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Articles 1 - 7 of 7
Full-Text Articles in Law
New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters
New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters
Dalhousie Law Journal
The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levee en masse, and asking whether the concept could have relevance in the cyber context. The article treats levee en masse as a litmus test for the law's relevance; if this IHL "relic" could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
PhD Dissertations
For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …
Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia
Application Of The State Immunity Rule In The International Criminal Justice System: Problems Arising And A Critique Of Legal Response Mechanisms, Celestine Nchekwube Ezennia
LLM Theses
The state immunity rule was founded upon such sound rationales as respect for the sovereign equality of all states and non-interference with state functions. However, its application in the international criminal justice system produces numerous problems. These include impunity for violation of peremptory international legal norms (like the prohibitions on serious international crimes) and violation of human rights. It also undermines the individual accountability and justice administration missions of the system because it shields state officials from criminal responsibility and subjects their victims to injustice. The international community has adopted various legal mechanisms which attempt to respond to these problems …
Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, Sara Gwendolyn Ross
Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The Union of South American Nations (Unasur) presents the most recent vision for trade liberalization and political, economic, and social integration amongst South American countries. Unasur has set 2019 as the year by which it hopes to accomplish many of its goals, such as full regional integration and tariff elimination. But, as 2019 slowly approaches, it remains to be seen whether Unasur will in fact be able to reach these goals. While Unasur’s future is certainly compelling, before heralding Unasur as the long-awaited panacea for pure regional integration, important lessons can be drawn from previous attempts at and iterations of …
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …
Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle
Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper considers the potential for the UNCLOS and UNFCCC regimes to be faced with disputes at the intersection between the management of climate change and ocean governance. Using the example of geo-engineering, the chapter considers how tensions between climate mitigation and management and conservation goals are likely to be addressed under the two regimes. The paper explores the capacity of the existing dispute resolutions mechanisms under the two regimes to deal with these tensions, conflicts and overlap.
Opt-Out Process For Developing Countries, Meinhard Doelle
Opt-Out Process For Developing Countries, Meinhard Doelle
Articles, Book Chapters, & Popular Press
The Carbon Majors Funding Loss and Damage report by the Heinrich Böll Foundation and Climate Justice Programme proposes an international funding mechanism for loss and damage that would be funded by private and state actors that contribute significantly to GHG emissions. This paper explores special rules for state owned companies from developing countries that would be required to contribute to the proposed funding mechanism.