scholarly journals Cyber legalism: why it fails and what to do about it

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Lucas Kello
Keyword(s):  
International Law ◽  
Response Strategy ◽  
Conflict Prevention ◽  
Security Strategy ◽  
Strong Response ◽  
Economic Interests ◽  
Strategic Objectives ◽  
Material Interests ◽  
Cyber Conflict ◽  
Security Affairs

Abstract Western nations face a glaring punishment problem in the cyber domain. Repeatedly, other nations assail their political and economic interests. Repeatedly, Western leaders warn about the gravity of such actions. And yet repeatedly, the victims failed to punish to deter the offenders. This article examines why and how this situation arose and what to do about it. The Western approach to cyber conflict prevention emphasizes the centrality of existing international law and norms. The legal and normative framework is not adequate for this purpose, however, because it does not provide sufficient grounds to credibly respond to actions falling short of war. Consequently, the Western approach has failed spectacularly. It fails to grasp a central truth about contemporary security affairs: much of modern interstate rivalry fits neither the destructive criteria of war nor the acceptable boundaries of peaceful rivalry. Rather, it is unpeace, or mid-spectrum rivalry that is more damaging than traditional peacetime activity, but not physically violent like war. Nations use cyberspace to achieve some of the political and strategic objectives of war without firing a single gun. The lack of an effective Western response betrays not tolerance of aggression but a failure to devise a response strategy commensurate with the legal and doctrinal ambiguities of unpeace. Existing law and norms are a source of the problem, not its solution. An interim solution must be found instead in the development of new doctrine—in a consequentialist strategy that affects adversaries’ material interests to deter actions which international law and security strategy do not ordinarily recognize as deserving a strong response.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

La "green economy" e la realizzazione dei diritti dell'uomo alla base dello sviluppo sostenibile

2012 ◽  
pp. 587-607
Author(s):  
Pia Acconci
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Green Economy ◽  
International Organisations ◽  
Economic Interests ◽  
Policy Issues ◽  
Economic Relations ◽  
Current Trends ◽  
International Economic Relations ◽  
The Future

This article focuses on the relevance of the ‘green economy' for the promotion of human rights as the base of sustainable development, in light of major trends in international law. In June of this year, at the end of the UN Conference Rio +20 on Sustainable Development, States adopted a document - "The Future We Want" - which refers to the ‘green economy' as an economic model for the future. "The Future We Want" confirms the tendency towards the increasing involvement of private parties in international economic relations. However, complex policy issues concerning the interaction between economic and non-economic interests/concerns have arisen from current trends towards interdependence, liberalization and privatization. Some issues have brought about international disputes which are difficult to be settled, since the applicable principles and rules to the merits are insufficient and fragmented. As disputes owing to conflicts between economic and non-economic interests/concerns constitute a relevant investment and/or trade risk, all States need to promote the rapid settlement and prevention of such disputes. To this end, States and international organisations might increase the level of integration of non-economic concerns into international agreements concerning economic matters and adopt interpretative guidelines and clarifications of the existing rules.

Part III Regimes and Doctrines, Ch.40 Theorizing International Law and Development

2016 ◽  
Author(s):  
Rittich Kerry
Keyword(s):  
Social Change ◽  
International Law ◽  
Global Governance ◽  
Development Policy ◽  
International Order ◽  
Institutional Constraints ◽  
Policy And Practice ◽  
Economic Interests ◽  
Law And Development ◽  
Development Agenda

This chapter explores the scholarship and practice surrounding international law and development. As a field, law and development might be understood as theoretical in its essence: it revolves around the rise, diffusion, transformation, and disintegration of ideas, theories, concepts, and paradigms concerning law and social change. Political agendas, institutional constraints, as well as economic interests are all crucial to understanding the manner in which the law and development agenda has evolved. Development policy and practice have been crucially important to the generation of global governance norms. Law and development has become at once a source and repository of norms about the forms and functions of law, domestic as well as international, and a powerful counterweight to other sources of law in the international order.

The Limits of Compensation: Swiss Neutrality Policy in the Cold War

2016 ◽  
Vol 18 (4) ◽  
pp. 12-35 ◽  
Author(s):  
Thomas Fischer ◽  
Daniel Möckli
Keyword(s):  
World War Ii ◽  
Cold War ◽  
European Integration ◽  
Collective Identity ◽  
Political Institutions ◽  
World War ◽  
Security Strategy ◽  
Economic Interests ◽  
Emotional Commitment ◽  
The Cold War

Switzerland was in a unique place among European countries after World War II. Although situated in the center of Europe, it had not been attacked by Nazi Germany and therefore emerged from the war with a strong economy, stable political institutions, and social cohesion. The experience of World War II forged a collective identity different from that in other continental states. The Swiss had a deep emotional commitment to neutrality and a conviction that autonomous defense would continue to be an effective security strategy after 1945. The Swiss government acknowledged the need for, and indeed was supportive of, the new United Nations collective security system. The Swiss were well aware of the benefits of Western collective defense and European integration as the Cold War divide came about. But Switzerland was willing to associate with these new multilateral governance structures only to the extent that they did not negatively affect neutrality or, in the case of European integration, Swiss economic interests.

Cooperative Radio Agreements

1952 ◽  
Vol 6 (3) ◽  
pp. 396-406
Author(s):  
Arno G. Huth
Keyword(s):  
International Relations ◽  
International Law ◽  
Western Europe ◽  
Cultural Factors ◽  
European Countries ◽  
International Agreement ◽  
Mass Communications ◽  
Economic Interests ◽  
Practical Consequence ◽  
Economic Ties

There is today a new kind of international agreement which, going beyond general provisions and vague expressions of goodwill, has proved to be of immediate, practical consequence. Cooperative radio agreements or, as they are sometimes called, “agreements for mutual assistance”, provide the legal and organizational framework for international relations among broadcasting services in sixteen European countries. At the same time, some of them constitute a basis for the collaboration and coordination of communist-controlled stations, and thus for spreading and strengthening Soviet propaganda; they effectively supplement military and economic ties of the Cominform group in the fields of information and mass communications. Their provisions reflect a new trend in international law, taking into account technical and cultural factors as well as legal considerations, political and economic interests. Although no less than thirty-two agreements have been concluded during the last five years – some also by broadcasting organizations in western Europe – they are little known outside the countries directly concerned.

The Miracle of Generative Violence? René Girard and the Use of Force in International Law

2008 ◽  
Vol 21 (3) ◽  
pp. 563-580 ◽  
Author(s):  
GREGOR NOLL
Keyword(s):  
National Security ◽  
International Law ◽  
Use Of Force ◽  
International Community ◽  
Security Strategy ◽  
Rene Girard ◽  
National Security Strategy ◽  
Divine Violence ◽  
Relationship Of ◽  
The Relationship

AbstractIn this article, I apply René Girard's theory of generative violence to the international law relating to the use of force. I argue that texts of international law make gestures of referral towards an immanent normativity on the fettering of divine violence. The means to this end is a form of sacrificial violence that seeks to promote the preservation and cohesion of the ‘international community’. The structuring of this violence through international law and its repeated staging reproduces the relationship of prophecy to miracle. Empirically, I draw mainly on excerpts from the 2006 US National Security Strategy.

Economic policy and development in Austrian Lombardy, 1815–1859

Modern Italy ◽  
2001 ◽  
Vol 6 (1) ◽  
pp. 35-58 ◽  
Author(s):  
Rupert Pichler
Keyword(s):  
Economic Policy ◽  
Economic Integration ◽  
The Political ◽  
Italian Economy ◽  
Economic Interests ◽  
Trade Relations ◽  
Nation States ◽  
Material Interests ◽  
Systematic Relationships ◽  
The One

SummaryThe question of economic integration is not new in Europe. Historically, the birth and construction of nation-states was important in stimulating interest in the systematic relationships between political and economic integration. In the case of the multinational structure of the Habsburg monarchy in the nineteenth century, the result was an economic policy that, for political reasons, aimed to unite the material interests of a state that was completely heterogeneous in other respects. Lombardy was a case in point. Traditionally the region had been in the economic vanguard in central Europe. When it again became part of Austria in 1815 it also became subject to the imperial policy of political integration. As a result its economic priorities were partially reformulated. On the one hand, Austria had a protectionist system aimed at autarky which made incentives to industrial production a priority. Lombardy's purely mercantilist outlook, on the other hand, was based around the production of a few highly specialized goods, most notably silk, for export. Conflict between economic interests in Lombardy was the inevitable result. Nevertheless, the imperial government had to take account of the fact that it was impossible to restrict Lombardy's international trade relations exclusively to the Austrian market. And the problems that beset any effort to tie the Lombard economy into a denser network of relationships with the Austrian market were not due to the political formation of the Italian nation because Northern Italy, and Lombardy in particular, continued to occupy an anomalous position within the context of the Italian economy.

