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Enthält Rezensionen u.a. von: The Rome Statute of the International Criminal Court: a commentary. / Cassese, Antonio ... - Oxford : Oxford University Press, 2002. - 2018 S

In its seminal Somalia/AWACS judgment the German Federal Constitutional Court gave the Bundestag a right to participate in the deployment of Germany's armed forces abroad because it qualified the Federal Armed Forces as a "Parliament's Army" (Parlamentsheer). This decision marked a pivotal turn towards a democratisation or parliamentarisation of military authority which meanwhile has been extended also to European Law. It thus entrenched at least parts of the foreign powers more firmly in the legislative bodies. Recent decisions not only further substantiated the necessity and the limits of parliamentary consent, but also based the consent of the Bundestag in the democratic principle of the Basic Law. This new approach served the Court to strengthen the rights of the Bundestag in a field that is increasingly wrested from parliamentary influence due to intergovernmental arrangements. The Parliament will consequently have to develop mechanisms which give equal consideration to the need of the external capacity to act. Adapted from the source document.

When we were invited to contribute a positivist perspective to the present symposium, we did not know whether to regard this invitation as flattering or as an insult: does positivism not represent old-fashioned, conservative, continental European nineteenthcentury views—naive ideas of dead white males on the possibility of objectivity in law and morals? There is little we can do about being male and white, but we have certainly not seen ourselves as positivists of that kind. From the range of methodologies that the editors assembled, we could associate ourselves with several approaches just as much as with positivism. But in reflecting on our day-to-day legal work, we realized that, for better or for worse, we indeed employ the tools developed by the "positivist" tradition.