Schadenersatzreform – Gefährdungshaftung und Unternehmerhaftung

Der Entwurf eines neuen ?sterreichischen Schadenersatzrechts sieht Regelungen der Gef?hrdungshaftung sowie der Unternehmerhaftung vor. Der Beitrag untersucht die jeweilige Ausgangslage, das Reformanliegen und die Konsequenzen einer Reform.     

Tag des Wassers

Ohne Zusammenfassung     

The Relationship Between Religious and Spiritual Factors and the Perpetration of Intimate Personal Violence

Despite some understanding of general correlates and possible antecedents to intimate partner violence (IPV) within the Christian community, the impact of religious and spiritual factors tends to be confounded by other factors and is often misjudged. Archival data from Wave III of the National Longitudinal Study of Adolescent Health (Add Health) were used to examine the impact of nine religious and spiritual factors on the probability of IPV perpetration by males, aged 18 to 26, who nominally classified themselves as Catholic, Protestant, or Christian. Logistic regression results indicated that IPV perpetration could not be adequately predicted from the religious and spiritual factors. Given the geographic breadth and the size of the Add Health sample, no finding of a predictive model for Christian male-perpetrated IPV challenges the paradigm that religious and spiritual factors should be overtly addressed in faith-based batterers’ programs targeting young adult males.     

Anticorruption agencies: expressive,constructivist and strategic uses

This article explores the reasons for the introduction of anticorruption agencies of a specific type in Eastern Europe. It is argued that one of the important functions of these agencies—which are stronger on information gathering, coordination and strategy rather than on investigation of concrete cases—is to give to the government some leverage over the anticorruption discourse. Presenting the anticorruption commissions and agencies as (discourse-controlling) instruments gives an answer to the troubling question why governing parties are at all interested in the introduction of such bodies. Apart from instrumentalization in political discourse, anticorruption bodies in Eastern Europe have had other effects as well. As shown in the Baltic case, institutional engineering provides for a brief window of opportunity during which political forces committed to integrity could gain the upper hand. The problem in Eastern Europe, however, is not the lack of such windows of opportunities—it is more the lack of really committed political forces capable of continuous and consistent anticorruption effort.     

Complementarity, Amnesties and Alternative Forms of Justice: Some Interpretative Guidelines for the International Criminal Court

The question to what extent amnesties and pardons may bar criminalinvestigations or prosecutions under the Statute of the InternationalCriminal Court (the Statute) has been left unresolved by theRome process. This essay seeks to develop some general guidelinesthat may help the Court to address this problem, should it arisein a specific case. It suggests four basic principles to dealwith the issue of amnesties and pardons: (i) the Court has interpretativeautonomy to decide whether an amnesty or a pardon is permissibleunder the Statute; (ii) exemptions from criminal responsibilityfor the core crimes within the jurisdiction of the Court byamnesties or pardons should generally be considered incompatiblewith the Statute; (iii) prosecution by states and by the Courtmay be limited to the most serious crimes and the most responsibleperpetrators (targeted prosecution); (iv) amnesties or pardonsshould, if it all, only be permitted in exceptional cases, namelywhere they are conditional and accompanied by alternative formsof justice.