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Article 15ter Exercise of jurisdiction over the crime of aggression (Security Council referral)
(2022)
Article 15bis: Exercise of jurisdiction over the crime of aggression (State referal, proprio motu)
(2016)
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.
Article 15bis. Exercise of jurisdiction over the crime of aggression (State referral, proprio motu)
(2022)
In this chapter, we conduct bibliometric performance analyses and a co-citation analysis on all articles relating to family firms indexed in Scopus and Web of Science and all articles published in the Family Business Review, Journal of Family Business Management, and the Journal of Family Business Strategy. Based on the literature sample of 4,056 articles published between 1960 and 2020 by 3,600 authors in 783 journals and their 175,163 references, we identify the most productive and most cited journals, the most cited authors, and the 25 most cited articles. Our science mapping reveals the agency theory, definitions, entrepreneurship, internationalization, ownership, resources, socioemotional wealth, and succession as the predominant research themes in family firm research. Whereas entrepreneurship explicitly appears in one of the clusters, innovation does not yet. Based on our findings, we propose a research framework and point to several research gaps to be addressed by future research.
This paper reads ‘The Detainee’s Tale as told to Ali Smith’ (2016) as an exemplary demonstration of the work of world literature. Smith’s story articulates an ethics of reading that is grounded in the recipient’s openness to the singular, unpredictable, and unverifiable text of the other. More specifically, Smith’s account enables the very event that it painstakingly stages: the encounter with alterity and newness, which is both the theme of the narrative and the effect of the text on the reader. At the same time, however, the text urges to move from an ethics of literature understood as the responsible reception of the other by an individual reader to a more explicitly convivial and political ethics of commitment beyond the scene of reading.
Back in 1949, and thus only one year after the 1948 Universal Declaration of Human Rights, the four Geneva Conventions were adopted, providing a strong signal for a new world order created after 1945 with the United Nations at their centre and combining as their goals both the maintenance of peace and security and the protection of human rights, but also recognising, realistically, that succeeding generations had so far not yet been saved from the scourge of war. Hence, the continued need for rules governing, and limiting, the means and methods of warfare once an armed conflict has erupted. At the same time, the international community has unfortunately not been able so far to fully safeguard individual human rights, its efforts to that effect and the continuous development of international human rights law over the years notwithstanding.
Human rights can be understood as a multi-faceted concept which needs a strong legal basis, namely, a set of legal guarantees in human rights treaties and an increasing number of monitoring mechanisms. Following the Universal Declaration of Human Rights (UDHR) of December 10, 1948, various multi-lateral treaties for the protection of human rights have been negotiated and entered into force. They are not restricted to civil and political rights and take a much broader approach. All have monitoring mechanisms acting on a legal basis. The important European system with its strong, judicial monitoring mechanism is providing an effective human rights protection focused on civil and political rights. In the Görgülü case (2004), the German Federal Constitutional Court underlined the importance of the European Court’s judgments and of the ECHR as a legally binding instrument for the protection of human rights.
Yes, we can (?)
(2021)
The COVID-19 crisis has caused an extreme situation for higher education institutions around the world, where exclusively virtual teaching and learning has become obligatory rather than an additional supporting feature. This has created opportunities to explore the potential and limitations of virtual learning formats. This paper presents four theses on virtual classroom teaching and learning that are discussed critically. We use existing theoretical insights extended by empirical evidence from a survey of more than 850 students on acceptance, expectations, and attitudes regarding the positive and negative aspects of virtual teaching. The survey responses were gathered from students at different universities during the first completely digital semester (Spring-Summer 2020) in Germany. We discuss similarities and differences between the subjects being studied and highlight the advantages and disadvantages of virtual teaching and learning. Against the background of existing theory and the gathered data, we emphasize the importance of social interaction, the combination of different learning formats, and thus context-sensitive hybrid learning as the learning form of the future.
Vienna's resilience
(2022)
This chapter provides a synthesis of the volume, bringing together the aspects that characterise each of the single policy domains analysed throughout and highlighting their synergic effects on the output. In particular, it addresses the dualisation tendencies between ‘winners’ and ‘losers’ in Vienna’s urban transformation in the changing dimensions of social stratification, on the one hand; and the mechanisms of institutional resilience, on the other hand. Despite the inclusive welfare system, emerging vulnerabilities currently pose new challenges for Vienna’s redistributive capacity in the key policy areas. Existing institutional arrangements and their regulatory capacities are a good starting point to answer the question: is Vienna still a just city?
