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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
- Autonomous weapons; autonomous weapons systems; weapons systems; drones; autonomous drones; war; law of war; international law; rule of law; accountability; military; conflict; war and peace; procedure; procedural law; weapons; artificial intelligence; AI; international humanitarian law; humanitarian; Geneva Convention; Yaounde Code; regional agreements; international agreements (1)
- Burma; Myanmar; Democratic Republic of Congo; Katanga region; international criminal law; human rights; business and human rights; human rights abuses; mining; corporate transactions; United Nations Guiding Principles of Business and Human Rights; forced labor; UN Commission on Human Rights; International Labor Organization; Dodd-Frank Act; Rome Statute of the International Criminal Court; International Criminal Court; Abolition of Forced Labor Convention; UN Guiding Principles; Organization for Economic Cooperation and Development; Declaration of Human Rights (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)
- Domestic terrorism; Terrorism; Counterterrorism; United Kingdom; United States; Canada; Global Terrorism; Global Terrorism Database; Global Terrorism Index; Proud Boys; September 11; Department of State; Department of Defense; Department of Justice; Department of Homeland Security; Federal Bureau of Investigation; Extremism; Terrorist Foreign terrorist organization Terrorist entity Terrorist group New York Neumann Act Anti-Terrorism Act Terrorism Act National Strategy for Countering Domestic Terrorism (1)
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- European Union; Hungary; refugees; refugee crisis; migration crisis; refugee law; asylum; immigrants; immigration; European Union Charter of Fundamental Rights; civil society organizations; CSOs; humanitarian crisis; Council of Europe; Viktor Orbán; Stop Soros bills; immigration legislation; European Convention on Human Rights; ECHR; Fundamental Law of Hungary; Fidesz Party; TFEU; Refugee Convention; Bill 353/A; immigration tax; freedom of expression; freedom of association (1)
- International Covenant on Civil and Political Rights; International Covenant on Economic (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)
- Lethal autonomous weapons systems; LAWS; robot; robots; United States; ethics; force; legal accountability; IHL; international humanitarian law; Cold War; treaties; Ottawa Convention; Group of Governmental Experts; nuclear weapons; non-proliferation; war; technology (1)
- NATO; North Atlantic Treaty; Greece; Turkey; Dispute Resolution; Cyprus; Hydrocarbon deposits; Undersea mining rights; Continental shelf; Ukraine; Russia; War; Conflict; Stabilization (1)
- Nagorno-Karabakh; Armenia; Azerbaijan; occupation; corrupt; frozen conflict; Fourth Geneva Convention; Hague Regulations; international law; corrupt occupation; occupied territory (1)
- Occupation; Palestinian Territories; Occupied Palestinian Territories; Palestine; Israel; Israeli occupation; West Bank; occupying power; control; international law; prolonged occupation; legal framework; economic development; security; public order; normative interpretive approach; termination; interpretative approach; good faith; temporality; self-determination; Eyal Benvenisti; IHL; international humanitarian law; Adam Roberts; Hague Regulations; Fourth Geneva Convention; Chinkin; ECtHR; ICJ; Ja'amait Ascan; High Court of Justice; Aeyal Gross; Ben-Naftali; Michaeli (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)
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- Russia; Georgia; Energy Charter Treat; ECT; Baku-Supsa Pipeline; Europe; occupation; security; International Energy Charter; IEC; South Ossetia; economy; energy; Yukos; NATO; Vienna Convention on the Law of Treaties; VCLT; Five-Day War; European Union; United States (1)
- Sanctions; international sanctions regimes; public international law; targeted sanctions; United States; European Union; United Nations; Security Council; Iraq; human rights law; Loizidou; CEDAW Committee; international humanitarian law; international criminal law; ICJ; ILC; Draft Articles; (1)
- Social and Cultural Rights; (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)
- Technology; cyber-surveillance; warfare; internet; authoritarian governments; authoritarianism; cyber warfare; cyber-surveillance warfare; human rights; non-state actors; International Code of Conduct for Private Security Service Providers; International Code of Conduct Association; ICoC; ICoCA; multinational enterprises; MNEs; mass surveillance; globalization; cyber torts; United Nations Guiding Principles of Business and Human Rights; Private Security Service Providers (1)
- Thailand; Capital Punishment; US Influence Thai Narcotics; Thailand Nation-Building Colonial Impact; Western Influence Thai Drug Laws; Cannabis Legalization; Royal Clemency; Opium Trade; Golden Triangle (1)
- Venezuela; Chavez; Maduro; Capabilities Approach; Amartya Sen; Senian approach; freedoms; human rights; IACHR; humanitarian; crisis; Nussbaum (1)
Articles 1 - 17 of 17
Full-Text Articles in Law and Politics
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson
Brooklyn Journal of International Law
The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law
The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …
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 …
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Brooklyn Journal of International Law
With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …
The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan
Brooklyn Journal of International Law
Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
Brooklyn Journal of International Law
After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Brooklyn Journal of International Law
The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Brooklyn Journal of International Law
Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …