Die EU-Außenkompetenzen im Schnittpunkt von Europarecht,Völkerrecht und nationalem Recht

Diese Arbeit zeigt, dass das System der Kompetenzverteilung zwischen EU und Mitgliedstaaten in den Au?enbeziehungen wesentlich durch den rechtlichen Grundgedanken der Verhinderung von Normkonflikten gepr?gt ist. Dieser Grundgedanke erkl?rt beispielsweise mit, warum bestimmte Kompetenzen als ausschlie?liche definiert sind bzw wann geteilte (ehemals konkurrierende) Kompetenzen in ausschlie?liche umschlagen. Dieser systembildende Aspekt ist auch tragend für die Reichweite der Zust?ndigkeit des EuGH für internationale Abkommen und für die Beantwortung der Frage, inwieweit diese judizielle Kompetenz den Zugang zu konkurrierenden (internationalen) Gerichten ausschlie?t.     

Electronic identities – public or private

In the real world, we usually identify persons by their appearance, voice, and so on. If this is not sufficient, identity cards are used. In the virtual world the situation is different. The basic concepts of the internet provide for unique identification of devices, not of their users. Hence, some kind of identity management system is required, which can be provided either by the state or by the private sector. Official electronic identity schemes, such as the Austrian Citizen Card, are being established in more and more countries. The carrier media of the Citizen Card is a smart card but, since 2009, the mobile phone signature is offered as a more comfortable alternative. However, much more widespread than that are simple user accounts with passwords, one for each individual service. This system has significant flaws. A solution can be provided by the concept of identity federation: an ‘identity ecosystem’ can be established in which a user can choose among several identity providers, authorise them to identify him towards service providers, authorise attribute providers to provide particular qualified user information to a service provider, etc. In this paper the different concepts mentioned above are elaborated and their interrelations and legal difficulties are described.     

The size of human capital externalities: cross-country evidence

Human capital accumulation is usually held to generate positive externalities. However, the empirical evidence on human capital externalities has been scarce and inconclusive. The missing evidence appears to be caused by misleading comparisons between private and social rates of return, by incorrect interpretations of regression coefficients, or by an inappropriate level of aggregation. Our own estimates point to relatively robust empirical evidence for a human capital externality that is about twice as large as a benchmark estimate, which is derived from a standard parameterization of a simple growth model. We ponder a possible causal link from human capital to social capital in the context of alternative views of long run development and argue that the grand transition view (Paldam 2002) is compatible with the existence of a large human capital externality.     

A review of tools to comply with the Fourth EU anti-money laundering directive

The aim of this paper is to present tools that are used by financial institutions to implement legal requirements with regard to anti-money laundering (AML) and combating the financing of terrorism (CFT). The fight against money laundering and terrorist financing is a two-stage procedure, where state authorities outsource a major part of their tasks and responsibilities to private entities. The bulk of the task falls to financial institutions, which have to monitor the transactions of their customers pursuant to international, European and national laws as well as internal policies. To comply with the legal requirements, they use sophisticated surveillance software and collect large amounts of personal data. The European Union introduced two Proposals (COM(2013) 45 final and COM(2013) 44 final) to update the European Union's AML/CFT regime. Even though the Proposals have not yet become legal acts, it is quite obvious that new tools to support financial institutions will emerge. The amendments foreseen by the Proposals as well as already existing tools, which will remain relevant, shall be examined and privacy considerations will be discussed.     

Rezension

Ohne Zusammenfassung     

Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law through Institutional Entrepreneurship

Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the "legal consciousness" of reformers and would-be reformers. This article contributes to this debate, and the legal mobilization framework in particular, by theoretically identifying and empirically documenting ways through which the constitutive power of law may be effectively used by challengers to more directly pursue changes in institutionalized practices themselves. The article examines the strategic use of law by a set of American Indian tribal leaders in the state of Washington who, over a 13-year period, consciously meshed or "cohered" legal and extrajudicial efforts to gain recognition of their sovereign political status. Through a mode of agency known as "institutional entrepreneurship," they utilized the multiplicity of law and exploited resources and opportunities inhering within the state itself, but outside the courts. In the context of ambiguous legal precedent and widespread local challenges to tribal rights, they mobilized latent discourses of federal Indian law that legitimated the sovereign governmental status of tribes. Importantly, they circulated tribal sovereignty discourses well beyond the field of law, but through the authoritative activity and voice of the state, and in doing so, generated a precedent-setting recognition of tribal sovereignty.     

Neumeyer, Dieter: Hessisches Stra?engesetz (HStrG)

Ohne Zusammenfassung