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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.
We and AI
(2021)
The devil in disguise
(2021)
Envy constitutes a serious issue on Social Networking Sites (SNSs), as this painful emotion can severely diminish individuals' well-being. With prior research mainly focusing on the affective consequences of envy in the SNS context, its behavioral consequences remain puzzling. While negative interactions among SNS users are an alarming issue, it remains unclear to which extent the harmful emotion of malicious envy contributes to these toxic dynamics. This study constitutes a first step in understanding malicious envy’s causal impact on negative interactions within the SNS sphere. Within an online experiment, we experimentally induce malicious envy and measure its immediate impact on users’ negative behavior towards other users. Our findings show that malicious envy seems to be an essential factor fueling negativity among SNS users and further illustrate that this effect is especially pronounced when users are provided an objective factor to mask their envy and justify their norm-violating negative behavior.
Since the beginning of the recent global refugee crisis, researchers have been tackling many of its associated aspects, investigating how we can help to alleviate this crisis, in particular, using ICTs capabilities. In our research, we investigated the use of ICT solutions by refugees to foster the social inclusion process in the host community. To tackle this topic, we conducted thirteen interviews with Syrian refugees in Germany. Our findings reveal different ICT usages by refugees and how these contribute to feeling empowered. Moreover, we show the sources of empowerment for refugees that are gained by ICT use. Finally, we identified the two types of social inclusion benefits that were derived from empowerment sources. Our results provide practical implications to different stakeholders and decision-makers on how ICT usage can empower refugees, which can foster the social inclusion of refugees, and what should be considered to support them in their integration effort.
Since the beginning of the recent global refugee crisis, researchers have been tackling many of its associated aspects, investigating how we can help to alleviate this crisis, in particular, using ICTs capabilities. In our research, we investigated the use of ICT solutions by refugees to foster the social inclusion process in the host community. To tackle this topic, we conducted thirteen interviews with Syrian refugees in Germany. Our findings reveal different ICT usages by refugees and how these contribute to feeling empowered. Moreover, we show the sources of empowerment for refugees that are gained by ICT use. Finally, we identified the two types of social inclusion benefits that were derived from empowerment sources. Our results provide practical implications to different stakeholders and decision-makers on how ICT usage can empower refugees, which can foster the social inclusion of refugees, and what should be considered to support them in their integration effort.
For the last 20 years, enterprise architecture management (EAM) was primarily an instrument for harmonizing and consolidating IT landscapes and is lived as a transformation and governance discipline. It, however, is rather related to IT strategy than aligned to the actual corporate strategy and the work of the enterprise architect is characterized by tasks like prescribing, monitoring, documenting, and controlling. As digital transformation continues apace, companies are facing new challenges that lead to a volatile, uncertain, complex, and ambiguous (VUCA) world. To face these challenges, vision, understanding, clarity and agility allow to anticipative and implement necessary changes. This, of course, has implications for the role of the enterprise architect. S/he needs to start actively supporting innovation and taking more of an advisory role instead of just being driven by the current state of the enterprise architecture. This paper investigates the role of the enterprise architect in the VUCA world. Based on current literature and expert interviews, a survey was conducted among consultants who work as (or with) enterprise architects. Survey results include the evaluation of statements on current tasks of enterprise architects, their influence on projects and companies as well as future requirements on the roles of the enterprise architect. The results from the survey were synthesized with the findings from literature to derive the roles, tasks and skills of enterprise architect in the VUCA world.
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.
Cyber-physical systems often encompass complex concurrent behavior with timing constraints and probabilistic failures on demand. The analysis whether such systems with probabilistic timed behavior adhere to a given specification is essential. When the states of the system can be represented by graphs, the rule-based formalism of Probabilistic Timed Graph Transformation Systems (PTGTSs) can be used to suitably capture structure dynamics as well as probabilistic and timed behavior of the system. The model checking support for PTGTSs w.r.t. properties specified using Probabilistic Timed Computation Tree Logic (PTCTL) has been already presented. Moreover, for timed graph-based runtime monitoring, Metric Temporal Graph Logic (MTGL) has been developed for stating metric temporal properties on identified subgraphs and their structural changes over time. In this paper, we (a) extend MTGL to the Probabilistic Metric Temporal Graph Logic (PMTGL) by allowing for the specification of probabilistic properties, (b) adapt our MTGL satisfaction checking approach to PTGTSs, and (c) combine the approaches for PTCTL model checking and MTGL satisfaction checking to obtain a Bounded Model Checking (BMC) approach for PMTGL. In our evaluation, we apply an implementation of our BMC approach in AutoGraph to a running example.