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Series

SSRN

Columbia Law School

International Law

2010

Articles 1 - 4 of 4

Full-Text Articles in Law

Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford Jan 2010

Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford

Faculty Scholarship

Enforcement is a fundamental challenge for international law. Sanctions are costly to impose, difficult to coordinate, and often ineffective in accomplishing their goals. Rewards are likewise costly and domestically unpopular. Thus, efforts to address pressing international problems – such as reversing climate change and coordinating monetary policy – often fall short. This article offers a novel approach to international enforcement and demonstrates how it would apply to those challenging problems. It develops a mechanism of Reversible Rewards, which combine sticks and carrots in a unique, previously unexplored, way. Reversible Rewards require a precommitted fund aimed to reward the target state for its ...


Cyber-Attacks And The Use Of Force: Back To The Future Of Article 2(4), Matthew C. Waxman Jan 2010

Cyber-Attacks And The Use Of Force: Back To The Future Of Article 2(4), Matthew C. Waxman

Faculty Scholarship

Cyber-attacks – efforts to alter, disrupt, or destroy computer systems, networks, or the information or programs on them – pose difficult interpretive issues with respect to the U.N. Charter, including when, if ever, such activities constitute prohibited “force” or an “armed attack” justifying military force in self-defense. In exploring these issues, and by drawing on lessons from Cold War legal debates about the U.N. Charter, this Article makes two overarching arguments. First, strategy is a major driver of legal evolution. Whereas most scholarship and commentary on cyber-attacks has focused on how international law might be interpreted or amended to take ...


Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard Jan 2010

Harmonizing Climate Change Policy And International Investment Law: Threats, Challenges And Opportunities, Daniel M. Firger, Michael Gerrard

Faculty Scholarship

This chapter responds to a chorus of commentary about the potential for conflict between the international investment law regime and an array of national and international actions being undertaken to mitigate and adapt to global climate change. Contrary to conventional wisdom, while some climate-friendly regulations may indeed be facially incompatible with the obligations imposed on states by typical international investment agreements (IIAs), many climate policies – especially those related to clean energy finance and technology transfer – involve principles common to foreign investment law and are largely compatible with that regime. Moreover, pending the unlikely negotiation of a single global agreement on ...


The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman Jan 2010

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Faculty Scholarship

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of legal ...