Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Clearing The Path: The Perils Of Positing Civil Society In Conflict And Transition, Timothy W. Waters Jan 2015

Clearing The Path: The Perils Of Positing Civil Society In Conflict And Transition, Timothy W. Waters

Articles by Maurer Faculty

Can there be a general theoretical perspective on civil society's involvement in transitional justice? This article considers this question in its application to the Israeli-Palestinian conflict. Within the study of transitional justice and conflict resolution, civil society - a notoriously plastic concept - can be understood narrowly as rights-oriented groups working “for” peace, but the term is equally available to describe a broader array of communities that can either promote or prevent peace and justice.

It is, in fact, quite difficult to sustain a theoretical distinction between them, because transitional justice does not escape the dictates of politics - of …


The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole Jan 2015

The Problem Of Shared Irresponsibility In International Climate Law, Daniel H. Cole

Articles by Maurer Faculty

States have treaty-based and customary international law-based responsibilities to ensure that greenhouse gas emissions emanating from their territory do not cause transboundary harm. However, those international legal responsibilities conflict with the observed behavior of states, which suggests a general rule of irresponsible treatment of the global commons. This paper, written for a conference (and eventual book) on shared responsibility in international law, examines that conflict and two potential mechanisms for resolving it: (1) international litigation and (2) various types of polycentric approaches to climate governance.

Several international legal scholars have been advocating litigation as a means of compensating victims and …


Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters Jan 2015

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.


Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey Jan 2015

Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey

Articles by Maurer Faculty

No abstract provided.


Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin Jan 2015

Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin

Articles by Maurer Faculty

Review of:

Technology and the Law on the Use of Force: New Security Challenges in the Twenty-First Century. By Jackson Maogoto. Oxford, UK: Routledge, 2015. Pp xviii, 111. Price: $117.71 (Hardcover).


Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler Jan 2015

Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller Jan 2015

Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.


Internet Balkanization Gathers Pace: Is Privacy The Real Driver?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey Jan 2015

Internet Balkanization Gathers Pace: Is Privacy The Real Driver?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey

Articles by Maurer Faculty

No abstract provided.