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Unser modernes Strafrechtsbild ist geprägt von dem Gedanken, dass das Strafrecht den Bürgern ein freies und friedliches Zusammenleben unter Gewährleistung aller verfassungsrechtlich garantierten Grundrechte sichert. Der Einsatz des Strafrechts bedarf der Legitimation und darf nicht aus moralischen Vorstellungen oder Gedanken abgeleitet werden. Strafbar kann es demnach nicht sein, wenn ein Rechtsgutsträger über ein ihm disponibles Rechtsgut frei verfügt. Oftmals stehen hierbei der strafrechtliche Lebensschutz und das Selbstbestimmungsrecht des Einzelnen in einem Spannungsverhältnis.
Die vorliegende Arbeit hat untersucht, wie sich dieses Spannungsverhältnis in der höchstrichterlichen Judikatur entwickelt hat und wie es nunmehr gelöst wird. Konkret stellt sich hierbei die Frage, wie es strafrechtlich bewertet wurde, wenn jemand einen Tötungserfolg mitverursacht hat, der zugleich auf einem freiverantwortlichen Willensentschluss des Opfers beruhte.
The increasing development of antibiotic resistance in bacteria has been a major problem for years, both in human and veterinary medicine. Prophylactic measures, such as the use of vaccines, are of great importance in reducing the use of antibiotics in livestock. These vaccines are mainly produced based on formaldehyde inactivation. However, the latter damages the recognition elements of the bacterial proteins and thus could reduce the immune response in the animal. An alternative inactivation method developed in this work is based on gentle photodynamic inactivation using carbon nanodots (CNDs) at excitation wavelengths λex > 290 nm. The photodynamic inactivation was characterized on the nonvirulent laboratory strain Escherichia coli K12 using synthesized CNDs. For a gentle inactivation, the CNDs must be absorbed into the cytoplasm of the E. coli cell. Thus, the inactivation through photoinduced formation of reactive oxygen species only takes place inside the bacterium, which means that the outer membrane is neither damaged nor altered. The loading of the CNDs into E. coli was examined using fluorescence microscopy. Complete loading of the bacterial cells could be achieved in less than 10 min. These studies revealed a reversible uptake process allowing the recovery and reuse of the CNDs after irradiation and before the administration of the vaccine. The success of photodynamic inactivation was verified by viability assays on agar. In a homemade flow photoreactor, the fastest successful irradiation of the bacteria could be carried out in 34 s. Therefore, the photodynamic inactivation based on CNDs is very effective. The membrane integrity of the bacteria after irradiation was verified by slide agglutination and atomic force microscopy. The method developed for the laboratory strain E. coli K12 could then be successfully applied to the important avian pathogens Bordetella avium and Ornithobacterium rhinotracheale to aid the development of novel vaccines.
State-of-the-art organic solar cells exhibit power conversion efficiencies of 18% and above. These devices benefit from the suppression of free charge recombination with regard to the Langevin limit of charge encounter in a homogeneous medium. It is recognized that the main cause of suppressed free charge recombination is the reformation and resplitting of charge-transfer (CT) states at the interface between donor and acceptor domains. Here, we use kinetic Monte Carlo simulations to understand the interplay between free charge motion and recombination in an energetically disordered phase-separated donor-acceptor blend. We identify conditions for encounter-dominated and resplitting-dominated recombination. In the former regime, recombination is proportional to mobility for all parameters tested and only slightly reduced with respect to the Langevin limit. In contrast, mobility is not the decisive parameter that determines the nongeminate recombination coefficient, k(2), in the latter case, where k2 is a sole function of the morphology, CT and charge-separated (CS) energetics, and CT-state decay properties. Our simulations also show that free charge encounter in the phase-separated disordered blend is determined by the average mobility of all carriers, while CT reformation and resplitting involves mostly states near the transport energy. Therefore, charge encounter is more affected by increased disorder than the resplitting of the CT state. As a consequence, for a given mobility, larger energetic disorder, in combination with a higher hopping rate, is preferred. These findings have implications for the understanding of suppressed recombination in solar cells with nonfullerene acceptors, which are known to exhibit lower energetic disorder than that of fullerenes.
