TY - JOUR A1 - Weiß, Norman T1 - How to integrate environmental law into constitutional law BT - the German experience JF - Revue juridique de l’Océan Indien N2 - This chapter consists of three parts. In the first part, I will give a short overview about the integration of the protection of the environment into German constitutional law. This section will start with the presentation of the relevant provision, Art. 20a BL. Then, I will elaborate on its legal character. In the second part, I will make some brief remarks on the practical implications of Art. 20a BL. Finally, I will present some preliminary conclusions. Y1 - 2021 UR - https://hal.univ-reunion.fr/hal-03328965 SN - 1630-6910 VL - 26 IS - 31 SP - 171 EP - 175 PB - Université de La Réunion CY - Saint-Denis ER - TY - CHAP A1 - Zimmermann, Andreas ED - Volpe, Valentina ED - Peters, Anne ED - Battini, Stefano T1 - Would the world be a better place if one were to adopt a European approach to state immunity? BT - Or, "Soll am Europäischen Wesen die Staatenimmunität genesen"? T2 - Remedies against immunity? N2 - This chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity. Y1 - 2021 SN - 978-3-662-62303-9 SN - 978-3-662-62304-6 U6 - https://doi.org/10.1007/978-3-662-62304-6_12 VL - 297 SP - 219 EP - 233 PB - Springer CY - Berlin ; Heidelberg ER - TY - CHAP A1 - Krasnova, Hanna A1 - große Deters, Fenne A1 - Gladkaya, Margarita T1 - Examining social media as a driver of perfectionism T2 - PACIS 2021 proceedings N2 - Perfectionism is a personality disposition characterized by setting extremely high performance-standards coupled with critical self-evaluations. Often conceived as positive, perfectionism can yield not only beneficial but also deleterious outcomes ranging from anxiety to burnout. In this proposal, we set out to investigate the role of the technology and, particularly, social media in individuals’ strivings for perfection. We lay down theoretical bases for the possibility that social media plays a role in the development of perfectionism. To empirically test the hypothesized relationship, we propose a comprehensive study design based on the experience sampling method. Lastly, we provide an overview of the planned analysis and future steps. Y1 - 2021 UR - https://aisel.aisnet.org/pacis2021/260 SN - 978-1-7336325-7-7 PB - AIS Electronic Library (AISeL) CY - [Erscheinungsort nicht ermittelbar] ER - TY - BOOK ED - Czychowski, Christian ED - Nordemann, Jan Bernd T1 - Law of raw data T3 - AIPPI law series N2 - Law of Raw Data gives an overview of the legal situation across major countries and how such data is contractually handled in practice in the respective countries. In recent years, digital technologies have transformed business and society, impacting all sectors of the economy and a wide variety of areas of life. Digitization is leading to rapidly growing volumes of data with great economic potential. Data, in its raw or unstructured form, has become an important and valuable economic asset, and protection of raw data has become a crucial subject for the intellectual property community. As legislators struggle to develop a settled legal regime in this complex area, this invaluable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. What’s in this book: Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty active specialists of the association from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. How this will help you: A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area. Y1 - 2021 SN - 978-9-403-53280-6 SN - 978-94-035-3281-3 SN - 978-94-035-3282-0 VL - 6 PB - Kluwer Law International CY - Alphen aan den Rijn ER - TY - JOUR A1 - Zimmermann, Andreas A1 - Jauer, Nora T1 - Possible indirect legal effects under international law of non-legally binding instruments JF - KFG working paper series N2 - As part of the current overall process of de-formalization in international law States increasingly chose informal, non-legally binding agreements or ‘Memoranda of Understanding’ (‘MOUs') to organize their international affairs. The increasing conclusion of such legally non-binding instruments in addition to their flexibility, however, also leads to uncertainties in international relations. Against this background, this article deals with possible indirect legal consequences produced by MOUs. It discusses the different legal mechanisms and avenues that may give rise to secondary legal effects of MOUs through a process of interaction with and interpretation in line with other (formal) sources of international law. The article further considers various strategies how to avoid such eventual possible unintended or unexpected indirect legal effects of MOUs when drafting such instruments and when dealing with them subsequent to their respective ‘adoption’. Y1 - 2021 UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3840767 SN - 2509-3770 SN - 2509-3762 VL - 48 PB - Berlin Potsdam Research Group International Law - Rise or Decline? CY - Berlin ER - TY - CHAP A1 - Kuhlmann, Sabine ED - Callanan, Mark ED - Loughlin, John T1 - Managerial reforms from a comparative perspective BT - european subnational governments in the post-new public management era T2 - A research agenda for regional and local government N2 - This chapter analyses managerial reforms at the subnational level of government from a comparative perspective and outlines possible routes for future comparative research. It examines reforms of the external relationships between local governments and private service providers, which were aimed at transforming the organizational macro-setting of local service provision, the task portfolio and functional profile of local governments. The chapter then moves to scrutinizing internal managerial reforms concerned with the modernization of organization and processes and the improvement of management capacities inside local administrations meant to strengthen performance, output- and consumer-orientation in local service delivery. The country sample includes the United Kingdom (England), Sweden, and Germany that represent three distinct types of administrative culture and local government in Europe. Y1 - 2021 SN - 978-1-83910-663-7 SN - 978-1-83910-664-4 U6 - https://doi.org/10.4337/9781839106644.00013 SP - 111 EP - 132 PB - Edward Elgar Publishing CY - Cheltenham, UK ER - TY - CHAP A1 - Abramova, Olga A1 - Gladkaya, Margarita A1 - Krasnova, Hanna T1 - An unusual encounter with oneself BT - exploring the impact of self-view on online meeting outcomes T2 - ICIS 2021: IS and the future of work N2 - Helping overcome distance, the use of videoconferencing tools has surged during the pandemic. To shed light on the consequences of videoconferencing at work, this study takes a granular look at the implications of the self-view feature for meeting outcomes. Building on self-awareness research and self-regulation theory, we argue that by heightening the state of self-awareness, self-view engagement depletes participants’ mental resources and thereby can undermine online meeting outcomes. Evaluation of our theoretical model on a sample of 179 employees reveals a nuanced picture. Self-view engagement while speaking and while listening is positively associated with self-awareness, which, in turn, is negatively associated with satisfaction with meeting process, perceived productivity, and meeting enjoyment. The criticality of the communication role is put forward: looking at self while listening to other attendees has a negative direct and indirect effect on meeting outcomes; however, looking at self while speaking produces equivocal effects. Y1 - 2021 UR - https://aisel.aisnet.org/icis2021/is_future_work/is_future_work/16 PB - AIS Electronic Library (AISeL) CY - [Erscheinungsort nicht ermittelbar] ER - TY - JOUR A1 - Singhal, Puja A1 - Pahle, Michael A1 - Kalkuhl, Matthias A1 - Sommer, Stephan A1 - Levesque, Antoine A1 - Berneiser, Jessica T1 - Beyond good faith BT - why evidence-based policy is necessary to decarbonize buildings cost-effectively JF - SSRN eLibrary / Social Science Research Network N2 - The ambitious climate targets set by industrialized nations worldwide cannot be met without decarbonizing the building stock. Using Germany as a case study, this paper takes stock of the extensive set of energy efficiency policies that are already in place and clarifies that they have been designed “in good faith” but lack in overall effectiveness as well as cost-efficiency in achieving these climate targets. We map out the market failures and behavioural considerations that are potential reasons for why realized energy savings fall below expectations and why the household adoption of energy-efficient and low-carbon technologies has remained low. We highlight the pressing need for data and modern empirical research to develop targeted and cost-effective policies seeking to correct these market failures. To this end, we identify some key research questions and identify gaps in the data required for evidence-based policy. KW - energy efficiency KW - decarbonization KW - housing sector KW - heat demand KW - evidence-based policy Y1 - 2021 U6 - https://doi.org/10.2139/ssrn.3947800 SN - 1556-5068 PB - SSRN - Elsevier CY - Rochester, NY ER - TY - CHAP A1 - Hafner, Julee A1 - Thim, Christof ED - Bui, Tung T1 - Knowledge, innovation and entrepreneurial systems track innovation in organizations BT - learning, unlearning, and intentional forgetting T2 - Proceedings of the 54th Hawaii International Conference on System Sciences N2 - We welcome you to the 54th Hawaii International Conference on System Sciences (HICSS-54) conference. This is the fifth year for the Organizational Learning Minitrack which has had the usual growing pains: two years ago, we added the topic of Unlearning and joined with the Intentional Forgetting Minitrack - as these topics are all organizationally-based knowledge management issues. We proudly bring you the latest research focused on the methods to develop and maintain organizational learning within the Knowledge Innovation and Entrepreneurial Systems Track. The ability to update, change and use current knowledge effectively, especially in light of the ongoing knowledge explosion, can be costly for any organization. Organizations that consider themselves “learning” or “knowledge-based” organizations must develop a competent workforce using KM strategies. Success in organizations involves developing a variety of human factors for changing competencies. With technological change, modification and revisions, many skills require updating for a competitive advantage in the marketplace. The focus on new techniques and insights into how individuals and organizations use their knowledge is our focus for the improvement of organizational learning in this Minitrack. Y1 - 2021 SN - 978-0-9981331-4-0 SP - 5046 EP - 5047 PB - University of Hawai'i at Manoa, Hamilton Library CY - Honolulu, HI ER - TY - RPRT A1 - Gagrčin, Emilija A1 - Schaetz, Nadja A1 - Rakowski, Niklas A1 - Toth, Roland A1 - Renz, André A1 - Vladova, Gergana A1 - Emmer, Martin T1 - We and AI BT - living in a datafied world : experiences & attitudes of young Europeans KW - sociology & anthropology KW - technology (applied sciences) KW - sociology of science KW - sociology of technology KW - research on science and technology KW - technology assessment KW - artificial intelligence KW - digitalization KW - educational technology KW - decision making KW - data security KW - monitoring KW - data protection KW - automation KW - Europe KW - attitude KW - young adult KW - technological change KW - new technology Y1 - 2021 U6 - https://doi.org/10.34669/wi/1 PB - Weizenbaum Institute for the Networked Society - the German Internet CY - Berlin ER -