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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.
Workplace friendships
(2023)
Workplace friendships, i.e., when work colleagues are also friends, are a widespread phenomenon in organizations which has attracted increasing research interest in recent decades. Numerous studies have investigated consequences of workplace friendships and found positive outcomes, such as increased employee job satisfaction or organizational performance, as well as negative outcomes, such as decreased knowledge-sharing between different friendship cliques. Other studies have examined what shapes workplace friendships, focusing on determinants such as personality or the spatial composition of organizations. Finally, an increasing number of studies focus on multiplex workplace friendships, where employees who are friends are also linked by a specific work-focused relationship. In this chapter, we first take stock of the literature on workplace friendships by providing an overview of their antecedents and consequences at the individual, the group, and the organizational level, and review the smaller body of research on multiplex workplace friendships. Second, we critically discuss practical implications of workplace friendships, focusing on their relevance to three current challenges for employees and organizations: the increase in virtual work, social inequalities in organizations, and the increased overlap of professional and private life. Finally, we provide recommendations for organizations on how to address these challenges and effectively manage workplace friendships.
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.
Extract: That the Celtic languages were of the Indo-European family was first recognised by Rasmus Christian Rask (*1787), a young Danish linguist, in 1818. However, the fact that he wrote in Danish meant that his discovery was not noted by the linguistic establishment until long after his untimely death in 1832. The same conclusion was arrived at independently of Rask and, apparently, of each other, by Adolphe Pictet (1836) and Franz Bopp (1837). This agreement between the foremost scholars made possible the completion of the picture of the spread of the Indo-European languages in the extreme west of the European continent. However, in the Middle Ages the speakers of Irish had no awareness of any special relationship between Irish and the other Celtic languages, and a scholar as linguistically competent as Cormac mac Cuillennáin (†908), or whoever compiled Sanas Chormaic, treated Welsh on the same basis as Greek, Latin, and the lingua northmannorum in the elucidation of the meaning and history of Irish words. [...]
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.
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?
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.