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 - JOUR A1 - Zimmermann, Andreas A1 - Schabedoth, John Alexander T1 - Domestic and international criminal justice BT - challenges ahead JF - KFG working paper series N2 - This paper consists of two parts: In the first part, some of the challenges with which the Internationaal Criminal Court is currently confronted are being presented. First of all, the article will describe the current state of the International Criminal Court and the Rome Statue. Afterwards, the article analyses the Court’s efforts to deal with cases against third-country nationals and the challenges it is facing in that regard. In addition, the Court’s case law will be analyzed in order to determine an increasing ‘emancipation’ of the case law of the International Criminal Court from international humanitarian law. The second part of the paper will briefly discuss the role of domestic international criminal law and domestic courts in the further development and enforcement of international criminal law. As an example of the role that domestic courts may have in clarifying classic issues in international law, the judgment of the German Supreme Court of January 28, 2021 (3 StR 564/19), which deals with the status of costumary international law on functional immunity of State officials before domestic courts, shall be assessed. Y1 - 2022 U6 - https://doi.org/10.2139/ssrn.4087189 SN - 2509-3762 SN - 2509-3770 IS - 57 PB - Berlin Potsdam Research Group International Law - Rise or Decline? CY - Berlin ER - TY - BOOK ED - Jürgensen, Helmut T1 - Accessible Media : Pre-Proceedings of a Workshop Potsdam 8-9 May, 2006 T3 - Preprint / Universität Potsdam, Institut für Informatik Y1 - 2006 SN - 0946-7580 VL - 2006, 7 PB - Univ. CY - Potsdam ER - TY - BOOK ED - Mahler, Claudia T1 - Democracy, miniorities and human rihts education in Europe : workshop dpkumentation ; March 5 - 6, 2004, Humboldt University of Berlin ; teaching human rights in Europe ; VW-Tandem research project T3 - Studien zu Grund- und Menschenrechten / MenschenRechtsZentrum der Universität Potsdam Y1 - 2004 SN - 1435-9154 PB - Menschenrechtszentrum CY - Potsdam ER - TY - BOOK ED - Drexler, Peter ED - Kinsky-Ehritt, Andrea T1 - Identities and minorities : postcolonial readings T3 - Potsdamer Beiträge zur Kultur- und Sozialgeschichte Y1 - 2003 SN - 3-89626-292-0 VL - 1 PB - Trafo-Verl. CY - Berlin 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 - BOOK ED - Krieger, Heike ED - Liese, Andrea T1 - Tracing value change in the international legal order N2 - International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women’s rights, the prohibition of the use of force, the non-proliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline. KW - international legal order KW - international relations KW - value change KW - norm change KW - legal change KW - metamorphosis of international law KW - contestation KW - international law Y1 - 2023 SN - 978-0-19-285583-1 SN - 978-0-19-266836-3 U6 - https://doi.org/10.1093/oso/9780192855831.001.0001 PB - Oxford University Press CY - Oxford ER - TY - BOOK ED - Rothermel, Ann-Kathrin ED - Shepherd, Laura J. T1 - Gender and the governance of terrorism and violent extremism N2 - This book brings together a variety of innovative perspectives on the inclusion of gender in the governance of (counter-)terrorism and violent extremism. Several global governance initiatives launched in recent years have explicitly sought to integrate concern for gender equality and gendered harms into efforts to counter terrorism and violent extremism (CT/CVE). As a result, commitments to gender-sensitivity and gender equality in international and regional CT/CVE initiatives, in national action plans and at the level of civil society programming, ´have become a common aspect of the multilevel governance of terrorism and violent extremism. In light of these developments, there is a need for more systematic analysis of how concerns about gender are being incorporated in the governance of (counter-)terrorism and violent extremism and how it has affected (gendered) practices and power relations in counterterrorism policy-making and implementation. Ranging from the processes of global and regional integration of gender into the governance of terrorism, via the impact of the shift on government responses to the return of foreign fighters, to state and civil society-led CVE programming and academic discussions, the essays engage with the origins and dynamics behind recent shifts which bring gender to the forefront of the governance of terrorism. This book will be of great value to researchers and scholars interested in gender, governance and terrorism. The chapters in this book were originally published in Critical Studies on Terrorism. Y1 - 2023 SN - 9781003381266 SN - 978-1-032-46347-6 SN - 978-1-032-46348-3 U6 - https://doi.org/10.4324/9781003381266 PB - Routledge CY - London ER -