Social institutions
(2024)
Social institutions are a system of behavioral and relationship patterns that are densely interwoven and enduring and function across an entire society. They order and structure the behavior of individuals in core areas of society and thus have a strong impact on the quality of life of individuals. Institutions regulate the following: (a) family and relationship networks carry out social reproduction and socialization; (b) institutions in the realm of education and training ensure the transmission and cultivation of knowledge, abilities, and specialized skills; (c) institutions in the labor market and economy provide for the production and distribution of goods and services; (d) institutions in the realm of law, governance, and politics provide for the maintenance of the social order; (e) while cultural, media, and religious institutions further the development of contexts of meaning, value orientations, and symbolic codes.
When does life end?
(2019)
If you look at the question of the end-of-life legislation, one – or rather THE basic question – is particularly interesting: What is the "end of life"? What is death? Ofcourse, one can approach this question theologically or philosophically, but alsolegally and especially medically. Since the 1960 s, medical progress has made itpossible to distinguish between different individual points of time within the na-tural dying process. However, this raises the question as to which of these pointsof time is relevant for criminal law. This question, which is usually onsideredvery emotionally, will be examined in more detail in the paper.
Time to change
(2020)
Industry 4.0 leads to a radical change that is progressing incrementally. The new information and communication technologies provide many conceivable opportunities for their application in the context of sustainable corporate management. The combination of new digital technologies with the ecological and social goals of companies offers a multitude of unimagined potentials and challenges. Although companies already see the need for action, there was in the past and currently still is a lack of concrete measures that lever the potential of Industry 4.0 for sustainability management. During the course of this position paper we develop six theses (two from each sustainability perspective) against the background of the current situation in research and practice, and policy.
Introduction
(2019)
In the shadow of Valerian
(2023)
As AI technology is increasingly used in production systems, different approaches have emerged from highly decentralized small-scale AI at the edge level to centralized, cloud-based services used for higher-order optimizations. Each direction has disadvantages ranging from the lack of computational power at the edge level to the reliance on stable network connections with the centralized approach. Thus, a hybrid approach with centralized and decentralized components that possess specific abilities and interact is preferred. However, the distribution of AI capabilities leads to problems in self-adapting learning systems, as knowledgebases can diverge when no central coordination is present. Edge components will specialize in distinctive patterns (overlearn), which hampers their adaptability for different cases. Therefore, this paper aims to present a concept for a distributed interchangeable knowledge base in CPPS. The approach is based on various AI components and concepts for each participating node. A service-oriented infrastructure allows a decentralized, loosely coupled architecture of the CPPS. By exchanging knowledge bases between nodes, the overall system should become more adaptive, as each node can “forget” their present specialization.
Business processes are regularly modified either to capture requirements from the organization’s environment or due to internal optimization and restructuring. Implementing the changes into the individual work routines is aided by change management tools. These tools aim at the acceptance of the process by and empowerment of the process executor. They cover a wide range of general factors and seldom accurately address the changes in task execution and sequence. Furthermore, change is only framed as a learning activity, while most obstacles to change arise from the inability to unlearn or forget behavioural patterns one is acquainted with. Therefore, this paper aims to develop and demonstrate a notation to capture changes in business processes and identify elements that are likely to present obstacles during change. It connects existing research from changes in work routines and psychological insights from unlearning and intentional forgetting to the BPM domain. The results contribute to more transparency in business process models regarding knowledge changes. They provide better means to understand the dynamics and barriers of change processes.
To ensure political survival, autocrats must prevent popular rebellion, and political repression is a means to that end. However, autocrats face threats from both the inside and the outside of the center of power. They must avoid popular rebellion and at the same time share power with strategic actors who enjoy incentive to challenge established power-sharing arrangements whenever repression is ordered. Can autocrats turn repression in a way that allows trading one threat off against the other? This chapter first argues that prior research offers scant insight on that question because it relies on umbrella concepts and questionable measurements of repression. Next, the chapter disaggregates repression into restrictions and violence and reflects on their drawbacks. Citizens adapt to the restriction of political civil liberties, and violence backfires against its originators. Hence, restrictions require enforcement, and violence requires moderation. When interpreted as complements, it becomes clear that restrictions and violence have the potential to compensate for their respective weaknesses. The complementarity between violence and restrictions turns political repression into a valuable addition to the authoritarian toolkit. The chapter concludes with an application of these ideas to the twin problems of authoritarian control and power-sharing.
Conclusion
(2020)
Does political repression work for authoritarian rule? On the one hand, repression is a hallmark of authoritarian governance. It denotes any action governments take to increase the costs of collective action. Autocrats consciously apply repression to curb popular opposition within their territorial jurisdiction. They repress in order to protect their policies, personnel, or other interests against challenges from below. Repression is, thus, a means to the end of political survival in non-democratic contexts. A useful means lives up to its promises. Does repression do that? This project started on the suspicion that we do not yet know the answer. This concluding chapter recalls the key theoretical ideas developed along the way, highlights the main findings of the book, and concludes with opportunities for future research.
This chapter aims to analyse whether and how democracy is actually threatened by big-data-based operations and what role international law can play to respond to this possible threat. It shows how big-data-based operations challenge democracy and how international law can help in defending it. The chapter focuses on both state and non-state actors may undermine democracy through big data operations; although democracy as such is a rather underdeveloped concept in international law, which is often more concerned with effectivity than legitimacy – international law protects against these challenges via a democracy-based approach rooted in international human rights law on the one hand, and the principle of non-intervention on the other hand. Thus, although democracy does not play a major role in international law, international law nevertheless is able to protect democracy against challenges from the inside as well as outside.
Strategic management is the deliberate engagement of an administration with the challenges of fulfilling its mission and ensuring and improving its ability to act by clarifying measures of success, an understanding of how to influence patterns of action, and organiza-tional learning. In this respect, it is not just about planning, but about an understanding of the emerging strategies of the administration in fulfilling its tasks and the use of opportunities for performance improvement, taking into account stakeholder expectations, resource base and organizational capabilities.
Concentrating Solar Power (CSP) offers flexible and decarbonised power generation and is one of the few switchable renewable technologies that can generate renewable power on demand. Today (2018), CSP only contributes 5 TWh to European electricity generation but has the potential to become an important generation asset for decarbonising the electricity sector within Europe as well as globally. This chapter examines how factors and key political decisions lead to different futures and the associated CSP use in Europe in the years up to 2050. In a second step, we characterise the scenarios with the associated system costs and the costs of the support policy. We show that the role of CSP in Europe depends crucially on political decisions and the success or failure of policies outside of renewable energies. In particular, the introduction of CSP depends on the general ambitions for decarbonisation, the level of cross-border trade in electricity from renewable sources and is made possible by the existence of a strong grid connection between the southern and northern European Member States and by future growth in electricity demand. The presence of other baseload technologies, particularly nuclear energy in France, diminishes the role and need for CSP. Assuming a favourable technological development, we find a strong role for CSP in Europe in all modelled scenarios: Contribution of 100 TWh to 300 TWh of electricity to a future European electricity system. The current European CSP fleet would have to be increased by a factor of 20 to 60 over the next 30 years. To achieve this, stable financial support for CSP would be required. Depending on framework conditions and assumptions, the amount of support ranges at the EU level from € 0.4 to 2 billion per year, which represents only a small proportion of the total support requirement for the energy system transformation. Cooperation between the Member States could further help reduce these costs.
Lawyers, economists and citizens: the impact of neo-liberal European governance on citizenship
(2017)
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.).
Preface
(2017)
While academic mobility has generally been positioned in the literature as a ready, at-will movement of people and ideas, this chapter demonstrates how the conditions of mobility and immobility “all at once” impact knowledge production and exchange. By offering a more nuanced window into the experiences of scholars in exile, this chapter challenges dominant discourses of academic mobility and draws on lessons learned from within liminal spaces of knowledge production to elicit more response within higher education communities. Context-rich examples reveal the interpersonal tensions and cultural shifts—including gender, ethnic and race-based stereotypes and discrimination—that affect intellectual outputs, further problematizing the conceptualization of knowledge production in human capital terms. Lessons gleaned from Scholars at Risk (SAR) and related programmes suggest support structures that amplify scholars’ agency; more broadly, higher education should consider ways of adapting to its diverse knowledge producers, rather than supporting the acclimation to its current environment.
Modern laser technology and ultrafast spectroscopies have pushed the timescales for detecting and manipulating dynamical processes in molecules from the picosecond over femtosecond domains, to the attosecond regime (1 as = 10(-18) s). This way, real-time dynamics of electrons after their photoexcitation can be probed and manipulated. In particular, experiments are moving more and more from atomic and solid state systems to molecules, opening the fields of "molecular electron dynamics" and "attosecond chemistry." Also on the theory side, powerful quantum dynamical tools have been developed to rationalize experiments on ultrafast electron dynamics in molecular species. <br /> In this contribution, we concentrate on theoretical aspects of ultrafast electron dynamics in molecules, mostly driven by lasers. The dynamics will be described with the help of wavefunction-based ab initio methods such as time-dependent configuration interaction (TD-CI) or the multiconfigurational time-dependent Hartree-Fock (MCTDHF) methods. Besides a survey of the methods and their extensions toward, e.g., treatment of ionization, laser pulse optimization, and open quantum systems, two specific examples of applications will be considered: The creation and/or dynamical fate of electronic wavepackets, and the nonlinear optical response to laser pulse excitation in molecules by high harmonic generation (HHG).
Connecting worlds
(2020)
This chapter considers the benefits of working with linguistic landscapes for language education curriculum. It shows how introducing linguistic landscape exploration into the curriculum can support learners to read beyond words and to build critical understandings of intersections between words and worlds. The chapter explores data from two case studies in different educational contexts. The first study shows the effects of scaffolding in-service languages teachers to learn to read their worlds from multiple perspectives. The second study illustrates the types of insights that can emerge from school EFL learners when they explore the linguistic landscapes of worlds beyond their classrooms.
Process mining (PM) has established itself in recent years as a main method for visualizing and analyzing processes. However, the identification of knowledge has not been addressed adequately because PM aims solely at data-driven discovering, monitoring, and improving real-world processes from event logs available in various information systems. The following paper, therefore, outlines a novel systematic analysis view on tools for data-driven and machine learning (ML)-based identification of knowledge-intensive target processes. To support the effectiveness of the identification process, the main contributions of this study are (1) to design a procedure for a systematic review and analysis for the selection of relevant dimensions, (2) to identify different categories of dimensions as evaluation metrics to select source systems, algorithms, and tools for PM and ML as well as include them in a multi-dimensional grid box model, (3) to select and assess the most relevant dimensions of the model, (4) to identify and assess source systems, algorithms, and tools in order to find evidence for the selected dimensions, and (5) to assess the relevance and applicability of the conceptualization and design procedure for tool selection in data-driven and ML-based process mining research.
Green recovery
(2023)
This chapter reviews how the European Union has fared in enabling a green recovery in the aftermath of the Covid-19 crisis, drawing comparisons to developments after the financial crisis. The chapter focuses on the European Commission and its evolving role in promoting decarbonisation efforts in its Member States, paying particular attention to its role in financing investments in low-carbon assets. It considers both the direct effects of green stimulus policies on decarbonisation in the EU and how these actions have shaped the capacities of the Commission as an actor in the field of climate and energy policy. The analysis reveals a significant expansion of the Commission’s role compared to the period following the financial crisis. EU-level measures have provided incentives for Member States to direct large volumes of financing towards investments in climate-friendly assets. Nevertheless, the ultimate impact will largely be shaped by implementation at the national level.
'Tools' in public management
(2022)
Tools are methods or procedures, and thus operational patterns of action, applied in public administrations to solve standard problems. It is also possible to consider them as structured communication according to professional standards aiming at complexity reduction. Regularly, tools in management stem on a deductive-synoptic rationale offering a seemingly ‘objective’ decision basis. They have a strong formative influence on the organization, regularly also beyond the intended effects. The prominence of tools is sometimes confused with management as such, e.g. introducing tools is mistaken as equivalent to managing for a particular purpose. However, tools have to be closely and carefully managed regarding the objectives and purposes they should serve.
Idolatry
(2021)
Nuesiri assesses the UN-REDD (United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) commitment to strengthen local democracy as a safeguard protecting local interests in REDD+ (Reducing Emissions from Deforestation and Forest Degradation with the added goals of Conserving and Enhancing Forest Carbon Stocks, and Sustainably Managing Forests). The chapter examines local representation during the consultative process associated with the Nigeria-REDD proposal. Local representation was through selected individuals (descriptive representatives), customary authority, and NGOs (symbolic representatives). Elected local government authorities (substantive representatives) were excluded from the consultative process. Exclusion of elected local governments is linked to godfather politics in Nigeria, which enables state governors to subordinate local government authority and constrain their responsiveness to local needs. In approving the Nigeria-REDD proposal, the UN-REDD reinforced the subversion of local democracy in Nigeria. The UN-REDD would be fulfilling its democracy objectives in Nigeria by engaging substantively all local governance actors, including elected local government authorities.
It’s personal
(2021)
The new technologies of the Fourth Industrial Revolution (4IR) are disrupting traditional models of work and learning. While the impact of digitalization on education was already a point of serious deliberation, the COVID-19 pandemic has expedited ongoing transitions. With 90% of the world’s student population having been impacted by national lockdowns—online learning has gone from being a luxury to a necessity, in a context where around 3.6 billion people are offline. As the impacts of the 4IR unfold alongside the current crisis, it is not enough for future policy pathways to prioritize educational attainment in the traditional sense; it is essential to reimagine education itself as well as its delivery entirely. Future policy narratives will need to evaluate the very process of learning and identify the ways in which technology can help reduce existing disparities and enhance digital access, literacy and fluency in a scalable manner. In this context, this chapter analyses the status quo of online learning in India and Germany. Drawing on the experiences of these two economies with distinct trajectories of digitalization, the chapter explores how new technologies intersect with traditional education and local sociocultural conditions. Further, the limitations and opportunities presented by dominant ed-tech models is critically analyzed against the ongoing COVID-19 pandemic.
Introduction
(2017)
In the course of the last four decades, neo-liberalism has established itself as the dominant form of governing both national societies and global affairs. On the foundation of both Keynesian economic policies and the Bretton Woods system of fixed exchange rates among currencies, the world economy recovered. The classical sociological meaning and concept of citizenship as defined by T. H. Marshall and others after World War II rests on an analysis of the relationship between the capitalist economy and political democracy against the background of 'embedded liberalism'. Today, however, the enforcement of neo-liberal principles in order to turn modern democracies into 'market societies' impinges heavily on our idea of citizenship. The critical aspects of a flawed citizenship go directly to the heart of the idea of citizenship itself, as both democratic and social participation and a substantial conception of individual liberty all seem to be under attack from the global politico-economic regime.
Introduction
(2017)
The history of citizenship is one of social struggle against pre-modern authorities, nobles and aristocracies, of class struggles and the demands of social movements, and no less of cultural, ethnic, indigenous protests against the long history of colonialism. Paths to citizenship in Europe have taken very different directions, as Charles Tilly has shown with regard to England, the Netherlands, Russia or Prussia. Max Weber's dictum of defining the state by the accomplishment of the monopolisation of the legitimate means of violence is of utmost significance for the history of citizenship. There can be no doubt that the experience of World War II prepared the ground for the twentieth-century idea of citizenship. Consequently the Western concept of citizenship has been promoted as a role model in the march towards modernity as peaceful, democratic and universalistic. Finally, this chapter presents an overview of the key concepts discussed in the subsequent chapters of this book.
Introduction
(2017)
This introduction presents an overview of the concepts discussed in the subsequent chapters of this book. The book examines the role of Frontex in the European Union as an agency to protect its external borders in the Mediterranean from irregular or 'illegal' migration. It discusses that Europe is an arrangement for European citizens only – and for some privileged non-citizens as in the Swiss case. The book explains the points to the possibility of a transnational membership regime that, however, bears certain antinomies that also point to unresolved problems. It offers an interesting view on the symbolic boundary between the citizen and the consumer, discussing this nexus from the perspective of citizenship studies, consumer culture and surveillance studies. Among the many far-reaching transformations that both societies and citizens have faced in recent years, the European migration crisis has most urgently brought to mind the fact that modern citizenship has always been about boundaries and about processes of inclusion and exclusion
Introduction
(2018)
The rise of populism has promoted a broad, vivid and flourishing debate in the social sciences that seems to have arisen even in the face of the ties between right-wing populism and the extreme right. The social sciences are struggling with how properly to conceptualise and theorise populism as a social and political phenomenon. Incongruity or asynchrony of events in factual history and their being conceptualised is obviously critical with regard to the problems that arise with defining and conceptualising populism. The plurality of usages, applications and meanings of populism thus only shows how, in a vivid debate, scholars can observe a contest for coming to terms with a concept that remains in flux and that needs to be continually revised given rapidly changing social conditions. The chapter also presents an overview of the key concepts discussed in this book.
We the people
(2018)
The chapter argues that populism as a modern phenomenon is closely linked with the great democratic revolutions that, for the first time in history, addressed ‘the people’ as the sovereign, thereby constituting the modern citizen. Yet, ‘the people’ can and do draw boundaries between ‘us’ and ‘them’. In an analytical perspective the article suggests a distinction between three forms of populism, ‘organic populism’, ‘liberal economic populism’, and ‘liberal cultural populism’, that operate differently. Applying closure theory to these different forms allows understanding of the different processes of populist politics that today promote exclusion by applying differentiated strategies of social closure.
Language and Content
(2014)
Reputation and influence
(2022)
International public administrations (IPAs) are collective bodies within international organizations (IOs) made up of international civil servants that support the intergovernmental bodies and member states. Over the last decade, research on these bodies has “gained substantial momentum”. Comparative assessments of IPAs reputation among stakeholders are rare. The literature on the sociological legitimacy of IOs is most advanced in this respect. A comparative agenda on IPAs reputation for expertise or neutrality is still in its infancy. Research has shown that different stakeholders view the same IPA quite differently. Reputation is a crucial concept in political science and IR research and has been widely used to predict states’ future behavior, notably regarding cooperation and conflict. IPAs seem to vary substantially in their reputation for expertise among critical interlocutors. In financial policy, several prominent IPAs are seen as experts, including the European Central Bank and the IMF.
The following article deals with the question under which conditions a patientdecree is possible in German law. A patient decree can, within certain limits, define the will of the patient at the stage of legal capacity to determine whatshould happen in certain situations when the patient is later under care and acaregiver there-fore takes over his or her representation in certain decisions.Thisapplies in particular to the termination of life-sustaining measures in case ofillness.
In the last two centuries BC, with the Republic limping towards its end, the cultivated ruling elite began to lose its moral and political authority.1 Its members not only held themselves responsible for the so-called crisis of tradition, but at the same time also conveyed the impression of a loss of memory, as if all Romans were suffering from some kind of amnesia or identity crisis.2 In particular, institutional figures such as pontiffs and augurs, who had preserved Rome’s memory throughout its history, were accused of neglecting their duties and, by extension, of allowing ancient practices and values to slowly disappear.3 Accordingly, Cicero and Varro, both perfect representatives of this elite, employed recurrent terms such as neglect (neglegentia/neglegere), involuntary abandon (amittere), oblivion (oblivio), vanishing of institutions (evanescere), and ignorance (ignoratio/ignorare) to describe this critical loss of information; they depicted the citizenry of Rome (civitas) as disoriented and estranged, incapable of sharing any common knowledge or values.
Focusing on forest policy and urban climate politics in Brazil and Indonesia, the primary objective of this chapter is to identify domestic pioneers and leaders who, compared to other sectors, governmental levels or jurisdictions within the same nation-state, move ‘ahead of the troops’ (Liefferink and Wurzel, 2017: 2-3). The chapter focuses especially on the role of multilevel governance in bringing about pioneership and leadership and on the different types of that have emerged. It also explores whether and, if so, to what extent domestic pioneers and leaders attract followers and whether there are signs of sustained domestic leadership. The chapter identifies the actors that constitute pioneers and leaders and assesses the processes which lead to their emergence. The chapter authors take up Wurzel et al.’s (2019) call to open up the black box of the nation-state. But instead of stressing the role of non-state actors, the chapter authors focus on vertical interactions among different governmental levels within nation states. The main argument put forward is that international and transnational processes, incentives, and ideas often trigger the development of domestic pioneership and leadership. Such processes, however, cannot be understood properly if domestic politics and dynamics across governmental levels within the nation-state are not taken into account.
From employee to expert
(2021)
In the context of the collaborative project Ageing-appropriate, process-oriented and interactive further training in SME (API-KMU), innovative solutions for the challenges of demographic change and digitalisation are being developed for SMEs. To this end, an approach to age-appropriate training will be designed with the help of AR technology. In times of the corona pandemic, a special research design is necessary for the initial survey of the current state in the companies, which will be systematically elaborated in this paper. The results of the previous methodological considerations illustrate the necessity of a mix of methods to generate a deeper insight into the work processes. Video-based retrospective interviews seem to be a suitable instrument to adequately capture the employees' interpretative perspectives on their work activities. In conclusion, the paper identifies specific challenges, such as creating acceptance among employees, open questions, e.g., how a transfer or generalization of the results can succeed, and hypotheses that will have to be tested in the further course of the research process.
Tone and intonation in Akan
(2017)
This chapter provides an account of the intonation patterns in Akan (Kwa, Niger-Congo). Tonal processes such as downstep, tonal spreading and tonal replacement influence the surface tone pattern of a sentence. In general, any Akan utterance independent of sentence type shows a characteristic down-trend in pitch. This chapter proposes that Akan employs a simple post-lexical tonal grammar that accounts for the shapes of an intonation contour. The unmarked post-lexical structure is found in simple declaratives. The downward trend of an intonation contour is shaped by local tonal interactions (downstep), and sentence-final tonal neutralization. In polar questions, an iota-phrase-final low boundary tone (L%) accounts for the intensity increase and lengthening of the final vowel compared to a declarative. Complex declaratives and left-dislocations show a partial pitch reset at the left edge of an embedded iota-phrase. Underlying lexical tones are not affected by intonation with the exception of sentence-final H-tones.
This chapter addresses the role of evaluation of and in public administration. We focus on two analytical key dimensions: a) the provider of the evaluation and b) the subject of the evaluation. Four major types of evaluation are distinguished: (1) external institutional evaluation, (2) internal institutional evaluation, (3) external evaluation of administrative action/results, (4) internal evaluation of administrative action/results. Type 1 and 2 refer to evaluation of administrative structures and processes as the subject of administrative reform. Type 3 and 4 represent different versions of evaluation in public administration, because the subject is administrative action and its outputs. The chapter highlights salient approaches and organizational settings of evaluation and provides insights into the institutionalization of an evaluation function in public administration. Finally, the chapter draws lessons regarding strengths and potentials but also remaining weaknesses and challenges of evaluation of and in public administration.
Comparative methods B
(2020)
This chapter outlines the relevance and value of comparative approaches and methods in studying Public Administration (PA). It discusses the roots and current developments of comparative research in PA and discusses various methodological venues for cross-country comparisons, such as most similar/dissimilar systems designs, the method of concomitant variation and the difference-in-difference method. Besides the description of these approaches, we highlight their conceptual value for theory-driven empirical comparative research. Drawing on selected pieces of comparative research, the chapter furthermore provides examples for the application of comparative methods in practice presenting empirical findings and highlighting strengths and weaknesses. The chapter finally emphasizes that the methodological development in comparative PA research has by far not yet reached its end, and that some future challenges need to be addressed, such as the issues of causality, generalizability, and mixed-methods approaches.
The study of subnational and local government systems and reforms has become an increasingly salient topic in comparative public administration. In many European countries, policy implementation, the execution of public tasks and the delivery of services to citizens are largely carried out by local governments, which, at the same time, have been subjected to multiple reforms and sometimes comprehensive institutional re-organizations. This chapter discusses analytical key concepts and outcomes of the comparative study of local governments and local government reforms. It outlines frameworks and analytical tools to capture the variety of institutional settings and developments at the local level of government. It provides an introduction into crucial comparative dimensions, such as functional, territorial and political profiles of local governments, and analyses current reform approaches and outcomes based on recent empirical findings. Finally, the chapter addresses salient issues to be taken up in future comparative studies about local government.
Conclusion : Tensions, Challenges, and Future "Flags" of Local Public Sector Reforms and Comparative
(2016)
This chapter analyses managerial reforms at the subnational level of government from a comparative perspective and outlines possible routes for future comparative research. It examines reforms of the external relationships between local governments and private service providers, which were aimed at transforming the organizational macro-setting of local service provision, the task portfolio and functional profile of local governments. The chapter then moves to scrutinizing internal managerial reforms concerned with the modernization of organization and processes and the improvement of management capacities inside local administrations meant to strengthen performance, output- and consumer-orientation in local service delivery. The country sample includes the United Kingdom (England), Sweden, and Germany that represent three distinct types of administrative culture and local government in Europe.
Over the past decades, the traditional profile of the German administrative system has significantly been reshaped and remoulded through reforms and transformations. Manifold modernization efforts have been undertaken to adjust administrative structures and procedures to increasing challenges and pressures. In this chapter, the attempt is made to outline major institutional reform paths in Germany from Weberian bureaucracy to most recent reforms towards a digital transformation of public administration. We will show to what extent the German administrative system has moved away from the classical Weberian bureaucracy to a hybrid system where elements of the ‘old’ model and new reform paradigms such as the NPM and digital government are hybridized, labelled the Neo Weberian State. The question will be addressed as to what extent this shift has taken shape and which hurdles and path-dependencies can be identified to explain partial persistence and continuity over time.
Local Government in Germany
(2016)
According to Plessner, both adaptation and selection can be conceived not just as requested by the environment but also as actively proceeding from the organism. In this respect, Plessner finds in Uexküll’s new biology a powerful counterweight to the constraints of Darwinism. However, despite all the points in common in their respective understanding of the problem, Plessner reproaches to Uexküll to have entirely missed the intermediate layer of the lived body [Leib] between the organism and its environment. Unlike Uexküll, concerning the more developed animals, Plessner took up elements of animal psychology from Wolfgang Köhler and Frederik Jacobus Johannes Buytendijk. Finally, Plessner finds insufficiencies also in Uexküll’s distinction between the notion of world and the notion of environment, which would lead to the parallel positing of different environments. In reaction to Uexküll’s leveling of all environments, Plessner drafted a philosophical-anthropological spectrum between the intelligent way of living observed in the great apes, whose intelligence had been demonstrated, and the co-wordly life of the symbolic mind as seen in the personal sphere of human life.
Does personality matter? Is an individual who is open to experience more or less likely to become an entrepreneur? Is it better to score low or high in agreeableness for surviving as an entrepreneur? To the extent that personality captures one part of entrepreneurial abilities, which are usually unobservable, the analysis of traits and personality characteristics helps better understanding such abilities. This chapter reviews research on the relationship between personality and entrepreneurship since 2000 and shows that possessing certain personality characteristics will make it more likely that an individual will start an own business and hire staff. More specifically, with respect to the entry decision, research finds that nearly all so-called Big Five factors as well as several specific personality characteristics influence the entry probability into entrepreneurship. Further, entrepreneurs are more likely to hire, the higher they score in risk tolerance, trust, openness to experience, and conscientiousness. However, different factors such as low scores in agreeableness, the only Big Factor that does not affect entrepreneurial entry, influence entrepreneurial survival. And for some of characteristics that influence entrepreneurial entry, like high scores in the factor openness for experience or in risk tolerance, “revolving door effects” are found, explaining why some entrepreneurs subsequently exit again the market.
Conclusion
(2023)
Based on the previous findings in this book, Chapter 18 by Heike Krieger and Andrea Liese discusses the general dynamics of change or metamorphosis in the international legal order. They discern a mixed picture of an international order between metamorphosis—that is, a more fundamental transformation—of international law, norm change, turbulences, and robustness. They explain drivers of change and highlight factors such as national interests during the war on terror, changing long-term foreign policy beliefs, and the rise in populism and autocracy, before discussing the most common strategies the actors involved use. Other relevant factors include changes in the political environment, such as shocks and power shifts or the ambiguous role of fragmentation. Moreover, they identify factors that make legal norms robust, including the vital role of norm defenders and legal and institutional structures as stabilizing elements. Krieger and Liese conclude by cautioning that if the attacks on the international order continue at the current frequency and magnitude, a metamorphosis of international law will likely be unstoppable.
Introduction
(2023)
Can a metamorphosis of international law be identified while it is still underway? In Chapter 1, the Introduction, Krieger and Liese set the stage for the interdisciplinary assessment of the effects of the current crisis of the international legal order. They offer fundamental common values as a reference point and yardstick to systematically evaluate and analyse normative changes in international law. After explaining the benefits of interdisciplinary exchange and clarifying the basic concepts from the respective disciplinary perspectives, they develop the book’s conceptual framework for assessing and explaining value change in the international legal order. The Introduction also elaborates on the book’s research design and case selection and summarizes the aims and key contributions of each conceptual and empirical chapter.
Buber vs. Weber
(2020)
Tanakh, Mishnah and Talmud
(2022)
Institutions are facing the challenge to integrate legacy systems with steadily growing new ones, using different technologies and interaction patterns. With the demand of offering the best potential of all systems, several not matching systems including their functions have to be aggregated and offered in a useable way. This paper presents an adaptive, generalizable and self-organized Personal Learning Environment (PLE) framework with the potential to integrate several heterogeneous services using a service-oriented architecture. First, a general overview over the field is given, followed by the description of the core components of the PLE framework. A prototypical implementation is presented. Finally, it’s shown how the PLE framework can be dynamically adapted to a changing system environment, reflecting experiences from first user studies.
The ongoing digitalization leads to a need of continuous change of ICT (Information and Communi-cation Technology) in all university domains and therefore affects all stakeholders in this arena. More and more ICT components, systems and tools occur and have to be integrated into the existing processes and infrastructure of the institutions. These tasks include the transfer of resources and information across multiple ICT systems. By using so-called virtual environments for domains of re-search, education, learning and work, the performance of daily tasks can be aided. Based on a user requirement analysis different short- and long-term objectives were identified and are tackled now in the context of a federal research project. In order to be prepared for the ongoing digitalization, new systems have to be provided. Both, a service-oriented infrastructure and a related web-based virtual learning environment constitute the platform Campus.UP and creates the necessary basis to be ready for future challenges. The current focus lies on e-portfolio work, hence we will present a related focus group evaluation. The results indicate a tremendous need to extend the possibilities of sharing resources across system boundaries, in order to enable a comfortable participation of exter-nal cooperating parties and to clarify the focus of each connected system. The introduction of such an infrastructure implies far-reaching changes for traditional data centers. Therefore, the challenges and risks of faculty conducting innovation projects for the ICT organization are taken as a starting point to stimulate a discussion, how data centers can utilize projects to be ready for the future needs. We are confident that Campus.UP will provide the basis for ensuring the persistent transfer of innovation to the ICT organization and thus will contribute to tackle the future challenges of digitalization.