@techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Requisite Rigour in the Identification of Customary International Law}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {6}, issn = {2509-3770}, doi = {10.25932/publishup-42074}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420742}, pages = {27}, year = {2017}, abstract = {Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL - practice and opinio juris - have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.}, language = {en} } @techreport{Arajaervi2017, type = {Working Paper}, author = {Araj{\"a}rvi, Noora}, title = {The Rule of Law in the 2030 Agenda}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {9}, issn = {2509-3770}, doi = {10.25932/publishup-42190}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421906}, pages = {34}, year = {2017}, abstract = {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.}, language = {en} } @article{Bezzenberger2017, author = {Bezzenberger, Tilman}, title = {Coexistence and Harmonization of Company Laws}, series = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, journal = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, publisher = {Lang}, address = {Bruxelles}, isbn = {978-2-8076-0126-0}, issn = {2235-1078}, doi = {10.3726/978-2-8076-0127-7}, pages = {181 -- 192}, year = {2017}, language = {en} } @techreport{DamenKoehlerWoodard2017, type = {Working Paper}, author = {Damen, Juliane and K{\"o}hler, Lena and Woodard, Sean}, title = {The Human Right of Privacy in the Digital Age}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {3}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-399265}, year = {2017}, abstract = {The right to privacy in the digital age generates new challenges for the international jurisdiction. The following article deals with such challenges. Therefore it firstly defines the term of privacy in general and presents an international legal framework. With whisteblower Snowden a huge political discourse was initiated and the article gives insights into its further development. In 2015 the Human Rights Council for the first time announced a special rapporteur on the right to privacy. However, the discourse is not only taking place on a political level, also civil society organizations advocate more stringent regulations and prosecutions against violations of the right to privacy. Moreover the importance of the technology sector becomes clear. Companies like Microsoft are increasingly taking responsibility to protect digital media against unjustified data misuse, surveillance, collection and storage. But whereas the IT sector is developing very quickly, legislative processes do so rather slowly. Lastly, the individual is also hold to account. To protect oneself against data misuse is to a great extent acting self-responsible. Still, therefore information on protection must be clear and accessible for everyone.}, language = {en} } @article{Fritz2017, author = {Fritz, Maximilian}, title = {International Commercial Arbitration n the Framwork of the WTO}, series = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, journal = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, publisher = {Lang}, address = {Bruxelles}, isbn = {978-2-8076-0126-0}, issn = {2235-1078}, doi = {10.3726/978-2-8076-0127-7}, pages = {395 -- 409}, year = {2017}, language = {en} } @article{Hamou2017, author = {Hamou, Sarah}, title = {The Indian Ocean}, series = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, journal = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, publisher = {Lang}, address = {Bruxelles}, isbn = {978-2-8076-0126-0}, issn = {2235-1078}, doi = {10.3726/978-2-8076-0127-7}, pages = {425 -- 433}, year = {2017}, language = {en} } @article{Kappler2017, author = {Kappler, Johannes}, title = {The Free Flow of Financial Services in Europa and the Access of Non-European Financial Service Providers to the European Market}, series = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, journal = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, publisher = {Lang}, address = {Bruxelles}, isbn = {978-2-8076-0126-0}, issn = {2235-1078}, doi = {10.3726/978-2-8076-0127-7}, pages = {97 -- 114}, year = {2017}, language = {en} } @misc{KlenkPieper2017, author = {Klenk, Tanja and Pieper, Jonas}, title = {Accountability in a privatized welfare state}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-403251}, pages = {31}, year = {2017}, abstract = {One of the most striking features of recent public sector reform in Europe is privatization. This development raises questions of accountability: By whom and for what are managers of private for-profit organizations delivering public goods held accountable? Analyzing accountability mechanisms through the lens of an institutional organizational approach and on the empirical basis of hospital privatization in Germany, the article contributes to the empirical and theoretical understanding of public accountability of private actors. The analysis suggests that accountability is not declining but rather multiplying. The shifts in the locus and content of accountability cause organizational stress for private hospitals.}, language = {en} } @article{Lettl2017, author = {Lettl, Tobias}, title = {The Meaning of Undistorted Competition on a Common Market and the Rules for its Maintenance using the Example of the European Union Competition Rules}, series = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, journal = {Developing Intra-regional Exchanges through the Abolition of Commercial and Tariff Barriers : Myth or Reality? (Cultures juridiques et politiques ; 10)}, publisher = {Lang}, address = {Bruxelles}, isbn = {978-2-8076-0126-0}, issn = {2235-1078}, doi = {10.3726/978-2-8076-0127-7}, pages = {65 -- 77}, year = {2017}, language = {en} } @techreport{Nolte2017, type = {Working Paper}, author = {Nolte, Georg}, title = {The International Law Commission and Community Interests}, series = {KFG Working Paper Series}, journal = {KFG Working Paper Series}, number = {7}, issn = {2509-3770}, doi = {10.25932/publishup-42187}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421875}, pages = {22}, year = {2017}, abstract = {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.}, language = {en} }