Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- And Loyalty; Investor-state arbitration; Bilateral investment treaties (1)
- Cyber warfare; kinetic warfare; chaos theory; Iran; Aegs; United States; keystroke; Tallinn Manual; Morris worm; autonomous; DDoS attack; Russia; Stuxnet; Kaspersky Red October; hackers; back hacking; Shamoon; National Security Agency; WannaCry; malware; Windows; cybersecurity; ransomware; NotPetya; artificial intellegence; international law; Caroline doctrine; UN Charter; NATO; butterfly effect; Edward Lorenz (1)
- Dispute resolution and arbitration; International investment policy; International law; Protection of Investment Act; South Africa; Bilateral investment treaty regime; Investor-state dispute settlement; International investment regime; Investor-state dispute settlement reform; UNCITRAL; Working Group III; Investment; Investment Law; African Investment Law; South African Investment Law; Exit (1)
- Kosovo; Kosove; Kosovo Tariff; Kosovo 100% Tariff; Ramush Haradinaj; Albin Kurti; Central European Free Trade Agreement; CEFTA; Stabilization Agreement; Belgrade-Pristina dialogue; Serbia; Kosovo history; European Union' EU-mandated Dialogue; Yugoslavia; Resolution 1244; NATO intervention; United Nations Interim Administration Mission in Kosovo; UNMIK; Assembly of Kosovo; Vetëvendosje; international agreements; Hashim Thaçi; legal identity; identity; legal history; legal system; nationalism; economics (1)
- Palestine; PLO; Palestine Liberation Organization; United Nations; Hyderabad; Ossetia; U.N.; jus cogens; jus in bello; jus ad bellum; Treaties; Treaty Regimes; UNESCOl WHO; IMF; ICC (1)
-
- Sonic warfare; Cuba; Havana; diplomats; Geneva Convention; Hauge convention; covert; civilians; rules of warfare; united nations; war crimes; microwaves; international law; torture; civilians; protection; red cross; (1)
- Statehood; Relative Statehood; Functional Statehood; De Facto Statehood; De Jure Statehood; Quasi-Statehoood; ex injuria non jus oritur; Contemporary International Law; Customary International Law; International Law; Legal Personality; Private Rights; Human Rights; International Criminal Law; Use of Force; Immunity (1)
- Voice (1)
Articles 1 - 5 of 5
Full-Text Articles in International Law
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …
Functional Statehood In Contemporary International Law, William Thomas Worster
Functional Statehood In Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law
The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova
Brooklyn Journal of International Law
Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …
Electromagnetic Conflict: The Implications Of New Methods Of Warfare And The Need For International Action, Joseph M. Nielsen
Electromagnetic Conflict: The Implications Of New Methods Of Warfare And The Need For International Action, Joseph M. Nielsen
Brooklyn Journal of International Law
During the Summer of 2017, American diplomats stationed in Havana, Cuba began experiencing symptoms associated with traumatic brain injuries after hearing strange noises in the night. These symptoms ranged from mere nausea to memory loss and hearing loss. While there has been no definitive conclusion as to the cause of these symptoms, the world has speculated that American diplomats were subjected to sonic warfare by an unknown enemy whose identity has remained masked by the anonymity of this type of warfare. This Note explores the implications of sonic warfare and what the international community is able to do when battling …
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law
On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …