Digital Commons Network^™

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez

Genocide Studies and Prevention: An International Journal

This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss

Notre Dame Journal of International & Comparative Law

No abstract provided.

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

The Thin Red Line: Neutrality And Belligerency In Modern Conflicts, Thibault Moulin

Cardozo International & Comparative Law Review

Since the invasion of Ukraine, Western states have faced a dual red line, i.e., at what point neutrality loss and co-belligerency occur. In this Article, I argue that neutrality law is still relevant regarding arms transfers and troop training, which are prohibited, but is often ill-suited to regulate activities like intelligence sharing, which is not subject to a specific treaty or customary rule. As this Article argues, this is because "impartiality" cannot be described as an abstract and autonomous rule, but rather as an umbrella principle underpinning the law of neutrality. It means that helping a belligerent is not ipso …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …

“Humanizing” Economic Sanctions? Lessons From International Humanitarian Law, Nathanael Tilahun, Obiora C. Okafor

Articles & Book Chapters

No abstract provided.

That’S No Moon, It’S A Space Station: Determining Ownership Rights On The Moon At The Intersection Of International Treaty And Property Law, Abby Jones

Cleveland State Law Review

The Outer Space Treaty of 1967 asserts in no uncertain terms that no State Party to the Treaty shall claim any part of space, including any part of a celestial body like the moon. Outer space and all its components are the providence of humankind. But how can this be? As states and their private entities continue to expand the outer space market, there are plans for footholds like facilities and stations on the moon that will establish a permanent lunar presence. According to most interpretations of property law, this would establish at least some form of property right at …

Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari

Pepperdine Dispute Resolution Law Journal

States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …

Humanitarian Intervention, Its Misuse, And A Proposed Solution Throughthe International Court Of Justice, Michael Pappas

Nevada Law Journal

No abstract provided.

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage, Pornomo Rovan Astri Yoga, Indra Alverdian

Indonesian Journal of International Law

Today, many experts of maritime powers take it for granted that a foreign submarine has the right of submerged passage in an archipelagic sea lane. By using the 1969 Vienna Convention on the Law of Treaties (VCLT) as a tool of interpretation, this paper tries to decipher whether a submerged passage is permissible or not in archipelagic sea lane passage. This paper found that the submerging in an archipelagic sea lane passage is not a generally accepted interpretation of “normal mode” in Article 53 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The writers discovered …

Power Shift, The South China Sea Dispute, And The Role Of International Law, Youngmin Seo

Michigan Journal of International Law

The arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare …

American Law In The New Global Conflict, Mark Jia

Georgetown Law Faculty Publications and Other Works

This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and pathologies. There has been a diminishment in rights among groups with imputed ties to a geopolitical adversary. But there has also been a modest expansion in rights where advocates have linked desired reforms with geopolitical goals. Institutionally, the new global conflict has at times …

The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase

Helm's School of Government Conference - 2021-2024

European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - 2021-2024

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb

Sabin Center for Climate Change Law

With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …

Ukraine V. Russia: A Case For Change In International Enforcement, Katy Malloy

William & Mary Law Review

A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost …

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

Raining Hellfire: An Analysis On The Use Of White Phosphorus And Its International Regulation, Shaun Quirk

The International Law Review Association Student Forum

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This …