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Full-Text Articles in Law
"Virtual" Disenfranchisement: Cyber Election Meddling In The Grey Zones Of International Law, Michael N. Schmitt
"Virtual" Disenfranchisement: Cyber Election Meddling In The Grey Zones Of International Law, Michael N. Schmitt
Chicago Journal of International Law
This Article examines remotely conducted election meddling by cyber means in the context of international law and asks whether such cyber operations qualify as "internationally wrongful acts." An internationally wrongful act requires both a breach of a legal obligation owed by one State to another under international law and attribution of the act to the former. The Article considers three possible breaches related to such meddling - violation of the requirement to respect sovereignty, intervention into the internal affairs of another State, and, when the cyber operations are not attributable to the State from which they were launched, breach of …
Taking "Great Care": Defining Victims Of Hate Speech Targeting Religious Minorities, Whittney Barth
Taking "Great Care": Defining Victims Of Hate Speech Targeting Religious Minorities, Whittney Barth
Chicago Journal of International Law
This Comment explores the intersection of race and religion in cases brought before the Human Rights Committee alleging violations of Article 20(2) of the International Covenant on Civil and Political Rights. This article proposes a positive requirement for states parties to prohibit hate speech. Specifically, the following analysis considers Committee determinations of standing in cases brought by Muslims living in Europe who sought to challenge a state party's response to discriminatory remarks made by public figures. This Comment argues that these determinations, which appear to implicitly endorse a lower threshold for group standing when both race and religion are under …
Judicial Deference Allows European Consensus To Emerge, Shai Dothan
Judicial Deference Allows European Consensus To Emerge, Shai Dothan
Chicago Journal of International Law
The European Court of Human Rights (ECHR) searches for human rights policies that are adopted by the majority of the countries in Europe. Using a doctrine known as “emerging consensus,” the court then imposes these policies as an international legal obligation on all the countries under its jurisdiction. But the ECHR sometimes defers to countries, even if their policies fall short of the standard accepted by most of the countries in Europe. This deference is accomplished by using the so-called “margin of appreciation” doctrine. Naturally, emerging consensus and margin of appreciation are often conceived as competing doctrines: the more there …
Enforcing A Prohibition On International Espionage, Jared Beim
Enforcing A Prohibition On International Espionage, Jared Beim
Chicago Journal of International Law
Peacetime espionage is an incredibly important and common occurrence in modern international relations, yet its legal status is far from clear. This Comment explores the practice’s legal background, as well as the arguments for and against its legality. While there can be many benefits to peacetime espionage, and while few countries have “clean hands,” it seems unworkable to overcome the presupposition that most espionage is an “intervention” as defined by the ICJ in Nicaragua v. U.S., even if the prohibition on espionage is often unenforced. With the conclusion that most peacetime espionage is likely illegal under international law, this Comment …
The United Nations Security Council’S Implementation Of The Responsibility To Protect: A Review Of Past Interventions And Recommendations For Improvement, Jared Genser
Chicago Journal of International Law
When it was codified and adopted by the United Nations (U.N.) system in 2005, the doctrine of the Responsibility to Protect (R2P) was meant to provide an implementation mechanism for the international community to respond to governments that were perpetrating mass atrocity crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity against their own people. As R2P is now in its second decade of existence as a codified norm, it is important to comprehensively evaluate past implementation of R2P by the United Nations Security Council—the U.N. body charged with taking collective action when all other diplomacy has failed …
International Contractualism Revisited: Non-Pecuniary Remedies Under The Fair And Equitable Treatment Standard, Patrick J. Rodriguez
International Contractualism Revisited: Non-Pecuniary Remedies Under The Fair And Equitable Treatment Standard, Patrick J. Rodriguez
Chicago Journal of International Law
For years, the international investment regulatory regime has puzzled onlookers with its complexity. Because the system is defined by its vast network of bilateral investment treaties (BITs), the rights and obligations of foreign investors differ greatly from those of all other participants in international trade. At the heart of this confusion is the fair and equitable treatment (FET) standard. While in theory the FET standard purports to promote global economic growth through the broad protection of foreign direct investment (FDI) in developing nations, the standard’s inherent vagueness leaves arbitration tribunals with little guidance to resolve investor-state conflicts. At the same …
The Rise Of Risk In International Law, Stephen Townley
The Rise Of Risk In International Law, Stephen Townley
Chicago Journal of International Law
Risk analysis—a coping mechanism for the uncertainties we see everywhere around us—is on the rise, including at the international level. It now informs, for instance, the work of the Security Council and human rights law and practice. While the story of how risk analysis has inflected international environmental law is frequently told, there has been little attention paid to the way in which risk is increasingly relevant to other areas of international law, including through “due diligence” standards. This Article fills this gap, describing risk’s propagation across different international legal fields. It also offers a taxonomy of the ways in …