The Counterterrorism War Paradigm versus International Humanitarian Law: The Legal Contradictions and Global Consequences of the US “War on Terror”

2019 ◽  
Vol 44 (04) ◽  
pp. 922-956
Author(s):  
Lisa Hajjar
Keyword(s):  
International Law ◽  
War On Terror ◽  
Legal Framework ◽  
Customary Law ◽  
Executive Power ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Strategic Objectives ◽  
The Us ◽  
Us Government

Since 2001, we have witnessed the development of a counterterrorism war paradigm built to advance claims about the post-9/11 scope and discretion of US executive power and to articulate specific interpretations of national security interests and strategic objectives in the “war on terror.” What makes this a paradigm rather than merely a conglomeration of evolving policies is the cohesiveness and mutual reinforcement of its underlying rationales about the rights of the US government to prosecute a territorially unbounded war against an evolving cast of enemies. Drawing on Bourdieu’s concept of a juridical field, the article focuses on how officials who constructed a legal framework for this paradigm, rather than disregarding international law wholesale, have engaged in interpretations and crafted rationales to evade some international humanitarian law (IHL) rules and norms while rejecting the underlying logic or applicability of others. This article traces the counterterrorism war paradigm’s development and explains how it now competes with and threatens to supersede the customary law principles enshrined in IHL.

International Legal Aspects of Protecting Civilians and Their Property in the Future Cyber Conflict

2016 ◽  
pp. 423-449
Author(s):  
Metodi Hadji-Janev
Keyword(s):  
Cold War ◽  
International Law ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Political Leaders ◽  
Basic Principles ◽  
Post Cold War ◽  
Law Of Armed Conflict ◽  
The Future ◽  
Cyber Conflict

The post-Cold War reality has brought many changes that challenge political leaders, planners and operators. Using cyberspace to accomplish their political objectives, non-state actors and states have opened serious legal debates over the applicability of the international law of armed conflict principles in cyberspace. In this context, the article explores how the basic principles of International law of armed conflict will apply to the protection of the civilian population from the future cyber conflict. To accomplish this article addresses the ius ad bellum and the ius in bello aspects of cyber conflict.

STRATEGIC DIRECTIONS OF INFORMATION SECURITY MANAGEMENT OF AGRO-FOOD ENTERPRISES

2019 ◽  
Vol 4 (4) ◽  
pp. 70-78
Author(s):  
Dmytro DIACHKOV
Keyword(s):  
Information Security ◽  
Corporate Strategy ◽  
Security Management ◽  
Response Strategy ◽  
Security Strategy ◽  
Information Strategy ◽  
Information Security Management ◽  
Agricultural Enterprises ◽  
Agricultural Enterprise ◽  
Information Security Strategy

The purpose of the article was to study the strategic directions of information security management of agricultural enterprises. Research methods. The tasks set out in the article were implemented using the methods of systematization and generalization, analysis and synthesis, dialectical approach. The results of the study. In the research course the main elements of the formation and implementation of the information strategy of agrarian entities were identified. Stakeholders in the formation and implementation of the information security strategy of the agricultural enterprise were identified. The main nine types of information strategies were described. There are: prevention strategy, containment strategy, surveillance strategy, detection strategy, response strategy, distraction strategy, perimeter protection strategy, compartmentalization strategy, layering strategy. On the basis of generalization of information security strategies of the agro-food enterprises the key directions of its formation and realization were determined. A logical outline of the forming process an information security strategy was constructed, which should be closely related to the main business goals of the enterprise and its corporate strategy. The current trends and best practices of information security development of the enterprise were considered. Conclusions. The research made it possible to determine the essence of information strategy of agricultural enterprises as a structured and interconnected set of weighted actions aimed at long-term protection of enterprise information objects. Practical value. The proposed process of forming the information strategy of agricultural edu-cation will allow agricultural enterprises to choose the optimal information strategy, which will be interdependent with the general strategy and will allow to form the necessary set of software, technical, hardware and organizational tools for the protection of information resources. Prospects for further research include the development of a methodology for determining the information security strategy of agrarian enterprise. Keywords: agricultural enterprise, agro-food sector, element, information security, strategic direction, information security strategy, digitalization.

Sign in / Sign up

Export Citation Format

Share Document