Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Entire DC Network
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
MA Major Research Papers
Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …
Space Resource Discussions Within The United Nations Committee On The Peaceful Uses Of Outer Space Legal Subcommittee: The Past, Present And Future, Anne Campbell
Institute for Earth and Space Exploration White Papers
The sixtieth session of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) Legal Subcommittee occurred virtually between May 31st, 2021 and June 11th, 2021. The sixtieth session of the Legal Subcommittee included the highly anticipated scheduled informal consultations on “potential legal models for activities in exploration, exploitation and utilization of space resources” (United Nations Office of Outer Space Affairs, 2021f, p.2), which concluded with the establishment of a COPUOS Legal Subcommittee Working Group under a five-year workplan (United Nations Office of Outer Space Affairs, 2021f, p.33). The establishment of a Legal Subcommittee …
Killer Robots On Trial: Autonomous Weapons Systems In The Context Of International Law, Mikaela Heck
Killer Robots On Trial: Autonomous Weapons Systems In The Context Of International Law, Mikaela Heck
MA Major Research Papers
Killer robots are no longer a facet of science fiction, but rather an imminent reality. The development of autonomous weapons systems (AWS) has been something states and military operations have been working towards to build their arsenal and change the landscape of conflict. With this changing landscape, these AWS fit within public international law in a unique way, existing somewhere in between a weapon and a combatant. With increased autonomy and diminished human control over their behaviour, AWS present an interesting dilemma to existing international legal structures, as they are typically written in a fashion designed to be adhered by …
U.K.’S Decision To Increase Nuclear Warhead Stockpile Cap Defies Logic, Erika Simpson
U.K.’S Decision To Increase Nuclear Warhead Stockpile Cap Defies Logic, Erika Simpson
Political Science Publications
This abstract discusses the United Kingdom's controversial decision to increase its nuclear warhead stockpile cap, defying international expectations and the Nuclear Non-Proliferation Treaty (NPT). The decision, announced amid global disarmament efforts and criticism, reflects internal political dynamics and challenges the UK's credibility on the world stage. It explores implications for UK-Scotland relations, public opinion, and broader international reactions, contrasting with global trends towards nuclear disarmament. The abstract also examines the upcoming UN NPT Review Conference and its potential impact on global nuclear policies and alliances.
Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody
Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody
Law Publications
A continuing issue in many areas of law is the treatment of “reasonable” or “legitimate” expectations. This contribution posits that a doctrine of expectations is vital to both the law’s stability and flexibility, functioning as a kind of ‘shock absorber’ that accommodates divergent pressures within a legal system. Expectations may arise subjectively, but what the law protects in most instances is determined objectively. This contribution goes on to examine the treatment of expectations in WTO and international investment law. Their treatment in WTO law has been to read them out as a matter of pleading in WTO dispute settlement, apart …
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Law Publications
This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …
Indigenous Peoples Under International Law: An Asian Perspective, Tashi Phuntsok
Indigenous Peoples Under International Law: An Asian Perspective, Tashi Phuntsok
Electronic Thesis and Dissertation Repository
This thesis analyzes Asian understandings of the definition of indigenous peoples in international law. The rights of indigenous peoples have emerged strongly in the international domain, culminating in 2007 with the United Nations Declaration on the Rights of Indigenous Peoples. Yet, the question of definition and identity of indigenous peoples remains uncertain and indeterminate, at least from an Asian perspective. Traditionally indigenous peoples are understood to be those who were victims of European colonial settlements. It is the aim of this research to find out whether indigenous peoples exist in Asia by analyzing the approaches taken by select Asian states …
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
Law Publications
WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important — and perhaps even pre-eminent — aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law …
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld
Law Publications
This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …