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  - Barkholdt, Janina
A1  - Reiners, Nina
T1  - Pronouncements of Expert Treaty Bodies
BT  - From ‘Black Boxes’ to ‘Key Catalysts’ in International Law?
T2  - KFG Working Paper Series
N2  - While some pronouncements of expert treaty bodies have been considered ‘key catalysts’ for the development of international human rights law, others are only selectively referred to in legal practice. This article argues that the varying normative impact is due to the informal character of pronouncements. In the absence of treaty provisions specifying their legal effect, practitioners tend to rely on different factors and arguments when either drawing on or rejecting certain pronouncements. Scholars in turn face difficulties when trying to identify explanatory patterns within this diverging practice as the informal character confronts both international lawyers and international relations scholars with their respective methodological ‘blind spots’. In light of these intradisciplinary challenges, this article explores the extent as to which an interdisciplinary approach helps to assess the reasons for the varying impact of pronouncements. After analysing the factors determining their legal significance on the basis of State practice and the academic debate, this article identifies the drafting process as a factor which promises to be particularly insightful when explored from an interdisciplinary perspective and sketches out a framework for future research.
T3  - KFG Working Paper Series - 40 
Y1  - 2020
U6  - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-475886
IS  - 40
ER  -