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Full-Text Articles in Law
Partners And Legal Pitfalls, Brian Finucane
Partners And Legal Pitfalls, Brian Finucane
International Law Studies
Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
International Law Studies
The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
International Law Studies
In her speech at the Munich Security Conference in February 2015, Chancellor Angela Merkel unwaveringly said: “Europe’s borders are and will remain unalterable.” At the same time, however, most observers agree that Crimea will remain de facto under Russian control. Against this backdrop the article assesses the contemporary and possible future legal status of Crimea. Particular attention is given to the inseparability of the link between Russia’s unlawful use of force and the purported territorial status alteration of Crimea, the concept of remedial secession and Crimea’s current status as an occupied territory.
The Combatant Status Of The “Little Green Men” And Other Participants In The Ukraine Conflict, Shane R. Reeves, David Wallace
The Combatant Status Of The “Little Green Men” And Other Participants In The Ukraine Conflict, Shane R. Reeves, David Wallace
International Law Studies
As an occupation and a civil war are simultaneously taking place in Ukraine a particularly vexing international law question is presented: what is the legal status of those involved in the hostilities? This article is designed to answer that question and to identify the associated rights, duties and responsibilities of the participants in the conflict.
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law Studies
No abstract provided.
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
International Law Studies
No abstract provided.
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
International Law Studies
No abstract provided.
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
International Law Studies
No abstract provided.
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
International Law Studies
No abstract provided.
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
International Law Studies
No abstract provided.
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
International Law Studies
No abstract provided.
Iraq And The "Fog Of Law", John F. Murphy
Iraq And The "Fog Of Law", John F. Murphy
International Law Studies
No abstract provided.
Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov
Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov
International Law Studies
No abstract provided.
The Framework In The Founding Act For Nato-Russian Joint Peacekeeping Operations, Myron H. Nordquist
The Framework In The Founding Act For Nato-Russian Joint Peacekeeping Operations, Myron H. Nordquist
International Law Studies
No abstract provided.
The Soviet View On International Law, Leon S. Lipson
The Soviet View On International Law, Leon S. Lipson
International Law Studies
No abstract provided.
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
International Law Studies
No abstract provided.
The Nature Of The Nation·State System, David D. Warren
The Nature Of The Nation·State System, David D. Warren
International Law Studies
No abstract provided.
The Soviet Navy And Ocean Law, Mark W. Janis
The Soviet Navy And Ocean Law, Mark W. Janis
International Law Studies
No abstract provided.
The Soviet View Of International Law, Oliver J. Lissitzyn
The Soviet View Of International Law, Oliver J. Lissitzyn
International Law Studies
No abstract provided.
Archipelago Concept Of Limits Of Territorial Seas, John R. Brock
Archipelago Concept Of Limits Of Territorial Seas, John R. Brock
International Law Studies
No abstract provided.
Towards A New Order Of U.S. Maritime Policy, Geoffrey Kemp, Harlan K. Ullman
Towards A New Order Of U.S. Maritime Policy, Geoffrey Kemp, Harlan K. Ullman
International Law Studies
No abstract provided.
Intervention And Detente In American Foreign Policy, Robert S. Wood
Intervention And Detente In American Foreign Policy, Robert S. Wood
International Law Studies
No abstract provided.
Changing Naval Operations And Military Intervention, Michael Mccgwire
Changing Naval Operations And Military Intervention, Michael Mccgwire
International Law Studies
No abstract provided.
Ocean Fisheries: National Instrument For International Stability, John T. Robison
Ocean Fisheries: National Instrument For International Stability, John T. Robison
International Law Studies
No abstract provided.
Treaty Of Adrianople, Being A Treaty Of Peace Between The Emperor Of Russia And The Emperor Of The Ottomans (14 September 1829), Howard S. Levie
Treaty Of Adrianople, Being A Treaty Of Peace Between The Emperor Of Russia And The Emperor Of The Ottomans (14 September 1829), Howard S. Levie
International Law Studies
No abstract provided.