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This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes.
Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
Purpose
This chapter is aimed at contributing to the question of how institutional reforms affect multi-level governance (MLG) capacities and thus the performance of public task fulfillment with a particular focus on the local level of government in England, France, and Germany.
Methodology/approach
Drawing on concepts of institutional evaluation, we analytically distinguish six dimensions of impact assessment: vertical coordination; horizontal coordination; efficiency/savings; effectiveness/quality; political accountability/democratic control; equity of service standards. Methodologically, we rely on document analysis and expert judgments that could be gleaned from case studies in the three countries and a comprehensive evaluation of the available secondary data in the respective national and local contexts.
Findings
Institutional reforms in the intergovernmental setting have exerted a significant influence on task fulfillment and the performance of service delivery. Irrespective of whether MLG practice corresponds to type I or type II, task devolution (decentralization/de-concentration) furthers the interlocal variation and makes the equity of service delivery shrink. There is a general tendency of improved horizontal/MLG type I coordination capacities, especially after political decentralization, less in the case of administrative decentralization. However, decentralization often entails considerable additional costs which sometimes overload local governments.
Research implications
The distinction between multi-purpose territorial organization/MLG I and single-purpose functional organization/MLG II provides a suitable analytical frame for institutional evaluation and impact assessment of reforms in the intergovernmental setting. Furthermore, comparative research into the relationship between MLG and institutional reforms is needed to reveal the explanatory power of intervening factors, such as the local budgetary and staff situation, local policy preferences, and political interests in conjunction with the salience of the transferred tasks.
Practical implications
The findings provide evidence on the causal relationship between specific types of (vertical) institutional reforms, performance, and task-related characteristics. Policy-makers and government actors may use this information when drafting institutional reform programs and determining the allocation of public tasks in the intergovernmental setting.
Social implications
In general, the euphoric expectations placed upon decentralization strategies in modern societies cannot straightforwardly be justified. Our findings show that any type of task transfer to lower levels of government exacerbates existing disparities or creates new ones. However, the integration of tasks within multi-functional, politically accountable local governments may help to improve MLG type I coordination in favor of local communities and territorially based societal actors, while the opposite may be said with regard to de-concentration and the strengthening of MLG type II coordination.
Originality/value
The chapter addresses a missing linkage in the existing MLG literature which has hitherto predominantly been focused on the political decision-making and on the implementation of reforms in the intergovernmental settings of European countries, whereas the impact of such reforms and of their consequences for MLG has remained largely ignored.
In the first part of my work I have investigated the ageing properties of the first passage time distributions in a one-dimensional subdiffusive continuous time random walk with power law distributed waiting times of the form $\psi(\tau) \sim \tau^{-1-\alpha}$ with $0<\alpha<1$ and $1<\alpha<2$. The age or ageing time $t_a$ is the time span from the start of the stochastic process to the start of the observation of this process (at $t=0$). I have calculated the results for a single target and two targets, also including the biased case, where the walker is driven towards the boundary by a constant force. I have furthermore refined the previously derived results for the non-ageing case and investigated the changes that occur when the walk is performed in a discrete quenched energy landscape, where the waiting times are fixed for every site. The results include the exact Laplace space densities and infinite (converging) series as exact results in the time space. The main results are the dominating long time power law behavior regimes, which depend on the ageing time. For the case of unbiased subdiffusion ($\alpha < 1$) in the presence of one target, I find three different dominant terms for ranges of $t$ separated by $t_a$ and another crossover time $t^{\star}$, which depends on $t_a$ as well as on the anomalous exponent $\alpha$ and the anomalous diffusion coefficient $K_{\alpha}$. In all three regimes ($t \ll t_a$, $t_a \ll t \ll t^{\star}$, $t \gg t^{\star}$) one finds power law decay with exponents depending on $\alpha$. The middle regime only exists for $t_a \ll t^{\star}$. The dominant terms in the first two regimes (ageing regimes) come from the probability distribution of the forward waiting time, the time one has to wait for the stochastic process to make the first step during the observation. When the observation time is larger than the second crossover time $t^{\star}$, the first passage time density does not show ageing and the non-ageing first passage time dominates. The power law exponents in the respective regimes are $-\alpha$ for strong ageing, $-1-\alpha$ in the intermediate regime, and $-1-\alpha/2$ in the final non-ageing regime. A similar split into three regimes can be found for $1<\alpha<2$, only with a different second crossover time $t^*$. In this regime the diffusion is normal but also age-dependent. For the diffusion in quenched energy landscapes one cannot detect ageing. The first passage time density shows a quenched power law $^\sim t^{-(1+2\alpha)/(1+\alpha)}$. For diffusion between two target sites and the biased diffusion towards a target only two scaling regimes emerge, separated by the ageing time. In the ageing case $t \ll t_a$ the forward waiting time is again dominant with power law exponent $-\alpha$, while the non-ageing power law $-1-\alpha$ is found for all times $t \gg t_a$. An intermediate regime does not exist. The bias and the confinement have similar effects on the first passage time density. For quenched diffusion, the biased case is interesting, as the bias reduces correlations due to revisiting of the same waiting time. As a result, CTRW like behavior is observed, including ageing. Extensive computer simulations support my findings.
