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Full-Text Articles in Law

Can Turkey Legally Close Its Straits To Russian Warships? It’S Complicated, James Kraska Aug 2022

Can Turkey Legally Close Its Straits To Russian Warships? It’S Complicated, James Kraska

International Law Studies

This article originally appeared in Foreign Policy, March 1, 2022, https://foreignpolicy.com/2022/03/ 01/turkey-black-sea-straits-russia-ships-ukraine-war/.


Closing The Turkish Straits In Times Of War, Raul (Pete) Pedrozo Aug 2022

Closing The Turkish Straits In Times Of War, Raul (Pete) Pedrozo

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, Mar. 3, 2022, https://lieber.westpoint.edu/closing-turkish-straits-war/.


International Law Considerations For 21st Century Engagements At Sea, Vice Admiral Darse E. “Del” Crandall Jr. Jul 2022

International Law Considerations For 21st Century Engagements At Sea, Vice Admiral Darse E. “Del” Crandall Jr.

International Law Studies

Keynote address by the Judge Advocate General of the U.S. Navy at the Alexander C. Cushing International Law Conference at the U.S. Naval War College, Newport, Rhode Island, May 16, 2022.


Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre May 2022

Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre

International Law Studies

The classification under international humanitarian law of certain cross-border armed conflicts against an organized armed group remains controversial. More specifically, cross-border armed conflicts resulting from a non-consensual State intervention, such as the United States’ intervention in Syria (without Syrian consent) against the Islamic State, still divide legal scholarship regarding their appropriate classification. One theory argues for a single classification of non-international armed conflict between the intervening State and the organized armed group; another theory relies on a double classification of non-consensual State interventions, adding to the non-international armed conflict an international armed conflict between the intervening State and the territorial …


Maritime Counter-Narcotics Agreements, Office Of The Staff Judge Advocate Apr 2022

Maritime Counter-Narcotics Agreements, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.


The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson Mar 2022

The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson

International Law Studies

Given that cyber technologies have made way for attempts to influence the affairs of other States in novel and unique ways, scholars have turned to the international legal rule which is prima facie most relevant in addressing such meddling; namely, the prohibition on intervention. Moreover, there appears to be quite a wide-ranging consensus in scholarship that the prohibition on intervention applies to a broad range of cyber operations. In contrast to such scholarship, this article argues that, under the lex lata, the prohibition on intervention only applies to acts amounting to a use of force or constituting support for …


The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra Feb 2022

The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra

International Law Studies

The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …


Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias Feb 2022

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …