Part II Predominant Security Challenges and International Law, Technological Security, Ch.36 Cybersecurity and International Law

2021 ◽  
Author(s):  
Schmitt Michael N
Keyword(s):  
National Security ◽  
International Law ◽  
Great Part ◽  
Legal Issues ◽  
Relative State ◽  
Sovereign Equality ◽  
Security Challenges ◽  
Key Aspects ◽  
The Relationship ◽  
Normative Perspective

This chapter discusses the international law of cybersecurity, which, at just over two decades old, remains in a relative state of infancy. States continue to struggle with such basic issues as sovereignty in cyberspace. In great part, the challenge is that many States are conflicted over the application and interpretation of key aspects of international law in the cyber context. After all, although international law can serve as a normative firewall against hostile cyber operations, the principle of sovereign equality means that protective norms also can act as barriers to a State's own cyber operations, some of which may be deemed essential to the State, especially with respect to national security. These differences in normative perspective often play out domestically in disagreements between ministries with different roles vis-à-vis cyberspace, and internationally between States wielding offensive cyber capability and those that see themselves primarily as victims thereof. To examine the relationship between cybersecurity and international law, the chapter begins by cataloguing the development of the international law of cyberspace. It then turns to the substantive legal issues, paying particular attention to those matters that presently are the source of contention amongst States.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

Actual Challenges, Risks and Security Safety

2020 ◽  
Vol 1 (1) ◽  
pp. 65-83
Author(s):  
Božidar Forca ◽  
Dragoljub Sekulović ◽  
Igor Vukonjanski
Keyword(s):  
National Security ◽  
Modern World ◽  
Security Strategy ◽  
Theoretical Understanding ◽  
National Security Strategy ◽  
Security Challenges ◽  
Wide Range ◽  
The Subject ◽  
Almost All ◽  
The Relationship

Security is one of the most common terms in the modern world. This statement is supported by the fact that the term security is used in a wide range of areas. The subject of this paper is national security and the challenges, risks and threats to that security in contemporary international relations. The purpose of the work is twofold. First, to show the diversity of theoretical understanding of the term challenge, risk and threat by various authors. On the other hand, the overriding goal is to analyze the relationship to the challenges, risks and threats in different countries. When it comes to national security, challenges, risks and threats, most often, are identified in a document called the national security strategy. This document, as one of the highest in the hierarchy of political acts of every state, when it comes to security, is passed by almost all modern states of the world. The analysis of numerous national security strategies has revealed that it is possible to identify: 1) the challenges, risks and threats that appear in all strategies, 2) the challenges, risks and threats of security that appear in most strategies, and 3) the challenges, risks and threats of security which are country specific.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

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.

International Law as a Political Language, 1600–1859

2020 ◽  
pp. 48-78
Author(s):  
Walter Rech
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Legal Issues ◽  
European Law ◽  
Political Language ◽  
Law Of Nations ◽  
History Of ◽  
The Common ◽  
Ius Gentium ◽  
The Relationship

By illustrating the history of Italian international law from the early seventeenth to the mid-nineteenth century, this chapter explores the question of whether and to what extent this period may have been characterized by a genuinely Italian ‘tradition’ or approach to international legal issues. The chapter questions the notion of a monolithic Italian tradition in international law and shows that the commonality of topics and interests among Italian lawyers can best be read as part of broader trends in the European ‘law of nations’. Although they were concerned with nationally important matters such as maritime trade, the sovereignty of smaller polities and the relationship between State and church, Italian lawyers constantly defended their claims by resorting to the common European vocabulary of the ius naturae and ius gentium.

The Oxford Handbook of the International Law of Global Security

2021 ◽  
Keyword(s):  
International Law ◽  
Global Scale ◽  
First Century ◽  
Global Security ◽  
Public International Law ◽  
Security Governance ◽  
Security Environment ◽  
Security Challenges ◽  
Wide Range ◽  
The Relationship

Understanding the global security environment and delivering the necessary governance responses is a central challenge of the twenty-first century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today’s complex and highly dynamic global security environment? The Oxford Handbook of the International Law of Global Security provides a groundbreaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

scholarly journals The Education Rights of Street-Involved Children

2007 ◽  
Vol 16 (2) ◽  
Author(s):  
Sonja Grover
Keyword(s):  
Decision Making ◽  
Educational Policy ◽  
International Law ◽  
Child Labor ◽  
Health Risks ◽  
Educational Service ◽  
Legal Situation ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship

This paper provides an overview of certain key aspects of the practical and legal situation of street-involved children globally. The inadequate protection of these children under both domestic and international law is addressed. The diversity of the population of street-involved children is considered as is the fact that this group is composed of both legally stateless and de facto stateless children. The relationship of street involvement to child labor, various health risks and victimization is discussed. The educational needs of older street-involved children are addressed including their right to participate in decision-making regarding aspects of educational service design and delivery. The overall objective of this paper is to encourage those who are involved in, or could impact upon educational policy to include street-involved children in their educational planning implementation and advocacy efforts.

Part II Predominant Security Challenges and International Law, Technological Security, Ch.35 Biosecurity

2021 ◽  
Author(s):  
Revill James ◽  
Roessing Anna
Keyword(s):  
National Security ◽  
International Law ◽  
Life Sciences ◽  
First Century ◽  
Considerable Progress ◽  
Current Status ◽  
Global Security ◽  
Security Discourse ◽  
Security Challenges ◽  
Conceptual Difficulties

This chapter discusses the term ‘biosecurity’, which is a relatively new addition to the global security lexicon. It looks at the origins and evolution of the concept of biosecurity, drawing attention to drivers of interest in biosecurity and the linguistic, cultural, and political challenges to cohesively defining this concept. Notwithstanding such conceptual difficulties, biosecurity has become an important topic in twenty-first-century security discourse as multilateral and national security-policymaking organs have recognized the potential security-related risks associated with contemporary biotechnology and have sought to mitigate such risks. The chapter then elaborates on what has been achieved in terms of building a biosecurity architecture. It also considers the current status of the biosecurity debate, drawing on examples from the patchwork of biosecurity measures undertaken across the globe to illustrate how this is an area that has made considerable progress over the course of the last two decades. Ultimately, biosecurity is a work in progress that will become increasingly salient in the global security discourse as life sciences and biotechnology continue to advance in a changing geostrategic context.

Part II Predominant Security Challenges and International Law, Human Security, Ch.23 Migration, Displacement, Security, and International Law

2021 ◽  
Author(s):  
Saul Ben
Keyword(s):  
International Law ◽  
Due Process ◽  
Human Security ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Mass Migration ◽  
Security Challenges ◽  
Legal Responses ◽  
Legal Frameworks ◽  
The Relationship

This chapter discusses the relationship between mass migration, security, and international law. The security implications of migration first depend on what type of migration is at issue and what international legal frameworks accordingly apply to it. The security implications of migration, and the international legal responses to them, also depend on how security is defined. In addition, the transit of migrants may threaten human security, as it may involve loss of life during perilous journeys at sea or during remote land crossings, and exploitative practices such as enslavement or human trafficking. Further, migrants or displaced persons may themselves occasionally present hard or soft security threats. Ultimately, international legal frameworks in relation to migration generally are relatively underdeveloped, including in relation to its security dimensions. Instead, a patchwork of international norms (hard and soft), regimes, and institutions apply to different facets of the migration-security nexus. The chapter focuses on the security dimensions (including terrorism) of international law governing refugees, complementary human rights protection, and due process in the expulsion of aliens (including disclosure of classified information). It identifies gaps and challenges evident in the existing regimes, and charts contemporary developments through soft law initiatives.

scholarly journals International standards on the rights of convicted persons in places of imprisonment

2021 ◽  
Vol 39 (68) ◽  
pp. 121-135
Author(s):  
Vadym Pidgorodynskyi ◽  
Vadym Tykhonenko ◽  
Dmytro Tsekhan ◽  
Petro Kaminskyi ◽  
Serhii Kravchenko
Keyword(s):  
International Law ◽  
Research Methods ◽  
Social Relations ◽  
Legal Regulation ◽  
International Standards ◽  
Cultural Changes ◽  
Crime And Punishment ◽  
The Subject ◽  
Key Aspects ◽  
The Relationship

The relationship between crime and punishment has never been isolated. Under the influence of socio-economic, political, and cultural changes, metamorphoses of the institution of execution of punishments took place; in particular, the rights of convicts were liberalized. Therefore, it is necessary to analyze the historiography of this phenomenon in terms of international standards, as well as the peculiarities of their implementation. The work aims to characterize the implementation of international standards on the rights of prisoners in terms of historiography and legal regulation. The object of research is the norms of international law. The subject of the study is social relations that arise in the implementation of international standards on the rights of convicts in prisons. The research methods were dialectical, systemic, structural, formal-legal, historical-legal, methods of analysis, synthesis, induction, and deduction. As a result, international standards for the rights of prisoners serve as a model, an example of rational social relations in the penitentiary environment. Key aspects that should be universally considered by the governments of all countries are identified and described.

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