This article proposes a typology of diminished subtypes of Rechtsstaat. Building on a historical overview of the different constitutional traditions in the United States, Great Britain, and Germany, an ideal type of Rechtsstaat is identified. This definition provides the foundation for the creation of subtypes, which are structured into two categories. First, four diminished subtypes of Rechtsstaat are defined: inconsistent, arbitrary, partly-implemented, and excluded. Second, three different causes for the deficiencies are identified: lack of capacities (LoC Type), powerful interests supporting alternative rules (PIAR Type), and high acceptance of alternative norm systems (HAAS Type). The latter two types of causes, PIAR and HAAS, are largely ignored in legal reform strategies and yet – according to our approach in this article – they are more prevalent empirically than the first type.
The term “water diplomacy” has gained currency among policy makers and academics. It reflects an awareness that the use, management, and protection of transboundary water resources is intrinsically political and often embedded in complex political settings. Based on a review of academic and policy documents, we analyze the variety of understandings and common patterns in the definition of water diplomacy. We also analyze tools, tracks, and levels through which and at which water diplomacy is conducted or analyzed. With our own definition of water diplomacy as deliberative political processes and practices of preventing, mitigating, and resolving disputes over transboundary water resources and developing joint water governance arrangements by applying foreign policy means which are embedded in bi- and/or multilateral relations beyond the water sector and taking place at different tracks and scales, we aim to advance the discourse on water diplomacy both in the academic and policy realms.