The second part of my research was done on the subject of ageing Scher-Montroll transport, which is in parts closely related to the first passage densities. It explains the electrical current in an amorphous material. I have investigated the effect of the width of a given initial distribution of charge carriers on the transport coefficients as well as the ageing effect on the emerging power law regimes and a constant initial regime. While a spread out initial distribution has only little impact on the Scher-Montroll current, ageing alters the behavior drastically. Instead of the two classical power laws one finds four current regimes, up to three of which can appear in a single experiment. The dominant power laws differ for $t \ll t_a, t_c$, $t_a \ll t \ll t_c$, $t_c \ll t \ll t_a$, and $t \gg t_a,t_c$. Here, $t_c$ is the crossover time of the non-aged Scher-Montroll current. For strongly aged systems one can observe a constant current in the first regime while the others are dominated by decaying power laws with exponents $\alpha -1$, $-\alpha$, and $-1-\alpha$. The ageing regimes are the 1st and 3rd one, while the classical regimes are the 2nd and the 4th. I have verified the theory using numerical integration of the exact integrals and applied the new results to experimental data.
In the third part I considered a single file of subdiffusing particles in an energy landscape. Every occupied site of the landscape acts as a boundary, from which a particle is immediately reflected to its previous site, if it tries to jump there. I have analysed the effects single-file diffusion a quenched landscape compared to an annealed landscape and I have related these results to the number of steps and related quantities. The diffusion changes from ultraslow logarithmic diffusion in the annealed or CTRW case to subdiffusion with an anomalous exponent $\alpha/(1+\alpha)$ in the quenched landscape. The behavior is caused by the forward waiting time, which changes drastically from the quenched to the annealed case. Single-file effects in the quenched landscape are even more complicated to consider in the ensemble average, since the diffusion in individual landscapes shows extremely diverse behavior. Extensive simulations support my theoretical arguments, which consider mainly the long time evolution of the mean square displacement of a bulk particle.
In freshwater sciences, nitrogen gained increasing attention in the past as an important resource potentially influencing phytoplankton growth and thus eutrophication. Most studies and all management approaches, however, are still restricted to dissolved inorganic nitrogen (DIN = nitrate + nitrite + ammonium) since dissolved organic nitrogen (DON) was considered to be refractory for most of the photoautotrophs. In the meantime this assumption has been disproved for all aquatic systems. While research on DON in marine ecosystems substantially increased, in freshwater a surprisingly small number of investigations has been carried out on DON utilization by phytoplankton or even the occurrence and seasonal development of total DON or its compounds in lakes. Therefore, our present knowledge on DON utilization by phytoplankton is often based on single species experiments using a sole, usually low molecular weight DON component, often in unnaturally high amounts mainly carried out with marine phytoplankton species. Thus, we know that some phytoplankton species can take up different DON fractions if they are available in high concentrations and as sole nitrogen source. This does not necessarily imply that phytoplankton would perform likewise in natural environments. In addition, it will be difficult to draw conclusions on the behavior of freshwater phytoplankton from experiments with marine phytoplankton since the nutrient regime in marine environments differs from that of freshwater. In the light of the parallel availability of inorganic and organic nitrogen species in natural freshwater ecosystems, several questions must be raised: "If inorganic nitrogen is available, would phytoplankton really rely on an organic nitrogen source? Could a connection be detected between the seasonal development of DON and changes in the phytoplankton community composition as found for inorganic nitrogen? And if we reduce the input of inorganic nitrogen in lakes and rivers would the importance of DON as nitrogen source for phytoplankton increase, counteracting all management efforts or even leading to undesired effects due to changes in phytoplankton physiology and biodiversity?" I experimentally addressed the questions whether those DON compounds differentially influence growth, physiology and composition of phytoplankton both as sole available nitrogen source and in combination with other nitrogen compounds. I hypothesized that all offered DON - compounds (urea, natural organic matter (NOM), dissolved free and combined amino acids (DFAA, DCAA)) could be utilized by phytoplankton at natural concentrations. However, I assumed that the availability would decrease with increasing compound complexity. I furthermore hypothesized that the occurrence of low DIN concentrations would not affect the utilization of DON negatively. The nitrogen source, whatsoever, would have an impact on phytoplankton physiology as well as community composition. To investigate these questions and assumptions I conducted bioassays with algae monocultures as well as phytoplankton communities testing the utilization of various DON compounds by several freshwater phytoplankton species. Especially the potential utilization of NOM, a complex DON compound mainly consisting of humic substances is of interest, since it is usually regarded to be refractory. In order to be able to use natural concentrations of DON - compounds for my experiments the concentration of total DON and some DON - compounds (urea, humic substances, heigh molecular weight substances) was assessed in Lake Müggelsee. All compounds were able to support algae growth in the low natural concentrations supplied. However, I found that the offered DON compounds differ in their availability to various algae species, both, as sole nitrogen source or in combination with low DIN concentrations. As expected, the availability decreased with increasing complexity of the nitrogen compound. Furthermore, I could show that changes in algal physiology (nitrogen storage, metabolism) occur depending on the utilized nitrogen source. Especially the secondary photosynthetic pigment composition, heterocyst frequency and C:N - ratio of the algae were affected. The uptake and usage of certain nitrogen compounds might be more costly, potentially resulting in those physiology changes. Whereas laboratory experiments with single species revealed strong effects of DON, algal responses to DON in a multi-species situation remain unclear. Experiments with phytoplankton communities from Lake Müggelsee revealed that the nitrogen pool composition does influence the phytoplankton community structure. The findings furthermore show that several species combined might utilize the supplied nitrogen completely different than monocultures in the laboratory. Thus, besides the actual ability of algae to use the offered nitrogen sources other factors, such as interspecific competition, may be of importance. I further investigated, if the results of the laboratory experiments, can be verified in the field. Here, I surveyed the seasonal development of several dissolved organic matter (DOM) components (urea, high molecular weight substances (HMWS), humic substances (HS)) and associated parameters (Specific UV-absorption (SUVA), C:N - ratio) in Lake Müggelsee between 2011 and 2013. Furthermore, data from the long term measurements series of Lake Müggelsee such as physical (temperature, light, pH, O2) and chemical parameters (nitrogen, phosphorous, silica, inorganic carbon), zooplankton and phytoplankton data were used to investigate how much of the variability of the phytoplankton composition in Lake Müggelsee can be explained by DON/DOM concentration and composition, relative to the other groups of explanatory variables. The results show that DON mainly consists of rather complex compounds such as humic substances and biopolymers (80 %) and that only slight seasonal trends are detectable. Using variance partitioning I could show, that the usually investigated nutrients (DIN, silica, inorganic carbon, phosphorous) and abiotic factors together explain most of the algae composition as was to be expected (57.1 % of modeled variance). However, DOM and the associated parameters uniquely explain 10.3 % of the variance and thus slightly more than zooplankton with 9.3 %. I could therefore prove, that the composition of DOM (nitrogen and carbon) is connected to the algae composition in an eutrophic lake such as Lake Müggelsee. DON - compounds such as urea, however, could not be correlated with the occurrence of specific phytoplankton species. Overall, the results of this study imply that DON can be a valuable nitrogen source for freshwater phytoplankton. DON is used by various species even when DIN is available in low concentrations. Through the reduction of DIN in lakes and rivers, the DON:DIN ratio might be changed, resulting even in an increased importance of DON as phytoplankton nitrogen source. My work suggests that not only N2-fixation but also DON utilization might compensate for reduced N - input. Changes from DIN to DON as main nitrogen source might also promote certain, potentially undesired algae species and influence the biodiversity of a limnic ecosystem through changes in the phytoplankton community structure. Thus, DON, especially urea, should be included in calculations concerning total available nitrogen and when determining nitrogen threshold values. Furthermore, the input-reduction of DON, for example from waste-water treatment plants should also be evaluated and the results of my thesis should find consideration when planning to reduce the nitrogen input in freshwater.