International Law Commons^™

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

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

The Value And Viability Of The South China Sea Arbitration Ruling: The U.S. Perspective 2016–2020, Jonathan G. Odom

International Law Studies

In 2016, an international arbitral tribunal issued a landmark ruling addressing a number of international law issues in the South China Sea. Yet more than four years have passed since that ruling, and the South China Sea situation remains unresolved. The South China Sea arbitration ruling was a positive step in applying a rules-based approach to framing, managing and resolving some of these international disputes. Thus, the international community should reflect upon the value and viability of the arbitral tribunal’s ruling, to include viewing it from the current perspectives of individual States. This article provides a more detailed review and …

Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson

International Law Studies

Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.

Testing that sense, this article examines the …

The South China Sea Arbitration Award, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Challenging The International Trend: The Case For Artificial Intelligence Inventorship In The United States, Fok, Ernest

Santa Clara Journal of International Law

CHALLENGING THE INTERNATIONAL

TREND:

THE CASE FOR ARTIFICIAL

INTELLIGENCE INVENTORSHIP IN THE

UNITED STATES

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

International Straits, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.

Air Defense Identification Zones, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Archipelagic States, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Navigational Regimes, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

The Undead Past: How Collective Memory Configures Trade Wars (Forthcoming), Sungjoon Cho

All Faculty Scholarship

Conventional narratives explicate the recent trade war between the United States and China in realist terms, such as a hegemonic struggle symbolized by the “Thucydides’ trap.” Yet this universalist heuristic fatally omits ideational factors, such as beliefs, which are capable of contextualizing a particular foreign affair. The U.S.-China economic conflicts of today are characterized as much by past convictions as by simple power politics. This Article aims to remedy this analytical blind spot by employing the concept of “collective memory.” The central claim is that the particular ways and forms in which the U.S. elites and the public remember, and …

Inequality, Covid-19, And Human Rights: Whose Lives Matter?, Barbara Stark

ILSA Journal of International & Comparative Law

No abstract provided.

The Biden (Energy) Doctrine, Frédéric Gilles Sourgens

ILSA Journal of International & Comparative Law

No abstract provided.