This contribution analyses the development of the doctrine of fundamental rights of states in German international legal doctrine. It shows how the doctrine, despite its natural law origins, was able to adapt and flourish in a more positivist environment in the late nineteenth and early twentieth century. It was highly malleable with respect to the uses to which it was put. Accordingly, it was relied on in order to support National Socialist conceptions of international law as well as to connect with a return to natural law after the Second World War. With a turn to more pragmatist approaches in German scholarship since the middle of the twentieth century, the doctrine seemed to have faded away. However, this contribution argues that it has witnessed a somewhat unexpected comeback. Driven by some functional and constructive analogies with parts of the constitutionalisation literature, it is possible to see traces of the doctrine re-emerging. In this respect, it may even be said to resemble parts of the recent case law of the German Federal Constitutional Court, which has put a strong emphasis on sovereignty and self-determination as limits of international and European integration.
Helmut Philipp Aust
Helmut Philipp Aust and Anél du Plessis
Goal 11 of the Sustainable Development Goals (SDGs) sets out to make cities inclusive, safe, resilient and sustainable by 2030. Together with the New Urban Agenda adopted at the Habitat III conference in Quito in 2016, SDG 11 is the latest emanation of the thickening layer of international normative guidance on questions of sustainable development and urban governance. This chapter argues that Goal 11 of the SDGs is a clear expression of the urban turn, as it were, in global governance. The contribution contextualizes the setting in which SDG 11 is inserted as well as the aspirations of Goal 11. The chapter also unearths the inherent contradictions of SDG 11 since not all of its sub-goals will be attainable at the same time and without negatively impacting on some of the other SDGs. For instance, the notions of ‘safety’ and ‘inclusiveness’ might well conflict with each other. The chapter concludes with a critical view on some of the general implementation risks and challenges associated with SDG 11.