Law Commons^™

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih

UAEU Law Journal

International and non- international armed conflicts have witnessed the use of water as a weapon in order to reverse the battle balance by combating parties. Aggressive acts were turned towards water resources and its equipment. Therefore, dams, water reservoirs, and energy generation centres were attacked. Besides water resources were poisoned by throwing cadavers in rivers and lakes which has led to a number of dead. This latter has surpassed the one killed in fighting acts.

So we will try through this study to shed light on the protection systems designed for water and water resources during armed conflict. We will …

Internet Law, Taleb Hassan Musa, Omar Mahmoud Aamer

UAEU Law Journal

This paper aims to illustrate the basis of cyberspace law and its potential environment. Indeed, the laws governing the cyberspace are still premature at both national and international levels. This is due to the undefined nature of cyber borders that globalize the Internet in contradiction with the geographic borders. Hence, individual countries are losing part of their sovereignty as result of globalization of the internet to a point it is becoming a borderless space with no laws and regulations. This urges to agree on new international legislations to handle any acts that are not confined by geographical borders or any …

International Cooperation In Combating Modern Forms Of Maritime Piracy, Hanan Malaeb

UAEU Law Journal

Maritime piracy has increased since 2008, posing a real threat to the international peace and security. Therefore, many voices criticized the international legal legislations related to maritime piracy and accused them of being incapable of dealing with this widening phenomenon, being very limited to a few articles contained in the United Nations Convention for the law of seas of 1982. That criticism necessitated to study all the international legislations related to piracy, which were issued before and after 2008. As a result, we noticed that all the international conventions related to the sea and the international resolutions issued by the …

The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani

Catholic University Journal of Law and Technology

Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …