Letter From The Editor,
2020
Notre Dame Law School
Letter From The Editor, Brad A. Rocheville
Notre Dame Journal of International & Comparative Law
No abstract provided.
Masthead,
2020
Notre Dame Law School
Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct,
2020
University of Notre Dame Law School
Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell
Notre Dame Journal of International & Comparative Law
State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule …
Collective Countermeasures In Cyberspace,
2020
United States Naval Academy, Department of Cyber Science
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,
2020
University of Tulsa College of Law
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,
2020
University of Leeds, United Kingdom
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,
2020
University of Notre Dame Law School
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,
2020
University of Notre Dame Law School
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 …
Basel Iii D: Swiss Finish To Basel Iii,
2020
Yale School of Management
Basel Iii D: Swiss Finish To Basel Iii, Christian M. Mcnamara, Natalia Tente, Andrew Metrick
Journal of Financial Crises
After the Basel Committee on Banking Supervision (BCBS) introduced the Basel III framework in 2010, individual countries confronted the question of how best to implement the framework given their unique circumstances. Switzerland, with a banking industry that is both heavily concentrated and very large relative to the size of its overall economy, faced a special challenge. It ultimately adopted what is sometimes referred to as the “Swiss Finish” to Basel III—enhanced requirements applicable to Switzerland’s “too-big-to-fail” banks Credit Suisse and UBS that go beyond the base requirements established by the BCBS. Yet the prominent role played by relatively new contingent …
Basel Iii A: Regulatory History,
2020
Yale School of Management
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 …
Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?,
2020
University of Georgia School of Law
Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
United Nations Guiding Principles On Business And Human Rights: Does The United Kingdom Fulfill The Third Pillar?,
2020
University of Georgia School of Law
United Nations Guiding Principles On Business And Human Rights: Does The United Kingdom Fulfill The Third Pillar?, Hayley Alexandra Nicolich
Georgia Journal of International & Comparative Law
No abstract provided.
¿Marero O Terrorista? Examining The Supreme Court Of El Salvador's Designation Of Gang Members As Terrorists,
2020
University of Georgia School of Law
¿Marero O Terrorista? Examining The Supreme Court Of El Salvador's Designation Of Gang Members As Terrorists, Karla Martinez
Georgia Journal of International & Comparative Law
No abstract provided.
Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?,
2020
Nova Southeastern University
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,
2020
Nova Southeastern University
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,
2020
Nova Southeastern University
Ilsa Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Comparative Constitutional Democracy Colloquium,
2020
University of Maryland Francis King Carey School of Law
Comparative Constitutional Democracy Colloquium
Maryland Carey Law
No abstract provided.
The Pandemic Paradox In International Law,
2020
University of Maryland Francis King Carey School of Law
The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders
Faculty Scholarship
No abstract provided.
Navigating The Backlash Against Global Law And Institutions,
2020
University of Maryland Francis King Carey School of Law
Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven
Faculty Scholarship
No abstract provided.
Compliance As An Exchange Of Legitimacy For Influence, In The Oxford Handbook Of Global Legal Pluralism (Paul Schiff Berman Ed., 2020),
2020
Washington and Lee University School of Law
Compliance As An Exchange Of Legitimacy For Influence, In The Oxford Handbook Of Global Legal Pluralism (Paul Schiff Berman Ed., 2020), Kishanthi Parella
Books and Chapters
This chapter explains that business actors comply with legally nonbinding institutions because of an exchange between legitimacy and influence. Specifically, the information effects produced by both binding and nonbinding institutions can cause reputational damage to a company. To regain its legitimacy, that company associates itself with a more reputable organization than itself, regaining legitimacy through that association. However, that association often comes at a price. In exchange for conferring legitimacy, the external organization will promote its own institutions for the company’s adoption. Companies therefore adopt these institutions in order to credibly signal the quality of their association with the external …
