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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)
Extract: [...]Of all the print-media newspapers are the most commonly used. They are not literature in the sense of belles letters, but they should not be underestimated in their political, social and personal importance. No other printed product is as closely linked with everyday life as the newspapers. The day begins under their influence, and their contents mirror the events of the day with varying accuracy. Newspapers are strongly reader-oriented. They want to inform, but they also want to instil opinions. Specific choices of information shape the content level. Specific choices of language are resorted to in order to spread opinions and viewpoints. Language creates solidarity between the producers and the consumers of newspapers and thereby supports ideologies by specifically targeted linguistic means. Other strategies are employed for the same purpose, too. Visual aspects are of great importance, such as the typographical layout, the use of pictures, drawings, colours, fonts, etc.[...]
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.
Extract: [...]The New English Dictionary, later to become the Oxford English Dictionary, was first published between 1884 and 1928. To add new material, two supplements were issued after this, the first in 1933, and another, more extensive one between 1972 and 1986. In 1989, the Oxford English Dictionary, second edition (OED2) was published, which integrated the material from the original dictionary and the supplements into a single alphabetical sequence. However, virtually all material contained in this edition still remained in the form in which it was originally published. This is the edition most commonly used today, as it forms the basis of the Oxford English Dictionary Online and is also still being sold in print and on CD-ROM. In 1991, a new project started to revise the entire dictionary and bring its entries up to date, both in terms of English usage and in terms of associated scholarship, such as encyclopaedic information and etymologies. The scope was also widened, placing a greater emphasis on English spoken outside Britain. The revision of the dictionary began with the letter M, and the first updated entries were published online in March 2000 (OED3). Quarterly publication of further material has extended the range of revised entries as far as PROTEOSE n. (June 2007). New words from all parts of the alphabet have been published alongside the regular revision.[...]