Journal Service - Georg-August-Universität Göttingen
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The Montreux Convention and its Importance for International Peace and Security
No full textSince its conclusion, the Montreux Convention regarding the regime of the Straits (1936) constitutes an important pillar of the international order. This may be proven by many historical events from the 20th century until today: From the application of the Convention in WWII to its recent invocation in the ongoing Ukrainian conflict. The Convention’s significance derives from its subject-matter, the freedom of transit through the Dardanelles/Turkish Straits in regard to the warships and aircraft in time of peace and in time of war. This is a legal analysis of the Montreux Convention under the scope of International Law providing a brief look at the historical background of events that have led to the signature of the Convention, an extensive presentation of the legal framework of its provisions regarding passage of warships and overflight of aircraft, as well as, some thoughts on its importance for the international peace and security
Reprinted Excerpt from Writing Backwards: Historical Fiction and the Reshaping of the American Canon (2023) : by Alexander Manshel, and an Interview with the Author
No full textAlexander Manshel talks to the editors about his first book, Writing Backwards: Historical Fiction and the Reshaping of the American Canon (Columbia University Press, 2023), part of which is reprinted here with his permission (Chapter 2: The Making of the Greatest Generation). As the author writes, the book argues that over the last forty years the American literary field has transformed to celebrate narratives of the historical past over all other literary genres. In this period, key literary institutions—from the National Endowment for the Arts to major literary prizes and university English departments—have worked to promote the idea that historical fiction is singular in its artistic seriousness, its pedagogical utility, and its political potency. This shift in literary value has gone hand in hand with the increasing recognition and canonization of Black, Asian American, Latinx, and Indigenous writers in the United States: that is, the vast majority of minoritized writers who have been consecrated by these institutions over the last four decades have been celebrated for writing about the historical past
The Sunjata Fasa: Performance and Social Identity in the Mande World
No full textThe Sunjata Fasa is a heroic song narrative celebrating the medieval ruler Soundiata Keita, who unified the Mande empire. This article explores how the performance of this narrative by jaliw/djeliw (griots) reflects and renews the philosophy of a precolonial society that has learned to maintain a sense of itself and its origins while also allowing the space for individual expression and artistic development and change. These performances of the Sunjata Fasa are a critical method through which Mande culture and language is dispersed throughout the Mande diaspora. Through the spreading of the epic, the borders of the Mande kingdom are expanded and renewed, unlocking elements of social dynamism within individuals and creating a larger sense of community among the Mande diaspora. Through the examination of the Sunjata Fasa and its relationship to Mande society, language, and history, this article examines the dynamic relationship between Indigenous languages, social institutions, and musical performances
A United Nations Peacekeeping Mission Tested to Its Core: UNIFIL on the Verge of Needing an (Even) More Robust Mandate?
No full textPursuant to Art. 1(1) of the Charter of the United Nations, one of the purposes of the United Nations is the maintenance of international peace and security. It was within this objective that the United Nations created the concept of peacekeeping operations amid the Cold War. Following the adoption of Resolution 377(V) (1950) by the United Nations General Assembly, the United Nations Emergency Force in the Suez (UNEF I) was established as the first peacekeeping operation in 1956. The United Nations Security Council followed this precedent in 1960 with Resolution 143 (1960) and the establishment of the United Nations Operations in the Congo (ONUC). These initial operations have been followed by numerous others, one of which is the United Nations Interim Force in Lebanon (UNIFIL). First established by United Nations Security Council Resolutions 425 and 426 (1978), the mission has been pursuing the objective of restoring international peace and security in the southern part of Lebanon for over four and a half decades, concurrently facilitating the re-establishment of effective Lebanese control over the region. Given the intensification of hostilities between the Israel Defense Forces and Hezbollah in Lebanon in late 2024, UNIFIL has once again been placed in a challenging position. Given these recent developments, the question arises whether the mandate of UNIFIL should be amended to a peacekeeping operation pursuant to Chapter VII of the UN Charter and further if it should be empowered to use force proactively, meaning offensive use of force – i.e., departing from the inherent defensive nature of peacekeeping operations. The essay argues that UNIFIL would be better placed to attain the objectives of its mandate by maintaining a neutral position in the region, thus refraining from an amendment of the mandate pursuant to Chapter VII of the UN Charter and the proactive application of force
