Much ado about not-very-much? Assessing ten years of German citizenship reform

This article examines the development and impact of German citizenship policy over the past decade. As its point of departure, it takes the 2000 Citizenship Law, which sought to undertake a full-scale reform and liberalisation of access to German membership. The article discusses this law’s content and subsequent amendments, focusing particularly on its quantitative impact, asking why the number of naturalisations has been lower than originally expected. The article outlines current challenges to the law’s structure operation and identifies potential trajectories for its future development

The Private International Law of Access and Benefit-Sharing Contracts

This chapter considers the public—private international law interplay in the context of access and benefit-sharing (ABS) for genetic resources (GRs) and associated traditional knowledge (TK). The public international ABS framework, primarily via the Convention on Biological Diversity and its Nagoya Protocol, obliges contracting parties to ensure that access to GRs and TK is based on prior informed consent (PIC) and based on mutually agreed terms (MAT), and that benefits arising out of the utilization of GRs and TK are shared. This public law framework however leaves it to private ordering via ABS contracts between providers and users to determine nature and scope of benefit-sharing. And while the public law framework sets out a basic “enforcement” structure for ensuring that access is based on PIC and that MAT have been established, enforcing benefit-sharing commitments in ABS contracts is up to providers and users, relying on private law mechanisms. Because of the cross-border nature of most of the provider-user relations, enforcing ABS contracts raises complex questions on the jurisdiction of courts or arbitration tribunals, applicable law, and the enforcement of judgments or arbitral awards. This chapter reviews these private international law questions in light of the normative guidance the public international law ABS framework offers

Foreigners, naturalized people and the problems of a realistic integration stock-taking

Wilkening F, Salentin K. Ausländer, Eingebürgerte und das Problem einer realistischen Zuwanderer-Integrationsbilanz. Kölner Zeitschrift für Soziologie und Sozialpsychologie. 2003;55(2):278-298.The use of the legal term "foreigner" in German official statistics and in sociological research on migration and integration is questioned. During the 1990s, naturalization has created a gap between the numbers of migrants and of foreigners. Legal and administrative factors cause an unobserved selectivity in the process of naturalization and increasingly blur the meaning of citizenship for social science purposes. Drawing on two German survey samples, the article reveals a considerably more favorable socio-economic placement of naturalized persons compared with foreigners of the same origin. Any stock-taking based on foreigners alone would exclude the most successful migrants in terms of education, labor market participation and income, and depict the participation of the immigrated population as overly deficient. An appropriate representation of naturalized people in official statistics is called for