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Would the world be a better place if one were to adopt a European approach to state immunity?
(2021)
This chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
This introductory essay is structured as follows: First of all, several forms of urbanisation (I.) are introduced and the processes of urbanisation and dis-urbanisation (II.) are defined. Then four fields of law which are deeply affected by urbanisation are put into the focus. These are, local government law (III.), but also public building law (IV.), civil service law (V.) and public finance law (VI.). Afterwards the effects of the corona pandemic on these fields of law are contemplated, taking account of the process of urbanisation (VII.). Finally, the main results are summarised (VIII.).
Smend, Rudolf
(2021)
Singles in the city
(2021)
More people than ever are living in cities, and in these cities, more and more people are living alone. Using the example of Vienna, this paper investigates the subjective well-being of single households in the city. Previous research has identified positive and negative aspects of living alone (e.g., increased freedom vs. missing social embeddedness). We compare single households with other household types using data from the Viennese Quality of Life Survey (1995–2018). In our analysis, we consider overall life satisfaction as well as selected dimensions of subjective wellbeing (i.e., housing, financial situation, main activity, family, social contacts, leisure time). Our findings show that the subjective well-being of single households in Vienna is high and quite stable over time. While single households are found to have lower life satisfaction than two-adult households, this result is mainly explained by singles reporting lower satisfaction with family life. Compared to households with children, singles are more satisfied with their financial situation, leisure time and housing, which helps to offset the negative consequences of missing family ties (in particular with regard to single parents).
The rising standard language in Early New High German (1350–1650) provides particularly interesting cases for the question of missing heads on all levels of language structure. A well-known example are subordinate clauses lacking a finite auxiliary verb, traditionally called Afinite Constructions. Based on new data, drawn from two treebanks of Early New High German, the present paper will briefly sketch the distribution of ACs, before establishing that they are in fact a type of ellipsis and do not cluster with other non-finite clauses in German. The remainder of the paper addresses the question what kind of information is missing in ACs and how this information is retrieved. Obviously, auxiliary drop in ENHG represents a type of ellipsis rarely attested in present-day German.
While school supervision structures in the German Länder were extensively reformed during the last decades, systematic analyses of these reforms are missing. This chapter contributes to this research gap by providing an overview of the implemented reforms of school supervision structures in the German Länder. The effects of these reforms are analysed in order to answer the question of whether a convergence of school supervision systems is a result of these reforms. In a first step, a distinction is made to identify system-changing reforms. Although a decrease of the number or a concentration on one school supervision system is not a result of the analysis, it is argued that there is a convergence of school supervision structures, as a clear trend against school supervision systems with lower school supervisory boards can be observed.
Faced with the triad of time-cost-quality, the realization of knowledge-intensive tasks at economic conditions is not trivial. Since the number of knowledge-intensive processes is increasing more and more nowadays, the efficient design of knowledge transfers at business processes as well as the target-oriented improvement of them is essential, so that process outcomes satisfy high quality criteria and economic requirements. This particularly challenges knowledge management, aiming for the assignment of ideal manifestations of influence factors on knowledge transfers to a certain task. Faced with first attempts of knowledge transfer-based process improvements [1], this paper continues research about the quantitative examination of knowledge transfers and presents a ready-to-go experiment design that is able to examine quality of knowledge transfers empirically and is suitable to examine knowledge transfers on a quantitative level. Its use is proven by the example of four influence factors, which namely are stickiness, complexity, competence and time pressure.
Protecting the vulnerable
(2021)
Contemporary pressures of climate change and migration are abetting the spread of (re)emerging infectious diseases (EIDs), including HIV, Ebola and tuberculosis (TB). While the fact remains that any person can become infected, those most affected are vulnerable populations. In Eastern and Southern Africa (ESA) these include marginalized groups such as people who sell sex, LGBTI and MSM, but more widely also adolescents. Adolescents and young adults represent a particularly vulnerable group, caught as they are on the cusp between child protections and adult citizenship claims, including to health and educational provisions and protections. Without, or with incomplete claims, members of marginalized and vulnerable communities are excluded from access to provisions and protections of health as part of human security, whether out of apathy, fear or jurisdiction or through (deliberate) neglect.
The chapter proceeds through the framework of human security, which puts the security of individuals at the centre of its analysis. This stands in contrast to the 1990s securitization argument which framed HIV as a threat to state security. This chapter analyzes unique challenges of vulnerable adolescent populations as these relate to HIV prevention and treatment access. In doing so, it pays special heed to the “double vulnerability” of non-citizenship and compromised citizenship among this cohort. By invoking the human security paradigm, this chapter explores HIV interventions as they pertain to and aim to protect vulnerable populations beyond borders.