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International Law

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Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon. Jan 2014

Assessing Current Trends And Efforts To Combat Piracy: A Case Study On Kenya, Rosemelle Mutoka Hon.

Case Western Reserve Journal of International Law

No abstract provided.


Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett Jan 2014

Somali Piracy -- Are We At The End Game?, Jon Huggins, Liza Kane-Hartnett

Case Western Reserve Journal of International Law

No abstract provided.


Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis Jan 2014

Eroding The Foundations Of International Humanitarian Law: The United States Post-9/11, Col. Morris Davis

Case Western Reserve Journal of International Law

No abstract provided.


Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley Jan 2014

Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller Jan 2014

A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller

San Diego International Law Journal

[T]his article examines the impact that external whistleblowing can have on a state’s compliance with international law. Part III looks at some of the complications that disclosing international law violations raises for the broader legal system, in particular, the expertise that a whistleblower of this type should be expected to have in the area of international law, and judicial reactions to defences related to the exposure of international law violations. Part IV identifies some trends based on this analysis and what they might mean for external whistleblowing on international law violations in the future.


‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat Jan 2014

‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat

San Diego International Law Journal

This paper is structured as follows: Part II traces the development of international instruments on the definition of terrorism, terrorist activities and “incitement to terrorism.” Part III first explores the normative framework of exclusion under the 1951 Convention and how the RSD procedure has undergone a notional shift, with exclusion considerations becoming more central. The section will then look at the provisions of Article 1F of the 1951 Convention, which contain the exclusion clauses and also discuss incorporation of terrorism exception to the asylum law framework in the United States. Part IV concludes with the proposition that the dangers of …


Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt Jan 2014

Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt

San Diego International Law Journal

In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …


Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk Jan 2014

Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk

San Diego International Law Journal

[T]his Article addresses the current legal framework of humanitarian intervention. Section III examines previous attempts at international military cooperation by the United Nations, NATO, EU, and bilateral arrangements, Section IV considers the scope and implementation of the Treaty between France and the UK. Finally, Section V analyzes the interplay of international law and the bilateral military treaty in recent international humanitarian interventions.


Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin Jan 2014

Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin

San Diego International Law Journal

These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.

The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …


Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky Jan 2014

Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky

San Diego International Law Journal

Today, criminals can transfer enormous sums from a bank in nation A to an account in nation B with a mouse click. Allowing rogue banking to constitute an international law violation will enable direct actions against financial institutions for international law violations and raise the profile of those institutions that engage in the practice.

This Article does not propose that isolated incidents of providing financial services should be considered a violation of international law, but rather that rogue banking should be defined in the context of serial partnering with international law violators. Part II outlines the pervasive role global financial …


The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks Dec 2013

The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks

International Law Studies

No abstract provided.


Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman Dec 2013

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

International Law Studies

No abstract provided.


Seeking International Criminal Justice In Syria, Annika Jones Dec 2013

Seeking International Criminal Justice In Syria, Annika Jones

International Law Studies

No abstract provided.


The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt Dec 2013

The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt

International Law Studies

No abstract provided.


The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves Dec 2013

The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves

International Law Studies

No abstract provided.


Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss Dec 2013

Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss

International Law Studies

No abstract provided.


Methods And Means Of Cyber Warfare, William H. Boothby Dec 2013

Methods And Means Of Cyber Warfare, William H. Boothby

International Law Studies

No abstract provided.


The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon Dec 2013

The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon

International Law Studies

No abstract provided.


Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan Dec 2013

Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan

International Law Studies

No abstract provided.


Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin Dec 2013

Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin

International Law Studies

No abstract provided.


Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies Dec 2013

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies

International Law Studies

No abstract provided.


The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu Dec 2013

The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu

International Law Studies

No abstract provided.


The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson Dec 2013

The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson

International Law Studies

No abstract provided.


Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein Dec 2013

Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein

International Law Studies

No abstract provided.


International Law And Cyber Threats From Non-State Actors, Laurie R. Blank Dec 2013

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank

International Law Studies

No abstract provided.


The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin Dec 2013

The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin

International Law Studies

No abstract provided.


Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine Dec 2013

Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine

International Law Studies

No abstract provided.


Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney Dec 2013

Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney

International Law Studies

No abstract provided.


Classification Of Cyber Conflict, Michael N. Schmitt Dec 2013

Classification Of Cyber Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.


Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss Dec 2013

Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss

International Law Studies

No abstract provided.