International Law Commons^™

The Right To Privacy And Data Protection In Times Of Armed Conflict, Asaf Lubin, Russell Buchan

Books & Book Chapters by Maurer Faculty

Contemporary warfare yields a profound impact on the rights to privacy and data protection. Technological advances in the fields of electronic surveillance, predictive algorithms, big data analytics, user-generated evidence, artificial intelligence, cloud storage, facial recognition, and cryptography are redefining the scope, nature, and contours of military operations. Yet, international humanitarian law offers very few, if any, lex specialis rules for the lawful processing, analysis, dissemination, and retention of personal information. This edited anthology offers a pioneering account of the current and potential future application of digital rights in armed conflict.

In Part I Mary Ellen O’Connell, Tal Mimran and Yuval …

Cyber Law And Espionage Law As Communicating Vessels, Asaf Lubin

Books & Book Chapters by Maurer Faculty

Professor Lubin's contribution is "Cyber Law and Espionage Law as Communicating Vessels," pp. 203-225.

Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws …

The Story Of The Dubai International Financial Centre Courts: A Retrospective, Jayanth K. Krishnan

Books & Book Chapters by Maurer Faculty

Can Western-based, English-speaking, common law commercial courts operate successfully in an environment that are not their own—such as in the Middle East? This question is not a simple thought experiment but rather the reality that has occurred since the mid-2000s in the Emirate of Dubai. This monograph recounts the history of how the ‘Dubai International Financial Centre Courts’ emerged. Drawing on extensive interviews with key stakeholders involved in the process, along with rich original documents as well as all of the Courts’ judgments, this narrative offers important lessons for those seeking to understand more fully the complex interplay of how …

Politics, Power Dynamics, And The Limits Of Existing Self-Regulation And Oversight In Icc Preliminary Examinations, Asaf Lubin

Books & Book Chapters by Maurer Faculty

Professor Lubin's contribution to volume 2 is titled, "Politics, Power Dynamics, and the Limits of Existing Self-Regulation and Oversight in ICC Preliminary Examinations," pp. 77-150.

Should the normative framework that governs the International Criminal Court’s (‘ICC’) oversight concerning preliminary examinations undergo a reform? The following chapter answers this question in the affirmative, making the claim that both self-regulation by the Office of the Prosecutor (‘OTP’) and quality control by the Pre-Trial Chamber (‘PTC’) currently suffer from significant deficiencies, thus failing to reach the optimum point on the scale between absolute prosecutorial discretion and absolute control. The chapter demonstrates some of …

Data Protection Principles For The 21st Century, Fred H. Cate, Peter Cullen, Viktor Mayer-Schonberger

Books & Book Chapters by Maurer Faculty

This paper proposes revisions to the OECD Guidelines that include basic changes essential for the protection of individual privacy in the 21st century, while avoiding unnecessary restrictions on uses of personal information that are increasingly important.

Designing Federalism In Burma, David C. Williams, Lian H. Sakhong

Books & Book Chapters by Maurer Faculty

This volume is designed to serve as a concise introduction to certain constitutional ideas that may be relevant to Burma. It contains three documents: one essay by Lian Sakhong, and two lectures that I delivered to the SCSC, over several days in November 2003 and August 2004. All three contain common themes. First, sometimes ideas can show us a way through problems that we had thought were impenetrable. Second, Burma’s problems have grown in part from some misunderstandings of certain ideas. In particular, many in Burma have imagined that governance can really occur only at the center: people look to …

The Present Development And Status Of International Law, Amos Hershey

Books & Book Chapters by Maurer Faculty

Professor Hershey's contribution to this collection is Chapter 6 (pages 134-146) "The Present Status of International Law," and is titled, "The Present Development and Status of International Law."