Professorship of the Cluster of Excellence – Chair in Civil Law and Commercial Law with a special emphasis on International Intellectual Property Law (Prof. Dr. Alexander Peukert)

Since November 2008, Professor Alexander Peukert has been professor of law at the law faculty of Goethe University and Principal Investigator at the Cluster of Excellence. In his research, Peukert combines theoretical and doctrinal approaches to the study of intellectual property (IP) and unfair competition law, with a specific emphasis on international aspects of these legal areas. His research is connected above all in two ways with the interdisciplinary approach of the Cluster. First, Peukert and researchers at his chair study legal concepts and narratives on which the international IP system is based and which contributed to the formation and dramatic growth of this normative order. A second strand of research examines examples of transnational law “beyond” or “in the shadow of” the state. This has been a central theme of the research on legal theory performed at the Cluster, and Peukert’s chair has studied it with particular regard to different forms of cooperation between private and public actors who are confronted with a highly fragmented, largely nation state-based IP law in a transnational economy (see project “Transnational Regulation of Intellectual Property Rights through Cooperation”).
As regards the theory and formation of IP law, research at the chair produced the following results: The monograph on the public domain in IP law published by Peukert in 2012 is the first in-depth study in the German language devoted to this legal concept. It contributes a novel, comprehensive legal doctrine of the public domain to the international debate whose central arguments have been summarized in an English article published in 2015. In another article on the future of digital copyright, Peukert develops a theory of two communication cultures on the Internet whose coexistence is regulated among other things by copyright. A dissertation supervised by Peukert and further articles authored by him analyze the core legal concepts and narratives underlying copyright and other IP rights that contributed to the formation and expansion of IP law.
Peukert has also drawn on social theories, in particular Karl Polanyi‘s “Great Transformation,” to explain the enormous growth and universal acceptance of this body of law. In addition, he has drawn on this theoretical perspective to shed light on the problematic interface of academic research and copyright (Open Access) and to analyze economization tendencies that come to light in unfair competition law. The fruitfulness of a combination of legal theory and legal doctrine was also demonstrated by the findings of the research project “Transnational Regulation of Intellectual Property Rights through Cooperation.”
Finally, legal-doctrinal work conducted at Peukert’s chair resulted in extensive commentaries to provisions of the German Copyright and Unfair Competition acts, and in a revised, 17th edition of a standard textbook on copyright law.

The most important publications of this professorship of the Cluster of Excellence:

Peukert, Alexander: Die Gemeinfreiheit. Begriff, Funktion, Dogmatik (Geistiges Eigentum und Wettbewerbsrecht, Band 63), Tübingen: Mohr Siebeck, 2012, VIII, 321 pages.

Peukert, Alexander: Das Urheberrecht und die zwei Kulturen der Online-Kommunikation, GRUR-Beilage 2014, pp. 77-93; english version: “Copyright and the Two Cultures of Online Communication”, in: Paul L.C. Torremans (ed), Intellectual Property Law and Human Rights, 3rd ed. 2015, pp. 367-395.

Peukert, Alexander: “Intellectual property: the global spread of a legal concept”, in: P. Drahos/G. Ghidini/H. Ullrich (eds.): Kritika - Essays on Intellectual Property, Vol. 1, 2015, pp.114-133.

Peukert, Alexander: „Vom Warenzeichen zum Markeneigentum. Ein polanyischer Erklärungsversuch“, in: W. Büscher, et al. (ed.): Marktkommunikation zwischen Geistigem Eigentum und Verbraucherschutz. Festschrift für Karl-Heinz Fezer zum 70. Geburtstag, 2016, pp.405-426.

Nazari-Khanachayi, Arian: Rechtfertigungsnarrative des Urheberrechts im Praxistest: Empirie zur Rolle des Urheberrechts, Diss. Frankfurt am Main, Tübingen: Mohr Siebeck, 2016, 272 pages.

The most important events of this professorship of the Cluster of Excellence:

International Conference: Normative Orders of the Digital, July  6-7, 2017 (co-organized with C. Burchard und C. Daase).

Workshop Series: „International and Interdisciplinary Perspectives on Intellectual Property“, 2011-2017; with (among others): Susan Sell (George Washington U), Dan Burk (UC Irvine), Graeme Dinwoodie (Oxford), Jayashree Watal (WTO), Barton Beebe (NYU).

Lecture Series: „Frankfurter Abendkolloquium zum Immaterialgüterrecht“, with (among others): Karl-Nikolaus Peifer (Köln), Annette Kur (München), co-organized with Louis Pahlow.

Professorship of the Cluster of Excellence – International Organizations (Prof. Dr. Christopher Daase)

The Chair and the members of the unit “International Organizations” analyze the emergence, the transformation and the effects of international norms and institutions. In doing so, they focus on issues of peace and international security. Norms (e.g., the norm to apologize for past injustice or the norm to intervene in case of massive human rights violations) have been analyzed in terms of their emergence, how they change under conflict, how they are institutionalized and what effects they generate. Specific projects deal with (1) humanitarian intervention and responsibility, (2) norms of international recognition, and (3) the ways in which international institutions and organizations have come under attack by state and non-state actors in recent years.

(1)    Humanitarian Interventions and Responsibility  
 A central question of current international security policy is the following: under what circumstances may the sovereignty of a state be compromised in order to save human beings under severe risk of becoming victims of human rights violations. The debate about “humanitarian intervention” has changed in recent years by reinterpreting sovereignty not (exclusively) in terms of the right to avert external interference, but also in terms of responsibility vis-à-vis one’s own population. To what extent has this shift lowered the threshold for military intervention? Is the Responsibility to Protect (R2P) a legal or a moral norm and how has it changed the normative order of the international system? These questions were addressed at international workshops and conferences as well as in a number of publications produced by the professorship. Central to these discussions was the tension between legal and moral normativity entailed by the responsibility for international human rights.

(2)    International Recognition
Many international conflicts are as much about grievance as they are about greed. Their common denominator are conflicting claims for recognition: recognition of entitlement to land or resources, rule or political participation, status and identity. The struggle for recognition can have paradoxical effects. On the one hand, recognition provides the basis for mutual acceptance, accommodation, and cooperation. On the other hand, recognition raises the stakes in a conflict, thus accentuating differences and escalating the violence. When do struggles over recognition turn violent and destroy social bonds? Under what conditions do they lead to integrative normative orders and what inherent dynamics are at play? Conflicts of recognition were the focus of an international conference and an edited volume that came out of it. Especially important are the ideas of “gradual recognition” through which civil war parties may be convinced to renounce violence step by step and reembrace the political process.

(3)    International Dissidence
In recent years, International institutions and organizations have increasingly become targets of critique and resistance. Not only civil society groups but also states are distancing themselves more or less vehemently from the norms and institutions of the liberal world order. This is why we have turned our focus to international dissidence and how resistance in general interacts with systems of rule and authority. In collaboration with the Chair on “International Relations and Theories of International Order” of the Cluster, a research group on “International Dissidence” has been established which brings together five distinct research projects on forms of resistance and a number of PhDs and Postdocs whose research focuses on rule and/or resistance. The research group has organized an ongoing lecture series (Protest – Resistance – Insurgence: Struggles over Normative Orders), several national and international conferences and workshops (most recently an authors’ workshop to finalize papers from the Cluster’s lecture series “Beyond Anarchy: Rule and Resistance in the International System” for publication). From this focus, several publications have already emerged, more are in preparation, and new grant proposals have been developed.

Beyond these projects, other externally funded projects have been carried out in recent years: “Security Culture in Transformation” (funded by the Federal Ministry of Education and Science), “Guilt and Reconciliation in International Relations” (funded by the German Foundation for Peace Research), and “Transnational Cooperation among Terrorist Groups” (funded by the German Research Foundation - DFG).

The most important publications of this professorship of the Cluster of Excellence:

Daase, Christopher/Nicole Deitelhoff/Ben Kamis/Jannik Pfister/Philip Wallmeier(eds.): Herrschaft in den Internationalen Beziehungen, Wiesbaden: Springer VS, 2017. (Therein: „Einleitung“ and papers of the PI and project collaborators).

*Daase, Christopher/Julian Junk/Gabi Schlag (eds.): Transformations of Security Studies - Dialogues, Discipline and Diversity, London: Routledge (PRIO New Security Studies Series). (Therein: Christopher Daase, „On Paradox and Pathologies: A Cultural Approach to Security“ and „Introduction to the Volume“)

Daase, Christopher & James Davis: Clausewitz On Small War, Oxford: Oxford University Press, 2015.

Daase, Christopher/Caroline Fehl/Anna Geis/Georgios Kolliarakis (eds.): Recognition in International Relations. Rethinking a Political Concept in a Global Context, Houndmills: Palgrave Macmillan, 2015.

*Daase, Christopher & Nicole Deitelhoff: „Jenseits der Anarchie: Widerstand und Herrschaft im internationalen System“, in: Politische Vierteljahresschrift 56: 2, pp. 299-318.

*Deitelhoff, Nicole & Christopher Daase: „Herrschaftszeiten. Internationale Politische Theorie als Gesellschaftstheorie der internationalen Beziehungen“, in: Zeitschrift für Politische Theorie, Jg. 6, Heft 2/2015, pp. 141–158.

The most important events of this professorship of the Cluster of Excellence:

Lecture Series "Angriff auf die liberale Weltordnung – U.S. Außen- und Sicherheitspolitik unter Trump", April 20-July 20, 2017, Goethe-University Frankfurt.

International Conference „International Dissidence. Rule and Resistance in a globalized world“,March 2-4, 2017, Goethe-University Frankfurt.

Lecture Series „Protest - Widerstand - Aufstand. Streit um politische Ordnungen", November 09-July 11, 2017 (organized in cooperation with Nicole Deitelhoff).

Workshop „Protest und Widerstand im Zeitalter digitaler Medienkonstellationen“ May 6+27, 2016, Goethe-University Frankfurt am Main.  

International Expert Workshop „The Problem of Recognition in Global Politics“ (Chairs: Georgios Kolliarakis, Anna Geis, Christopher Daase, Caroline Fehl) University of Frankfurt, Cluster of Excellence “The Formation of Normative Orders”, June 21-22, 2012, Frankfurt am Main.

Professorship of the Cluster of Excellence – International Relations and Theories of Global Order (Prof. Dr. Nicole Deitelhoff)

The professorship “International Relations and Theories of Global Order” addresses forms and practices of resistance emerging within normative orders, with a particular concentration on those orders that transcend national borders. Its research focuses on how rule is constituted in normative orders, how it is challenged and how resistance and rule fit together. Specific projects deal with: (1) the privatization of security as a particular strategy and challenge to national systems of rule, (2) conflicts arising around international norms and institutions, and (3) forms and practices of resistance and how they are connected with rule.

(1) Security privatization has grown extensively during the last decades, giving rise to new forms of governance in the production and provision of security and to concerns regarding the democratic legitimacy of such new forms of governance. The professorship has conducted case studies on security privatization in Germany and the United States and has compared the extent and consequences of security provision in weak and strong states. In particular, the projects have critically assessed the legitimacy problems entailed by specific forms of security privatization or the governance thereof and have outlined the available options for avoiding such problems. This research has led to a number of publications in journals and edited volumes and has resulted in an expert report for the research forum of the German Ministry of Education and Research on public security (Forschungsforum Öffentliche Sicherheit).

(2) With regard to conflicts surrounding international norms and institutions, research has focused on the major question of when contestation of international norms weakens their robustness. This question has been the focus of a lively debate in International Relations during the last years. Case studies on the contestation of various prominent international norms (the ban on torture, the responsibility to protect, the commercial whaling ban, international individual criminal accountability, and the prohibitions of slavery and privateering) have substantially confirmed the hypothesis that the effects of contestation on the robustness of norms depend heavily on the type of contestation. While contestation concerning the application of norms usually has no negative effects on the norm in question, contestation which focuses on the justificatory core of a norm is most likely to weaken a norm’s robustness. Meanwhile this research has resulted in the establishment of a working group at the German Association for Political Science, several publications, and a special issue on the topic is under review at a leading journal in IR. The final results of the project will be published in a book and in journal articles in 2018.

(3) Finally, the chair has increasingly turned its attention to forms and practices of resistance in world politics and how these interact with systems of rule and authority. In collaboration with the Cluster professorship “International Organization,” a research group on “International Dissidence” has been established which assembles five distinct research projects on forms of resistance and a number of doctoral students and postdocs whose research focuses on rule and/or resistance. The research group has organized an ongoing lecture series (Protest – Resistance – Insurgence. Normative Orders as the Focus of Struggles), several national and international conferences and workshops (the latest, an authors’ workshop, is scheduled for the end of May and will finalize the papers emerging from the international Cluster Lecture series “Beyond Anarchy: Rule and Resistance in the International System” for publication). Several publications have already emerged from this focus and new grant proposals have been developed.

The most important publications of this professorship of the Cluster of Excellence:

*Deitelhoff, Nicole: „Billiges Gerede und leeres Geschwätz? Was ist eigentlich geblieben von der ZIB-Debatte?“ in: Zeitschrift für Internationale Beziehungen 24: 1, 2017, forthcoming

Deitelhoff, Nicole/ Priska Daphi/Dieter Rucht/ Simon Teune (eds.): „Protest und Bewegungen im Wandel?“, Sonderheft: Leviathan, Baden-Baden: Nomos, 2017, forthcoming.

*Deitelhoff, Nicole/Christopher Daase/Ben Kamis/ Jannik Pfister/Philip Wallmeier (eds.): Herrschaft in den Internationalen Beziehungen, Wiesbaden: Springer, 2017.

*Deitelhoff, Nicole & Christopher Daase: “Jenseits der Anarchie: Widerstand und Herrschaft im internationalen System“, in: Politische Vierteljahresschrift 56: 2, 2015, 299-318.

*Deitelhoff, Nicole & Michael Zürn, “Internationalization and the State. Sovereignty as the External Side of Modern Statehood”, in: S. Leibfried/E. Huber/M. Lange/ J.D. Levy/J.D. Stephens (eds.): The Oxford Handbook of Transformations of the State, Oxford: Oxford University Press, 2015.

Deitelhoff, Nicole & Christopher Daase: Privatisierung der Sicherheit. Eine sozialwissenschaftliche Studie, Schriftenreihe Sicherheit Nr. 11, Berlin: Freie Universität Berlin, 2013-09.

The most important events of this professorship of the Cluster of Excellence:

„Begriff und Phänomen der Norm“: Workshop of the newly founded working group (Themengruppe) „IB-Normenforschung“  of the German Political Science Association (GPSA) at the Cluster of Excellence, „The Formation of Normative Orders“, March 29-30, 2017.

International Conference: „International Dissidence. Rule and Resistance in a globalized world“, Goethe-University Frankfurt, March  2-4, 2017.

Lecture Series: „Protest - Widerstand - Aufstand. Streit um politische Ordnungen", November 2015 – July 2017, (co-organized with Christopher Daase)

Three panels organized by the Research Group “Internationale Dissidenz” at the  4th Global International Studies Conference of the World International Studies Committee (WISC),  August 6– 9, 2014, Frankfurt/M.

“IPA (International Public Authority) Meets Dissidenz“, interdisciplinary workshop with Armin von Bogdandy, Goethe University, Building „Normative Orders, April 4, 2014.

Professorship of the Cluster of the Excellence – Criminal and Criminal Procedure Law, International and European Criminal Law, Comparative Law and Legal Theory (Prof. Dr. Christoph Burchard)

The inclusive title of the professorship, which was established in mid-2015, reflects its broad orientation in research and teaching alike. The professorship covers German criminal and criminal procedure law, including white collar crime and the constitutionalization of criminal justice, as well as the internationalization and Europeanization of criminal justice. Comparative criminal justice and legal theory provide the specific background for reflection in all of these areas.

The interdisciplinarity of the research and teaching conducted by the professorship in accordance with the program of the Cluster is exhibited by the bridges to other legal disciplines (as reflected in the generic concept of “constitutional criminal law” coined by the holder of the chair), to political science and to political philosophy (take, for example, the Cluster research project on the normative openness of international criminal justice). The internationalization and Europeanization of criminal justice provides a wealth of evidence for the emergence of new normative orders (if one thinks of international criminal law proper) as well as for the transformation of existing normative orders (for example, judicial cooperation in criminal cases, which in Europe is currently developing into a network administration of criminal justice). These processes are studied in the light of the underlying research program of the Cluster, with particular attention being paid, in connection with Research Area 3, to the inter- and intra-jurisdictional competition between different normative conceptions of order.

The focus with regard to German national criminal law is on the profound changes which the criminal justice system is undergoing – often under the influence of international or European developments. For example, commercial and corporate criminal law is being transformed into a “normal” regulatory instrument of social control and the rationalities governing its constitutionalization are preparing the ground for the (democratic) politicization of criminal justice. Another major focus is on judicial cooperation in criminal matters, in particular the attendant processes of supranationalization (such as the forthcoming establishment of a European public prosecutor’s office) and privatization (such as the dependence of national investigators and prosecutors on cooperation with private Internet service providers). To this must be added, when it comes to theoretical foundations, the focus of the chair on comparative law and legal theory, informed at the level of scientific methodology by epistemological and theoretical pluralism.

The most important publications of this professorship of the Cluster of Excellence:

Burchard, Christoph: „Strafverfassungsrecht: Vorüberlegungen zu einem Schlüsselbegriff“, in: Tiedemann/Sieber/Satzger/Burchard/Brodowski (eds.), Die Verfassung moderner Strafrechtspflege – Erinnerung an Joachim Vogel, Baden-Baden: Nomos, 2016, pp. 27-61.

Burchard, Christoph: „Commentary on Art. 27 Rome Statute (Irrelevance of official capacity)”; “on Art. 71 Rome Statute (Sanctions for misconduct before the Court)”, in: Triffterer & Ambos (eds.), The Rome Statute of the International Criminal Court - A Commentary, München/Oxford: Beck/Hart, 2016, pp. 1037-1055, pp. 1760-1774.

Burchard, Christoph: „Kommentierung von § 13 StGB (Unterlassen)“, in: Leitner & Rosenau (eds.): Wirtschafts- und Steuerstrafrecht, Baden-Baden: Nomos, 2017, S. 1047-1066.

Burchard, Christoph: „Kommentierung von Vor § 1 IRG (Gesetz über Internationale Rechtshilfe in Strafsachen)“, in: Grützner/Pötz/Kreß (ed.), C.F. Müller, forthcoming 2017, ca. 300 pp.

Burchard, Christoph: “Judicial Dialogue in Light of Comparative Criminal Law and Justice”, in: P. Lobba & T. Mariniello (eds.), Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals, Brill|Nijhoff, 2017, forthcoming 2017.

The most important events of this professorship of the Cluster of Excellence:

AK Europäisches Strafrecht, Co-Initiator and organizer of the first workshop, June 23-24 2016, Frankfurt a.M.; Co-Initiator and organizer of the second workshop, April 27-28 2017, Zurich.

International Lecture Series „Strafrechtspflege zwischen Purismus und Pluralität“, Cluster of Excellence „The Formation of Normative Orders“, Summer Term 2017, Frankfurt a.M., Organizer.

Workshop „Normative Orders of the Digital“, Co-Organizer, first workshop of the research group „Internet und Gesellschaft”, Cluster of Excellence „The Formation of Normative Orders“, July 6-7 2017, Frankfurt a.M.

Workshop on Comparative Constitutional Criminal Justice, Organizer, scheduled for July 10 2017, Frankfurt a.M.

Interdisciplinary Seminar „Nationale Widerstände gegen die Internationalisierung des Strafrechts“, in cooperation with Prof. Dr. Jens Steffek (TU Darmstadt; Principal Investigator of the Cluster of Excellence „The Formation of Normative Orders“), scheduled for winter term 2017/