he really a member? If so, when and where did he join a lodge? Are there any comments by him about Freemasonry? Who were the renowned Masons he was surrounded by? This paper examines these questions, but more importantly it analyzes what a membership might have meant for Humboldt’s scholarly work. It looks particularly at the unprecedented success he enjoyed in the United States in the early 19th century and the factors behind it. What could he have gained from these connections and how was he viewed by Masonic leaders and lodges in the trans-Atlantic world? N2 - Mientras que la falta de religiosidad en la obra de Alexander von Humboldt, así como las críticas por ello recibidas, son bien conocidas, su posible relación con la masonería es relativamente incógnita. Humboldt aparece en algunas listas de “masones ilustres” y varias logias llevan su nombre pero, ¿fue realmente miembro de una de ellas? Y en este supuesto, ¿cuándo y dónde se adhirió?, ¿existen comentarios suyos sobre la masonería?, ¿qué masones de renombre le rodearon? Este artículo estudia estas cuestiones pero, de manera más importante, analiza lo que la membresía de una logia masónica podría haber significado para el trabajo académico de Humboldt. En particular, mira el éxito sin precedentes del que disfrutó en los Estados Unidos a comienzos del siglo xix y los motivos para ello. ¿Qué podria haber ganado de estas conexiones y cómo fue visto por los líderes y logias masónicas en el mundo transatlántico? KW - Masonry KW - Atlantic history KW - intellectual networks KW - religion KW - Enlightenment KW - Masonería KW - Historia atlántica KW - redes intelectuales KW - religión KW - Ilustración KW - Freimaurerei KW - Atlantische Geschichte KW - intellektuelle Netzwerke KW - Religion KW - Aufklärung Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-434735 SN - 2568-3543 SN - 1617-5239 VL - XX IS - 38 SP - 31 EP - 50 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Steinmeier, Frank-Walter T1 - Address on the opening of the Alexander von Humboldt Season in Quito, Ecuador, on 13 February 2019 JF - HiN : Alexander von Humboldt im Netz ; international review for Humboldtian studies KW - Alexander von Humboldt Season KW - Federal President KW - trip to South America KW - Quito KW - Ecuador KW - Aimé Bonpland KW - second discoverer of America KW - Humboldt y las Américas Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-434723 SN - 2568-3543 SN - 1617-5239 VL - XX IS - 39 SP - 23 EP - 30 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR T1 - 2018 Declaration of Marseilles BT - For the Defense of Music and Music Education JF - Potsdamer Schriftenreihe zur Musikpädagogik Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-433916 IS - 7 SP - 161 EP - 162 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Haider, Hubert T1 - An anthropic principle in lieu of a “Universal Grammar” JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432590 SN - 978-3-86956-457-9 SP - 363 EP - 381 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Skopeteas, Stavros T1 - Splits and Birds JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432578 SN - 978-3-86956-457-9 SP - 335 EP - 341 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Bornkessel-Schlesewsky, Ina D. A1 - Schlesewsky, Matthias T1 - Is it a bird? Is it a mammal? BT - Perspectives on the learnability/trainability of new grammatical constructions JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432534 SN - 978-3-86956-457-9 SP - 275 EP - 286 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Titov, Elena T1 - Accusative Unaccusatives BT - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432515 SN - 978-3-86956-457-9 SP - 243 EP - 256 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Bayer, Josef T1 - On uninterpretable features JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432507 SN - 978-3-86956-457-9 SP - 231 EP - 241 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Féry, Caroline A1 - Arnhold, Anja T1 - Verum focus and negation JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432356 SN - 978-3-86956-457-9 SP - 213 EP - 229 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Šimík, Radek T1 - On doubling unconditionals JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432267 SN - 978-3-86956-457-9 SP - 155 EP - 169 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Müller, Gereon T1 - Can unaccusative verbs undergo passivization in German? JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432257 SN - 978-3-86956-457-9 SP - 135 EP - 154 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Błaszczak, Joanna T1 - Why is a predicate inversion analysis problematic? BT - Insights from existential, locative and possessive constructions JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432240 SN - 978-3-86956-457-9 SP - 119 EP - 133 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Bacskai-Atkari, Julia T1 - Towards a Fanselownian analysis of degree expressions JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432222 SN - 978-3-86956-457-9 SP - 95 EP - 106 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Cavar, Damir T1 - Measuring lexical semantic variation using word embeddings JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-432201 SN - 978-3-86956-457-9 SP - 61 EP - 74 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Stiebels, Barbara T1 - Bienenfresserortungsversuch BT - compounding with clause-embedding heads JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-431921 SN - 978-3-86956-457-9 SP - 15 EP - 26 PB - Universitätsverlag Potsdam CY - Potsdam ER - TY - JOUR A1 - Olsen, Susan T1 - The instrumental -er suffix JF - Of trees and birds. A Festschrift for Gisbert Fanselow KW - Festschrift KW - Informationsstruktur KW - Linguistik KW - Morphologie KW - Syntax KW - festschrift KW - information structure KW - linguistics KW - morphology KW - syntax Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-430607 SN - 978-3-86956-457-9 SP - 3 EP - 14 PB - Universitätsverlag Potsdam CY - Potsdam 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 - 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 - JOUR A1 - Koch, Anne A1 - Matthias, Ellen A1 - Pollatos, Olga T1 - Increased Attentional Bias towards Food Pictures in Overweight and Obese Children JF - Journal of Child and Adolescent Behavior N2 - Objective: Childhood overweight is related to higher sensitivity for external food cues and less responsiveness towards internal satiety signals. Thus, cognitive psychological models assume an enhanced food attention bias underlying overeating behavior. Nevertheless, this question has only been sparsely investigated so far in younger children and it remains open whether restrained eating behavior plays a correlative role. Methods: The present study investigated this specific information processing bias for food relevant stimuli in 34 overweight children between 6 and 10 years and 34 normal weight children matched for age, sex and socioeconomic status. Children completed a computerized Food Picture Interference task that assessed reaction time interference effects towards high and low calorie food pictures. Level of hunger and restrained eating were assessed via self-report. Results: Results indicated that while finding no group difference in general processing speed or hunger level before the task, overweight children showed a higher attentional bias to food pictures than normal weight children. No effect of caloric density was found. However, surprisingly, the interference effect was negatively related to restrained eating in the overweight group only. Conclusion: The found hypersensitivity for food cues independent of calorie content in overweight children appears to be related to dysfunctional eating, so that future research should consider strategies for attentional retraining. Y1 - 2014 U6 - https://doi.org/10.4172/2375-4494.1000130 SN - 2375-4494 VL - 2 IS - 2 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 - GEN A1 - Grafe, Marianne A1 - Batsios, Petros A1 - Meyer, Irene A1 - Lisin, Daria A1 - Baumann, Otto A1 - Goldberg, Martin W. A1 - Gräf, Ralph T1 - Supramolecular Structures of the Dictyostelium Lamin NE81 T2 - Potsprint der Universität Potsdam Mathematisch-Naturwissenschaftliche Reihe N2 - Nuclear lamins are nucleus-specific intermediate filaments (IF) found at the inner nuclear membrane (INM) of the nuclear envelope (NE). Together with nuclear envelope transmembrane proteins, they form the nuclear lamina and are crucial for gene regulation and mechanical robustness of the nucleus and the whole cell. Recently, we characterized Dictyostelium NE81 as an evolutionarily conserved lamin-like protein, both on the sequence and functional level. Here, we show on the structural level that the Dictyostelium NE81 is also capable of assembling into filaments, just as metazoan lamin filament assemblies. Using field-emission scanning electron microscopy, we show that NE81 expressed in Xenopous oocytes forms filamentous structures with an overall appearance highly reminiscent of Xenopus lamin B2. The in vitro assembly properties of recombinant His-tagged NE81 purified from Dictyostelium extracts are very similar to those of metazoan lamins. Super-resolution stimulated emission depletion (STED) and expansion microscopy (ExM), as well as transmission electron microscopy of negatively stained purified NE81, demonstrated its capability of forming filamentous structures under low-ionic-strength conditions. These results recommend Dictyostelium as a non-mammalian model organism with a well-characterized nuclear envelope involving all relevant protein components known in animal cells. T3 - Zweitveröffentlichungen der Universität Potsdam : Mathematisch-Naturwissenschaftliche Reihe - 682 KW - lamin KW - NE81 KW - Dictyostelium KW - nuclear envelope KW - nuclear lamina KW - expansion microscopy Y1 - 2019 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-425976 SN - 1866-8372 IS - 682 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 - 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 - 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 - 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 -