It is the necessary gruesome answer on the most gruesome home-seeking through love, it is the last act of despair of the highest sublimation of human meaning. If this beauty truly threatened to appear, for him whose life had long been ruled by this sole desire, thus must he kill her.
She must forgive! But on beauty. It is sadism, intellectual sadism, that, insofar as it remains bound to the physical sphere, makes absolutely probable an external conclusion. Ibsen's Hedda Gabbler — the woman that Khnopff always paints — has a similar fate. But her cravings are those of a woman, psychological, compulsive; with G. Apparently through a thought-association on the discourses over the human animal, the theme "Murder" always resulted of itself, so often Weininger beheld one in the darkness of a racing train. Often we waited it was in the country , on his wish, for the Orient-Express.
The frenzied racing train, the glowing shower of sparks thrown off the locomotive, the shuddering of the earth, always transported Weininger into a certain agitation. Long could he remain and watch the spraying sparks, until the train was no longer visible. When he returned home in September from Norway, he seemed changed. His judgments were more stringent, the mood he wore outwardly, was grim and depressed. But this could not attract much attention; for actually, there had been sufficient dark insinuations in his summer letters: "It is actually not going well for me, inwardly.
Indeed, this knowledge also always attends me, that I give you, of my accursed vanity. On 20th November , his father came to me in the first afternoon hours and brought the communication that Otto on the foregoing day had been at the family house and had taken farewell of his family members in such a heartfelt and earnest fashion, that there was a reason to fear. I knew no farewell. My friend was around this time in Heiligenstadt, where he gave classes. I hurried there and waited on the street. It was a long time until he finally came. Slow, solemn, his steps drew him home.
The concentrated strength of his expression was given way to one of lassitude and dismal apathy, as if he saw nothing before him, his features seemed deformed, his face emaciated, dark and severe. On the tone of his voice, grave and bleak anguish could be heard. I had not thought his condition was this bad. We had spent the afternoon and evening of the 18th November together, without perceiving a cause for this profound change. On the question for the reason of his visible malaise, he answered pointing: "Of my feelings of unease I could at the very least free myself, if I could entrust them to someone.
Along the city road, we went to Gersthof where his apartment was located. It was a dim, stormy day. Despite wearing his winter coat, Otto was continually chilled. The anxiety of his friend he countered with the words: "I have the cold of the grave in me. That he should not remain alone in this condition, was clear. Arrived in his room, he asked: "Is it not true, here is the smell of a corpse? I bade him to accompany me and spend the evening with me. Not by accident, I told him about the news was printed in one of the morning newspapers, but which later turned out to be wrong, that Knut Hamsun, whom he considered had inwardly changed, and whose books he possessed, whose novel "Pan" he had often termed the most magnificent in the word, had shot himself.
Weininger cringed, looked at me distraught and said: "So him, too? It became almost dark. On the entreaty to light the lamp, he moaned, as if it tormented him with unspeakable pain: "No, not light! In this dreadful hour, which dealt with the salvation and damnation of my dearest friend, no doubt could exist, that there could be only one thing to help: inflexible energy.
Abruptly I asked him: "Do you have a weapon here? I repeated my question. No answer. Then I demanded urgently the handing over of the weapon. We had never said a bad word to each other. Yet now, while I trembled in greater worry over him, now for the first time in his life, he yelled at me, as if he were my enemy: "You have no right to take command over my will! Painful the moment was for us both, an imperative was required of necessity to remain now absolutely hard, so as not to lose everything. I threatened to look for the weapon myself, if he would not give it to me voluntarily.
Then he replied more mildly: "I have not a weapon! When we arrived, it was almost eight o'clock. He complained of the cold and sat himself by the oven. The evening bread was brought, yet he declined to eat a bite. In vain was every request for him to take a little food and drink. Despite the window being closed, the fire burning in the oven, the heat in the room really unbearable, he kept his winter clothing on, always drew more coals up and huddled near the oven. Finally, after hours, I succeeded in inducing him to eat a little. Now we sat together facing each other, his mien had brightened.
In a short while he seemed as if everything were as it once was, as if again the future were full of hope before us. Yet soon the painful seriousness back back into his expression. The crisis was not yet past. The following hours were a struggle between us, a struggle of wills and energies. Always on the one side: "I will know! You must tell me! I cannot lose you this way!
Finally, long after midnight, he gave in. He stood up formally and said with a voice so dark, so cold as the grave, so hopeless and desolate, like I have never heard a man's voice: "I know that I am a born criminal. I am the intrinsic murderer! In the first moment the thought was that his noble, rich, pure spirit had been violated. He whom every worm, every cockroach of the way had abandoned, whether he was lost in the woods or else bore himself confidently, this benevolent man, this holy man, that he should really bear the dark, of which he spoke, in his own soul?
He must be wrong, he must be prejudiced in a delusion, for any other conclusion was not possible! Once the beginning was made, he was now in a position to speak: "I was in Munich one night in a hotel room. I could not sleep. Then I heard a dog howl. So terrified have I never ever heard a dog howl. It was surely a black dog.
It had become the evil spirit. I fought with it. Over my soul, I fought with it. On that night, from fear, I bit into the bed polster. Since that night I knew that I am a murderer. That's why I must kill myself! What I replied to him, I don't know any more. I only know that I spoke to him for a long time, that I defended this "murderer" on that night, defended him with conviction, because I did not believe in his "guilt".
I know that I begged and prayed for his life, that again, I kept pleading for hours and hours incessantly, and again always heard: "You cannot persuade me! You cannot force me! Let me be! It must be! I cannot live anymore! Soon it was almost day. The lamps had burnt down, I felt exhausted and spiritless, because everything had failed. All my energy was used up, he was stronger. In the great fear of losing my friend, and indeed also of losing him forever, I said still a few words with my remaining decisive power. I wept and my agitation effected what my words had not been able to achieve.
He placed his hand on my forehead, and in his eyes were tears. With deep solemnity he then said: "I thank you! I would be silent, then, because he would need quiet and solitude. In a few weeks, the last version of the book was completed. A Viennese scientific publisher rejected it. On 29th May, he brought me the first example the printing press had gotten off. In early summer , we spent some hours together. Still, he often spoke about the criminal nature, but yet now in a genuinely milder form, that left hope that the crisis was declining into abatement.
Around the middle of July he left Vienna and remained abroad until the last third of September. Then he came, apparently without having recuperated. That he again sustained plans to commit suicide, I did not suspect. Indeed, he said at our last get-together: "The accusation could not be made against me, that my book was intellectually impoverished! Also a second remark: "You have not helped me with the corrections of the first edition. Now you have no examination before you. Promise me that you will fully take on yourself the work for the second edition!
At these meetings he also said: "Now we will not see each other so soon! The farewell was without ceremony, only heartfelt in the usual manner. The resolution to perform his plan so quickly, had Weininger still, at that time, not conceived. The next evening he cam to me. I was not home. On other days I learnt that he came upset to my room and had waited for many hours unavailingly. Later at night he went away. He let me know I should not expect him on the following day.
I didn't expect him. But he came again, remaining for hours, until late in the evening, then he went. And again he left the message, that he could really not come the next day and came nevertheless and didn't meet me. This repeated itself over a series of days. Thus I never saw him again alive. Perhaps the conflict between his messages and his actions was none other than the struggle for his life. Perhaps he feared meeting, because I had once held him back from death, and he still came again and hoped and waited; and believed from his lack of a friend that this pointed to a sign. On the 4th October , at ten-thirty in the morning, he died in the Wiener Allgemeinen Krankenhaus, where he was diagnosed that night to be in a hopeless condition.
Shortly afterwards two friends accompanied me to his corpse. On the face of the dead, there was no feature of goodness, no shimmer of holiness, to be seen. Also no pain; only an expression that the face of the living had completely lacked: something fearful, something ruled by horror, that which had pressed the death-weapon into his hand: the thought of evil. After a few hours, however, his image changed: the severities softened, the features seemed gentler and smoother.
And when I looked at my dead friend for the last time, on his visage was nothing other than the sought-after deep quiet of eternity, on his forehead only the reflection of his great spirit. From Italy, Weininger had sent all the handwritten notes he possessed to his friend Dr. Moriz Rappaport, leaving the publishing up to his discretion. For almost 16 years, Dr. Rappaport has left this last notebook of Weiniger in my hands. The often-started attempts to disentangle the obscure and half-smeared characters remained always without result. After a difficult illness, I obeyed the demand of my friend to not keep what remained of Weininger's mind hidden to the world any longer.
I broadcast the notebook and published these last messages in mutual agreement with Dr. Rappaport, together with a few of the letters preserved by him over the course of the years, insofar as they are suitable for rounding out the picture of his personality. A few of the thoughts of the notebook might be known from "Letzten Dinge", so it is still always worth knowing the original form that they took in the consciousness of the thinker, Weininger.
A remarkable passage is composed of four lines, lines of tremendous tragedy, that throws light on the whole life-destiny of this unique man. His characters let it be known that Weininger, as if hunted, in a racing hurry, perhaps in torment and doubt, threw onto paper that though his pride floored him, his hand had still bristled up to write what his mind dictated:. One compares with this passage those two fundamental sentences in "Sex and Character", that had aroused such sensation and still more conflict: "Woman is only sexual, man is also sexual" and "The most lowest man remains still endlessly higher than the highest woman", so one recognises the degree of rank they had in Weininger's opinion towards the problem of sex.
But may I in these last words utter perhaps the real beginning of a new way, utter perhaps the first complete revocation of his earlier beliefs: In principle, the great significance of his deepest insights would not be affected, for the worth of the eternal thoughts of Otto Weininger on his attitude on the problem of the sexes surely is independent.
For the deciphering of the shorthand, for the oversight of the material and the corrections rendered to me by the docent Dr. Oskar Ewald, Otto Weininger's friend from youth, such valuable help, for these passages exist thanks to him. Wenn er das will, wird ihm Gott helfen. Sonst hilft ihm niemand. Du wirst auch hiezu die Neigung empfinden.
Der Verbrecher nimmt, wie keine Schuld, so auch keine Einsamkeit auf sich. Kraft hat er. Meine Theorie von der Krankheit. Ich habe das selbe mit der Wahrheit. Es gibt ein ganzes Reich der Projektionen. Hier liegt, was man freilich nirgends ausgesprochen findet, vielleicht das schwierigste Problem der Philosophie. Er hat der Zeit jede Bedeutung geraubt. Die Idee mit dem "Progressus" zur Heiligkeit , die Kant teilte, wird so vereitelt. Denn jede Begrenztheit ist Bestimmung von aussen, hat also Unfreiheit.
Alles Handeln des guten Menschen geht nach dem, was man den Wert oder die Existenz oder das Leben nennen kann. Schwanken zwischen Schopenhauer und Fechner. Forderung des Lebens ist Lust! Die Lust ist an den Wert gebunden und nie direkt, nur durch ihn erreichbar. Bis zur Lust reicht das Weib, aber nicht bis zum Wert.
Bis zum Mitleid reicht es, nicht bis zur Achtung. Lust und Wert sind im tiefsten Grunde identisch. Und das Gute ist Gott! Wie in der Gegenwart, so sind auch in der Ewigkeit Raum und Zeit geschieden. Die Ewigkeit ist der Sinn der Gegenwart. Fechner ist nur der umgekehrte Schopenhauer; diesem war der Schmerz, jenem die Lust das Reale. Ebenso der Asket Pascal. Der Jude ist moralisch das, was die Dummheit intellektuell ist.
Er ist die Fliege, die den Esel blutig schindet. Zwischen Unsterblichkeit und Sittlichkeit kann es nichts geben. Darum werden alle Kulturen wieder hinweggeschwemmt. Nicht nur das Gute ist Eines in den Menschen, auch das Teuflische. Jeder Sieg des Guten in einem Menschen hilft allen anderen — und umgekehrt. Gott ist die Idee des Heils, die Gesundheit. Wenn wir wollen, so ist die Idee, so ist Gott bei uns.
Der Verbrecher ist eitel, denn er hat den Wunsch zur Einzigartigkeit. Man braucht den Zuschauer, das Theater, die Pose. Darum entsteht der zweite Mensch. Darum ist der Verbrecher homosexuell. Das Genie ist entweder das umgekehrte Verbrechen oder die umgekehrte Krankheit insbesondere der umgekehrte Irrsinn. Denn er hat auch von Wieland, Byron und etlichen Malern seiner Zeit sehr viel gehalten, und an denen war auch nicht viel. Herkules ist dorisch. Sie verhalten sich wie Armut zu Reichtum, wie Einfachheit zu Wohlstand. Der "Farnesische Stier" erscheint daneben wie ein Ausdruck von Talent.
Um zu wissen, wer Michelangelo und was Rafael ist, vergleiche man ein weniger bedeutendes Bild, die "Sintflut" der ersteren, mit einem der hervorragendsten des letzteren, dem "Brand des Borgo". Diese eignen sich sehr gut wegen der inhaltlichen Homologie und weil von Michelangelo sonst keine Massendarstellungen vorhanden sind. Einheit und Allheit sind so problematisch. Der Neurastheniker verzichtet auf Allheit, der Verbrecher auf Einheit. Der Neurastheniker ist zur Allheit, der Verbrecher zur Einheit zu schwach. Wer wollte das entscheiden? Die Sterne winken von der Grenze des Raumes her.
Die Sterne lachen nicht mehr; sie haben zur Lust keine Beziehung mehr, nur mehr zur Seligkeit und Freude. Es fehlt die Physis. Darum sind Leben und Flamme so oft verglichen worden. Er kann das aber nur, indem er Sklave eines Herrn wird. Der See : Versuch des Flusses, zur Allheit zu gelangen? Jedenfalls sind es Stationen des Flusses und Ruhepunkte. Der Neurastheniker hat auch eine Gegenwart zeitlich ; der Verbrecher hat keine Gegenwart. Jedes Tier hat ein Gesicht, in dem man irgendeinen menschlichen Affekt, einen Trieb, eine Leidenschaft entdeckt, eine menschliche Schwachheit oder Gemeinheit entdeckt.
Sie ist schief und hingestreckt am Boden, zum Kriechen verurteilt; und dabei ungeschickt. Ein Tier, das nicht eitel ist und sogar Schmerz kennt. Realisierung des Zufalls. Absolute Nacht, ohne Hoffnung. Schlange und absolute Sicherheit des Losfahrens. Gerechtigkeitsproblem ist hier Zufallsproblem! Die Pflanze ist Krankheit. Die Astrologie hat eine Zukunft, die auf der Inkarnation beruht; aus der Konstellation der Sterne kann der Charakter erschlossen werden. Stoff ist teilbar: das liegt in der Zahl 2. Alle Resultate, alle Synthesen sind Dreizahlen: das liegt in der Zahl 3.
Die Griechen kennen keine Heiligen, darum kennen sie kein Zeitproblem. Er ist frei! So entsteht kein Kind. Sie geht ganz zugrunde. Der Mond Luna ist der externalisierte Traum. Der Verbrecher hat aber dabei die Halluzination des Schlangenbisses und stirbt von falschem Schreck. Sicherlich steht auch dieses unter einem ethischen Gesetz. Der Jude ist von Anfang an; und doch kann er auch kein Ende bedeuten. Er ist zwischen Anfang und Ende. Der Jude kennt darum den Handel, nicht die Tat. Der Jude ist zu dringlich gegen Christus. Christus ist nicht umsonst auf einem Esel geritten. Eselskult beiden Juden.
Diese betrachtet als ihr Verdienst, was Verdienst Gottes ist. Der Verbrecher kann keine Zeugen brauchen. Denn durch verbrecherische Art hoffte er zu siegen und ist unterlegen. Ob er sie zur Mutter macht oder nicht? Aus den Dingen erkennt der Mensch sein eigenes Wesen. Goodness is nowhere! Suicide from disability, from the too-long recovery from illness, is actually as conflict-shy and as unbelievable as the cowardly suicide committed to escape a crime.
It can be characteristic for a truly shallow man to see suicide as permissible and an uniquely profound man to see it as constantly impermissible. I know it and also, against my expectations, have had the happiness to meet a greatly outstanding man whom I have persuaded, and whom also believes the same. The coming centuries must testify this to be true of me.
There is only psycho-therapy, plainly not only that defective psychotherapy from the outside that we have today where the foreign will of a suggestor must be performed wherein one's own will is too weak, not only that heteronomous type, but to the contrary an autonomous hygiene and therapy, where everyone is his own diagnostician and truly, also even therapist.
Each one must cure himself and be his own doctor. If he wishes this, then God will help him. Otherwise no one helps him. He ought not take my suicide as a personal thing, as you have done with F. You would also discover herein that inclination. But don't believe that it is correct!
I believe that my mental abilities are certainly of such a nature that I would become, in a certain sense, the solver of all problems. I do not believe that I could have remained long in error anywhere. I believe that I would have earned the name of the Redeemer, because my nature were that of a Redeemer. The guilt of the man for whom "community" becomes a problem, is simply solitude. The criminal accepts no guilt, thus also no solitude onto himself.
That he must be there. Writer and people who cannot write. More on the Farnese Hercules. About himself. He has strength. My theory on illness. Because strength is the consequence of goodness its means, to assert itself, to find itself , never of itself-as-goal. For G. I make fantasy unto me, not me unto fantasy. I do the same with truth. The need for originality is thus a weakness. To narrate is sadistic. The sadist feels the organic is real. How the will is, so also is its projection, the movement, the child, something between existence and non-existence.
There is a whole realm of projections. The empirical realm, that we take as truth, originates through such projections of Something onto Nothing, projections of the higher life. Here lies, truly what one finds pronounced nowhere, perhaps the most difficult problem of philosophy. Kant has expelled the psychological life wholly, into the phenomenal, such as the life of the outer world.
He robbed time of any meaning. But thereby would the possibility of ethics be negated. If all good feelings in me belonged only to Phenomena and not to Being, thus the case is also with the meaning of my life. Because the meaning of my life stands and falls on whether I can proceed in a positive relation to good or not.
If all psychological life only seems, so I can in no wise make myself worthy of an eternal life. The idea with "progress" to holiness that Kant shares, would be thwarted. The genius does not need the transcendental method, for the normal intuition possesses enough certainty.
The justification of the psychological method lies in seeing things in a vision of God! The nearer the intuition comes to a concept, the sooner the transcendental method becomes superfluous. Because guilt and strife are not truly different, for this reason one may be calmed: no criminal really goes unpunished. What I argue is: that the will is always good and that there actually can be no will to evil or an evil will. Evil is the resignation of the will and the coming-into-being of the animal instincts out of want. The ideas of freedom and universality must be identical.
Because every limitation is a determination from outside, it thus has no freedom. But if man is free, then he must be able to become what he wills. For that, however, possibility is the requirement of freedom. The ideas of freedom and totality are thus identical! It is really not true that all human actions are driven by desire. All actions of the good man are driven by what one can call the worth or existence or life.
Indecision between Schopenhauer and Fechner. Both fail to recognise that the ethical and the world-principle lie together, on which the "Desire — Pain" link is dependent in the "Good — Evil" link. With it, the link "Desire — Pain" runs parallel, but its relationship is of a secondary nature. How does desire relate to life? The insistence of life is desire! Desire relates itself to life like punishment to guilt like pain to death. Human wanting is driven not by desire; it seeks that which another, also myself, has named worth , life or existence or reality.
Desire is bound to worth, and reached only by way of it, and never directly. Woman arrives as far as desire , but not to worth. She reaches as far as compassion, but not to consciousness. High regard for man: "moral" argument for masculine women? Desire and worth are in the deepest basis identical. They contact in the concept of the Good.
And the Good is God! Boredom and impatience are the most immoral feelings that can be. Through grace , the temporal necessarily steps in relation to timelessness, eternity, freedom.
The expression of this relation-condition is most commonly, in belief. The psychological expression of this common meaning of time is called: courage! It is the direct effect of grace with reference to time non-positing all other principles , like how belief is the direct effect of grace without reference to the same. As in the present, so also in eternity are space and time separated.
Eternity is the meaning of the present. The present remains itself in eternity, as the beginning of things before the Downfall and remains to the end, as the goal redemption from Downfall. All compassion is universally: willingness to desire and is therefore immoral, because desire directly striven for becomes compassion instead of worth. Compassion is immoral not to mention the foundation of morality because it stays within the link "Desire-Suffering", not within the "Worth-Nothingness" link, to which that functionality is tied.
Desire is dependent on conditions, worth is not dependent on conditions. Here indeed pain becomes directly seen, but negated; and desire directly willed, instead of affirming worth, as in respect. Cruelty means: to wish to make pain real as a sole reality , instead of placing desire with "Freedom-Worth".
Schopenhauer whose Nirvana is as the only real, suffering -free , victory over one's own cruelty and Fechner are poles within the same progression. Both only ever find the desire- and pain-element as the nature of the world. Even the ascetic Pascal. Courage is the correlate of truthfulness. It is the respect-nothing of Nothingness. Jewishness, meanness, and stupidity. The Jew is to moral, what stupidity is to intellectual. It is the fly that flays the donkey bloody. Neurasthenia and illness: to become passive towards the perception in space outside the body: neurasthenia; in space within the body: illness.
There can be nothing between deathlessness and an ethical life. That is why all cultures are washed away again. The cheat is related to the pathological liar. He cheats through his physical body: trickster. The master of a dog is he who has really nothing doggish in him. That is why he has a dog. He has the doggish from outside. The vain man is sensitive in equal high measures. Because were he not willing for one to watch him, so would one not look over his shoulder.
Not only the good is one in man, but also the devilish. In any victory over goodness in a man, all others are helped — and the reverse. God is the idea of salvation, of health. If we will, thus is the idea, thus God is with us. The mirror is the surrogate for creating-oneself. It has a relationship to vanity and equally to individuality. The problem of individuality is the problem of vanity.
That there are many souls, is the result of vanity. The criminal is vain, because he has the wish for uniqueness. One needs the spectator, the theatre, the pose. That's why the second man comes into being. That's why the criminal is homosexual. The genius is either the reversed crime or the reversed illness especially the reversed insanity. The artist must create something inferior to the philosopher. Because he is more dependent on the moment than the other. If the vapid-headed Schiller instead of the mess of his beautiful-sounding, easily-ethicised phrase: "Shared joy is doubled joy — shared pain is halved pain!
That Goethe had considered Schiller great, naturally proves nothing at all. Because he had also considered Wieland, Byron, and a number of painters of his time to be very great, and these were also not great. Hercules is doric. Doric and Ionic must become sharply separated in Hellenism. They are related like poverty to wealth, like simplicity to affluence.
The most godly work of art that I know is the "Farnese Hercules" in the museum at Naples. It is more holy than the saga of Hercules himself, and has an eternally gripping impact.
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The "Farnese Bull" appears next to it as an expression of talent. That one could mention the Raphaelesque filth next to Michaelangelo, I comprehend; one would always do just this, because one understands Raphael wholly without , Michaelangelo only through , genius. The latter makes all, the former truly no, consideration for the observer. Raphael was wholly impotent when he depicted God, Christ, philosophy. He helped himself by renouncing character from the outset; then one calls this originality and praises it as a contestation against Michaelangelo.
Raphael never dared let a body show its whole back, least of all God himself as Michelangelo had done in the second ceiling painting of the Cistine. To know who Michaelangelo and what Raphael is, one compares a less significant image, the "Flood" of the former, with one of the most outstanding of the latter, the "Burning of the Borgo". This is very suitable on account of the inner homology and because there are no other representations of masses available by Michaelangelo.
Raphael paints here a group, there another, piece for piece, each preoccupied with something different; it wholly lacks unity. Oneness and Allness are so problematic. The neurasthenic renounces Totality, the criminal Oneness. The neurasthenic is too weak for Allness, the criminal for Oneness. The deficiency of Oneness in the sea! Allness is here; but Oneness is here missing.
The north German is constituted too much by the idiosyncratic north German levelling. The Islander, the Norwegian, the Scot, and to a point the English also, are more similar to the south German than to the north German. Opposites also in Nature: the most fruitful European regions and the nearby volcanoes, the detestable lava — the shit of the earth. The child has no relationship at all to its future. Is the sea existing through the rivers or the rivers through the sea? Who wishes to separate them? So God and mankind relate themselves. The sea wills the rivers, the river wills the sea.
I have the greatest appreciation for terrestrial vistas and for the Totality to which the Earth expands, for the aperture at the end of which one sees vastness, for music that opens itself up Trovatore and Lohengrin, Jubilarian : mouth. Solar system and fixed-star sky have a separate relationship to space. The stars twinkle from the boundary of space. The stars no longer laugh; they have no further relationship to desire, only to happiness and joy.
They lack physicality. Among the strangeness of fire is also that it needs oxygen to burn, exactly like its enemy, life. That's why life and flame are so often compared. The purifying effect of fire means that everything points to this element existing in the service of goodness. The dog is that criminal which continually seeks to prove others wrong to make itself right barking! It can only be as the slave to a master. The body is not immoral, but the skin is. It is the threat of the body, the place where it acknowledges space, is vulnerable, besmirchable, becomes infected. Space comes into existence through making a real into not-reality, as with illness through emission of part of the I to the outside, incapability for Totality.
It is the present devoid of eternity. All animals are criminal, even the horse, even the swan aimless beauty, never flies a little further : there is a fear of the swan. The lake : attempt of the river to arrive at Totality? The Caspian Sea speaks of this.
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In any case there are stations of the river and points of stillness. Totality from the outer , Oneness from the outer. The snake is actually not in a narrower sense hateful. It is smooth; and yet seizes us with aversion for it: lie! The tortoise always makes a tired impression. An animal that is not vain and yet knows pain. Just as one finds all possible combinations in the human world, thus also in the animal realm: fish that fly; birds that swim; suckling beasts that fly; suckling beasts that can swim. The snake suffers severely in the cold. Death from outside. Realisation of chance.
Absolute night, without hope. Snake and absolute certainty of hitting the mark. It hits sure and straight-lined, kills when it bites. The problem of justice is here the problem of chance! It lies from the outside. Lie from inside. The plant is illness. The animals and plants are not dead in men, but unconscious discardings in men, which he encounters only in unfree perceptions. If medication has an effect, it is merely the psychological will, the belief, the hope, that have an effect. Constipation is indicative of being charged with mental and bodily impurity , without being directly expressed in a lasting pain.
Astrology has a future that relies on the Incarnation; out of the constellation of stars can character be developed. Matter is divisible: it lies in the number 2. All results, all syntheses are trinities: they lie in the number 3. Space is related to chaos; its nature persists in the position of distance illness and aloneness are related , the three dimensions flee from each other , space has no Oneness, it is the collection of all externalisation of perception, the whole I as unconsciousness.
Homesickness is the wish to be a child i. Where the Oneness of consciousness is missing, as in the criminal, there aloneness is missing "The I senses itself", Rappaport , the awareness of time is missing because the separated debris of the I, unreal, nothingness, are positioned as real, becomes realised. The holy that is the reversed criminal, Christ, Augustine, Kant suffers worst in the time problem.
The Greeks know no holy men, so they know no time problem. Then is Nature-perception possible. And it is beautiful. He is free! To the other — unconscious — it is hateful, a threat to freedom, ruled by fear. The old maid is the nothingness developed out of the woman, created by the man who, from ethical reasons, never again meets with her. Thus no child develops. She perishes utterly. Theft is creation of the real out of the not-real or serialisation of things in the I that do not belong to the I. The lie says its definition is the best, which is immoral: To posit the Unreal as real, or: serialisation in the I, where it ought not follow.
The moon Luna is the externalised dream. The sleep-walker is the platonic idea of the dreamer. Who loves dogs, not cats, who has nothing doglike, i. The criminal liar dies from the inner, the occasional liar from the outer spatial snake-bite. But the criminal has the hallucination of the snake-bite and dies from false shock. The moral is always supreme to the intellectual; the enchanter can discern everything, but not the good God, the idea.
The weak and weaklings in regard to morality physicalise the weak degree of strength and courage: Jew and strength, woman and strength. One considers now, giving light to hopes of finding a simple rule of Nature by which sex is regulated. Surely this also stands under an ethical principle. But there cannot be a biological principle of Nature for a process, that deals with either the incarnation of a soul or the development of an evasive, delusion- and lying-form, as woman is. It can, at least, be influenced by other natures experimentally.
This takes effect again for men. Here is a wholly impossible infringement. Just as unthinkable is a mechanical principle for the evaluation of the manly birth. And whoever now still doesn't know what is unjewish and what is jewish, sinks himself into life like the awakening Adam of Michelangelo in approximately the fourth painting in the the middle row of the altar wall in the Cistine chapel , in whom everything is still as a possibility, but also all possibilities effectively exist — with exception of one: Judaism!
The Jew is from the beginning; and yet he cannot also comprehend the end. He is between beginning and end. But beginning and end mean "feat". The Jew understands business, not feat. The Jew is too urgently against Christ. Christ is not for nothing bestride a donkey. Donkey cult with Jews. The Jew is the punishment of the donkey: he is absolutely not asinine.
That the Jews instantiate themselves in Germany hangs together with "Michel". The idiot smiles over intelligence; the Jew smiles over the good. He places himself thereby near goodness. He also shows how smiling can still be immoral. The man who miscarries his suicide? He is the complete criminal, because he wants life so as to rage against it. Everything evil is rage! Vanity means: to want to calculate the merit of the I by what doesn't belong to the merit of the I.
Thus also individuality. Such a one considers to his own merit, the merit that is God's. The criminal can need no witnesses. For, he hopes to conquer by criminal means and is in an inferior position. That's why he must kill all witnesses. The holy man smiles, without knowing why. He laughs unfree. The holy man is the unhappiest, notwithstanding he only seeks happiness. The devil is the man, who has it all without goodness , who knows the whole heaven without truthfulness, while all things exist only through goodness.
Every man creates his woman, perhaps two women for himself: one prostitute, one mother. Whether he makes her into a mother or not? This depends on his relationship to the ethical alone. There's no greater plaintive nonsense and impression : One unfailingly seeks something behind woman because one expects this rather than finding there's simply nothing there. And so one comes to the idea of identifying her with the sphinx, with which she actually has no similarity whatsoever. Christ redeemed Magdalene — she was a prostitute, as long as he was in the wasteland. How can I accuse woman after all, for serving man?
Man wants nothing other than she does. There is no man who would not be delighted if he exacted a sexual influence over a woman. From things Man understands his own character. Each understanding is redemption , System and explanation is propitiation. Bist Du noch immer nicht in die Verfassung gekommen, zu lesen? Io ho denari, vorrei restituirtene. Mir geht es gar nicht gut, inwendig. August fortgehen , wie es in P.
Juli Lieber Freund! Komme eben aus der Schack-Galerie. Und Du? Man hat auch so noch genug Schicksal, wenn man wer ist. Heil Dir! August , laut Poststempel Lieber, herzlich geliebter Freund! Ich dachte gerade an Dich und hatte eine Karte bei mir und nichts anderes.
Der hat sein Doktorat gemacht usw. Ich denke oft an Dich, aber Deine jetzige Lage macht mir dieses Denken ziemlich schmerzhaft. Leb' wohl! Ich habe noch etwas an Dir zu verrichten. Denn das wirst Du erst dann verstehen. Morgen fahr' ich nach Dresden. Hoffentlich hast Du's einmal um zehn Uhr vormittags probiert! Mario C. Ich freue mich sehr darauf. Noch am ehesten wenigstens. Auch Sch. Sind die B. Eine lange Assoziationskette! Und die Leute davor! The danger of a single storyand its oppressive force to identities and peoples that are misrepresented or not represented in it have been stressed in recent years by many scholars, but not only them.
Juni in Kraft. Human rights and business issues are far more complex than is often considered in most scholarly writings on the topic. The following is an example of the complexity, taken from the case of Araya v Nevsun Resources BCCA , which is currently winding its way through the Canadian courts. The company is alleged to have aided and abetted serious human rights abuses, primarily conducted by the government of Eritrea.
Does customary international law really matter in protecting human rights, and if so how? This results in …. For a long time, international legal scholars did not devote much attention to protagonists from the Global South as relevant actors in the field. The focus of the discipline — at least in continental Europe — was on contributing to the systematization of the international legal order. The few studies on particular national or regional approaches to international law largely focused on the perspectives of the Soviet and US American ….
Wolfgang Kaleck is the founder and General Secretary of the European Centre for Constitutional and Human Rights ECCHR , a legal human rights organisation based in Berlin, Germany, dedicated to hold torturers and war criminals as well as transnational corporations accountable. The Non-State Armed Groups in North East India have been consistently engaged in hostilities with the Indian armed forces, resulting in a myriad of human rights violations by both sides. In a span of 15 years to , North East India has witnessed over twelve thousand casualties out of which more than five thousand are civilians.
Though the number of casualties has been on a decline since , human …. It has been a pleasure to read to what now amounts to an exchange of views between Prof. Bhutan proudly — and for all intents and purposes, rightly — claims that it has never been conquered or colonized, either by a European power or by an Asian neighbor.
Furthermore, consequences of geography and geology make comparisons …. There is either utter disdain towards opposing perspectives or deliberate display of ignorance for plausible and varying rationalities. Nothing has been as vehemently contested as the role of the state in the economy, financial intermediation and …. Prabhakar makes a number of important and interesting contributions in this paper. First, he convincingly substantiates a practical and theoretical distinction between colonies and semi-colonies.
He goes on to demonstrate the continuing relevance of this distinction to the engagement of former colonies and semi-colonies with international law. Strikingly, the makers of the ancient temples of Cambodia appear infatuated with a particular Indian mythic leitmotif, the churning of the milk ocean. In order to churn the milk-ocean, Vishnu, a Hindu god, turns into a turtle to allow the planting of the Mount Mandhar, the churner, on his shell. Next, Vasuki, the serpent, is wrapped …. This is an important decision.
Gbagbo is the first former head of state to be tried by the ICC, and his acquittal comes just months after the controversial acquittal of Jean-Pierre Bemba, a rebel-cum-vice-president of the DR Congo. Of course, as with Bemba see here, here and here , international lawyers will disagree on ….
The case had begun in the fall when the anonymized applicant E. On this occasion she claimed that Muhammad, the most important prophet of Islam, was not a perfect human because …. I agree, but would like to caution against throwing out the baby with the bathwater by giving up the never-ending struggle for a bottom-up universalisation of the international legal discourse.
Our scholarly approaches, arguments and assessments are value-loaded and connect to underlying political and theoretical preferences …. Westphalia is a myth that plays a central role in the linear narrative on the development of international law from West to East. It is indisputable that economic and geopolitical power has shifted east and that the core-semi periphery-periphery symbolism, a common reference for liberal, socialist and postcolonial states, increasingly mischaracterizes the complexities of relations at play, as do voices who proclaim the beginning of the post-liberal world order.
True, in liberal strongholds, nationalistically-minded authoritarianism is on the rise again, more subtle than in the first half of the 20thcentury, but with similar …. Contrary to this prophecy, we are witnessing the sunset of the Western liberal international legal order. In Japan, only a few academic scholars are aware of the plurality of academic scholarly perspectives.
Most others do not think that their methods are different from the Western methods. This phenomenon is visible in international law study too. Such an attitude is not groundless. Japanese international law scholars are more internationalized than domestic law scholars. Most of them understand two or three European languages well, have experience of studying …. Ein Blick …. I argue ….
Formal stand zwar die Entscheidung zwischen …. Diverging views and perspectives on international law are unavoidable. The global span of this body of law and the different geographical, cultural, religious and educational backgrounds of those who work with it contribute importantly to the understanding of its normative frameworks.
The fact that scholars from different countries and continents …. As workload and expectations have been growing, the time has come to secure more sustainable funding and to further professionalize the blog. While it is nothing new in Switzerland that popular initiatives are launched which lead to conflicts with international law just remember the popular initiatives on the ban of minarets, on the ….
While the events have been largely claimed to be the result of an internal power struggle between two senior judges at …. Ein Schritt, der in Deutschland von der AfD bejubelt wurde. Woher kommt die Skepsis? In her opinion, principles like Data Minimization and Localization are likely to infringe generally accepted principles of investment law, such as the fair and equitable standard of treatment of …. A significant number of Ethiopians are migrating to the Gulf countries to work in the domestic labor market.
In late , the Ethiopian government passed a temporary ban on labor migration, which was subsequently lifted five years later in January How have these legal developments shaped the current situation, and what are the major push factors influencing Ethiopian labor migration? Two factors are particularly noteworthy: first, a state monopoly ….
Der Cyberkrieg ist in aller Munde. Allerdings steht auch die Reaktion der EU auf rechtlich wackeligen Beinen. This is for two reasons—both, in my mind, connected to LaGrand. In the first place, with the Court having declared its provisional measures binding, it was incumbent upon it to ensure their requirements were clear and predictable. In the second and in view of …. She demonstrates how Kavanaugh has repeatedly shown disrespect for humanitarian law and human rights in his career as a judge for the Federal Court of Appeals for the District of ….
There has been a recent surge in the proliferation of data protection regulations globally, the most recent example of which is the General Data Protection Regulation. This tightly constrained and circumscribed stage of the proceedings, though only a precursor to the far more significant jurisdictional and merits stages—each of which has the potential to ask questions with lasting significance for international law and …. History is not unfamiliar with the rigours of tariff wars. Back in the s, retaliatory tariff escalation led to the great depression, which in turn contributed to the Second World War.
Leaders of the free world sought to revive the beleaguered global economy through free and fair trade. Years of negotiations aimed at increasing market access and curtailing protectionism culminated in the establishment of the World Trade Organization WTO. Doch wie ist eigentlich die Rechtslage an kolonialen Kulturobjekten?
Many Kenyans took to social media to mourn the death of the African diplomat they had come to know through his efforts in curbing the post-election violence. Annan and the Election in Kenya The election in Kenya was charged and emotive. The vicissitudes of history have nevertheless robbed many peoples of this inheritance.
The legacies of colonialism and imperialism are keeping the European museum scene busy. At first glance, it seems that colonial amnesia is overcome and museums are paving the way for postcolonial restorative justice. A second glance, though, might reveal inconsistencies and shortcomings structuring present museum work. The current debate mainly focuses on objects being looted, exchanged, extorted or bought under colonial rule, and considers the restitution of objects to former …. Er lobt dagegen die griffige Anschaulichkeit altdeutscher Gesetzestexte, die er bereits als junger Mann in seiner wunderbaren Abhandlung Von der Poesie im Recht zum Forschungsgegenstand gemacht hatte.
Was ist Kultur? Die Frage nach der Bestimmung des, prima facie, hoffnungslos unbestimmbaren Begriffs ist in den Kultur- und Sozialwissenschaften aktueller denn je. Leidenschaftlich wird darum gefochten, ob Kultur offen oder geschlossen, Konstruktion, Essenz oder Ressource sei. In the course of recent years, international legal efforts to safeguard cultural heritage have undergone two seemingly contrasting developments: on the one hand, the general public has expressed an increasing concern with regards to the protection of cultural heritage from destruction and looting, first in light of the conflicts in the former Yugoslavia, Afghanistan and Iraq, and most recently as a result of the acts of the Islamic State in ….
Every legal field has its own history and every history has its own master narrative, in the case of international law protecting cultural heritage it is a plain success story. International legal efforts to safeguard cultural goods and sites started in the interwar period. It was after the horrifying destructions of the First World War that internationalists and lawyers discussed how to efficiently protect artefacts of artistic and historical value. Moreover, last year, the Court managed …. Im Fall Poblete Vilchez vs.
Somalia has been that isolated relative that no one speaks about. The one that lives in a little hut, far away from the general community, with little interaction with anyone. Nieces and nephews do not visit her, because she is said to be a witch. Everyone fears her, and so she is largely ignored. Nobody wants to go near her homestead. Since the overthrow of Siad Barre in , Somalia …. It has since seen little progress towards achieving this goal, which is heavily due to the incompatibilities of its Constitution with the European Convention for the Protection of Human Rights and Fundamental Freedoms hereinafter the Convention.
Ein vergleichbarer Ansatz findet …. The future of human rights, as scholars and practitioners alike emphasize, depends on its ability to address economic inequality. For this aim, human rights lawmaking needs to listen to more voices than just the ones of the powerful states and the human rights movement needs to include more actors than it did in the past to tackle questions of fair distribution:.
But is this really the case? Der Ausgangsbefund: Wirtschaftsabkommen und Menschenrechte 1. The state-based paradigm of international human rights law poses a significant challenge to modern day human rights problems as traditional mechanisms largely fail to adequately address corporate conduct and to respond to corporate human rights violations. As a Jewish academic currently writing a book in Berlin, I am moved by the significant efforts in evidence across the city to remember the victims of the Holocaust.
From the sobering stolpersteine to the powerful formal memorial sites, the terrible results of denying the worth and value of Jewish, Roma and gay individuals amongst others are clearly in evidence. Yet, memory of past violations cannot be enough: it must …. Both historians and jurists are intrigued by the future: historians — despite their habitual claims to the contrary — wish to say something meaningful about the future by studying the past, whereas jurists make and render law in order to establish justice, lawfulness, and ultimately peace. A rapidly emerging arena of scholarship on law and development in recent years has been on the intersections between international economic law IEL and development.
As the development community re-focuses on how the rule of law agenda enables sustainable development as expected in fulfilment of Agenda , questions will continue to arise concerning the mixed results of rule of law assistance projects. It has never moved beyond a market-friendly or market-centered approach. I submit that scholars who are more concerned with the …. The field of Law and Development studies positions itself at a highly interesting, yet academically challenging juncture: What is the relationship between law and social and economic development?
For most scholars of Law and Development, this question itself tends to raise more questions than answers: What conceptions of law are we actually talking about? The bizarre dispute and the Agreement itself has raised interesting legal questions, serving as the most prominent case of an inter-state battle over …. He assesses that the absence of cyber security law-making has created a power vacuum that has been filled by non-state actor initiatives, such as the Tallinn Manual. He calls on states that now is the time to reclaim their central role in international lawmaking, in the short-term by articulating their opinio iuris more clearly, ….
Cultural and anthropological objects from colonized or de-facto colonized territories have arrived in Europe in great amounts since the 18th century. To keep a finger on the pulse of time, technology and innovation are central to the implementation of the Agenda and the Sustainable Development Goals SDGs.
Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through …. The first part of this post established the intrinsic connection between human rights and the protection of biodiversity, looked at human rights and the environment in international public law in general and examined the conceptual relationship between biodiversity and the environment.
The second part centers around the current approach of the UN Special Rapporteur on Human Rights and the Environment which promises nothing less than a change of paradigm on …. For a long time, the legal and political endeavours to protect humans from violations of their basic rights seemed in no way connected to the preservation of biodiversity. In the past, this paradigm has been reflected by indifferent international responses to biodiversity issues: Whereas the promotion and protection of human rights has in recent decades become a major concern of the international community and the relationship between human rights and ….
Once more, Germany is confronted with compensation claims concerning wrongs committed in the past see on this topic already the post by Andreas Buser. These are exciting times for international legal scholarship — on this point, the interviewers and Professor BS Chimni can immediately agree. But what are the consequences of recent challenges to the international legal order for critical approaches? A fascinating scholar, an enthusiastic teacher, and an effortlessly charismatic …. Weltkrieg geltend zu machen. Einigen dieser Aspekte soll sich dieser Beitrag widmen.
Nie verheilte Wunden? This was seen as a huge step forward for human rights in Asia. Its wide-ranging features already sparked a lively debate in the blogosphere see here, here and here. Her activism had earned her the Goldman Environmental Prize and years of threats and intimidations by state and non-state actors, which led to the Inter-American Commission ….
As the doors were closing on Churchillplein 1, the Hague, the former home of the International Criminal Tribunal for the former Yugoslavia ICTY , only a short walk away a new institution began preparing indictments for war crimes committed during the Yugoslav wars. Such a case would be the first of its kind and, if successful, would create a strong message for the universal prohibition of gender-based crimes for all sexual …. Die Verfahren gegen Arab Bank Plc. In dem Fall Jesner v. The reach of intersectionality in Germany has been such that as many disciplinary fields as sociology, cultural studies, ethnology, history, law, philosophy, psychology, migration studies, public policy and of course, gender studies have been touched by it.
Whether approached as a theory, heuristic device, method or conceptual tool, intersectionality has been acclaimed as one of the most powerful contributions to feminist scholarship by a number of authors. Numerous feminist scholars …. And the EU seems to be trying to do something about it. Yet the consensus is that the EU is failing miserably. One of the most effective critiques of the Union on this point is that the position of Romani people has actually gotten worse since their countries joined and they …. Patricia Tuitt is a UK based legal academic with a sustained track record of teaching, research and strategic management within the field of critical legal studies.
She has written extensively on international refugee law and the European Union, engaging critical race and postcolonial perspectives in various contexts. In this interview, she was willing to speak about her understanding of critical race theory and of its significance for international law. These themes deserve their own in-depth analyses, although …. Yet, many of …. Already in the s, Franz Boas and his students began to challenge the Eurocentrism, modernism and colonialism of anthropology. Instead, they acknowledged ….
The conquest of Algeria introduced in French law new chapters pertaining to the treatment of indigenous people. In fact, the French Algeria gained the status of department in and then, was incorporated into the territory of France with, normally, the application of the Code Civil, the civil law. However, the colonial authorities developed in parallel a set of laws with the intention to exclude native Algerians from nationality and …. Nicht nur in Deutschland. Seemingly, these victim classifications all have a racial denominator in common. Yet, how does international criminal law in general and the law of genocide in particular define ….
We take inspiration from the important work of critical race theorists who posit that racism is not simply a matter of individual prejudice …. Jackson called for in his opening statement before the International Military Tribunal in Nuremberg. While international criminal law was only applied against German aggressors at that time, the U.
Chief Prosecutor emphasized that the condemnation of aggressive war should be the benchmark for any other nation in …. Meeting the challenges of the 21st century globally linked information-society, it took the EU-institutions more than four years and almost 4, amendments to finally agree on a compromise text. It is accordingly seen as being responsible for the polarization of international relations by many Western States.
Moscow tells a different story of the deterioration …. This piece is about the growing number of politically-motivated charges and convictions against human rights defenders in Russia and the absence of credible monitoring or audit procedures to hold judges and public prosecutors to account for their misconduct. Despite political backlashes to judicial independence in countries such as Hungary and Poland, Europe is generally perceived as a powerhouse for a strong and working justice system in which courts protect human ….
In the UN Security Council, the Russian Federation has repeatedly put forward in no uncertain terms its stance regarding humanitarian intervention and its concern that this fairly recent concept may be misused to press Western influence and regime change. When speaking of the role of Russia in the contemporary international legal debate, it is helpful not only to focus on particular topics and questions, but — as with all other debates — to start with the question, at what levels and in which formats such a legal debate takes place; which actors are actively engaged in it or can actively participate in it, and what impact it has.
Climate change scientists have suggested that there is a high likelihood that the Arctic sea ice cover will get thinner and continue to shrink. Likewise, the Northern Hemisphere spring snow cover is expected to decrease during the 21st century as global mean surface temperature rises. Are the current international legal mechanisms sufficiently equipped to respond to …. A rare mea culpa emanated from the leading international development institution, the World Bank, last week. My main aim is to ….
In our first and second post, we have considered the status of the Sea of Azov and Kerch Strait and, on that basis, identified passage rights of Ukraine that could potentially feature in the proceedings before the arbitral tribunal established under Annex VII of UNCLOS. In our present and last post, we inquire if or to what extent these potential Ukrainian claims could fall within the jurisdiction of the arbitral …. Based on …. This is probably the best illustration of ….
In terms of the big picture, even more important is the question whether the country has made any systemic progress in terms of human rights protection while being part of the Strasbourg system. How could the paradox be explained that …. It has been in planning for a while, and we were enthusiastic about the response to our call for contributions.
Politically: Russia, belonging to the five permanent members of the UN Security Council, plays an important role …. Yet, one of the most dividing points in international environmental law has remained untouched: whether — when considering environmental rights and obligations — nature should be the carrier of rights and thus be protected for the sake …. Turkish President R. Nach knapp 12 Jahren stockend verlaufender Verhandlungen, verbunden mit massivem wirtschaftlichen Druck auf Iran, konnten sich am Dieser Meilenstein, insbesondere in den amerikanisch-iranischen Beziehungen, wurde durch die Wahl des moderaten Kandidaten Hassan Rouhani in ….
Oftmals …. At the same time, there are questions that no single discipline can answer. He also named the challenges on the way forward, particularly the need to avoid competing regulatory initiatives and finding an end to impunity of PMSC. This blog post will continue the discussion and focus on five key challenges for legal scholarship focused on PMSC. Misunderstandings of Legal Terminology As Sossai highlighted, ….
Der Fall betraf den Polizeieinsatz vom 9. Dezember im Zusammenhang mit einem …. Am Ende ging es ganz schnell. In her contribution on the newly created right to tourism, Sabrina Tremblay-Huet convincingly states, that the social and economic phenomenon of tourism has been widely disregarded by the social sciences, law and philosophy due to the focus of the academia on migration. We invite contributions that address questions of race in various areas of international law, those taking comparative ….
The movement of bodies across borders attracts significant media and academic interest. This interest is often directed at specific forms of movement, such as refugees and economic migration. Another form of movement of bodies is having an important environmental, cultural, social and economic impact, albeit more quietly in the human rights realm: that of tourism, most especially mass tourism.
Leisure tourism is not widely recognized as a serious area of …. This symposium is meant to offer insights from scholars working on international law issues related to Russia, to shed light on specific questions from the Russian context, and on Russian perspectives on international law. Russia is among the five permanent members of the United Nations Security Council, occupying a central place in UN law-making and …. At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more ….
Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights ECHR — and thereby the key question in all regulation …. The overwhelming majority of the more than Most of the migrants landing in Italy departed from wartorn Libya.
Italy seems to have …. Over the past twenty years a lively debate on the regulation of private military and security companies PMSCs in situations of armed conflict has developed. The time has come for an appraisal of the rich literature on the phenomenon. This post which is written in the context of the journal cooperation with the Swiss …. As Oklopcic underlines, the past 15 years have …. Scheduled to take place on 1 October , the referendum on the independence of Catalonia looks to be a turning point in the history of the Iberian peninsula; if not a point of no return, then at least the moment after which the relationship between Catalonia and Spain will never again be the same.
Though it is hard to predict what will happen on that day—the Spanish Constitutional Tribunal has ….
- OTTO WEININGER?
- Do As I Say and Not As I Do;
- Der Erste Weltkrieg.
- Buying Options;
Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should i empower individuals to enable them to make claims and ii expand its current …. It aspires to introduce or amplify refreshing and innovative approaches to perennial as well as topical issues in the field.
German legal scholarship has a reputation for being quite orthodox. Amid doctrinal sophistication and positivist assumptions, however, lie hidden treasure islands of heterodoxy. The Academy explored different ways in which law shapes and regulates …. Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public.
Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction. In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging.
These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international constitutionalism, and appears to …. In July , European citizens set sail in a self-prescribed mission not to bring someone home, but to prevent others from calling Europe home. The loosely affiliated Generation Identity, consisting mostly of activists from Austria, France, Germany and ….
Book reviews are perhaps a difficult format for academic writing. After all, what we all like to do best is talk about ourselves and our own ideas and why we are right. Perhaps this is why so few scholars, in …. Latin American constitutional scholarship is on the rise in the Anglophone world. Am Montag, den The idea and the reality of the Global South represent different types of epistemological challenges to the disciplinary identity of comparative constitutional law.
One reason it is an oddity is because of its disciplinary hybridity. That is to say, it is neither fish nor fowl — it is neither fully a discipline of comparative constitutionalism nor is …. However, as has been noted elsewhere, the term is far from being used in a uniform way. In her recent post, Sabine Witting discusses the case of trafficking that is exclusively committed online. The South African constitution has been lauded for its inclusion of justiciable socio-economic rights.
Yet, making claims flowing from these rights remains inaccessible to many people across the country. This blog post based on a paper being presented at a conference in Berlin on Constitutionalism in the Global South seeks to consider the obstacles relating to access to justice for socio-economic rights claims in South Africa and potential solutions. Transformative constitutionalism is a somewhat fuzzy notion.
Reflecting about its exact meaning, one wonders what it actually is that distinguishes transformative constitutions of other types of constitutions. On the surface, the qualification as transformative signifies that a constitution contains norms that describe a particular aim or status to be reached. In the German context, one might for example think of Article 3 2 of the Grundgesetz requiring the state to …. Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content.
In this post I introduce a different understanding of authoritarian constitutionalism. For Mark Tushnet, authoritarian constitutionalism is an intermediate normative model between liberal constitutionalism and authoritarianism that …. While scholarship in comparative constitutional law is booming, this anniversary conference is an unusual event in at least two ways: It is asking particularly about the role of the Global South in comparative constitutional law, and it does so with a group of speakers that is mixed, if not dominated by voices from the Global South.
And indeed: This conference is meant to be not just a reflection of current …. We will accompany this conference with an online symposium also featured on the blog of the International Association of Constitutional Law. The symposium is not only intended to make the conference …. More than one year after the dead body of the Italian Ph. The circumstances of his death cast a shadow of suspicion over potential involvement of either Egyptian police forces or secret services in the killing.
Egyptian authorities initially denied any allegations, consistently maintaining unconvincing accounts. The digital era has changed the traditional realm and modus operandi of organised crime, such as human trafficking. With the increasing access to and usage of the internet, major criminal activity has expanded to the online sphere. Law enforcement around the world is however largely not prepared for combatting cybercrime. Many states have not yet reached the capacity of drafting cyber specific legislation. In Africa for example, only 11 states …. Die letzte Rakete ist am The Michigan Guidelines are a document in which legal scholars summarize the existing international laws of refugee protection on one particular aspect.
They are used by courts interpreting the law and thus stand themselves at the threshold of the legal.
At any rate the guidelines can frame debates about the legality of state actions in …. Sie tragen die wesentlichen Rechtsvorschriften zusammen …. Michel diesen Punkt subkutan, aber auch explizit, thematisiert. Mit der Argumentationsfigur vom gemeinsamen kulturellen Erbe der Menschheit werden solche Forderungen oftmals ….
The case of Piero Foresti, Laura de Carli and others v. Notwithstanding this observation, the …. International cultural heritage law is a vast and complex field of research which involves many actors, as the previous contribution by Adrianna Michel shows. In response, we would like to give a couple of thoughts on two of the issues raised by the author: the role of the International Criminal Court ICC , and the role of non-States actors.
Unersetzliche …. If the number of female judges in an international tribunal is one out of twenty-one, as in the case of the International Tribunal for the Law of the Sea ITLOS , we can assume that there is a problem. But, as Nienke Grossman also explains here, because women are just as qualified to serve as ….
Jahrhundert …. Although both approaches, the human rights and a more gender-focused feminist one, may have the same goal this is a tricky and crucial distinction to be made. However, any critique of International Courts would be limited without a critical analysis of their output, the all important judgment! Instead of performing the usual academic critique of where the judgment was lacking in some analysis or form, another way to ….
While the International Criminal Court ICC has always been subject to criticism and is maybe currently facing its biggest crisis with member states withdrawing, the things that are actually going quite well must not be forgotten. It is time to reexamine the ICC from a different perspective: the feminist one. Her scholarship offers statistics about the numbers of women judges, their development over the last years and the respective distribution along nationalities; it examines causes for the exclusion of women, and discusses reasons for claiming a more equal composition of benches.
While directly concerned with the representation of women in …. In the upcoming days, we are very glad to host a symposium on feminist critiques of international courts. Where to begin when introducing this topic? There is much to say about the particular role of international courts for international law, and equally much about the role of feminist perspectives for international law. Courts are not just institutions, in which a decision is rendered about the interpretation of law in a ….
