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Jeder Jurist ein Ethiker
(2018)
Seeming consensus has formed among legal scholars and practitioners that a rising China seeks changes in rules and institutions of international law. Yet, attendant accounts of how such changes may and already do restructure global legal order remain relatively underdeveloped. An observed rise in the international rule of law during immediate post-Cold War years has now been disrupted by a confluence of regional shifts in geopolitical power and contestation of law’s normative foundations by newly empowered states. In these circumstances, advocates for stability and continuity in variations of the “liberal international order” or “rules-based order” have sought to defend the authority and resilience of universally defined international legal norms against various regional challenges to the boundary between law and politics. Yet, as both global power and universal conceptions of law fragment, so too will the presumed equilibrium between international law’s political and normative foundations. Signs of fragmentation are now conspicuously playing out in East and Southeast Asia, where the relative rise of China is amplified by alternative Chinese conceptions of foundations and purposes of global legal order. This working paper introduces the concept of “geolegal power” to describe the competitive logic of a territorially bounded leading state restructuring interpretation and development of legal rules and institutions, which is emerging more explicitly within regional subsystems. Fragmentation of the international rule of law by a rising Chinese “geolegal order” is demonstrated by contested maritime rules in three key areas: freedom of navigation; third-party and judicial settlement; and, territorial claims under UNCLOS. Evidence that China is carving out an effective subsystem of rules designated as “law” in the most consequential of security and geopolitical domains poses a critical challenge to the structure of a unified and universal system of international law. Legal scholars and practitioners must better grasp reconfiguring foundations of international law in order to address rising orders of “geolegal power”, in which the regional meaning and operation of law is no longer reconcilable within the terms of an “international” rule of law.
This paper assesses, both quantitatively and qualitatively, the work of the Peace and Security Council (PSC) of the African Union (AU) with respect to peace support operations. It seeks to know whether the establishment of the PSC in 2002 is leading or has led to a rise or a decline of collective security in Africa. It is demonstrated that in regard to its relative legal and institutional robustness, the PSC can be perceived as a rise of collective security compared with its predecessor, the Central Organ of the Organisation of African Unity (OAU). However, it stagnates in terms of quantity and quality of actions on the ground. The main problem lies in the lack of sufficient operational autonomy from member states and international partners, such as the United Nations. Therefore, the PSC’s contribution to the maintenance of peace and security, and so the rise of the international rule of law in Africa is limited. The continent is still a war-torn region, affected by political crises and the expansion of terrorism in many countries. To solve this problem, AU member states should strengthen the PSC’s capacity, starting with the quick operationalisation of the African Standby Force. The implementation of the 2016 decision on alternative sources of financing AU’s institutions and activities is also a priority. In this regard, the political will of African states that may show that they want to take their organisation more seriously is required. This can further the AU self-reliance policy in collective security though the promotion of African solutions to African problems, and reduce the burden of the United Nations and other non-African actors’ interventions in the continent.
This article examines the works of Adolf Jellinek (1821–1893) on the history of mysticism and the Kabbalah, which were written during his fourteen-year residence in Leipzig. It argues that studying the Spanish Kabbalists allowed Jellinek to work through ideas concerning the development of Jewish theology and the interplay of Jewish and non-Jewish philosophical perspectives. The article briefly describes Jellinek’s early education and attraction to Leipzig; his first writings on Kabbalah; and concludes with an analysis of his larger philological and genealogical projects on the authorship and literary background of the Zohar. Though Jellinek’s later prominence as a rabbi and preacher in Vienna has had the tendency to obscure his years in Leipzig, it was Jellinek’s work in Saxony that laid the groundwork for most of his subsequent scholarship on Jewish mysticism. This article is a brief introduction to this research and one more step toward revealing the still too often forgotten Wissenschaft interest in the history of Jewish mysticism.
In der dualen IT-Ausbildung als Verbindung von beruflicher und akademischer Qualifikation werden die berufstypischen Werkzeuge, wie z. B. Laptops, ebenso in den Lehr-Lern-Prozessen der akademischen Unterrichtseinheiten eingesetzt. Im Prüfungswesen wird oft auf klassische Papierklausuren zurückgegriffen. Unterrichtseinheiten mit hohem Blended-Learning-Anteil ohne E-Prüfung werden dabei als „nicht konsistent“ wahrgenommen. In diesem Artikel wird eine empirische Studie dargelegt, die untersucht, welche Einflüsse aus der persönlichen Lernbiografie bei den Lehrenden in einer dualen IT-Ausbildung dazu führen können, die Möglichkeiten eines E-Assessments als summative Modulprüfung anzunehmen oder abzulehnen. Beispielhaft wurden in der dargelegten Studie Interviews mit Dozenten geführt und diese hinsichtlich der Verbindung zwischen Lernbiografie, Gestaltung der Didaktik der Lehr-Lern-Prozesse, Zufriedenheit und Veränderungsbereitschaft untersucht.
Matters of Interpretation
(2018)
This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: ‘Formal’ norm change is a matter of the doctrine of sources. International law can also change ‘informally’ through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.
ProfiForum
(2018)
Indian Sufism in Israel
(2018)
This paper explores Indian Sufi influences in Shye Ben Tzur’s music. Ben Tzur is a Jewish Israeli musician who composes Sufi poetry in Hebrew and plays it to qawwālī music, the traditional North Indian Sufi music. Ben Tzur’s songs are devotional and there are many Sufi references that invoke Islamic terminology. His music has been reviewed in numerous newspapers and his Jewish identity, coupled with Sufi themes, evokes questions regarding religious belonging. Even though Ben Tzur openly discusses Sufi influences, his music has remained uncontroversial. This article interprets this as a sign that the symbolic repertoire of Ben Tzur’s music evokes associations with India and not with Islam and more specifically with India as a spiritual rather than religious space. The image of India as a spiritual land manages to subsume references to Islam and render them part of the “mystical East” allowing Ben Tzur’s audience to consume Muslim themes outside Middle Eastern politics.
Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law
(2018)
The genesis of the jus cogens doctrine in international law for long has been associated with a turn to a more value-laden international law after the Second World War promoted by British rapporteurs in the International Law Commission. This paper builds on this narrative but adds two seemingly contradictory story lines. In the 1920s and 1930s German-speaking international legal scholars like Alfred Verdross developed the concept as a tool to renounce the disliked Paris Peace Treaties in the context of more and more aggressive German revision policies. Furthermore, after 1945 Soviet thinkers of the Khrushchev era used jus cogens to criticize Western economic and military integration, while newly independent states regarded the concept as a promising vehicle for distancing themselves from traditional Western international legal notions in the era of decolonization. Hence, instead of embracing a progress narrative, a dark sides-account or a contributionist reading of the history of international law, this paper highlights the multifaceted origins of the jus cogens doctrine.
Toolbox Lehrerbildung
(2018)