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Article 33, para. 2
(2011)
Article 1 F
(2011)
State sucession in treaties
(2012)
Continuity of states
(2012)
In 2009, 'Palestine' lodged a declaration recognizing the jurisdiction of the ICC under Article 12(3). However, in April 2012, the OTP determined that this declaration had not brought about the result, of providing for the ICC's jurisdiction, pending clarification from the political organs of the UN concerning the legal status of Palestine within the organization. On 29 November 2012, the General Assembly granted Palestine the status of a non-member observer state within the UN framework, thereby fulfilling the condition mentioned by the OTP in April 2012. It is against this background that the article considers the current legal effects of the 2009 Palestinian declaration. In particular, it addresses the issue of whether the declaration, when read in conjunction with the 29 November 2012 decision, possesses retroactive effect, i.e. whether it provides, as claimed, for the Court's temporal jurisdiction from 1 July 2002 onwards or rather starting only from 29 November 2012.
... the current status granted to Palestine by the United Nations General Assembly is that of 'observer', not as a 'Non-member State'. ... [T]his... informs the current legal status of Palestine for the interpretation and application of article 12 [Rome Statute]. ... The Office could in the future consider allegations of crimes committed in Palestine, should competent organs of the United Nations... resolve the legal issue relevant to an assessment of article 12. ... International Criminal Court, Office of the Prosecutor, 'Situation in Palestine', 3 April 2012
Draft Article 15 of the International Law Commission’s project on crimes against humanity — dealing with the settlement of disputes arising from a proposed convention — attempts to strike a balance between state autonomy and robust judicial supervision. It largely follows Article 22 of the Convention on the Elimination of All Forms of Racial Discrimination, which renders the jurisdiction of the International Court of Justice (ICJ) conditional upon prior negotiations. Hence, the substance of the clause can be interpreted in light of the recent case law of the ICJ, especially in the case Georgia v. Russia. In addition, this contribution discusses several issues regarding the scope ratione temporis of the compromissory clause. It advances several proposals to improve the current draft, addressing its relationship with state responsibility — an explicit reference to which is currently missing — as well as the relationship between the ICJ and a possible treaty body. It also proposes to recalibrate the interplay of the requirement of prior negotiations with, respectively, the possibility of seizing a future treaty body and the indication of provisional measures by the ICJ.
Article 22
(2011)
Legal shades of grey?
(2021)
As part of the current process of de-formalization in international law, States increasingly chose informal, non-legally binding agreements or 'Memoranda of Understanding' ('MOUs') to organize their international affairs. The increasing conclusion of such legally non-binding instruments in addition to their flexibility, however, also leads to uncertainties in international relations. Against this background, this article deals with possible indirect legal consequences produced by MOUs. It discusses the different legal mechanisms and avenues that may give rise to such secondary legal effects of MOUs through a process of interaction with, and interpretation in line with, other (formal) sources of international law. The article further considers various strategies how to avoid such eventual possible unintended or unexpected indirect legal effects of MOUs when drafting such instruments and when dealing with them subsequent to their respective 'adoption'.
As part of the current overall process of de-formalization in international law States increasingly chose informal, non-legally binding agreements or ‘Memoranda of Understanding’ (‘MOUs') to organize their international affairs. The increasing conclusion of such legally non-binding instruments in addition to their flexibility, however, also leads to uncertainties in international relations. Against this background, this article deals with possible indirect legal consequences produced by MOUs. It discusses the different legal mechanisms and avenues that may give rise to secondary legal effects of MOUs through a process of interaction with and interpretation in line with other (formal) sources of international law. The article further considers various strategies how to avoid such eventual possible unintended or unexpected indirect legal effects of MOUs when drafting such instruments and when dealing with them subsequent to their respective ‘adoption’.
This paper consists of two parts: In the first part, some of the challenges with which the Internationaal Criminal Court is currently confronted are being presented. First of all, the article will describe the current state of the International Criminal Court and the Rome Statue. Afterwards, the article analyses the Court’s efforts to deal with cases against third-country nationals and the challenges it is facing in that regard. In addition, the Court’s case law will be analyzed in order to determine an increasing ‘emancipation’ of the case law of the International Criminal Court from international humanitarian law. The second part of the paper will briefly discuss the role of domestic international criminal law and domestic courts in the further development and enforcement of international criminal law. As an example of the role that domestic courts may have in clarifying classic issues in international law, the judgment of the German Supreme Court of January 28, 2021 (3 StR 564/19), which deals with the status of costumary international law on functional immunity of State officials before domestic courts, shall be assessed.
Changes in rainfall interception along a secondary forest succession gradient in lowland Panama
(2013)
Secondary forests are rapidly expanding in tropical regions. Yet, despite the importance of understanding the hydrological consequences of land-cover dynamics, the relationship between forest succession and canopy interception is poorly understood. This lack of knowledge is unfortunate because rainfall interception plays an important role in regional water cycles and needs to be quantified for many modeling purposes. To help close this knowledge gap, we designed a throughfall monitoring study along a secondary succession gradient in a tropical forest region of Panama. The investigated gradient comprised 20 forest patches 3 to 130 yr old. We sampled each patch with a minimum of 20 funnel-type throughfall collectors over a continuous 2month period that had nearly 900 mm of rain. During the same period, we acquired forest inventory data and derived several forest structural attributes. We then applied simple and multiple regression models (Bayesian model averaging, BMA) and identified those vegetation parameters that had the strongest influence on the variation of canopy interception. Our analyses yielded three main findings. First, canopy interception changed rapidly during forest succession. After only a decade, throughfall volumes approached levels that are typical for mature forests. Second, a parsimonious (simple linear regression) model based on the ratio of the basal area of small stems to the total basal area outperformed more complex multivariate models (BMA approach). Third, based on complementary forest inventory data, we show that the influence of young secondary forests on interception in realworld fragmented landscapes might be detectable only in regions with a substantial fraction of young forests. Our re-sults suggest that where entire catchments undergo forest regrowth, initial stages of succession may be associated with a substantial decrease of streamflow generation. Our results further highlight the need to study hydrological processes in all forest succession stages, including early ones.
Changes in soil hydraulic properties following ecosystem disturbances can become relevant for regional water cycles depending on the prevailing rainfall regime. In a tropical montane rainforest ecosystem in southern Ecuador, plot- scale investigations revealed that man-made disturbances were accompanied by a decrease in mean saturated hydraulic conductivity (Ks), whereas mean Ks of two different aged landslides was undistinguishable from the reference forest. Ks spatial structure weakened after disturbances in the topsoil. We used this spatial-temporal information combined with local rain intensities to assess the probability of impermeable soil layers under undisturbed, disturbed, and regenerating land-cover types. We furthermore compared the Ecuadorian man-made disturbance cycle with a similar land-use sequence in a tropical lowland rainforest region in Brazil. The studied montane rainforest is characterized by prevailing vertical flowpaths in the topsoil, whereas larger rainstorms in the study area potentially result in impermeable layers below 20 cm depth. In spite of the low frequency of such higher-intensity events, they transport a high portion of the annual runoff and may therefore significant for the regional water cycle. Hydrological flowpaths under two studied landslides are similar to the natural forest except for a somewhat higher probability of impermeable layer formation in the topsoil of the 2-year-old landslide. In contrast, human disturbances likely affect near-surface hydrology. Under a pasture and a young fallow, impermeable layers potentially develop already in the topsoil for larger rain events. A 10-year-old fallow indicates regeneration towards the original vertical flowpaths, though the land-use signal was still detectable. The consequences of land-cover change on near-surface hydrological behaviour are of similar magnitude in the tropical montane and the lowland rainforest region. This similarity can be explained by a more pronounced drop of soil permeability after pasture establishment in the montane rainforest region in spite of the prevailing much lower rain intensities.
The influence of land-use changes on soil hydraulic properties : implications for runoff generation
(2006)
In the humid tropics, continuing high deforestation rates are seen alongside an increasing expansion of secondary forests. In order to understand and model the consequences of these dynamic land-use changes for regional water cycles, the response of soil hydraulic properties to forest disturbance and recovery has to be quantified.At a site in the Brazilian Amazonia, we annually monitored soil infiltrability and saturated hydraulic conductivity (K-s) at 12.5, 20 cm, and 50 cm soil depth after manual forest conversion to pasture (year zero to four after pasture establishment), and during secondary succession after pasture abandonment (year zero to seven after pasture abandonment). We evaluated the hydrological consequences of the detected changes by comparing the soil hydraulic properties with site-specific rainfall intensities and hydrometric observations. Within one year after grazing started, infiltrability and K-s at 12.5 and 20 cm depth decreased by up to one order of magnitude to levels which are typical for 20-year-old pasture. In the three subsequent monitoring years, infiltrability and K-s remained stable. Land use did not impact on subsoil permeability. Whereas infiltrability values are large enough to allow all rainwater to infiltrate even after the conversion, the sudden decline of near-surface K-s is of hydrological relevance as perched water tables and overland flow occur more often on pastures than in forests at our study site. After pasture abandonment and during secondary succession, seven years of recovery did not suffice to significantly increase infiltrability and K-s at 12.5 depth although a slight recovery is obvious. At 20 cm soil depth, we detected a positive linear increase within the seven-year time frame but annual means did not differ significantly. Although more than a doubling of infiltrability and K-s is still required to achieve pre-disturbance levels, which will presumably take more than a decade, the observed slight increases of K-s might already decrease the probability of perched water table generation and overland flow development well before complete recovery.
What is the most appropriate sampling scheme to estimate event-based average throughfall? A satisfactory answer to this seemingly simple question has yet to be found, a failure which we attribute to previous efforts' dependence on empirical studies. Here we try to answer this question by simulating stochastic throughfall fields based on parameters for statistical models of large monitoring data sets. We subsequently sampled these fields with different sampling designs and variable sample supports. We evaluated the performance of a particular sampling scheme with respect to the uncertainty of possible estimated means of throughfall volumes. Even for a relative error limit of 20%, an impractically large number of small, funnel-type collectors would be required to estimate mean throughfall, particularly for small events. While stratification of the target area is not superior to simple random sampling, cluster random sampling involves the risk of being less efficient. A larger sample support, e.g., the use of trough-type collectors, considerably reduces the necessary sample sizes and eliminates the sensitivity of the mean to outliers. Since the gain in time associated with the manual handling of troughs versus funnels depends on the local precipitation regime, the employment of automatically recording clusters of long troughs emerges as the most promising sampling scheme. Even so, a relative error of less than 5% appears out of reach for throughfall under heterogeneous canopies. We therefore suspect a considerable uncertainty of input parameters for interception models derived from measured throughfall, in particular, for those requiring data of small throughfall events.
Soils in various places of the Panama Canal Watershed feature a low saturated hydraulic conductivity (K-s) at shallow depth, which promotes overland-flow generation and associated flashy catchment responses. In undisturbed forests of these areas, overland flow is concentrated in flow lines that extend the channel network and provide hydrological connectivity between hillslopes and streams. To understand the dynamics of overland-flow connectivity, as well as the impact of connectivity on catchment response, we studied an undisturbed headwater catchment by monitoring overland-flow occurrence in all flow lines and discharge, suspended sediment, and total phosphorus at the catchment outlet. We find that connectivity is strongly influenced by seasonal variation in antecedent wetness and can develop even under light rainfall conditions. Connectivity increased rapidly as rainfall frequency increased, eventually leading to full connectivity and surficial drainage of entire hillslopes. Connectivity was nonlinearly related to catchment response. However, additional information on factors such as overland-flow volume would be required to constrain relationships between connectivity, stormflow, and the export of suspended sediment and phosphorus. The effort to monitor those factors would be substantial, so we advocate applying the established links between rain event characteristics, drainage network expansion by flow lines, and catchment response for predictive modeling and catchment classification in forests of the Panama Canal Watershed and in similar regions elsewhere.
Larix populations at the tundra-taiga ecotone in northern Siberia are highly under-represented in population genetic studies, possibly due to the remoteness of these regions that can only be accessed at extraordinary expense. The genetic signatures of populations in these boundary regions are therefore largely unknown. We aim to generate organelle reference genomes for the detection of single nucleotide polymorphisms (SNPs) that can be used for paleogenetic studies. We present 19 complete chloroplast genomes and mitochondrial genomic sequences of larches from the southern lowlands of the Taymyr Peninsula (northernmost range of Larix gmelinii (Rupr.) Kuzen.), the lower Omoloy River, and the lower Kolyma River (both in the range of Larix cajanderi Mayr). The genomic data reveal 84 chloroplast SNPs and 213 putatively mitochondrial SNPs. Parsimony-based chloroplast haplotype networks show no spatial structure of individuals from different geographic origins, while the mitochondrial haplotype network shows at least a slight spatial structure with haplotypes from the Omoloy and Kolyma populations being more closely related to each other than to most of the haplotypes from the Taymyr populations. Whole genome alignments with publicly available complete chloroplast genomes of different Larix species show that among official plant barcodes only the rcbL gene contains sufficient polymorphisms, but has to be sequenced completely to distinguish the different provenances. We provide 8 novel mitochondrial SNPs that are putatively diagnostic for the separation of L. gmelinii and L. cajanderi, while 4 chloroplast SNPs have the potential to distinguish the L. gmelinii/ L. cajanderi group from other Larix species. Our organelle references can be used for a targeted primer and probe design allowing the generation of short amplicons. This is particularly important with regard to future investigations of, for example, the biogeographic history of Larix by screening ancient sedimentary DNA of Larix.
Ecosystem boundaries, such as the Arctic-Boreal treeline, are strongly coupled with climate and were spatially highly dynamic during past glacial-interglacial cycles. Only a few studies cover vegetation changes since the last interglacial, as most of the former landscapes are inundated and difficult to access. Using pollen analysis and sedimentary ancient DNA (sedaDNA) metabarcoding, we reveal vegetation changes on Bol’shoy Lyakhovsky Island since the last interglacial from permafrost sediments. Last interglacial samples depict high levels of floral diversity with the presence of trees (Larix, Picea, Populus) and shrubs (Alnus, Betula, Ribes, Cornus, Saliceae) on the currently treeless island. After the Last Glacial Maximum, Larix re-colonised the island but disappeared along with most shrub taxa. This was probably caused by Holocene sea-level rise, which led to increased oceanic conditions on the island. Additionally, we applied two newly developed larch-specific chloroplast markers to evaluate their potential for tracking past population dynamics from environmental samples. The novel markers were successfully re-sequenced and exhibited two variants of each marker in last interglacial samples. SedaDNA can track vegetation changes as well as genetic changes across geographic space through time and can improve our understanding of past processes that shape modern patterns.
Organic matter deposited in ancient, ice-rich permafrost sediments is vulnerable to climate change and may contribute to the future release of greenhouse gases; it is thus important to get a better characterization of the plant organic matter within such sediments. From a Late Quaternary permafrost sediment core from the Buor Khaya Peninsula, we analysed plant-derived sedimentary ancient DNA (sedaDNA) to identify the taxonomic composition of plant organic matter, and undertook palynological analysis to assess the environmental conditions during deposition. Using sedaDNA, we identified 154 taxa and from pollen and non-pollen palynomorphs we identified 83 taxa. In the deposits dated between 54 and 51 kyr BP, sedaDNA records a diverse low-centred polygon plant community including recurring aquatic pond vegetation while from the pollen record we infer terrestrial open-land vegetation with relatively dry environmental conditions at a regional scale. A fluctuating dominance of either terrestrial or swamp and aquatic taxa in both proxies allowed the local hydrological development of the polygon to be traced. In deposits dated between 11.4 and 9.7 kyr BP (13.4-11.1 cal kyr BP), sedaDNA shows a taxonomic turnover to moist shrub tundra and a lower taxonomic richness compared to the older samples. Pollen also records a shrub tundra community, mostly seen as changes in relative proportions of the most dominant taxa, while a decrease in taxonomic richness was less pronounced compared to sedaDNA. Our results show the advantages of using sedaDNA in combination with palynological analyses when macrofossils are rarely preserved. The high resolution of the sedaDNA record provides a detailed picture of the taxonomic composition of plant-derived organic matter throughout the core, and palynological analyses prove valuable by allowing for inferences of regional environmental conditions.