As to the US claims on the violation of the Nuclear Deal, reached …. In der Nacht vom 6. Syrien bestreitet allerdings den Einsatz …. I could not be happier that this book symposium turned out to be a forum for such wide-ranging and critical commentary about targeted killing. All contributors offer nuanced readings of my book while extending the analysis in several significant directions. In appreciation of both these aspects I want to use this opportunity for a brief response to describe the scope of the book — drawing on the contributors reading of ….
Im Gegensatz zu seinem amerikanischen Amtskollegen gilt …. With these disclosures, the apparently extra-legal killing of bin Laden took on a second life as a hyper-legal killing; a killing authorised by precedent and legal …. When the US Pentagon confirmed the use and deployment of depleted uranium munition in Syria, an armed conflict having by far exceeded the level of a civil war, on the 16th of February , it did not take long for public outcry to follow.
On a clear November morning in , Hussein Abayat, a senior official in the Fatah faction Tanzim, was killed by a hellfire anti-tank missile fired from an Israeli helicopter. When the incident was announced later that day, instead of the regular official denial of any direct involvement by Israel in the attack, the Israeli defense minister went on live radio, openly boasting that the IDF did it. On 14 March the CJEU upheld the banning of the visible display of any political, philosophical or religious sign in the workplace.
As a future consequence, European companies may introduce certain rules to prohibit other religious, political and philosophical symbols. The cases involved two female employees in France and in Belgium, who were dismissed for refusing to remove their headscarves which covered their hair and neck, but left the …. Offering a meticulous account of history and practice, the book highlights the law and politics of protection in the dispute on killing to protect. Targeted killing is a response to the …. Both the descriptive accuracy and normative implications of this position have been challenged.
One of the difficulties of trespassing disciplinary …. The case has set Israeli public debate ablaze for almost a year now, and was widely reported abroad. As a video released by the human rights group Betselem revealed, Abd Al Fatah A-Sharif was wounded and lying, face down, when Azaria approached and shot a bullet through his head.
A-Sharif had stabbed an …. Markus Gunneflo is a postdoctoral researcher and lecturer in public international law at Lund University in Sweden. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …. The Nuremberg trial often stands as a nostalgic memory in the minds of international criminal lawyers. Two principal questions guide the reader through the book: Can history be judged, and if so, by what means? And can accountability mechanisms and the applicable law ever be neutral given their historically influenced evolution?
Priemel questions the success of Nuremberg, given its selective focus on only certain parts of …. Februars nach …. A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions.
These instruments are paving the way for the future development of international agreements and play an …. The authors and editors of the special issue on sovereign debt restructuring are highly grateful to the contributors to this symposium on sovereign debt for their thought-provoking contributions. As I have highlighted in my initial post, this special issue is as much about improving the current practice of sovereign debt restructuring as it is about legal engineering — in this case, about instigating incremental progressive development in a crucial policy ….
This post continues the earlier part I. As the 19 January deadline approached, without Jammeh showing any inclination to resign, the crisis deepened. In keeping with the timetable foreseen in the Gambian constitution, …. The crisis had started to unfold …. Millions of dollars worth of smuggled elephant ivory intercepted by customs officers each year, shipping containers filled with hundreds of tonnes of illegally traded pangolin scales and kiln-dried geckoes, forests plundered for high-end timber species, rampant criminality in the fisheries sector, and the illegal disposal of hazardous waste across borders: in a report released in June , INTERPOL described environmental crime as a growing international problem that threatens natural resources, ….
Staying of enforcement plays a topical role in sovereign debt litigation as enforcing a debt claim may have a negative impact on the dynamics of restructuring processes and the regular functioning of financial markets for sovereign debt. As a response to this problem, in January the United Nations Conference …. In the context of domestic insolvency laws, this evaluation is made possible and enforceable through detailed priority structures designed to favor certain creditor groups over other.
When the debtor is sovereign, however, creditor priorities are only …. Events of historic proportions often feel anti-climactic. The exchange was not purely voluntary, since the majority of bonds were subjected to Greek law and an amendment made the offer compulsory for …. The Point of Departure Regionalism continues to increasingly develop in various fields of law. Abdoulaye Soma, who acknowledges the birth of an African international criminal law, analyses one of its specificities: the crime of unconstitutional changes of government.
Anyone interested in legal issues surrounding sovereign debt should pay careful attention to the last special edition of the Yale Journal of International Law in which a framework is set forth to ensure the progressive development of orderly sovereign debt restructurings SDRs. The sovereign debt crises in the Eurozone, in Argentina, or in Ukraine have highlighted that the current international legal regime on sovereign debt is ill equipped to resolve the bankruptcy of nation states.
Yet, when it comes to possible reforms, policy-makers and experts have been divided over two opposing solutions: A contractual one, which favors contractual clauses enabling a majority of the creditors of a sovereign bond to restructure it, …. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. More fundamentally — what is the best way of studying international criminal justice and its effects …. Fulda geht auf Parallelen und Unterschiede ein, vergleicht ….
Die UN und das Prinzip der kollektiven Sicherheit sind aus der heutigen Weltpolitik nicht mehr wegzudenken. Dort wurden sie Koine Eirene griech.
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Ist unser heutiges globales Friedenssystem nur eine Kopie der Antike? Im Jahre feierten wir 70 Jahre Vereinte …. Since October , the German Historical Museum has been dealing with the past and presence of German colonialism in a special exhibition see here — for the first time ever. But German colonialism is not only a dusty artefact exposed in some German museum.
Instead, it continues to haunt the German State in the form of claims for reparations by the descendants of the victims of colonial injustices. While German …. Kein Wunder, dass Verfechter der Menschenrechte zuweilen die …. Der He takes issue with the legal nature of the referrals, in which he finds the legitimation of a double standard of international justice in the Rome Statute.
He also sees a double standard in the referrals themselves. That is, the referrals under Article 13 b are …. The Council has done so for the first time in in the case of the atrocities committed in the brutal civil war in Darfur, Sudan. That referral resulted inter alia in two open arrest warrants …. The digital revolution is hitting the shores of academic publishing. Online resources increasingly gain ground, and open access has become the call of the day — and a hotly debated issue.
Political and academic initiatives favor and fund open access, for instance the digital strategy of the German Ministry of Education and Research or the Open Access initiative of the Max Planck society. For its advocates, open access promises …. Here we are. It could seem a bit obvious to start with this overwhelming event, but it is truly important to stress that the recent results of the US elections will have far reaching consequences in many fields of international law, including the one that this post is dealing with: the yet unsettled complex set of issues of extraterritoriality with respect to surveillance practices.
Indeed, one of the foreseeable developments …. Schon seit dem Urteil Klass gg. Have you ever paid for surveillance measures? Not indirectly through taxes, rather directly? And have you ever installed the measures in your home? If you think that this is an absurd question, do read this blog post. It relates to four trends I would like to point out to you: the constant development of the internet of things IoT adds a whole new dimension to the problem of surveillance 1.
In this short piece I will argue that international law, in order to gain access to its revolutionary potential, needs to create a new linguistic opening. This linguistic opening needs to be located within the expression as opposed to content of international law. In this sense this piece is not situated on the continuum of the existing international law and literature studies.
It also develops an argument different from widely …. Latin America is a peculiar region in relation to protection through asylum. However, among the Arab states, only Egypt and Yemen have signed the Geneva Convention of on the status of refugees.
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While nation states in the West have long offered the possibility of full citizenship to immigrants and refugees, it is surprising that the …. Since the s, the southern border of the United States — spanning miles of international border between the United States and Mexico — has been the site of significant migration from Central America. Over one million Central American refugees crossed into the United States from the late s to the early s to escape civil wars in Guatemala and El Salvador, while thousands more went to Canada, Mexico, Costa ….
Migration recently has been discussed in a very negative context. As Europe and the US moved towards right, we have to rethink human mobility and push for informed debates. Terminology used to describe migration and refugees is old, out dated and problematic. They were largely designed for the Cold War era and for a special category of people. The Geneva Convention had set the ground rules for treating refugees. This is surprising, given the vital importance of land, a finite resource, for a variety of human rights. These include access to life-sustaining resources, such as food and water, as well as other means to ensure an adequate standard of living as codified in Art.
Lawyers and political scientists from Germany, India and Brazil will reflect on the global scramble for land in local contexts. Land as such is a rather localized phenomenon, but land governance matters in much wider political, economic, social and ecological contexts: Control over land has always been …. This summer he spent some days at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg for a conference on the implementation of judgments of the regional human rights courts.
We had the opportunity to meet him and discuss about new …. He was sentenced to nine years of imprisonment — the lowest sentence imposed by the ICC thus far. Although Mr. Russia no. The complaints lodged by three same-sex couples concern the inability of same-sex couples to register for marriage under Russian legislation and the lack of other means of giving legal status to the relationship of same-sex couples, as marriage is the only legally recognised union in …. Intellectual Property Laws across the world is intended to provide incentives to creators, authors, innovators and businesses by granting them monopoly rights usually for a limited period.
Those rights would reward their efforts, help recoup their investments and profit from their contributions to society. However, due to inconsistencies and loopholes in law coupled with the ineffectiveness or challenges in enforcement, society suffers from certain monopolistic, controversial and certain unfair trade …. These dynamics …. He was referring to the situation in Europe and particularly in Germany, where after the successive closure of the Balkan route and the agreement between the EU and Turkey in March as ….
Nach der Krise ist vor der Krise. All the three distinguished authors have looked at the multifaceted problem of legal formalization of the OSCE from various angles andhave provided rather helpful reflections on the current state of affairs. This contribution deals with the issue in a broader political context. Should the OSCE finally be endowed with legal personality? I have a hard time positioning myself in the debate. Obviously, I understand the argument — brought forward at the conference on the legal framework of the OSCE mostly by practitioners working at the organization, but also by Niels Blokker see the introductory post , — that legal personality would make work at the organization much easier.
It is quite apparent that …. While before the Ukraine crisis the OSCE may have laid relatively dormant, the events in Ukraine allowed the organization to reclaim its position as a pan-European security forum. However, in the absence …. This …. Despite its name, the OSCE is not an international organization in the public international law sense and lacks international legal personality.
One of the main consequences in practice is that OSCE personnel sent abroad …. Elif Askin picked a current, important, and yet rarely discussed issue for her insightful post and offered a compelling perspective on human rights law and arms transfers. By transferring arms to regions where the human rights situation is precarious, Germany risks to contribute to human rights violations, as Elif has highlighted. I will use this opportunity to take up the example of Germany and look at how the human rights situation …. Strong reservations arguing that these weapons might end up in the wrong hands and likely be used to commit human rights violations were voiced, especially considering ….
The factual background is as follows: intended parents residing in a country with a higher average income, travel to a country with a lower average income, usually in eastern Europe or the global south, to make use of the services of a surrogate mother, and then return to …. Whether surrogacy is ethical or not is subject to lively debate. But so far, it is the prerogative of each sovereign state to decide whether to allow or forbid in its territory the provision of surrogacy treatments, according to its own national values. Furthermore, conflicts associated with natural resources are more likely to relapse into violence within the first five years of a peace agreement.
Fortunately, an increasing number of peace processes and related agreements include natural resource provisions on a direct or indirect basis. For these and other reasons, resource-sensitive mediation and dispute resolution is becoming an ….
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The Promise of Peace Mediation Navigating norms in peace mediation is possible through understanding what mediation can or cannot achieve. This means determining whether it is indeed the best option for third-party intervention in a given context. Mediators have limited power. They can facilitate, cajole or encourage the parties, but they have …. A reply to Christian Tietje Attempts to conceptualize the foundations of and crucial questions around investment arbitration are most welcome, as the field gains not only public attention, but also increasing importance for investors as well as receivers.
Christian Tietje, claiming in the title that investor-state arbitration is a part of the international rule of law and, therefore, a mechanism for upholding it, touches on what may surely be called …. Investor-state arbitration is not only the most heated topic discussed in international economic law, but it also has become an important political issue more generally.
Indeed, it is amazing to see how a topic that, some years ago, interested only a handful of international economic lawyers and very few academics has emerged today as an issue on which everybody has an opinion. Moreover, there seems to be only one direction …. But the name is a misnomer. In most legal systems these days, most disputes and conflicts are settled or resolved in some way short of a formal trial — through an ombuds a person who works for the government or for private industry by ….
Today, a vast array of treaties exists, both multilateral and bilateral. They regulate almost every aspect of human interaction and cover such diverse fields as the environment, trade, outer-space, human rights, organized crime and terrorism. For example, over multilateral treaties are deposited with the UN Secretary General alone and more than bilateral investment treaties exist. The majority of these treaties are concerned with standard setting, that is, the …. We take this opportunity to reply to both posts and to reflect on some further themes coming out of the ICON-S panels that dealt with the megaregionals.
In a post of 13 June to this blog, the authors addressed the financial crisis of the Inter-American Commission on Human Rights, characterized it as a result of state dissatisfaction, and portrayed it as an opportunity to reimagine the role of member states and the organs of the Inter-American Human Rights System the Commission and the Court. I agree with the authors that the financial crisis goes beyond the issue ….
Global international economic relations have been constantly evolving since the institutionalization of the GATT. The majority of African countries signed into the World Trade Organization in , whether because of a desire to join the multilateral trading system, or as a condition of loans from the IMF and World Bank during the heyday of the Washington Consensus.
The multilateral trading system has been quite efficient in mitigating the hitherto …. I am grateful for the opportunity to participate in this symposium and would like to congratulate the MegaReg team on their efforts to draw attention to a fascinating series of developments in international law, and the authors of the working papers on providing thoughtful commentaries to form the basis of these analyses. Stewart draw out some common themes relating to the ….
Second, he explains the meaning of recognition as a requirement for the formation of a state. And third, he sets forth the legitimacy argument by concluding that because of the lack of the rule of law, the …. The so-called Islamic State has triggered a wave of commentary ever since it emerged as one of the leading military groups in Syria and further captured vast parts of Iraqi territory in mid What seems to have received only little attention this far is its legal characterization.
Three key themes are developed. Each of them gives rise to diverging interpretations as …. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court ICC. The new chambers could either be upstream or equally ranked with …. The Protocol foresees the creation of an integrated African Court of Justice and Human Rights featuring a human rights chamber, a general affairs chamber and a criminal law chamber that has jurisdiction over natural ….
April , Beschwerde-Nr. These involve stories about stateless persons, for whom their state of residence decided to buy citizenship of another state, stories about the merchandising of passports for a global elite, and stories of a man who decided …. A response to Birgit Peters. Peters emphasizes what she understands as a shift from traditional regulatory approaches that frame the Arctic as a common heritage and common concern, focused on prohibition, to an integrated approach focusing on sustainability.
Peters in this respect discusses the role of …. Climate change in the Arctic Climate change, in particular global warming, is an inevitable fact. Nonetheless, it will hit different regions of the world differently. Of all regions, the area most affected by future temperature change is the Arctic. This is the part of the global north, which is situated above 66,3 degrees latitude. Here, differences in temperatures are predicted to rise at least 3 degrees Celsius compared to the ….
The international legal order finds itself in turmoil. The crises in Ukraine and Syria, the questioning of the authority of the ECtHR, the opposition against the ICC by African states and the rise of global terrorism can all be interpreted as crisis symptoms justifying the need for a re- assessment of the current state and future of International Law.
The illness caused by this virus is very rarely fatal, and it causes mild symptoms: rash, headaches, conjunctivitis, sometimes fever and joint pains. The last quarter of century registered the resurgence of infectious diseases, that the medical community deemed to have defeated with the global vaccination campaign.
The global health governance …. In theater, the peak of a play in which all strings of the story converge and the intrigue is resolved, is called the climax. Regional integration in Africa has been regarded as a necessary step towards accelerated development on the continent. The belief is that greater gains would be made if states pooled their resources together rather than act individually.
Despite elaborate regional goals and objectives, regional institutions in Africa have not been effective in facilitating development, for two major reasons. First, they have significant capacity deficits, especially considering the weakness of their members …. During the Ebola-crisis , states have widely ignored the measures recommended by the World Health Organization WHO and have interfered in the fight against the disease. After the first appearances of the Ebola epidemic in December , the disease spread wide and fast, exceeding any previous Ebola epidemic with regard to incidence and prevalence and was declared a pandemic by WHO.
Before , the outbreaks of this highly infectious disease were locally restricted and primarily situated in rural areas. The latest outbreak of this epidemic, however, expanded to the urban population as well as across borders. The recent Ebola crisis that shook West Arica, exceeded any previous Ebola epidemic and later was declared a pandemic by the WHO not only stretched local health care systems, but also revealed deep structural deficiencies in the international response to health issues of such a scale.
The outbreak of this virus that crossed boarders easily and cost the lives of so many people raises fundamental questions regarding the actors and …. I am grateful to all participants of this symposium for their thoughtful and generous commentaries. The strange truth about book-writing, which I suppose all experienced hands know and I discovered as a first-time author , is the void that follows once the manuscript is finished.
The book then disappears into the publishing process, and gradually snakes on to the desks and reading lists of other scholars. The author might wait months …. The choice of the subject-matter alone shows that Ranganathan puts legal concepts into political context. She outlines the inherent limits of international law which cannot prevent states from creating new treaties to undermine existing commitments.
However, international law may constrain policy-makers by steering them towards legal …. Some years ago, I published a slender book on the topic of treaty conflict. Zooming in on the treaty relations of member states of the EU, I found that international law had little to say about treaty conflicts involving different parties.
If party A has incompatible treaty obligations with states B and C, then it just has to make a choice or, as a German scholar and later EU judge …. This assessment, however, reveals more about myself and how I would approach the topic than it does …. International legal scholarship tends to address the political substrate of international law in one of two extreme modes: either by not dealing with it at all and engaging only with the doctrinal surface; or by being entirely consumed with it and reducing doctrinal form to insignificance.
Maximilian Oehl started his text spelling out the abbreviation …. Law Clinics kannte man einst nur aus dem US-amerikanischen Rechtskreis. Neben …. A response to Maximilian Oehl In his thoughtful post, Maximilian Oehl placed TTIP into the wider context of the world trade system and discussed some of the critical questions surrounding the negotiations. While there is certainly no fault in the portrayal of events and facts presented, it may only be one view of the cathedral. Let me add a slightly different one. The present Turkish military interventions in Syria and northern Iraq continue to raise the question of when States may use defensive force against armed non- State actors in other States.
It is one of the ongoing and legally disputed actions of multiple, state and non-state, actors involved in the Syrian conflict. This post analyses the international legal implications of the ensuing military action by Turkey, especially the meaning of ius …. Nevertheless, political leaders are determined to follow through with the undertaking ….
Representative democracy is the most widespread political system in the world today. At the same time, in a number of countries, democratic institutions and guarantees are subject to erosion with severe consequences for the respective population. This means, for example, that state …. In this contribution, I look at the first state-led prior consultations which were implemented in the Peruvian Amazon.
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