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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.
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.).
Smend, Rudolf
(2021)
Singles in the city
(2021)
More people than ever are living in cities, and in these cities, more and more people are living alone. Using the example of Vienna, this paper investigates the subjective well-being of single households in the city. Previous research has identified positive and negative aspects of living alone (e.g., increased freedom vs. missing social embeddedness). We compare single households with other household types using data from the Viennese Quality of Life Survey (1995–2018). In our analysis, we consider overall life satisfaction as well as selected dimensions of subjective wellbeing (i.e., housing, financial situation, main activity, family, social contacts, leisure time). Our findings show that the subjective well-being of single households in Vienna is high and quite stable over time. While single households are found to have lower life satisfaction than two-adult households, this result is mainly explained by singles reporting lower satisfaction with family life. Compared to households with children, singles are more satisfied with their financial situation, leisure time and housing, which helps to offset the negative consequences of missing family ties (in particular with regard to single parents).
The rising standard language in Early New High German (1350–1650) provides particularly interesting cases for the question of missing heads on all levels of language structure. A well-known example are subordinate clauses lacking a finite auxiliary verb, traditionally called Afinite Constructions. Based on new data, drawn from two treebanks of Early New High German, the present paper will briefly sketch the distribution of ACs, before establishing that they are in fact a type of ellipsis and do not cluster with other non-finite clauses in German. The remainder of the paper addresses the question what kind of information is missing in ACs and how this information is retrieved. Obviously, auxiliary drop in ENHG represents a type of ellipsis rarely attested in present-day German.
While school supervision structures in the German Länder were extensively reformed during the last decades, systematic analyses of these reforms are missing. This chapter contributes to this research gap by providing an overview of the implemented reforms of school supervision structures in the German Länder. The effects of these reforms are analysed in order to answer the question of whether a convergence of school supervision systems is a result of these reforms. In a first step, a distinction is made to identify system-changing reforms. Although a decrease of the number or a concentration on one school supervision system is not a result of the analysis, it is argued that there is a convergence of school supervision structures, as a clear trend against school supervision systems with lower school supervisory boards can be observed.
Faced with the triad of time-cost-quality, the realization of knowledge-intensive tasks at economic conditions is not trivial. Since the number of knowledge-intensive processes is increasing more and more nowadays, the efficient design of knowledge transfers at business processes as well as the target-oriented improvement of them is essential, so that process outcomes satisfy high quality criteria and economic requirements. This particularly challenges knowledge management, aiming for the assignment of ideal manifestations of influence factors on knowledge transfers to a certain task. Faced with first attempts of knowledge transfer-based process improvements [1], this paper continues research about the quantitative examination of knowledge transfers and presents a ready-to-go experiment design that is able to examine quality of knowledge transfers empirically and is suitable to examine knowledge transfers on a quantitative level. Its use is proven by the example of four influence factors, which namely are stickiness, complexity, competence and time pressure.
Protecting the vulnerable
(2021)
Contemporary pressures of climate change and migration are abetting the spread of (re)emerging infectious diseases (EIDs), including HIV, Ebola and tuberculosis (TB). While the fact remains that any person can become infected, those most affected are vulnerable populations. In Eastern and Southern Africa (ESA) these include marginalized groups such as people who sell sex, LGBTI and MSM, but more widely also adolescents. Adolescents and young adults represent a particularly vulnerable group, caught as they are on the cusp between child protections and adult citizenship claims, including to health and educational provisions and protections. Without, or with incomplete claims, members of marginalized and vulnerable communities are excluded from access to provisions and protections of health as part of human security, whether out of apathy, fear or jurisdiction or through (deliberate) neglect.
The chapter proceeds through the framework of human security, which puts the security of individuals at the centre of its analysis. This stands in contrast to the 1990s securitization argument which framed HIV as a threat to state security. This chapter analyzes unique challenges of vulnerable adolescent populations as these relate to HIV prevention and treatment access. In doing so, it pays special heed to the “double vulnerability” of non-citizenship and compromised citizenship among this cohort. By invoking the human security paradigm, this chapter explores HIV interventions as they pertain to and aim to protect vulnerable populations beyond borders.
Modern browsers are digital software platforms, as they allow third parties to extend functionality by providing extensions. In a highly competitive environment, differentiation through provided functionality is a key factor for browser platforms. As the development of browsers progress, new functions are constantly being released. Browsers could thus enter complementary markets by adding functionality previously provided by third-party extensions, which is referred to as ‘platform coring’. Previous studies have missed the perspective of the parties involved. To address this gap, we conducted interviews with third-party and core developers in the security and privacy domain from Firefox and Chrome. This study provides three contributions. First, insights into stakeholder-specific issues concerning coring. Second, measures to prevent coring. Third, strategical guidance for developers and owners. Third-party vendors experienced and core developers confirmed that coring occurs on browser platforms. While developers with extrinsic motivations assess coring negatively, developers with intrinsic motivations perceive coring positively.
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.
Industry 4.0, i.e. the connection of cyber-physical systems via the Internet in production and logistics, leads to considerable changes in the socio-technical system of the factory. The effects range from a considerable need for further training, which is exacerbated by the current shortage of skilled workers, to an opening of the previously inaccessible boundaries of the factory to third-party access, an increasing merging of office IT and manufacturing IT, and a new understanding of what machines can do with their data. This results in new requirements for the modeling, analysis and design of information processing and performance mapping business processes.
In the past, procedures were developed under the name of “process-oriented knowledge management” with which the exchange and use of knowledge in business processes could be represented, analyzed and improved. However, these approaches were limited to the office environment. A method that makes it possible to document, analyze and jointly optimize the new possibilities of knowledge processing by using artificial intelligence and machine learning in production and logistics in the same way and in a manner compatible with the approach in the office environment does not exist so far. The extension of the modeling language KMDL, which is described in this paper, will contribute to close this research gap.
This paper describes first approaches for an analysis and design method for a knowledge management integrating man and machine in the age of Industry 4.0.
Since more and more business tasks are enabled by Artificial Intelligence (AI)-based techniques, the number of knowledge-intensive tasks increase as trivial tasks can be automated and non-trivial tasks demand human-machine interactions. With this, challenges regarding the management of knowledge workers and machines rise [9]. Furthermore, knowledge workers experience time pressure, which can lead to a decrease in output quality. Artificial Intelligence-based systems (AIS) have the potential to assist human workers in knowledge-intensive work. By providing a domain-specific language, contextual and situational awareness as well as their process embedding can be specified, which enables the management of human and AIS to ease knowledge transfer in a way that process time, cost and quality are improved significantly. This contribution outlines a framework to designing these systems and accounts for their implementation.
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.
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
(2021)
Kant wrote in the Critique of Pure Reason, “For the law of reason to seek unity is necessary, since without it we would have no reason, and without that, no coherent use of the understanding, and, lacking that, no sufficient mark of empirical truth.” This unity of reason, taken as a holistic condition, was central to the convictions of the idealists. To them, Kant layed bare the right path forward, but also fundamental failings in his execution of a critique of reason which needed to be overcome in order for reason to secure its own, internal end. In this chapter, I discuss key themes in the positive inheritance of Kant’s thought in classical German philosophy and offer an overview of the arguments and significances of each contribution to this volume. The aim is not to minimize important differences between Kant and post-Kantian Idealists, but rather to emphasize core retentions of Kant’s thought.
Idolatry
(2021)
I argue that Hegel’s Logic traces an emergent-purposive, logical method that entails two key identities in reason. These identities are (1) between a logic of freedom and necessity, and (2) between the possibilities of a priori and a posteriori reasoning in a purposive method. The purposive method of the Logic is the basis for these identities and, in Hegel’s view, facilitates the transition from Kant’s transcendental idealism to absolute idealism. I suggest that this method is Hegel’s attempt to rework a critique of philosophy according to Kant’s insight about the principle grounding the formal purposiveness of the faculties, what Hegel calls, “one of Kant’s greatest services to philosophy.”
Government as a platform?
(2021)
Digital platforms, by their design, allow the coordination of multiple entities to achieve a common goal. Motivated by the success of platforms in the private sector, they increasingly receive attention in the public sector. However, different understandings of the platform concept prevail. To guide the development and further research a coherent understanding is required. To address this gap, we identify the constitutive elements of platforms in the public sector. Moreover, their potential to coordinate partially autonomous entities as typical for federal organized states is highlighted.
This study contributes through a uniform understanding of public service platforms. Despite constitutive elements, the proposed framework for platforms in the public sector may guide future analysis. The analysis framework is applied to platforms of federal states in the European Union.
From laggards to leaders
(2021)
The 2015 Paris Agreement on climate change embraces the participation of non-state actors in a separate governance track – the ‘Non-state actor zone for global action’ (nazca) – that runs alongside the formal track of unfccc negotiations and the implementation of the Paris Agreement by State Parties through ‘nationally determined contributions’. unfccc Secretariat is entrusted with orchestrating non-state global and transnational initiatives, partnerships and networks. The involvement of non-state actors in the implementation of the Paris Agreement helps to address an action gap by countries that are unable or unwilling to implement ambitious ndcs.
However, the increased prominence of initiatives driven by non-state actors also increases their direct and indirect influence on processes and rules which raises a number of questions with regards to the legitimacy of action and the democratic deficit of the global climate regime. Balancing legitimacy with effectiveness requires non-state initiatives to ensure transparent and inclusive governance, and accountability towards progress against their goals and pledges.
Despite its encouragement towards private initiatives, the Paris Agreement creates surprisingly little regulatory space for non-state actors to gain hold. Neither are there measures that would link ndcs to nazca initiatives, nor are functional requirements such as transparency or reporting extended to non-state initiatives. While the Paris Agreement marks an important step towards harnessing private sector ability and ambition for climate action, more remains to be done to create a truly enabling framework for private action to strive and complement public efforts to address climate change.
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.
Shadow education has become part of mass schooling in many societies. Against the background of the continuing expansion of formal education and the persistence of educational and social inequalities, the growing influence of shadow education begs major implications for the postulated goal of equality in educational opportunities. This chapter addresses this issue both theoretically and empirically, focusing on the following question: What is the relationship between the continuous growth of SE across the world and the persistence of social inequality in educational attainment? First, existing findings on the topic are reviewed before I draw on and expand neo-institutionalist and social reproduction theories to incorporate SE, thereby identifying the universal causes for the inevitable expansion of SE and its relation to social inequality across the world. Finally, policy implications and future research directions are discussed. The results of this analysis indicate that even though there exist tremendous differences in the effects of family background on SE use in different regions and systems of education across the world, SE always feeds into the broader institutionalization of education and its role for social stratification. SE might occupy a key role in maintaining vertical and horizontal inequalities in educational attainment in schooled societies, which continue to struggle with inequity of educational opportunities and outcomes in spite of massive educational expansion at the higher education levels and more equity in educational opportunities.
This paper starts from the premise that Western states are connected to some of the harms refugees suffer from. It specifically focuses on the harm of acts of misrecognition and its relation to epistemic injustice that refugees suffer from in refugee camps, in detention centers, and during their desperate attempts to find refuge. The paper discusses the relation between hermeneutical injustice and acts of misrecognition, showing that these two phenomena are interconnected and that acts of misrecognition are particularly damaging when (a) they stretch over different contexts, leaving us without or with very few safe spaces, and (b) they dislocate us, leaving us without a community to turn to. The paper then considers the ways in which refugees experience acts of misrecognition and suffer from hermeneutical injustice, using the case of unaccompanied children at the well-known and overcrowded camp Moria in Greece, the case of unsafe detention centers in Libya, and the case of the denial to assistance on the Mediterranean and the resulting pushbacks from international waters to Libya as well as the preventable drowning of refugees in the Mediterranean to illustrate the arguments. Finally, the paper argues for specific duties toward refugees that result from the prior arguments on misrecognition and hermeneutical injustice.
Software platforms regularly introduce new features to remain competitive. While platform innovation is considered to be a critical success factor, adding certain features could hurt the ecosystem. If platform owners provide functionality that was previously provided by a contributor, the owners enter complementary product spaces. Complementary market entry frequently occurs on software platforms and is a major concern for third-party developers.
Divergent findings on the impact of complementary market entry call for the consideration of additional factors. As prior research neglected the third-party perspective, this contribution aims to address this gap. We explore the use of measures to prevent complementary market entry using a survey approach on browser platforms. The research model is tested with 655 responses among developer from Mozilla Firefox and Google Chrome. To explain countermeasures employment, developer’s attitude and perceived likelihood are important. The results reveal that developers employ countermeasures if complementary market entry is assessed negatively and perceived as likely for their extension. Differences among browser platforms concerning complementary market entry are identified. Product spaces of extensions being available on multiple platforms are less likely to be entered and more heavily protected. Implications for research and stakeholders, i.e. platform owners and contributors are discussed.
Effectiveness
(2021)
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.
Since more and more production tasks are enabled by Industry 4.0 techniques, the number of knowledge-intensive production tasks increases as trivial tasks can be automated and only non-trivial tasks demand human-machine interactions. With this, challenges regarding the competence of production workers, the complexity of tasks and stickiness of required knowledge occur [1]. Furthermore, workers experience time pressure which can lead to a decrease in output quality. Cyber-Physical Systems (CPS) have the potential to assist workers in knowledge-intensive work grounded on quantitative insights about knowledge transfer activities [2]. By providing contextual and situational awareness as well as complex classification and selection algorithms, CPS are able to ease knowledge transfer in a way that production time and quality is improved significantly. CPS have only been used for direct production and process optimization, knowledge transfers have only been regarded in assistance systems with little contextual awareness. Embedding production and knowledge transfer optimization thus show potential for further improvements. This contribution outlines the requirements and a framework to design these systems. It accounts for the relevant factors.
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.