The Fram Strait is an area with a relatively low and irregular distribution of diatom microfossils in surface sediments, and thus microfossil records are scarce, rarely exceed the Holocene, and contain sparse information about past richness and taxonomic composition. These attributes make the Fram Strait an ideal study site to test the utility of sedimentary ancient DNA (sedaDNA) metabarcoding. Amplifying a short, partial rbcL marker from samples of sediment core MSM05/5-712-2 resulted in 95.7% of our sequences being assigned to diatoms across 18 different families, with 38.6% of them being resolved to species and 25.8% to genus level. Independent replicates show a high similarity of PCR products, especially in the oldest samples. Diatom sedaDNA richness is highest in the Late Weichselian and lowest in Mid- and Late Holocene samples. Taxonomic composition is dominated by cold-water and sea-ice-associated diatoms and suggests several reorganisations - after the Last Glacial Maximum, after the Younger Dryas, and after the Early and after the Mid-Holocene. Different sequences assigned to, amongst others, Chaetoceros socialis indicate the detectability of intra-specific diversity using sedaDNA. We detect no clear pattern between our diatom sedaDNA record and the previously published IP25 record of this core, although proportions of pennate diatoms increase with higher IP25 concentrations and proportions of Nitzschia cf. frigida exceeding 2% of the assemblage point towards past sea-ice presence.
The Fram Strait is an area with a relatively low and irregular distribution of diatom microfossils in surface sediments, and thus microfossil records are scarce, rarely exceed the Holocene, and contain sparse information about past richness and taxonomic composition. These attributes make the Fram Strait an ideal study site to test the utility of sedimentary ancient DNA (sedaDNA) metabarcoding. Amplifying a short, partial rbcL marker from samples of sediment core MSM05/5-712-2 resulted in 95.7 % of our sequences being assigned to diatoms across 18 different families, with 38.6 % of them being resolved to species and 25.8 % to genus level. Independent replicates show a high similarity of PCR products, especially in the oldest samples. Diatom sedaDNA richness is highest in the Late Weichselian and lowest in Mid- and Late Holocene samples. Taxonomic composition is dominated by cold-water and sea-ice-associated diatoms and suggests several reorganisations – after the Last Glacial Maximum, after the Younger Dryas, and after the Early and after the Mid-Holocene. Different sequences assigned to, amongst others, Chaetoceros socialis indicate the detectability of intra-specific diversity using sedaDNA. We detect no clear pattern between our diatom sedaDNA record and the previously published IP25 record of this core, although proportions of pennate diatoms increase with higher IP25 concentrations and proportions of Nitzschia cf. frigida exceeding 2 % of the assemblage point towards past sea-ice presence.
We traced diatom composition and diversity through time using diatom-derived sedimentary ancient DNA (sedaDNA) from eastern continental slope sediments off Kamchatka (North Pacific) by applying a short, diatom-specific marker on 63 samples in a DNA metabarcoding approach. The sequences were assigned to diatoms that are common in the area and characteristic of cold water. SedaDNA allowed us to observe shifts of potential lineages from species of the genus Chaetoceros that can be related to different climatic phases, suggesting that pre-adapted ecotypes might have played a role in the long-term success of species in areas of changing environmental conditions. These sedaDNA results complement our understanding of the long-term history of diatom assemblages and their general relationship to environmental conditions of the past. Sea-ice diatoms (Pauliella taeniata [Grunow] Round & Basson, Attheya septentrionalis [ostrup] R. M. Crawford and Nitzschia frigida [Grunow]) detected during the late glacial and Younger Dryas are in agreement with previous sea-ice reconstructions. A positive correlation between pennate diatom richness and the sea-ice proxy IP25 suggests that sea ice fosters pennate diatom richness, whereas a negative correlation with June insolation and temperature points to unfavorable conditions during the Holocene. A sharp increase in proportions of freshwater diatoms at similar to 11.1 cal kyr BP implies the influence of terrestrial runoff and coincides with the loss of 42% of diatom sequence variants. We assume that reduced salinity at this time stabilized vertical stratification which limited the replenishment of nutrients in the euphotic zone.
Wird Schon Stimmen!
(2018)
The article puts forward a novel analysis of the German modal particle schon as a modal degree operator over propositional content. The proposed analysis offers a uniform perspective on the semantics of modal schon and its aspectual counterpart meaning ‘already’: Both particles are analyzed as denoting a degree operator, expressing a scale-based comparison over relevant alternatives. The alternatives are determined by focus in the case of aspectual schon (Krifka 2000), but are restricted to the polar alternatives p and ¬p in the case of modal schon. Semantically, modal schon introduces a presupposition to the effect that the circumstantial conversational background contains more factual evidence in favor of p than in favor of ¬p, thereby making modal schon the not at-issue counterpart of the overt comparative form eher ‘rather’ (Herburger & Rubinstein 2014). The analysis incorporates basic insights from earlier analyses of modal schon in a novel way, and it also offers new insights as to the underlying workings of modality in natural language as involving propositions rather than possible worlds (Kratzer 1977, 2012).
Contrastive focus
(2007)
The article puts forward a discourse-pragmatic approach to the notoriously evasive phenomena of contrastivity and emphasis. It is argued that occurrences of focus that are treated in terms of ‘contrastive focus’, ‘kontrast’ (Vallduví & Vilkuna 1998) or ‘identificational focus’ (É. Kiss 1998) in the literature should not be analyzed in familiar semantic terms like introduction of alternatives or exhaustivity. Rather, an adequate analysis must take into account discourse-pragmatic notions like hearer expectation or discourse expectability of the focused content in a given discourse situation. The less expected a given content is judged to be for the hearer, relative to the Common Ground, the more likely a speaker is to mark this content by means of special grammatical devices, giving rise to emphasis.
On the functional architecture of DP and the feature content of pronominal quantifiers in Low German
(2011)
The article investigates the functional architecture of complex pronominal quantifying expressions (PQEs) in Low German, such as jeder-een 'everyone' and keen-een 'no-one', which provide overt evidence for a Num-projection, situated between the NP- and DP-layer. The feature specification of Num as [+lattice] or [-lattice] is responsible for whether the DP denotes into the domain of atomic or mass/plural entities, respectively. In the case of complex PQEs, the syntactic Num-head hosts the overt element een 'a, one', which carries a [-lattice] feature, thus ensuring that the PQE ranges exclusively over the domain of atomic entities, but not mass or plural entities. The Num-head een differs from its simplex counterpart wat 'something', which is analyzed as an NP-proform with an underspecified [lattice]-feature. As a result, wat can range over atomic and mass domains alike. In the final part of the article, it is argued that wat is also underspecified for the operator feature [rel/wh], for which reason it can also function as an interrogative expression (what) and as a relative pronoun (which), respectively, depending on the syntactic context. Throughout the article, the Low German data are compared with relevant data from other German dialects and Germanic and Romance languages, pointing out similarities and differences in the syntactic structure and feature content of PQEs across these languages and dialects.
The grammatical expression of focus in West Chadic variation and uniformity in and across languages
(2011)
The article provides an overview of the grammatical realization of focus in four West Chadic languages (Chadic, Afro-Asiatic). The languages discussed exhibit an intriguing crosslinguistic variation in the realization of focus, both among themselves as well as compared to European intonation languages. They also display language-internal variation in the formal realization of focus. The West Chadic languages differ widely in their ways of expressing focus, which range from syntactic over prosodic to morphological devices. In contrast to European intonation languages, the focus marking systems of the West Chadic languages are inconsistent in that focus is often not grammatically expressed, but these inconsistencies are shown to be systematic. Subject foci (contrastive or not) and contrastive nonsubject foci are always grammatically marked, whereas information focus on nonsubjects need not be marked as such. The absence of formal focus marking supports pragmatic theories of focus in terms of contextual resolution. The special status of focused subjects and contrastive foci is derived from the Contrastive Focus Hypothesis, which requires unexpected foci and unexpected focus contents to be marked as such, together with the assumption that canonical subjects in West Chadic receive a default interpretation as topics. Finally, I discuss certain focus ambiguities which are not attested in intonation languages, nor do they follow on standard accounts of focus marking, but which can be accounted for in terms of constraint interaction in the formal expression of focus.