Digital Commons Network^™

A Study Of The Data Remaining On Second-Hand Mobile Devices In The Uk, Olga Angelopoulou, Andy Jones, Graeme Horsman, Seyedali Pourmoafi

Journal of Digital Forensics, Security and Law

This study was carried out intending to identify the level and type of information that remained on portable devices that were purchased from the second-hand market in the UK over the last few years. The sample for this study consisted of 100 second hand mobile phones and tablets. The aim of the study was to determine the proportion of devices that still contained data and the type of data that they contained. Where data was identified, the study attempted to determine the level of personal identifiable information that is associated with the previous owner. The research showed that when sensitive …

Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill

International Law Studies

This essay discusses the threshold of application of international humanitarian law (IHL) in both international (IAC) and non-international armed conflicts (NIAC). In relation to IAC it questions whether the International Committee of the Red Cross (ICRC) “first shot” approach is the most appropriate, since it opens the way for the intensification of conflicts beyond what is necessary in relation to relatively minor armed incidents and argues that the humanitarian protection clauses of IHL should be separated from the rules governing hostilities and makes a case for the application of ad bellum considerations of necessity and proportionality to act as a …

العلاقات الامريكية -الاسترالية خلال حرب فيتنام 1954-1966. دراسة وثائقية, أ.م.د.كاظم جواد احمد العبيدي

Midad AL-Adab Refereed Quarterly Journal

نحاول ان نتطرق في هذا البحث العلاقات الامريكية -الاسترالية. خلال حرب فيتنام 1954-1966. واهم المواقف التي تبنتها استراليا للوقوف الى جانب الولايات المتحدة الامريكية، في حربها تلك، والتي كانت سببا في زيادة التقارب بين البلدين، ففي وقت ترددت فيه العديد من الدول الغربية والاوربية للوقوف الى جانب الولايات المتحدة، نرى استراليا ترمي بنفسها وبكل ثقلها الى جانب الاولى. حاولت الولايات المتحدة الامريكية استغلال كل الفرص لتقريب استراليا اليها بعد ان ايقنت ان الاخيرة ربطت مصيرها بمصير الولايات المتحدة الامريكية.

ان هذا البحث يهدف الى تتبع وتحليل العلاقات الامريكية –الاسترالية خلال السنوات 1954-1966، وهي مدة مهمة شهدت بداية عملية صياغة سياسة …

Round Table (Part 5): What’S Raphaël Lemkin Got To Do With Genocide Studies?, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

‘Xi Jinping Thought’: Lethal Autonomous Weapons Systems And Military Modernization With Chinese Characteristics, Aiden Warren, Alek Hillas

The Journal of International Relations, Peace Studies, and Development

The article seeks to appraise Beijing’s military modernization and positions on Lethal Autonomous Weapons Systems (LAWS). In examining the rhetoric of Chinese policy makers through a qualitative analysis of relevant policy documents and Chinese statements, the article begins by evaluating the relationship between military modernization and the advancement of China’s innovation and civil- ‍military integration strategies in the Xi Jinping era. Secondly, the article considers, via an analysis of diplomatic statements, the context of Chinese discussions on LAWS under the framework of the Convention on Certain Conventional Weapons (CCW). The analysis proposes it is probable that China is seeking to …

Proportionality: Reconsidering The Application Of An Established Principle In International Law, Rüdiger Wolfrum

International Law Studies

Traditionally, the principle of proportionality is defined as limiting State action to rational and reasonable means with the view to achieve a goal permissible under international law without unduly encroaching on the protected rights of another State, States, or individuals. The principle applies to the planning, as well as the implementation, of State activities. The application of the principle of proportionality is common in national constitutional and administrative law. A vast national jurisprudence exists in this regard. However, due to the plurality of approaches in the various national legal systems, it is hardly possible to draw any general legal conclusions …

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

All Is Fair In Love And War: But What About War Trials?, Bronwyn Tuff

The International Law Review Association Student Forum

The right to a fair trial is not just protected by a state’s domestic statute but also by international law under the 1949 Geneva Convention. In the most basic sense, a fair trial theoretically requires competent courts, penalty proportionality, proper notification, right of defense, right of appeal, and restrictions on the issuance of the death penalty. However, the requirements set by international law often fail to account for the desire of justice that may diminish the true fairness of a trial even though all requirements are present. This note examines the recent domestic war crime trials conducted by Ukraine during …

Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling

Cardozo International & Comparative Law Review

When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …

The Artemis Theory Of Warfare, Mark J. Sundahl

Law Faculty Articles and Essays

Outer space, long the province of peaceful competition and international cooperation, is being rapidly militarized. We stand today at a rare inflection point in history that deserves careful thought as humanity moves forward. In short, we face the following choice: we can either protect and build on the special nature of space norms and customs to preserve space as a “laboratory of peace,” or we can militarize space as the new “highest ground” under largely the same rules that govern terrestrial warfare. The sad reality is that our history, being inextricably linked to warfare, predicts that the dream of a …

Case Global: International Impact, Case Western Reserve University School Of Law

Case Global Newsletter

Vol. 14, No. 1 (2022)

• International Impact: From the Hague to the United Nations, the Cox Center influences justice around the world (cover)
• CWRU law students excel in global moot court competitions
• Supreme Court follows reasoning of CWRU amicus brief
• Invaluable international experience
• Learning the law through classic TV: Star Trek and international law
• Alumni spotlight (Kevin G. Nealer (LAW ‘78)

Natural Resource Governance In Qing China: Lineage Institutions And The Making Of Common Property Regimes, Jason Jia-Xi Wu

Cardozo International & Comparative Law Review

Historically, common property is one of the dominant forms of ownership through which natural resources-e.g., forests, pastures, and fisheries-are managed. However, their decline across societies due to marketization and privatization has prompted intense debates. This Article seeks to answer the following questions: (1) Why did some common property regimes dissipate quickly, while others resisted the forces of privatization for generations? (2) What explains the divergent trajectories that societies took in governing common resources? Building on the classic Coasean and Demsetzian law-andeconomics principles, this Article highlights two additional dimensions-institutional capacity and social embeddedness of propertyto explain how "hidden" social costs impacted …

A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor

Independent Study Project (ISP) Collection

The effects of climate change are becoming more pronounced, and they will have an increasingly destabilizing effect on societies around the globe. This research paper utilizes primary source material (e.g. interviews with field experts) and secondary source material to analyze the relationship between climate change and armed conflict, and the response of international humanitarian law. The consequences of climate change, like changing weather patterns, will increase global migration and strain the resources of host communities. This phenomenon, in addition to other climate-induced factors, may increase the likelihood of armed conflict breaking out. The case studies of the Darfur conflict in …

Fighting In The Fields: The Weaponization Of Agriculture & Its Legal Significance, Shelby Lepley

The International Law Review Association Student Forum

National prosperity depends on agricultural production for life-sustaining food, fiber, and by-products. Due to the inherent importance of the agricultural industry, it is often targeted in conflict to gain leverage against opposing forces. The Russo-Ukraine War provides a prime example of agriculture’s role during conflict, especially considering direct attacks to agricultural infrastructure and the Black Sea Grain Initiative. While this is an on-going conflict with emerging developments, this note will briefly examine the aspects of international humanitarian law and trade law that relate to the weaponization of agriculture. Furthermore, the analysis will evaluate whether there is sufficient legal deterrence to …

The Legal Requirement For Command And The Future Of Autonomous Military Platforms, Rain Liivoja, Eve Massingham, Simon Mckenzie

International Law Studies

Technologically advanced armed forces extensively use platforms that can be controlled remotely and do not require an on-board crew. Increasingly, these systems have the capacity to function with some degree of autonomy. The use of autonomous functionality is not specifically prohibited or regulated by the law of armed conflict but the use of autonomous functions in military systems remains governed by the general principles and rules of international law.

One existing international law concept may constrain the use of autonomous capabilities in military vessels and aircraft. This is the notion that military units must be “under the command” of an …

Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them- (Part I), Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

(Part I)

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance with the provisions of IHL. …

Estoppel By Nonviolence, Darrell A.H. Miller

Law and Contemporary Problems

No abstract provided.

Building Digital Walls And Making Speech And Internet Freedom (Or Chinese Technology) Pay For It, Apratim Vidyarthi, Rachel Hulvey

Indian Journal of Law and Technology

More broadly, the tools at the US government’s disposal— IEEPA, Congressional lawmaking authority, and CFIUS review—encourage the use of such flimsy rationale and a lack of transparency, which ultimately promotes such broad bans; and the costs of these bans are dear. There may be First Amendment implications, and at the very least, a chilling of speech. There are also significant impacts on American foreign policy, from legitimizing the Chinese strategy of cybersovereignty and government regulation, to the creation of incentives to localize data in a manner that might undermine American law enforcement efforts.

Killer Robots Or Soldiers Of The Future: Legal Issues And India's Role In The Lethal Autonomous Weapons Debate, Sarvjeet Singh, Sharngan Aravindakshan

Indian Journal of Law and Technology

This paper traces the politico-legal discussions surrounding autonomous weapons and unpacks the major legal issues plaguing scholarly and governmental debates around Lethal Autonomous Weapons Systems (LAWS). The authors first lay out a typology of autonomy to better understand issues and concerns with such weapons systems. The article then examines the broad legal framework with which these weapons will be required to comply and within whose boundaries these weapons will be required to be operated. The authors proceed to trace major States’ views on LAWS under the auspices of the United Nations Convention on Conventional Weapons. Finally, the authors examine Indian …

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Liberty University Journal of Statesmanship & Public Policy

In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …

Picketing—A Legal Cinderella, Hugh Douglas Price

Florida Law Review

No abstract provided.

Mr. Justice Douglas And Judicial Restraint, Marian D. Irish

Florida Law Review

No abstract provided.

Pretrial Conference In Florida, C. E. Chillingworth, Joseph S. White

Florida Law Review

No abstract provided.

A Quantitative Research Study On Probability Risk Assessments In Critical Infrastructure And Homeland Security, Alfred B. Lee

Doctoral Dissertations and Projects

This dissertation encompassed quantitative research on probabilistic risk assessment (PRA) elements in homeland security and the impact on critical infrastructure and key resources. There are 16 crucial infrastructure sectors in homeland security that represent assets, system networks, virtual and physical environments, roads and bridges, transportation, and air travel. The design included the Bayes theorem, a process used in PRAs when determining potential or probable events, causes, outcomes, and risks. The goal is to mitigate the effects of domestic terrorism and natural and man-made disasters, respond to events related to critical infrastructure that can impact the United States, and help protect …

Public Law And The Obsolescence Of The Lawyer, Arthur S. Miller

Florida Law Review

No abstract provided.

The Employer's Right To Halt Operations Permanently Or Temporarily, Leo P. Rock Jr.

Florida Law Review

No abstract provided.

Is Dennis Really A Menace?, Raymond L. Wise

Florida Law Review

No abstract provided.

The Legality Of Atmospheric Nuclear Tests – A Critical View Of International Law In The Cold War, Peter J. Fliess

Florida Law Review

No abstract provided.

Good Faith In Collective Bargaining, Dexter Delony

Florida Law Review

No abstract provided.

Striking A Balance Between The Norris-Laguardia And The Labor Management Relations Act: Is It Still Feasible After Buffalo Forge?, Lauren Young Detzel

Florida Law Review

No abstract provided.