Digital Commons Network^™

Lawfare’S New Frontier: International Commercial Arbitration In The Shadow Of Sanctions, Sophie Yue Zhao, Han-Wei Liu

Vanderbilt Journal of Transnational Law

This Article examines how international commercial arbitration is being reshaped by economic statecraft through the lens of lawfare—the strategic use of law as a substitute for traditional coercive tools. Building on Orde Kittrie’s framework, it identifies two modalities of State-driven lawfare affecting arbitration. Instrumental lawfare operates where domestic legal measures displace arbitral authority, exemplified by Russia’s assertion of exclusive jurisdiction over sanctions-related disputes. Compliance-leverage lawfare, by contrast, does not bar arbitration outright but raises the costs and risks of participation, evident in restrictions on legal services and banking access that complicate representation and payment in arbitral proceedings. Beyond State action, …

Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz, James Kraska

International Law Studies

No abstract provided.

Kosovo’S Strategic Missteps With International Law, Parker W. Remick, Robert Muharremi

Journal of Peace, Conflict, and Security Studies

This paper interrogates the principle of selective engagement with international law in the foreign policy of Kosovo, arguing that international law functions less as a neutral arbiter between states and more as a pliable instrument wielded in the pursuit of national objectives. Through a meticulous analysis of Kosovo’s post-2008 trajectory, the study unveils a pattern of selective engagement with international legal mechanisms highlighting both moments of strategic acumen and critical miscalculations. Despite possessing the legal attributes of statehood, Kosovo’s struggle for international legitimacy is hampered by a failure to fully exploit legal avenues, from multilateral treaty accession to litigation and …

After The Fall: Reflections On My Critics, Ian Shapiro

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Ian Shapiro's After The Fall Is Harsh, But Not Harsh Enough, James K. Galbraith

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Mythbusting Cybersecurity Information Sharing And Antitrust, Terence Check

Journal of Business & Technology Law

No abstract provided.

International Law And Power Politics: On Koskenniemi's Perceptions Of Justice, Monica Hakimi

Faculty Scholarship

Martti Koskenniemi wrote ‘Perceptions of Justice’ against the backdrop of the 2003 Iraq War. The piece draws a stark distinction between American and European conceptions of justice – and approaches to international law. Over twenty years later, his distinction might still (or again) resonate. This retrospective analyses it in light of his other work and more contemporary events, arguing that it is a mix of misguided and confused. The United States and Europe have for decades, if not centuries, been profoundly entwined; each has significantly shaped and been shaped by its relationship with the other. The urgent question now is …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …

Manual Alignment—A Comparison Of The Law Of Armed Conflict Manuals Of The United States And Its Allies: How Reading Manuals Helps Military Lawyers Speak The Same Language When Planning Combined Operations, Jacob M. Fisch

Pace International Law Review

This article helps military lawyers work with allies.  By comparing the Law of Armed Conflict (LOAC) Manuals printed by the United States, the United Kingdom, France, Germany, and Australia, this article identifies consequential differences in the interpretation of LOAC between these five countries.  The article discusses four such differences: definitions of foundational principles, incursion into a neutral or nonparticipating State during a conflict, the role of doubt in making targeting decisions, and the degree of protection accorded to the environment from the effects of attacks.  While these differences point to possible challenges for cooperation between the United States and its …

Parameters Autumn 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rodrigo’S Weather Report: Is The Sky Falling?, Richard Delgado

Minnesota Journal of Law & Inequality

In the latest installment of the Rodrigo series, the main character and his straight man discuss what has come to be called sanewashing, focusing on the Administration’s many contrived emergencies to accomplish objectives that would otherwise be flatly illegal.

Review Essay: African Americans, Sudan, And The Politics Of Solidarity, Walter Hill

The Journal of Social Encounters

No abstract provided.

Ai Race Between The Us And China, Kennedy Lyon-Lindersmith

Discovery Day - Daytona Beach

Technological leadership in AI and semiconductor manufacturing are both directly linked with military power and geopolitical influence. At the same time, the U.S. and China are currently defining the future of conflict in the cyber domain and are in strategic competition as China attempts to displace the U.S. as a global leader in AI. These factors contribute to an important national security threat that the U.S. is facing right now: An AI race between the U.S. and China, specifically regarding military cyber operations. This paper discusses some of the implications of a digital battlefield and analyzes international laws, international institutions, …

Change And Continuity: Foreign Affairs And Procedure At The Supreme Court 2024–25, Margaret E. Mcguinness

St. John's Law Review

(Excerpt)

The 100th anniversary of the founding of the Law School is a wonderful occasion to discuss how research and teaching form us as professors within the St. John’s community. I teach, research, and write about international law, international human rights, diplomacy, and the ways in which international law becomes law in the United States. I also teach civil procedure and international litigation. These two strands of my work allow me to think about the complex interplay between international law and domestic court procedure. I also have professional experience in each of these areas: First, as a career diplomat for …

Art In Walled Gardens, Angela Zhao, Sonia K. Katyal

UC Law Journal

Years ago, Lawrence Lessig warned society of the dangers of a “permission culture” and a “pay per use” society that requires licenses in order to create. With the rise of licensing and contractual restrictions in the digital creative marketplace, we are seeing the risk of these predictions coming to pass. As we argue, the unsettled law surrounding digital art is an important heuristic for examining its broader future. While many scholars rightfully question the authorship of AI-generated digital art within the governing realm of copyright law, we argue that irrespective of those questions, one overlooked aspect of digital art lies …

Rethinking The Legal Status Quo In Cyberspace To Legally Attribute State Responsibility, And Enhance Accountability And Deterrence, Dan Efrony

International Law Studies

The absence of formal legal attributions of State responsibility for malicious cyber operations reflects a strategic choice by influential States—foremost the United States and the United Kingdom—rather than doctrinal certainty. So long as States avoid creating legal rules for attribution, they entrench cyberspace as a legal gray zone and expose the limits of collective attribution as a governance mechanism. This article identifies probative and institutional impediments in the secondary rules of attribution: the effective control test is difficult to satisfy for proxy cyber operations, the lack of an authoritative standard of proof enables plausible deniability, and, absent consent, States remain …

The Sinking Ship: Victor’S Justice And The Case For Accepting Tu Quoque In International Law, Cyrus S. Theodor

Ohio Northern University International Law Journal

No abstract provided.

A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo

Ocean and Coastal Law Journal

In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Bank Stability Under Global Risk Uncertainty: The Interplay Of Internal Characteristics And External Regulatory Environment, Erfan Rachmadi, Bowo Setiyono, Bimo Saktiawan, Muizzuddin Muizzuddin

Bulletin of Monetary Economics and Banking

This study examines the impact of global political and climate uncertainty on bank stability, utilizing panel data from 604 banks across 40 countries during the period 2011–2022. Through fixed effects and difference GMM methodologies, the analysis reveals that both geopolitical and climate risks adversely affect bank stability. Notably, tightening governance creates a ‘regulatory compliance paradox’ which leads to lower climate readiness and bank stability. We also identified that capital buffers matter in enhancing bank readiness to face geopolitical and climate uncertainty. However, efficiency plays a dual role. In times of geopolitical risk, it is necessary, but we also can’t achieve …

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

‘Insistent’ Objectors: The (Ab)Use Of Procedural Defenses Before The International Court Of Justice, Damian A. Gonzalez-Salzberg, Eoin Campbell

Michigan Journal of International Law

Procedural defenses refer to tactical devices that object to either a court’s jurisdiction or to the admissibility of an application, aimed at stopping a court from deciding on the merits of a case or, at least, at limiting the scope of its decision. From its creation in June 1945 and up to the end of 2024, the International Court of Justice (“ICJ”) has adjudicated 101 cases, with almost 80% of them featuring procedural defenses raised by states. These defenses have not only been plentiful, but have been extremely effective, leading to the ICJ’s refusal to decide on the merits of …

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

From Smallpox To Synthetic Biology: The Evolving Threat Of Biological Weapons And The Jus Ad Bellum, Sabrina I. Slagowitz

Duke Journal of Comparative & International Law

Biological weapons are not new, but recent developments in genetic technology have fundamentally transformed their threat potential. Advances in genome sequencing, editing technologies, and CRISPR have made pathogen modification faster, cheaper, and more accessible than ever before, reinvigorating fears of large-scale biological warfare and giving rise to a new class of synthetic bioweapons. This note examines the implications of genetically modified biological weapons for the jus ad bellum, the international law governing the use of force. Drawing an analogy to cyberweapons, it argues that bioweapons share key characteristics with cyberweapons—stealth, latency, asymmetry, non-kinetic lethality, and anonymity—that will generate similar legal …

Treatment Of Different Non-State Actors In Detention: A Legal, Moral, And National Security Analysis, Alison P. Raedel

Senior Honors Projects, 2020-current

This thesis analyzes state behavior regarding the treatment of non-state actors through three major frameworks: international law, ethical theory, and national security. Two cases are compared: the treatment of al-Qaeda detainees by the United States after the attacks of September 11th, 2001, and the treatment of the Angolan liberation movements by the Portuguese during the Angolan War of Independence. These cases were chosen to assess how the three frameworks apply across different non-state actors, which include terrorist organizations and liberation movements. International law provides a baseline for rights and protections, but it is often selectively interpreted. Just war theory gives …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Summer 2026 issue of Parameters, which consists of two In Focus special commentaries, three forums (Indo-Pacific, Strategy, and Historical Studies) and the Strategic Competition Corner.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking Power: E. H. Carr’S Enduring Lessons For Modern Strategists, Brian J. Hasse

The US Army War College Quarterly: Parameters

This article argues E. H. Carr’s classic conception of power provides enduring lessons for national security, but these lessons are easily lost in application. Unlike much of the existing literature, this article emphasizes how modern conceptions of power convey an illusion of balance, while the national security bureaucracy constrains the effective synchronization of power. The analysis leverages both historical and contemporary case studies to identify what a balanced conception of power looks like in practice, with the hope of informing US national security strategy and policy in today’s complex security environment.