Military, War, and Peace Commons^™

Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama

University of San Francisco Law Review

No abstract provided.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …

Satellite Communications Law: The Nexus Of Space And Telecom Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Given the complexity of satellite communications as a global business sector involving many private as well as public operators, many national and international regulators and a constantly evolving suite of services offered to an ever-increasing number of users and consumers, it should not come as a surprise that the legal environment—the sets of rules, rights, and obligations applicable to anyone operating in the field—is highly complex as well. This is already true even if merely focusing at the international level, where the myriad domestic regimes play varying roles—largely neglected in this particular article—in implementing, interpreting, refining, enforcing, or even changing …

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …

Will Cyber Autonomy Undercut Democratic Accountability?, Ashley Deeks

International Law Studies

In recent years, legislative bodies such as the U.S. Congress and the U.K. Parliament have struggled to maintain a role for themselves in government decisions to conduct military operations against foreign adversaries. Some of these challenges arise from constitutional structures, but they are also due to the changing nature of conflict: a shift away from large-scale kinetic operations and toward smaller-scale operations—including cyber operations—that are less visible and that do not require robust legislative support. These modern operations leave legislatures to engage in ex post and sometimes ineffective efforts to hold their executive branches accountable for international uses of force …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Temporary Protection Status: A Yugoslavian Precedent, Medina Dzubur

Indiana Journal of Global Legal Studies

Analyzing the past use of temporary protection status to shield those facing "ethnic cleansing, massacres, mass rapes, and cultural vandalism" is fundamental in understanding how this tool can be utilized to protect modern refugees, and why EU members have refused to implement this status further. In other words, should temporary protection status, considering the legal framework and the socioeconomic effects, be granted to Syrian refugees? This note argues in favor of granting temporary protection status to Syrian refugees because the status (1) offers a recourse for displaced persons that would not be covered by traditional legal protections, (2) produces quicker …

The Dangers Of Humanitarian Intervention And The Responsibility To Protect Doctrine, And A Partial Solution, Matthew Bellinger

Indiana Journal of Global Legal Studies

When the United Nations (UN) was formed, one of its most important goals was to render war obsolete. The UN Charter states as a goal the hope to "save succeeding generations from the scourge of war." When President Franklin D. Roosevelt first described his vision for a post-World War II international organization, he envisioned an organization that would promote and facilitate "international cooperation . . . to consider and deal with the problem of world relations." He also wanted a council that would "concern itself with peaceful settlement of international disputes." The UN Charter itself took the then-unprecedented step of …

Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable

Indiana Journal of Global Legal Studies

In this article, the author draws on long engagement with multilateralism, both in domestic jurisdiction and international institutions. He describes the growth of post-War United Nations activities and the increasing impact of international law, including on universal human rights. He records international initiatives on global problems like HI V/AIDS and in individual countries, such as Cambodia and North Korea. He then describes recent examples of '"pushback" against multilateralism, especially on the part of the United States, the United Kingdom, some European countries, and Australia. He concludes with illustrations and reasons why the global community should remain optimistic about multilateralism, despite …

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova

Brooklyn Journal of International Law

Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …

Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj

Brooklyn Journal of International Law

On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In Indefinite Occupation: Palestine, Sari Bashi

Cardozo International & Comparative Law Review

The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the …

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

War Powers: Congress, The President, And The Courts – A Model Casebook Section, Stephen M. Griffin, Matthew C. Waxman

Faculty Scholarship

This model casebook section is concerned with the constitutional law of war powers as developed by the executive and legislative branches, with a limited look at relevant statutes and federal court cases. It is intended for use in Constitutional Law I classes that cover separation of powers. It could also be used for courses in National Security Law or Foreign Relations Law, or for graduate courses in U.S. foreign policy. This is designed to be the reading for one to two classes, and it can supplement or replace standard casebook sections on war powers that are shorter and offer less …

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Articles & Chapters

The sex trafficking of women and girls by US. military men remains an issue plaguing US. military bases overseas. While the US. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas US. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all US. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …

The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely

Cardozo International & Comparative Law Review

The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.

The Eu-U.S. Privacy Shield: An Uncertain Future, Catherine Read

Cardozo International & Comparative Law Review

The note examines the challenges facing the EU-U.S. Privacy Shield due to the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) and the U.S. government's uneven implementation of Privacy Shield recommendations. It argues that without reforms, such as incorporating Presidential Policy Directive-28 (PPD-28) protections into Section 702, maintaining a fully staffed Privacy and Civil Liberties Oversight Board (PCLOB), and enforcing stricter compliance measures, the future of the Privacy Shield and transatlantic data flows remains uncertain.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Defining Critical Infrastructure For A Global Application, Colleen M. Newbill

Indiana Journal of Global Legal Studies

A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …