Portrait of Max Boehm ( 1871-1944 ).

The model is seated, facing the viewer and looking straight at him. He is wearing a business suit and holding a cigar. The pose is relaxed abd the color tonalities warm, with the yellow background dominant. Heavy impasto is used for face and hands. Neg. 37599 Signed upper right, also dated

Portrait of Heinrich Stahl (1868-1942 ).

H.Stahl was the last president of the Jewish Community in Berlin. He is seated in a chair with wooden arm supports. He seems a small man, an impression emphasized by a large expanse of plain, tan background. The facial expression is tense, with deeply furrowed brows.

To the Mothers of the Twelve Thousand.

The size of the work and the printed title suggests, that this is a poster. It bears the emblem R.J.F., for the sponsoring organization, Reichsbund Juedischer Frontsoldaten or National Organization of the Jewish Front-line Soldiers. The mothers of "The twelve thousand" refers to the Jewish soldiers killed during World War I, when reminding Germans of the patriotism and sacrifices of German Jews, seemed important in view of the discrimination they were confronted with at the time, in 1935.

Brittany

Dr. Hans Cahnmann, Bethesda, MD

Judah P. Benjamin collection, undated, 1838-1942.

The collection consists of 25 letters written by Benjamin between 1838 and 1881 on a variety of subjects, four Confederate notes and two bonds bearing his picture, miscellaneous items about Benjamin (1893-1942), nine issues of the Congressional globe with speeches by Benjamin, as well as separate copies of his printed speeches, and a photostatic copy of the "Diary of Events" (400 pp.) kept by Benjamin, the original of which is in the Library of Congress (1862-1864).

Towards a Critique of the Concept of the Right to Self-Determination in Africa : A Conceptual Examination and the Cases of Western Sahara, Southern Sudan and Eritrea

This thesis examines the right to self-determination which is a norm used for numerous purposes by multiple actors in the field of international relations, with relatively little clarity or agreement on the actual and potential meaning of the right. In international practice, however, the main focus in applying the right has been in the context of decolonization as set by the United Nations in its early decades. Thus, in Africa the right to self-determination has traditionally implied that the colonial territories, and particularly the populations within these territories, were to constitute the people who were entitled to the right. That is, self-determination by decolonization provided a framework for the construction of independent nation-states in Africa whilst other dimensions of the right remained largely or totally neglected. With the objective of assessing the scope, content, developments and interpretations of the right to self-determination in Africa, particularly with regard to the relevance of the right today, the thesis proceeds on two fundamental hypotheses. The first is that Mervyn Frost s theory of settled norms, among which he lists the right to self-determination, assumes too much. Even if the right to self-determination is a human right belonging to all peoples stipulated, inter alia, in the first Article of the 1966 International Human Rights Covenants, it is a highly politicized and context-bound right instead of being settled and observed in a way that its denial would need special justification. Still, the suggested inconsistency or non-compliance with the norm of self-determination is not intended to prove the uselessness or inappropriateness of the norm, but, on the contrary, to invite and encourage debate on the potential use and coverage of the right to self-determination. The second hypothesis is that within the concept of self-determination there are two normative dimensions. One is to do with the idea and practice of statehood, the nation and collectivity that may decide to conduct itself as an independent state. The other one is to do with self-determination as a human right, as a normative condition, to be enjoyed by people and peoples within states that supersedes state authority. These external and internal dimensions need to be seen as complementary and co-terminous, not as mutually exclusive alternatives. The thesis proceeds on the assumption that the internal dimension of the right, with human rights and democracy at its core, has not been considered as important as the external. In turn, this unbalanced and selective interpretation has managed to put the true normative purpose of the right making the world better and bringing more just polity models into a somewhat peculiar light. The right to self-determination in the African context is assessed through case studies of Western Sahara, Southern Sudan and Eritrea. The study asks what these cases say about the right to self-determination in Africa and what their lessons learnt could contribute to the understanding and relevance of the right in today s Africa. The study demonstrates that even in the context of decolonization, the application of the right to self-determination has been far from the consistent approach supposedly followed by the international community: in many respects similar colonial histories have easily led to rather different destinies. While Eritrea secured internationally recognized right to self-determination in the form of retroactive independence in 1993, international recognition of distinct Western Sahara and Southern Sudan entities is contingent on complex and problematic conditions being satisfied. Overall, it is a considerable challenge for international legality to meet empirical political reality in a meaningful way, so that the universal values attached to the norm of self-determination are not overlooked or compromised but rather reinforced in the process of implementing the right. Consequently, this thesis seeks a more comprehensive understanding of the right to self-determination with particular reference to post-colonial Africa and with an emphasis on the internal, human rights and democracy dimensions of the norm. It is considered that the right to self-determination cannot be perceived only as an inter-state issue as it is also very much an intra-state issue, including the possibility of different sub-state arrangements exercised under the right, for example, in the form of autonomy. At the same time, the option of independent statehood achieved through secession remains a mode of exercising and part of the right to self-determination. But in whatever form or way applied, the right to self-determination, as a normative instrument, should constitute and work as a norm that comprehensively brings more added value in terms of the objectives of human rights and democracy. From a normative perspective, a peoples right should not be allowed to transform and convert itself into a right of states. Finally, in light of the case studies of Western Sahara, Southern Sudan and Eritrea, the thesis suggests that our understanding of the right to self-determination should now reach beyond the post-colonial context in Africa. It appears that both the questions and answers to the most pertinent issues of self-determination in the cases studied must be increasingly sought within the postcolonial African state rather than solely in colonial history. In this vein, the right to self-determination can be seen not only as a tool for creating states but also as a way to transform the state itself from within. Any such genuinely post-colonial approach may imply a judicious reconsideration, adaptation or up-dating of the right and our understanding of it in order to render it meaningful in Africa today.

Territorial Integrity and Self-Determination : The Approach of the International Court of Justice in the Advisory Opinion on Kosovo

[EN] On 17 February 2008 Kosovo approved its declaration of independence from Serbia. The declaration was raised as a unilateral secession, a category which to date is widely debated by the international community, but supported in that case by a respectable number of the United Nation member states. A great many legal issues have been raised by the International Court of Justice's Advisory Opinion on Kosovo. This opinion was eagerly awaited by legal scholars due to both its possible effects and the scope of its principles outside the context of decolonization in what it could constitute of new approach to the international scenario for the twenty-first century. The ICJ stated that the declaration of independence was in accordance with international law if it was not prohibited. The answer turned on whether or not international law prohibited the declaration of independence, without ever examining whether an entity seeking secession is entitled with a positive right to secede and if so, under which circumstances. The basic issue can be summarised as whether or not we are facing a new course in the interpretation of certain classical categories of international law: the principle of territorial integrity, statehood, sovereignty, recognition, the right to external self-determination, etc. In this study we shall analyse some of the aspects arising from the Advisory Opinion of the International Court of Justice on the Accordance with international law of the unilateral declaration of independence in respect of Kosovo focusing on the territorial issue. Firstly we shall analyse the scope of the principle of territorial integrity of States and how it operates ; secondly, we shall focus on the scope of that principle in relation to the interior of the State, and ask ourselves how international law operates in relation to declarations of independence. Lastly, we shall deal with the principle of respect for territorial integrity in the specific case of Serbia with respect to Kosovo, and then end with a series of general conclusions. This study aims, definitely, to contribute to the theoretical debate on the challenges to the traditional certainties of international law in this area.

Die Anteile von Sieb- und Futtergarnelen in deutschen Garnelenfängen im Jahre 2000

The German shrimp fisheries land different types of pro-duce. Besides cooked shrimp for human consumption small (undersized), raw shrimp (industrial shrimp) are landed regionally in the second half of each year for animal feedstuff purposes. They are dried in special plants and form sellable secession from sieving processes aboard shrimping vessels. Grading the cooked shrimp ashore gives the non-marketable fraction of too small shrimp, which is not meant for shelling. That fraction is produced all year alongside landings of shrimp and is used for feed-stuff as well. Both extra fractions are listed in the official statistics since 2000 for the first time. That year industrial shrimp made up 6 % of the total landings while the non-marketable, small cooked shrimp summed up to 7 %, respectively. Though being essential for specialised animal feeds they are commercially of very little value, making up to hardly 2 ‰ of the total turnover of the German shrimp fisheries.

The legitimation of risk and democracy: A case study of Bt cotton in Andhra Pradesh, India

This thesis explores the inter-related attempts to secure the legitimation of risk and democracy with regard to Bt cotton, a genetically modified crop, in the state of Andhra Pradesh in India. The research included nine months of ethnographic fieldwork, extensive library and newspaper research, as well as university attendance in India, undertaken between June, 2010 and March, 2011. This comparative study (involving organic, NPM and Bt cotton cultivation) was conducted in three villages in Telangana, a region which was granted secession from Andhra Pradesh in July, 2013, and in Hyderabad, the state capital. Andhra Pradesh is renowned for its agrarian crisis and farmer suicides, as well as for the conflict which Bt cotton represents. This study adopts the categories of legitimation developed by Van Leeuwen (2007; 2008) in order to explore the theory of risk society (Beck, 1992; 1994; 1999; 2009), and the Habermasian (1996: 356-366) core-periphery model as means of theoretically analysing democratic legitimacy. The legitimation of risk and democracy in relation to Bt cotton refers to normative views on the way in which power should be exercised with regard to risk differentiation, construction and definition. The analysis finds that the more legitimate the exercise of power, the lower the exposure to risk as a concern for the collective. This also has consequences for the way in which resources are distributed, knowledge constructed, and democratic praxis institutionalised as a concern for social and epistemic justice. The thesis argues that the struggle to legitimate risk and democracy has implications not only for the constitution of the new state of Telangana and the region’s development, but also for the emergence of global society and the future development of humanity as a whole.

Ethnic conflict: geography of

Much ethnic conflict is territorially based. From a geographical perspective, ethnic conflict can be viewed at three scales—the inter-state, the intra-state and the micro, predominantly urban level. However conflicts at the three scales are intimately connected and interact with each other. The outcomes of conflict can produce secession, or at least some degree of separation of the groups concerned. Again, this can be viewed across a range of scale levels. A number of territorially based solutions or at least means of regulating ethnic conflict can be delineated—territoriality, dominance, and mutuality.

Be careful what you wish for: the legal parameters of EU withdrawal

Easiness with which the political circles talk about withdrawal from the European Union is rather surprising and proves that the legal parameters of an EU exit are not treated seriously enough. In theoretical terms Article 50 TEU allows for a unilateral exit as well as for a consensual divorce. Arguably, the first is an interesting abstract proposition, which, however, in practical terms seems to be an unworkable solution. Hence, the only realistic option is a proper divorce based on a withdrawal agreement. As per Article 50 TEU, it would be negotiated by the European Union with a departing country and should cover the terms of withdrawal and “take account of future relations” between the EU and the divorcee. It is submitted that in order to avoid a legal vacuum, this agreement should not only “take account of future relations” but actually deal with them thoroughly. This will make the negotiations difficult and, most likely, time consuming. One also has to envisage a scenario whereby a country leaving the European Union would join EFTA and become a EFTA-EU Member State of the European Economic Area. Should that happen the scope of a EU withdrawal agreement would be limited to the terms of exit, while future relations between the divorcee and the European Union would be mainly covered by the EEA Agreement. This chapter unlocks the mechanics of Article 50 TEU and the withdrawal procedure it provides for. It covers the issues that should be attended to by the negotiators and provides an overview of dossiers that are likely be covered in a withdrawal agreement.

Canada’s Unfathomable Unwritten Constitutional Principles

Since the advent of the Canadian Charter of Rights and Freedoms in 1982, Canadians courts have become bolder in the law-making entreprise, and have recently resorted to unwritten constitutional principles in an unprecedented fashion. In 1997, in Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, the Supreme Court of Canada found constitutional justification for the independence of provincially appointed judges in the underlying, unwritten principles of the Canadian Constitution. In 1998, in Reference re Secession of Quebec, the Court went even further in articulating those principles, and held that they have a substantive content which imposes significant limitations on government action. The author considers what the courts' recourse to unwritten principles means for the administrative process. More specifically, he looks at two important areas of uncertainty relating to those principles: their ambiguous normative force and their interrelatedness. He goes on to question the legitimacy of judicial review based on unwritten constitutional principles, and to critize the courts'recourse to such principles in decisions applying the principle of judicial independence to the issue of the remuneration of judges.

The Supreme Court’s Understanding of Federalism: Efficiency at the Expense of Diversity

This paper is an examination of the Supreme Court of Canada's interpretation of federalism since constitutional repatriation in 1982. It argues that the lure of centralist efficiency is overpowering a fundamentally important part of our federal order: regionalism. The author contends that changes made by the Court to certain fundamental concepts of Canadian constitutional law now provide Parliament with greater latitude than before in the exercise of its legislative powers. According to the author, these changes are disturbing because they are structured so as to preclude consideration of the legitimate concerns of regional polities. Furthermore, he argues that the Court has reinforced the central government's power to regulate the economy, including intraprovincial matters affecting trade, by resorting to highly functional tests that emphasize economic efficiency over other criteria. This, he claims, makes it more difficult to invoke legitimate regional interests that would lead to duplication, overlapping and even, in the eyes of some, inefficiency. The author the focuses on the Court's treatment of environmental protection in an attempt to show the tension between the Court's desire to use a functional approach and the need to recognize regional interests. Finally, through an examination of recent case law, he attemps to demonstrate that the Court's dominant perspective remains functional despite its endorsement of a more community-oriented undestanding of federalism in Secession Reference. If the Court chooses to proceed in this manner, it will alienate regional polities and may encourage them to choose more radical means of asserting their differences. Further, the author argues that strict adherence to the functional effectiveness approach will undermine the very values that federalism is meant to promote.

Impoverishment of The Law by The Law: A Critique of The Attorney General's Vision of The Rule of Law and The Federal Principle

This brief article is devoted to a critique of the arguments put forward by the Attorney General of Canada in connection with the Reference concerning certain questions relating to the secession of Quebec (hereinafter, "the Reference"). This critique will not be presented from a plainly positivist standpoint. On the contrary, I will be examining in particular (1) how the approach taken by the Attorney General impoverished the legal concepts of the rule of law anf federalism, both of which were, however, central to her submission; and, in a more general way, (2) how the excessively detailed analysis of constitutional texts contributes to the impoverishment of the symbolic function of the law, however essential that dimension may be to its legitimacy. My criticism will take into account the reasons for judgement delivered recently by the Supreme Court in the Reference.

Pour une constitutionnalisation du droit à la sécession au Canada

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maîtrise en droit, option recherche (LL.M.)"