Kaffeekater: Fallbearbeitung und Lösungsskizze der 1. Klausur im Bürgerlichen Recht für Fortgeschrittene (Sommersemester 2024)
No full textBei der vorliegenden Fallbearbeitung handelt es sich um die 1. Klausur aus der Übung im Bürgerlichen Recht für Fortgeschrittene (Sommersemester 2024). Die Aufgabenstellung, die Anmerkungen in der Falllösung sowie Lösungsskizze und Erwartungshorizont stammen von Herrn Prof. Dr. Ivo Bach. Die Klausurlösung von Anna Celine Laufer wurde mit 15 Punkten bewertet
Keine Angst vor § 316a StGB! Vorbereitung, Versuch, Vollendung und Beendigung beim räuberischen Angriff auf Kraftfahrer
No full text§ 316a StGB steht – neben zahlreichen anderen Vorschriften des StGB – auf einer aktuellen kriminalpolitischen »Streichliste«. Ob die von der abgewählten »Ampel-Regierung« angestoßene Initiative zur Abschaffung des § 316a StGB von der Koalition aus CDU/CSU und SPD aufgegriffen wird, bleibt abzuwarten. Noch ist der umstrittene Straftatbestand geltendes Recht und Bestandteil des Prüfungsstoffes in beiden Staatsexamina. Bei Studenten und Examenskandidaten ist die Vorschrift – nicht ohne Grund – gefürchtet. Der vorliegende Beitrag möchte ein zuverlässiger Begleiter beim Gang durch das Minenfeld sein und den Leser zu unfallfreiem Arbeiten mit § 316a StGB befähigen
Adding to the Toolbox: Court Published ‘Fact Sheets’ in the EU Legal Order
No full textIssued by the Court of Justice of the European Union (CJEU), fact sheets act as communication tool within the EU legal landscape, serving as informative summaries of key jurisprudence on selected topics. They raise intriguing questions about institutional responsibilities and the broader implications for dissemination of information by courts. By combining traditional legal analysis with empirical insights, this study investigates the regulatory framework governing court-issued fact sheets and evaluates their classification as a form of “soft law.” The article argues that while fact sheets enhance transparency and reduce information asymmetries, they must balance their informational role with the neutrality and core adjudicatory functions of the CJEU. The research highlights both the potential of these documents to support judicial efficiency and informed discourse, as well as areas where refinement could bolster their reliability and effectiveness in the evolving landscape of EU legal communication
To Err Twice: Methodological Pluralism Through the Lens of EU Prison Policy
No full textUtilizing the tension between EU and prisons as case study, this article argues for the necessity of a multidisciplinary EU methodological framework. To address the threat of cross-border criminality, the legal principle of mutual trust has been placed at the core of EU judicial cooperation mechanisms. Mutual trust translates to the presumption of equivalent rights protection, a presumption extending to detention, and on the basis of legal standards comprising the pan-EU penal imaginary. Yet, in light of disparate and inadequate detention regimes, mutual trust proves legal fiction. Consequently, and by ignoring the operation of law in action, the Union has exposed itself to the challenge of regulating and effectively enforcing individual standards in prison. To this end, following a doctrinal approach, EU scholars and institutions advocate for further harmonization of detention at EU level. This article argues that such a motion suffers two methodological shortcomings. Firstly, EU scholarship overly underscores the legal dimension of the issue, too readily framing the problematic situation of detention as a legal problem to be redressed via legislative recourse. Secondly, calls for legal harmonization underestimate the political nature of law as policy, and the perils of perceived (horizontal or vertical) illegitimacy of any legally binding intervention. Framing its enquiry by reference to the question posed in this special issue, the article concludes that, while black-letter research in EU law remains essential, novel challenges and idiosyncrasies of the acquis communautaire demand an evolved methodological toolbox, to better reflect the inherent interdisciplinarity of prison policy in the AFSJ
Country, family and performance traditions: Global challenges and local responses from Kurrindju and the Garfagnana
No full textIn many places around the world, performing ancestral traditions affirms continuity of cultural identity. In that moment you synchronise with past and future generations. Performance in ancestral places embeds this sense of the deep present. Here we contribute a Country-centered perspective on intergenerational transmission of ancestral songs and ceremonies. We consider the effects that global challenges and local responses are having in two ancestral traditions, each performed to connect Country and ancestors with current and future generations. Ford discusses wali/wangga from her country Kurrindju in the northwestern part of what we now call Australia (wali is women’s dancing, wangga is men’s singing). Barwick contributes practitioner perspectives on Maggio sung theatre from the Garfagnana region of Tuscany, Italy where she has researched for three decades. In both Kurrindju and the Garfagnana, we see similar dedication against the odds to maintain social identity through ancestral performance. Both traditions have been affected by global changes in climate, technology and pandemics that disrupt Country, people and performances no matter where they are located