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Articles 1 - 9 of 9
Full-Text Articles in Law
The Pivotal Role Of International Human Rights Law In Defeating Cybercrime: Amid A (Un-Backed) Global Treaty On Cybercrime, Professor Fatemah Albader
The Pivotal Role Of International Human Rights Law In Defeating Cybercrime: Amid A (Un-Backed) Global Treaty On Cybercrime, Professor Fatemah Albader
Vanderbilt Journal of Transnational Law
On May 26, 2021, the General Assembly of the United Nations adopted a resolution approving the drafting of a new global treaty on cybercrime, which commenced in February 2022. The proposed UN agreement on cybercrime regulation has garnered significant criticism among the international community, namely by state delegates, human rights advocates, and nongovernmental organizations. Fears stem from the belief that such a treaty would be used to legitimize abusive practices and undermine fundamental human rights. National cybercrime laws already unduly restrict human rights. However, at a time where the global community has moved toward a digital world, it becomes even …
The Law And Politics Of Ransomware, Asaf Lubin
The Law And Politics Of Ransomware, Asaf Lubin
Vanderbilt Journal of Transnational Law
What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between twenty thousand and thirty thousand per day in the United States alone. That is a ransomware attack every eleven seconds, each of which …
Information Operations Under International Law, Tsvetelina Van Benthem, Talita Dias, Duncan B. Hollis
Information Operations Under International Law, Tsvetelina Van Benthem, Talita Dias, Duncan B. Hollis
Vanderbilt Journal of Transnational Law
An information operation or activity (IO) can be defined as the deployment of digital resources for cognitive purposes to change or reinforce attitudes or behaviors of the targeted audience in ways that align with the authors' interests. While not a new phenomenon, these operations have become increasingly prominent and pervasive in today's digital age, a trend that the ongoing war in Ukraine and the use of the internet for terrorist purposes tragically demonstrate. Against this backdrop, this Article critically assesses the existing international legal framework applicable to IOs. It makes three overarching claims. First, IOs can cause real and tangible …
Regulating Global Stablecoins: A Model-Law Strategy, Steven L. Schwarcz
Regulating Global Stablecoins: A Model-Law Strategy, Steven L. Schwarcz
Vanderbilt Law Review
Digital currencies have the potential to improve the speed and efficiency of the payment system. The principal challenge is retail: to facilitate day-to-day payments among consumers as an alternative to cash, both domestically and across national borders. Two models of digital currencies are becoming viable: central bank digital currencies and nongovernment-issued currencies that are backed by assets having intrinsic value (stablecoins or, when widely used internationally, global stablecoins). Because they are not government issued, global stablecoins present complex and novel cross-border regulatory challenges, including managing the costs of complying with a multitude of national laws and ensuring international legal enforceability. …
Security Council Resolutions And The Double Function Of Explanation Of Votes, Mark Klamberg
Security Council Resolutions And The Double Function Of Explanation Of Votes, Mark Klamberg
Vanderbilt Journal of Transnational Law
UN Security Council resolutions are not always clear: they sometimes need to be interpreted. Members of the Security Council may make statements in connection with their votes, termed explanation of votes. Explanation of votes may have at least two functions. First, they may contribute to the formation of customary international law. Secondly, they can be used as a means for interpreting Security Council resolutions in relation to a specific situation or dispute. The present Article examines different trajectories of conversations to show how Security Council resolutions and explanation of votes may protect the status quo in some instances and act …
Challenging Some Baseline Assumptions About The Evolution Of International Commissions Of Inquiry, Michael A. Becker
Challenging Some Baseline Assumptions About The Evolution Of International Commissions Of Inquiry, Michael A. Becker
Vanderbilt Journal of Transnational Law
Conventional accounts of the historical development of international commissions of inquiry reflect a progress narrative consisting of three propositions: (1) that recourse to inquiry bodies has increased dramatically in the post-Cold War era, (2) that inquiry bodies have evolved from mechanisms for "pure" fact- finding into quasi-judicial bodies that engage with international law, and (3) that the function of inquiry bodies has shifted from diplomatic dispute settlement to norm enforcement and accountability. Part I explains how this narrative simplifies and distorts the rich history of inquiry bodies in international affairs. Part II shows how the idea of a post-Cold War …
Data Transfers After Schrems Ii: The Eu-Us Disagreements Over Data Privacy And National Security, Monika Zalnieriute
Data Transfers After Schrems Ii: The Eu-Us Disagreements Over Data Privacy And National Security, Monika Zalnieriute
Vanderbilt Journal of Transnational Law
In the long-awaited Schrems II decision, the Court of Justice of the European Union (CJEU) took a radical, although not an unexpected, step in invalidating the Privacy Shield Agreement, which facilitated data transfers between the European Union and the United States. Schrems II illuminates long-lasting international disagreements between the EU and the United States over data protection, national security, and the fundamental differences between the public and private approaches to the protection of human rights in the data-driven economy and modern state. This Article approaches the decision via an interdisciplinary lens of international law and international relations and situates it …
Artificial Waterways In International Water Law: An American Perspective, Tamar Meshel
Artificial Waterways In International Water Law: An American Perspective, Tamar Meshel
Vanderbilt Journal of Transnational Law
Freshwater is a fleeting natural resource that can never be fully harnessed or appropriated by humans. Nonetheless, under both domestic and international law, freshwater is a regulated resource and legal principles have developed to govern its allocation and use. But what of freshwater that, rather than flowing naturally, has been made to so flow by human intervention? Should artificial waterways be subject to the same legal principles that govern the ownership and use of waterways that are naturally occurring?
This Article takes a first step toward clarifying when and how international water law principles applicable to natural transboundary waterways should …
Russia, Ukraine, And The Future World Order, Ingrid W. Brunk, Monica Hakimi
Russia, Ukraine, And The Future World Order, Ingrid W. Brunk, Monica Hakimi
Vanderbilt Law School Faculty Publications
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we all inhabit.