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- 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)
- 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)
- Pandemic; COVID-19; global; public health; economic and financial crisis; markets; corporations; directors' duty of care; fiduciary duty; small and medium-sized enterprises (SMEs); comparative law; board of directors; civil law; Anglo-American law; corporate governance; venture capital-backed firms; family business firms; United States; Delaware; United Kingdom; Germany; France; Italy; The Netherlands; Gross Domestic Product (GDP); European Union; shareholders; venture capital; capitalism (1)
- Sovereignty; jurisdiction; territoriality; data; technology; international law; state; border; elasticity; cross-border; transfer; regulations; privacy; China; European Union; United States; governance; conceptualization; theory; extraterritoriality; globalization; boundaries; GDPR; protection; digital; MLAT; internet; server; controller; processor; comparative; analysis; Cybersecurity Law; location; localization; infrastructure; network; transnational; CJEU; electronic evidence; provider; communication; CLOUD Act; SCA; DPD; reterritorization; representative; scope; mechanism; approach; dimension; cyberspace; Balkanization; fragmentation; conception; configuration; information; authority; political (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)
Articles 1 - 4 of 4
Full-Text Articles in Public Law and Legal Theory
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 …
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 …
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, …
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …