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Full-Text Articles in Law

Back To The Future, Michael A. Newton Jan 2015

Back To The Future, Michael A. Newton

Vanderbilt Law School Faculty Publications

This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms should be developed in light of the overarching humanitarian goals, particularly since such weapons are not inherently unlawful or unethical in all circumstances. This essay considers whether a preemptive ban on autonomous weapons systems is likely to be effective and enforceable. It examines the grounds potentially justifying a preemptive ban, concluding that there is little evidence that such a ban would advance humanitarian goals …


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell Jan 2015

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Journal Articles

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.