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Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today’s international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.
Das dritte Working Paper in der KFG Working Paper Series analysiert Zustand und Perspektiven völkerrechtlicher Abrüstungsverträge unter der Ägide der Vereinten Nationen. Während die dreißig Jahre zwischen der Kuba-Krise und dem Fall des Eisernen Vorhangs für die Abrüstung eine erfolgreiche Periode gewesen seien, seien in den Vereinten Nationen seither außer dem Waffenhandelsvertrag keine weiteren Abrüstungsverträge abgeschlossen worden. Die gegenwärtige Stimmung sei abwartend bis negativ, obwohl es ein Nachholbedürfnis gebe, Abrüstungsverträge an die heutigen politischen Gegebenheiten sowie an den Stand der Technik anzupassen. Die Verfasserin schlägt als Lösung vor, durch eine Politik der kleinen Schritte ein besseres Abrüstungsklima zu schaffen, indem dem Diskurs auf Grundlage zusätzlicher Protokolle zu bestehenden Verträgen und notfalls auch durch ein Ausweichen auf andere Gremien eine neue Richtung verliehen werde.
This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.
The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term “international rule of law” is chosen to designate the more recent and “thicker” understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.
Do properties of individual languages shape the mechanisms by which they are processed? By virtue of their non-concatenative morphological structure, the recognition of complex words in Semitic languages has been argued to rely strongly on morphological information and on decomposition into root and pattern constituents. Here, we report results from a masked priming experiment in Hebrew in which we contrasted verb forms belonging to two morphological classes, Paal and Piel, which display similar properties, but crucially differ on whether they are extended to novel verbs. Verbs from the open-class Piel elicited familiar root priming effects, but verbs from the closed-class Paal did not. Our findings indicate that, similarly to other (e.g., Indo-European) languages, down-to-the-root decomposition in Hebrew does not apply to stems of non-productive verbal classes. We conclude that the Semitic word processor is less unique than previously thought: Although it operates on morphological units that are combined in a non-linear way, it engages the same universal mechanisms of storage and computation as those seen in other languages.
Background: The goal of this study was to estimate the prevalence of and risk factors for diagnosed depression in heart failure (HF) patients in German primary care practices.
Methods: This study was a retrospective database analysis in Germany utilizing the Disease Analyzer (R) Database (IMS Health, Germany). The study population included 132,994 patients between 40 and 90 years of age from 1,072 primary care practices. The observation period was between 2004 and 2013. Follow-up lasted up to five years and ended in April 2015. A total of 66,497 HF patients were selected after applying exclusion criteria. The same number of 66,497 controls were chosen and were matched (1:1) to HF patients on the basis of age, sex, health insurance, depression diagnosis in the past, and follow-up duration after index date.
Results: HF was a strong risk factor for diagnosed depression (p < 0.0001). A total of 10.5% of HF patients and 6.3% of matched controls developed depression after one year of follow-up (p < 0.001). Depression was documented in 28.9% of the HF group and 18.2% of the control group after the five-year follow-up (p < 0.001). Cancer, dementia, osteoporosis, stroke, and osteoarthritis were associated with a higher risk of developing depression. Male gender and private health insurance were associated with lower risk of depression.
Conclusions: The risk of diagnosed depression is significantly increased in patients with HF compared to patients without HF in primary care practices in Germany.
Changes in free symptom attributions in hypochondriasis after cognitive therapy and exposure therapy
(2016)
Background: Cognitive-behavioural therapy can change dysfunctional symptom attributions in patients with hypochondriasis. Past research has used forced-choice answer formats, such as questionnaires, to assess these misattributions; however, with this approach, idiosyncratic attributions cannot be assessed. Free associations are an important complement to existing approaches that assess symptom attributions. Aims: With this study, we contribute to the current literature by using an open-response instrument to investigate changes in freely associated attributions after exposure therapy (ET) and cognitive therapy (CT) compared with a wait list (WL). Method: The current study is a re-examination of a formerly published randomized controlled trial (Weck, Neng, Richtberg, Jakob and Stangier, 2015) that investigated the effectiveness of CT and ET. Seventy-three patients with hypochondriasis were randomly assigned to CT, ET or a WL, and completed a 12-week treatment (or waiting period). Before and after the treatment or waiting period, patients completed an Attribution task in which they had to spontaneously attribute nine common bodily sensations to possible causes in an open-response format. Results: Compared with the WL, both CT and ET reduced the frequency of somatic attributions regarding severe diseases (CT: Hedges's g = 1.12; ET: Hedges's g = 1.03) and increased the frequency of normalizing attributions (CT: Hedges's g = 1.17; ET: Hedges's g = 1.24). Only CT changed the attributions regarding moderate diseases (Hedges's g = 0.69). Changes in somatic attributions regarding mild diseases and psychological attributions were not observed. Conclusions: Both CT and ET are effective for treating freely associated misattributions in patients with hypochondriasis. This study supplements research that used a forced-choice assessment.
Much research on language control in bilinguals has relied on the interpretation of the costs of switching between two languages. Of the two types of costs that are linked to language control, switching costs are assumed to be transient in nature and modulated by trial-specific manipulations (e.g., by preparation time), while mixing costs are supposed to be more stable and less affected by trial-specific manipulations. The present study investigated the effect of preparation time on switching and mixing costs, revealing that both types of costs can be influenced by trial-specific manipulations.
Rhythm perception is assumed to be guided by a domain-general auditory principle, the Iambic/Trochaic Law, stating that sounds varying in intensity are grouped as strong-weak, and sounds varying in duration are grouped as weak-strong. Recently, Bhatara et al. (2013) showed that rhythmic grouping is influenced by native language experience, French listeners having weaker grouping preferences than German listeners. This study explores whether L2 knowledge and musical experience also affect rhythmic grouping. In a grouping task, French late learners of German listened to sequences of coarticulated syllables varying in either intensity or duration. Data on their language and musical experience were obtained by a questionnaire. Mixed-effect model comparisons showed influences of musical experience as well as L2 input quality and quantity on grouping preferences. These results imply that adult French listeners' sensitivity to rhythm can be enhanced through L2 and musical experience.
Background: Dementia is a psychiatric condition the development of which is associated with numerous aspects of life. Our aim was to estimate dementia risk factors in German primary care patients.
Methods: The case-control study included primary care patients (70-90 years) with first diagnosis of dementia (all-cause) during the index period (01/2010-12/2014) (Disease Analyzer, Germany), and controls without dementia matched (1:1) to cases on the basis of age, sex, type of health insurance, and physician. Practice visit records were used to verify that there had been 10 years of continuous follow-up prior to the index date. Multivariate logistic regression models were fitted with dementia as a dependent variable and the potential predictors.
Results: The mean age for the 11,956 cases and the 11,956 controls was 80.4 (SD: 5.3) years. 39.0% of them were male and 1.9% had private health insurance. In the multivariate regression model, the following variables were linked to a significant extent with an increased risk of dementia: diabetes (OR: 1.17; 95% CI: 1.10-1.24), lipid metabolism (1.07; 1.00-1.14), stroke incl. TIA (1.68; 1.57-1.80), Parkinson's disease (PD) (1.89; 1.64-2.19), intracranial injury (1.30; 1.00-1.70), coronary heart disease (1.06; 1.00-1.13), mild cognitive impairment (MCI) (2.12; 1.82-2.48), mental and behavioral disorders due to alcohol use (1.96; 1.50-2.57). The use of statins (OR: 0.94; 0.90-0.99), proton-pump inhibitors (PPI) (0.93; 0.90-0.97), and antihypertensive drugs (0.96, 0.94-0.99) were associated with a decreased risk of developing dementia.
Conclusions: Risk factors for dementia found in this study are consistent with the literature. Nevertheless, the associations between statin, PPI and antihypertensive drug use, and decreased risk of dementia need further investigations.