In contrast to the common conception that the interfacial energy-level alignment is affixed once the interface is formed, we demonstrate that heterojunctions between organic semiconductors and metal-halide perovskites exhibit huge energy-level realignment during photoexcitation. Importantly, the photoinduced level shifts occur in the organic component, including the first molecular layer in direct contact with the perovskite. This is caused by charge-carrier accumulation within the organic semiconductor under illumination and the weak electronic coupling between the junction components.
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.
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’.
Volle Souveränität?
(2021)
Nach Art. 7 Abs. 1 S. 1 des Vertrages zur abschließenden Regelung in Bezug aufDeutschland vom 12. September 1990 (Zwei-plus-Vier-Vertrag)1beendeten die Fran-zösische Republik, die Union der Sozialistischen Sowjetrepubliken, das VereinigteKönigreich Großbritannien und Nordirland und die Vereinigten Staaten von Ameri-ka„ihre Rechte und Verantwortlichkeiten in Bezug auf Berlin und Deutschland alsGanzes“. Dies hatte, wie in dessen Art. 7 Abs. 1 S. 2 ausdrücklich niedergelegt, zurFolge, dass„die entsprechenden, damit zusammenhängenden vierseitigen Verein-barungen, Beschlüsse und Praktiken beendet und alle entsprechenden Einrichtun-gen der vier Mächte aufgelöst“wurden.2Art. 7 Abs. 2 Zwei-plus-Vier-Vertrag stelltdemgemäß fest, dass das vereinte Deutschland volle Souveränität über seine inne-ren und äußeren Angelegenheiten erhalten habe. Nach dem Wortlaut des Vertrageshaben die Alliierten damit jegliche Rechte in Bezug auf Deutschland abgegeben,rechtliche Auswirkungen der Besatzungsgeschichte Deutschlands noch bis in dieheutige Zeit scheinen danach zunächst ausgeschlossen.In dem folgenden Beitrag soll diese aus heutiger Sicht selbstverständlich er-scheinende Hypothese kritisch hinterfragt und der Frage nachgegangen werden, obund inwieweit die Besatzungsgeschichte Deutschlands noch immer rechtliche Fol-gen zeitigt. Hierbei soll insbesondere auf Fragen der Fortgeltung alliierten Rechts,Eigentumsfragen sowie auf Fragen der Nachfolge in völkerrechtlichen Verträgeneingegangen werden.
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.
As overconsumption has negative effects on ecological balance, social equality, and individual well-being, reducing consumption levels among the materially affluent is an emerging strategy for sustainable development. Today's youth form a crucial target group for intervening in unsustainable overconsumption habits and for setting the path and ideas on responsible living. This article explores young people's motivations for engaging in three behavioural patterns linked to anti-consumption (voluntary simplicity, collaborative consumption, and living within one's means) in relation to sustainability. Applying a qualitative approach, laddering interviews reveal the consequences and values behind the anti-consumption behaviours of young people of ages 14 to 24 according to a means-end chains analysis. The findings highlight potential for and the challenges involved in motivating young people to reduce material levels of consumption for the sake of sustainability. Related consumer policy tools from the fields of education and communication are identified. This article provides practical implications for policy makers, activists, and educators. Consumer policies may strengthen anti-consumption among young people by addressing individual benefits, enabling reflection on personal values, and referencing credible narratives. The presented insights can help give a voice to young consumers, who struggle to establish themselves as key players in shaping the future consumption regime.
Mechanical behaviors of granite after thermal treatment under loading and unloading conditions
(2021)
Understanding the mechanical behaviors of granite after thermal treatment under loading and unloading conditions is of utmost relevance to deep geothermal energy recovery. In the present study, a series of loading and unloading triaxial compression tests (20, 40 and 60 MPa) on granite specimens after exposure to different temperatures (20, 200, 300, 400, 500 and 600 degrees C) was carried out to quantify the combined effects of thermal treatment and loading/unloading stress conditions on granite strength and deformation. Changes in the microstructure of granite exposed to high temperatures were revealed by optical microscopy. The experimental results indicate that both, thermal treatment and loading/unloading stress conditions, degrade the mechanical behaviors and further decrease the carrying capacity of granite. The gradual degradation of the mechanical characteristics of granite after thermal treatment is mainly associated with the evolution of thermal micro-cracks based on optical microscopy observations. The unloading stress state induces the extension of tension cracks parallel to the axial direction, and thus, the mechanical properties are degraded. Temperatures above 400 degrees C have a more significant influence on the mechanical characteristics of granite than the unloading treatment, whereby 400 degrees C can be treated as a threshold temperature for the delineation of significant deterioration. This study is expected to support feasibility and risk assessments by means of providing data for analytical calculations and numerical simulations on granite exposed to high temperatures during geothermal energy extraction.
The within-site variability in site response is the randomness in site response at a given site from different earthquakes and is treated as aleatory variability in current seismic hazard/risk analyses.
In this study, we investigate the single-station variability in linear site response at K-NET and KiK-net stations in Japan using a large number of earthquake recordings.
We found that the standard deviation of the horizontal-to-vertical Fourier spectral ratio at individual sites, that is single-station horizontal-to-vertical spectral ratio (HVSR) sigma sigma(HV,s), approximates the within-site variability in site response quantified using surface-to-borehole spectral ratios (for oscillator frequencies higher than the site fundamental frequency) or empirical ground-motion models.
Based on this finding, we then utilize the single-station HVSR sigma as a convenient tool to study the site-response variability at 697 KiK-net and 1169 K-NET sites.
Our results show that at certain frequencies, stiff, rough and shallow sites, as well as small and local events tend to have a higher sigma(HV,s).
However, when being averaged over different sites, the single-station HVSR sigma, that is sigma(HV), increases gradually with decreasing frequency. In the frequency range of 0.25-25 Hz, sigma(HV) is centred at 0.23-0.43 in ln scales (a linear scale factor of 1.26-1.54) with one standard deviation of less than 0.1. sigma(HV) is quite stable across different tectonic regions, and we present a constant, as well as earthquake magnitude- and distance-dependent sigma(HV) models.
This study investigated how touching and being touched by a humanoid robot affects human physiology, impressions of the interaction, and attitudes towards humanoid robots. 21 healthy adult participants completed a 3 (touch style: touching, being touched, pointing) x 2 (body part: hand vs buttock) within-subject design using a Pepper robot. Skin conductance response (SCR) was measured during each interaction. Perceived impressions of the interaction (i.e., friendliness, comfort, arousal) were measured per questionnaire after each interaction. Participants' demographics and their attitude towards robots were also considered. We found shorter SCR rise times in the being touched compared to the touching condition, possibly reflecting psychological alertness to the unpredictability of robot-initiated contacts. The hand condition had shorter rise times than the buttock condition. Most participants evaluated the hand condition as most friendly and comfortable and the robot-initiated interactions as most arousing. Interacting with Pepper improved attitudes towards robots. Our findings require future studies with larger samples and improved procedures. They have implications for robot design in all domains involving tactile interactions, such as caring and intimacy.
Sulfated biomolecules are known to influence numerous biological processes in all living organisms. Particularly, they contribute to prevent and inhibit the hypercoagulation condition. The failure of polymeric implants and blood contacting devices is often related to hypercoagulation and microbial contamination. Here, bioactive sulfated biomacromolecules are mimicked by sulfation of poly(glycerol glycidyl ether) (polyGGE) films. Autoclaving, gamma-ray irradiation and ethylene oxide (EtO) gas sterilization techniques were applied to functionalized materials. The sulfate group density and hydrophilicity of sulfated polymers were decreased while chain mobility and thermal degradation were enhanced post autoclaving when compared to those after EtO sterilization. These results suggest that a quality control after sterilization is mandatory to ensure the amount and functionality of functionalized groups are retained.
We investigate the transition from incoherence to global collective motion in a three-dimensional swarming model of agents with helical trajectories, subject to noise and global coupling. Without noise this model was recently proposed as a generalization of the Kuramoto model and it was found that alignment of the velocities occurs discontinuously for arbitrarily small attractive coupling. Adding noise to the system resolves this singular limit and leads to a continuous transition, either to a directed collective motion or to center-of-mass rotations.
