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- » Bevölkerungsstruktur - Fertilität - Geburtenentwicklung - Migration - Sozialstruktur (1)
Support for international human rights law (IHRL) is one area where most international lawyers would have a hunch that the European Union fares better than the United States overall. In this article I focus on Pollack’s dependent variable, “support” for international law, and its four dimensions: leadership, commitment, compliance, and internalization and investigate this hunch. I find that the conventional contrast between the US and the EU with regard to their support for IHRL is valid, with respect to political support for IHRL, but less so for judicial support. I argue that the marked differences between the EU and the US in the field of political support for IHRL are best explained by the thickness of the institutional human rights regime with respect to EU member states In the case of judicial support, the CJEU shares with the US Supreme Court the reflex of protecting its own constitutional autonomy, despite the comparatively better legal resources at its disposal to support IHRL.
This book tackles an old, but ever relevant question: does international law enjoy legal authority over domestic orders? If so, what is the form and extent of the authority of international law? The book answers the first question in the positive. International law enjoys authority over domestic political and judicial organs. Such authority, however, has sui generis characteristics. It may not be conclusive authority. It may also not demand blind obedience. What international law demands at the very least is minimalist deference. The book answers the second question by holding that each and every international law does not make identical claims to authority. What form and extent of authority international law enjoys depends on whether a particular international law imposes a strong, a weak, or a rebuttable duty. The duty of a domestic judge and politician is to reflectively ask and engage with what kind of a duty she is engaged in when bringing the international law’s authority back home. The book has a decidedly practice-based and doctrinal approach to the questions it sets for itself. It demonstrates that realists, rationalists, and more recently democratic theorists have long attacked international lawyers. It is time to respond by offering a defence of the authority of international law and how it functions.
Does the remedy jurisprudence of the European Court of Human Rights do enough for media freedom?
(2015)
The rise in inequality has been explained with reference to organized groups and the lobbying of the financial sector. This article argues that the image of politics as organized combat is contradicted by empirical evidence on lobbying in the United States, and does not travel well to Europe. The power of finance does not operate through
organized political influence. Rather, politics in the interest of capital unfolds as a structural feature of advanced economies over time. Tellingly, at the height of the financial crisis, one of the most promising strategies of institutions seeking government support
was not organizing for combat, but collective inaction. Our challenge, then, is to explain how the power of finance has built up and is playing out in creating inequality. A more structural, less agency-focused perspective highlights how the rise of finance has been supported by actors that few would accuse of being finance-friendly, such as the European center-left parties and consumers. Reconceptualizing the power of finance has important implications for political solutions to rising inequality.
This study examines the importance of parental health in the development of child behavior during early childhood. Our analysis is based on child psychometric measures from a longitudinal German dataset, which tracks mothers and their newborns up to age six. We identify major changes in parental health (shocks) and control for a variety of initial characteristics of the child including prenatal conditions. The results are robust to placebo regressions of health shocks that occur after the outcomes are measured. Our findings point to negative effects of maternal health shocks on children’s emotional symptoms, conduct problems and hyperactivity. We estimate that maternal health shocks worsen outcomes by as much as 0.9 standard deviations. In contrast, paternal health seems to be less relevant to children’s behavioral skills.
The United States and European Union have focused on improving the practices used to develop and implement legal requirements as a way to improve the quality of regulations themselves. Transparency in the regulatory process, from determining regulatory goals, to evaluating alternative means to achieve those goals, to enforcing regulatory requirements, features high on the agenda of cross-cutting government reform programs that address the issue of ‘regulatory quality.’ This article examines the transparency of procedures in the US and the EU related to impact analysis and public comment. It examines the importance of transparency for ensuring the effectiveness of these two regulatory practices, summarizes regulatory procedures in the US and the EU, compares the different approaches, and highlights the relative merits of each.
This paper uses the case of the reform of the German employment administration to explore the usage of performance management approaches within multi-level governance settings. It traces the adoption and accommodation of the performance management approach to govern the joint service centres (called ‘Jobcenter’) at the local level within the multi-level administrative coordination regime in Germany’s federal system. A contribution is made to nascent debates about the potential of managerial tools in systems of negotiated decision-making. The paper shows how performance management is adapted to the institutional logic of multi-level administrative coordination and serves as a facilitator of cross-level coordination.