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International Law Commons

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2020

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Articles 511 - 540 of 842

Full-Text Articles in International Law

Collective Countermeasures In Cyberspace, Jeff Kosseff Jan 2020

Collective Countermeasures In Cyberspace, Jeff Kosseff

Notre Dame Journal of International & Comparative Law

The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states …


An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty Jan 2020

An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty

Notre Dame Journal of International & Comparative Law

Cybersecurity breaches have affected consumers and the landscape of politics globally. Legal developments have been reactive and incomprehensive. The fatal flaws of international law make it an ill-suited solution to these concerns because international law binds state actors and does not give individuals rights. International human rights law, however, provides the best solution because it does provide harmed individuals with rights and mechanisms to seek recourse. Cybersecurity relates to several key areas of human rights law and, therefore, its regulation is well suited to the existing international human rights regulatory scheme. This Article explores the possibility of using international human …


Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood Jan 2020

Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood

Notre Dame Journal of International & Comparative Law

Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may …


Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino Jan 2020

Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino

Notre Dame Journal of International & Comparative Law

In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing …


It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris Jan 2020

It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris

Notre Dame Journal of International & Comparative Law

While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the …


O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli Jan 2020

O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli

The Journal of Business, Entrepreneurship & the Law

In this perspective, the purpose of this Article is to analyze the functioning of the European regulatory framework for the crisis of credit institutions in the light of its early applications, and with a special focus on the bail-in tool. We investigate how the new resolution mechanisms—rooted in the principle of private sector involvement in banking restructurings—have interplayed with (and tried to re-shape) legal and institutional contexts still characterized by an attitude to bail-out rescues and by non-harmonized national insolvency legislations.


Human Rights Incorporated, Not Everyone Agrees, Dana Johnston Jan 2020

Human Rights Incorporated, Not Everyone Agrees, Dana Johnston

The Journal of Business, Entrepreneurship & the Law

There is a massive gap between the operations of businesses and the fundamental human rights of the workers and people impacted by the businesses. This has become apparent in the multiple major cases of abuse that have occurred in recent history. Businesses should be looking to hold their operations to high human rights requirements. Companies should be required to respect all human rights and not pick and choose which rights to deal with or which rights are easy for them to handle. Businesses have the ability to negatively or positively impact all human rights issues including, health and safety, freedom …


Lessons Learned: Edwin (Ted) Truman, Yasemin Sim Esmen Jan 2020

Lessons Learned: Edwin (Ted) Truman, Yasemin Sim Esmen

Journal of Financial Crises

Insights on fighting financial crises from Ted Truman, an expert in responding to the international dimensions of financial crises. Topics include the initial US response to the Global Financial Crisis of 2008-2009 and the utiltiy of issuing Special Drawing Rights (SDR).


Basel Iii B: Basel Iii Overview, Christian M. Mcnamara, Michael Wedow, Andrew Metrick Jan 2020

Basel Iii B: Basel Iii Overview, Christian M. Mcnamara, Michael Wedow, Andrew Metrick

Journal of Financial Crises

In the wake of the financial crisis of 2007-09, the Basel Committee on Banking Supervision (BCBS) faced the critical task of diagnosing what went wrong and then updating regulatory standards aimed at preventing it from occurring again. In seeking to strengthen the microprudential regulation associated with the earlier Basel Accords while also adding a macroprudential overlay, Basel III consists of proposals in three main areas intended to address 1) capital reform, 2) liquidity standards, and 3) systemic risk and interconnectedness. This case considers the causes of the 2007-09 financial crisis and what they suggest about weaknesses in the Basel regime …


Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick Jan 2020

Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

From the earliest efforts to mandate the amount of capital banks must maintain, regulators have grappled with how best to accomplish this task. Until the 1980s, regulation had been based largely on discretion and judgment. In the wake of two bank failures, the central bank governors of the G10 countries established the Basel Committee on Banking Supervision (BCBS) and in 1988, the BCBS introduced a capital measurement system, Basel I. The system represented a triumph of the fixed numerical approach, however, critics worried that it was too blunt an instrument. In 1999, the BCBS issued Basel II, a proposal to …


Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert Jan 2020

Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert

Georgia Journal of International & Comparative Law

No abstract provided.


The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth Jan 2020

The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth

Georgia Journal of International & Comparative Law

No abstract provided.


States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed Jan 2020

States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed

Georgia Journal of International & Comparative Law

No abstract provided.


The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner Jan 2020

The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner

Georgia Journal of International & Comparative Law

No abstract provided.


Defense Issues At The International Criminal Court, Megan A. Fairlie Jan 2020

Defense Issues At The International Criminal Court, Megan A. Fairlie

Georgia Journal of International & Comparative Law

No abstract provided.


The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza Jan 2020

The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis Jan 2020

Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis

Faculty Scholarship

No abstract provided.


Indian Surrogacy: Ending Cheap Labor, Jaya Reddy Jan 2020

Indian Surrogacy: Ending Cheap Labor, Jaya Reddy

Santa Clara Journal of International Law

Indian Surrogacy: Ending Cheap Labor


Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra Jan 2020

Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra

Santa Clara Journal of International Law

Matter of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation and Legislation


Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick Jan 2020

Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick

Pace Environmental Law Review

The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …


Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick Jan 2020

Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick

Pace Environmental Law Review

No abstract provided.


Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali Jan 2020

Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali

Santa Clara Journal of International Law

Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality


The Killing Of Soleimani And International Law, Mary Ellen O'Connell Jan 2020

The Killing Of Soleimani And International Law, Mary Ellen O'Connell

NDLS in the News

On 3 January, missiles launched from a United States Reaper drone struck two vehicles leaving Baghdad’s international airport. At least seven people died in the attack, including the commander of Iran’s Quds force, General Qassem Soleimani. On 5 January, Iranian Major General Hossein Dehghan, reported to be the military adviser to Iran’s Supreme Leader, gave an exclusive interview to CNN and said Iran “would retaliate directly against US ‘military sites.’”


Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó Jan 2020

Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó

International Law Studies

This article examines the most pertinent questions relating to the applicability of the right of self-defense to attacks conducted by non-State armed groups (NSAGs) acting independently of State control from the territory of one or more States against the territory of another State. These questions are approached from the perspective of legality (does the right of self-defense apply to attacks not mounted by or under the control of a State) and modality (assuming the applicability of self-defense to such attacks; how do the principles of necessity, proportionality and immediacy affect its application)? Starting with an assessment of the place of …


On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov Jan 2020

On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov

International Relations: Politics, Economics, Law

The article discusses measures to create a favorable investment climate, improve the business environment and improve the position of the Republic of Uzbekistan in the international Doing Business index.


Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov Jan 2020

Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov

International Relations: Politics, Economics, Law

Аuthor analysis and gives new comprehension of contemporary problems of states succession in international law, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.


Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev Jan 2020

Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev

International Relations: Politics, Economics, Law

This article presents an objective analysis of the system of consular offices of the Republic of Uzbekistan, a unified system, the legal framework of its activities, the main directions of its activities and its role in the currently changing system of international relations, as well as efforts to support the economy of Uzbekistan. As part of the study, institutional proposals were put forward to strengthen the consular posts of the Republic of Uzbekistan.


Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli Jan 2020

Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli

ILSA Journal of International & Comparative Law

No abstract provided.


Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora Jan 2020

Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora

ILSA Journal of International & Comparative Law

No abstract provided.


Ilsa Journal Of International And Comparative Law Jan 2020

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.