340 Recht
Refine
Has Fulltext
- no (92) (remove)
Year of publication
Document Type
- Article (54)
- Part of a Book (23)
- Doctoral Thesis (6)
- Monograph/Edited Volume (5)
- Other (2)
- Conference Proceeding (1)
- Journal/Publication series (1)
Language
- English (92) (remove)
Is part of the Bibliography
- yes (92)
Keywords
- Paris Agreement (4)
- governance (3)
- intergovernmental relations (3)
- non-state actors (3)
- COVID-19 (2)
- administrative culture (2)
- crisis (2)
- crisis management (2)
- federalism (2)
- window of opportunity (2)
Institute
- Öffentliches Recht (41)
- Fachgruppe Politik- & Verwaltungswissenschaft (18)
- Bürgerliches Recht (13)
- Sozialwissenschaften (8)
- Fachgruppe Betriebswirtschaftslehre (6)
- MenschenRechtsZentrum (4)
- Fachgruppe Soziologie (2)
- Juristische Fakultät (2)
- Wirtschaftswissenschaften (2)
- Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?" (1)
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.
Legal shades of grey?
(2021)
As part of the current 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 such 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'.
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’.
Das Werk analysiert umfassend das Verbrechen der Aggression im Sinne des Römischen Statuts. Ausgehend von der Rechtsgeschichte, werde die einschlägigen Artikel 8bis, 15bis und 15ter des Römischen Statuts, also die Definition des Verbrechens der Aggression, analysiert.
Ebenso behandelt das Buch weiterführende Entwicklungen des Verbrechens der Aggression über das Jahr 2017 hinaus – das Jahr, in dem es, wahrscheinlich, zu einer Entscheidung über die Aktivierung der Gerichtsbarkeit kommt