In this study, the kinetics of the adsorption of 2,3,5,6-tetrafluoro-7,7,8,8-tetracyanoquinodimethane (F(4)TCNQ) on the surface of Ag nanoparticles (Ag NPs) in chloroform has been intensively investigated, as molecular doping is known to play a crucial role in organic electronic devices. Based on the results obtained from UV-visible (vis)-near-infrared (NIR) absorption spectroscopy, cryogenic transmission electron microscopy, scanning nanobeam electron diffraction, and electron energy loss spectroscopy, a two-step interaction kinetics has been proposed for the Ag NPs and F(4)TCNQ molecules, which includes the first step of electron transfer from Ag NPs to F(4)TCNQ indicated by the ionization of F(4)TCNQ and the second step of the formation of a Ag-F(4)TCNQ complex. The whole process has been followed via UV-vis-NIR absorption spectroscopy, which reveals distinct kinetics at two stages: the instantaneous ionization and the long-term complex formation. The kinetics and the influence of the molar ratio of Ag NPs/F(4)TCNQ molecules on the interaction between Ag NPs and F(4)TCNQ molecules in an organic solution are reported herein for the first time. Furthermore, the control experiment with silica-coated Ag NPs manifests that the charge transfer at the surface between Ag NPs and F(4)TCNQ molecules is prohibited by a silica layer of 18 nm.
This thesis focuses on the synthesis of novel functional materials based on plasmonic nanoparticles. Three systems with targeted surface modification and functionalization have been designed and synthesized, involving modified perylenediimide doped silica-coated silver nanowires, polydopamine or TiO2 coated gold-palladium nanorods and thiolated poly(ethylene glycol) (PEG-SH)/dodecanethiol (DDT) modified silver nanospheres. Their possible applications as plasmonic resonators, chiral sensors as well as photo-catalysts have been studied. In addition, the interaction between silver nanospheres and 2,3,5,6-Tetrafluoro-7,7,8,8-tetracyanoquinodimethane (F4TCNQ) molecules has also been investigated in detail.
In the first part of the thesis, surface modification on Ag nanowires (NWs) with optimized silica coating through a modified Stöber method has been firstly conducted, employing sodium hydroxide (NaOH) to replace ammonia solution (NH4OH). The coated silver nanowires with a smooth silica shell have been investigated by single-particle dark-field scattering spectroscopy, transmission electron microscopy and electron-energy loss spectroscopy to characterize the morphologies and structural components. The silica-coated silver nanowires can be further functionalized with fluorescent molecules in the silica shell via a facile one-step coating method. The as-synthesized nanowire is further coupled with a gold nanosphere by spin-coating for the application of the sub-diffractional chiral sensor for the first time. The exciton-plasmon-photon interconversion in the system eases the signal detection in the perfectly matched 1D nanostructure and contributes to the high contrast of the subwavelength chiral sensing for the polarized light.
In the second part of the thesis, dumbbell-shaped Au-Pd nanorods coated with a layer of polydopamine (PDA) or titanium dioxide (TiO2) have been constructed. The PDA- and TiO2- coated Au-Pd nanorods show a strong photothermal conversion performance under NIR illumination. Moreover, the catalytic performance of the particles has been investigated using the reduction of 4-nitrophenol (4-NP) as the model reaction. Under light irradiation, the PDA-coated Au-Pd nanorods exhibit a superior catalytic activity by increasing the reaction rate constant of 3 times. The Arrhenius-like behavior of the reaction with similar activation energies in the presence and absence of light irradiation indicates the photoheating effect to be the dominant mechanism of the reaction acceleration. Thus, we attribute the enhanced performance of the catalysis to the strong photothermal effect that is driven by the optical excitation of the gold surface plasmon as well as the synergy with the PDA layer.
In the third part, the kinetic study on the adsorption of 2,3,5,6-Tetrafluoro-7,7,8,8-tetracyanoquino-dimethane (F4TCNQ) on the surface of Ag nanoparticles (Ag NPs) in chloroform has been reported in detail. Based on the results obtained from the UV-vis-NIR absorption spectroscopy, cryogenic transmission electron microscopy (cryo-TEM), scanning nano-beam electron diffraction (NBED) and electron energy loss spectroscopy (EELS), a two-step interaction kinetics has been proposed for the Ag NPs and F4TCNQ molecules. It includes the first step of electron transfer from Ag NPs to F4TCNQ indicated by the ionization of F4TCNQ, and the second step of the formation of Ag-F4TCNQ complex. The whole process has been followed via UV-vis-NIR absorption spectroscopy, which reveals distinct kinetics at two stages: the instantaneous ionization and the long-term complex formation. The kinetics and the influence of the molar ratio of Ag NPs/F4TCNQ molecules on the interaction between Ag NPs and F4TCNQ molecules in the organic solution are reported herein for the first time. Furthermore, the control experiment with silica-coated Ag NPs indicates that the charge transfer at the surface between Ag NPs and F4TCNQ molecules has been prohibited by a silica layer of 18 nm.