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- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (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)
- Inhuman or degrading punishment; mischief; trauvaux préparatoires; constitutionality of the death penalty; foreign comparative law; international authorities; foreign authorities; public international law; amicus brief; pro deo system; UN Human Rights Committee; cultural practices; minimum age for marriage; customary law union; purposive interpretation; locus standi; unconstitutional legislation; mala fide; girl child; girl children; jus cogens (1)
- Justice and peace; equal rights; equality; slavery; servitude; honor and reputation; civil and political rights; economic (1)
- Social and Cultural Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights (1)
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- Social and cultural rights; binding instrument; hortatory instrument; treaty; domestic legal system; International Bill of Human Rights; female genital mutilation (FGM); UN Charter; UN High Commissioner for Human Rights; women; children; religious minorities; ethnic minorities; justiciable rights; domestic courts; monist theory; dualist theory; civil law; Roman law; international custom; international customary law; Roman-Dutch civilian law; mixed legal system; common law; foreign law; Bill of Rights; International Court of Justice (ICJ); African Commission on Human and Peoples’ Rights (ACHPR); child marriage; bicameral legislature; independent judiciary; free press; civil society; due process; constitutionalism; governing architecture; interpretative principle; interpretive principle; internationalization; constitutional law; peaceful coexistence; International Criminal Court (ICC); Rome Statute; note verbale; separation-of-powers regime; fidelity to the rule of law; political pluralism; human rights jurisprudence; discrimination against women; State Party; States Parties; substantive justice; stare decisis; obiter dicta; customary law; statutory interpretation; judge-made law; schematic method of interpretation; teleological method of interpretation; Grundnorm; death penalty; murder; cruel (1)
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- United Nations; UN General Assembly; League of Nations; UN Charter; international human rights instruments; human rights; fundamental freedoms; international law; peace and security; African courts; Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …
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 …