International Law for Cyberspace

Mapping Intimacies ◽

10.1093/oxfordhb/9780198800682.013.37 ◽

2021 ◽

pp. 577-594

Author(s):

Thomas Wingfield ◽

Harry Wingo

Keyword(s):

International Law ◽

Law Of The Sea ◽

Due Diligence ◽

International Peace ◽

Academic Literature ◽

Law And Policy ◽

Cyber Espionage ◽

Developing Area ◽

Telecommunications Law

This chapter describes the role of international law in cyberspace and in addressing the legality of cyber-related actions taken by countries, companies, associations, and citizens on the world stage. Cyberspace has been described as a new ‘domain’ that is radically different from the land and sea upon which international law developed, but such law either covers or is evolving to cover issues that have been under development for hundreds of years. Such coverage includes the international law principles of sovereignty, due diligence, jurisdiction, and state responsibility. International law also covers numerous specialized regimes: human rights, diplomatic and consular law, law of the sea, air law, space law, and international telecommunications law. Another developing area of international law and cyberspace concerns international peace and security with respect to cyber activities, but those issues lead right up to the threshold of conflict. The once theoretical and purely academic literature of cybercrime, cyber espionage, and, especially, cyberwar must now be applied to real-world cases, and law and policy for the future of cybersecurity must be formulated with an understanding of these broadly accepted international norms.

Download Full-text

International Courts and Tribunals – the New Environmental Sentinels in International Law

Environmental Policy and Law ◽

10.3233/epl-200195 ◽

2020 ◽

Vol 50 (1-2) ◽

pp. 17-33

Author(s):

Bharat H. Desai ◽

Balraj K. Sidhu

Keyword(s):

Human Rights ◽

International Relations ◽

International Law ◽

Law Of The Sea ◽

Human Rights Law ◽

International Courts ◽

Peaceful Settlement ◽

The Common ◽

Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

Download Full-text

Analysis of Normative Orders in International Mediation: Lessons learned from the Colombian Peace Process

Encuentro Latinoamericano ◽

10.22151/ela.6.1.1 ◽

2021 ◽

Vol 6 (1) ◽

pp. 7-27

Author(s):

Darius Pscherer

Keyword(s):

Research Question ◽

Peace Process ◽

Lessons Learned ◽

Decision Makers ◽

Scientific Models ◽

International Peace ◽

Academic Literature ◽

Civil Society Organisations ◽

International Mediation

The following paper summarizes the findings of a bachelor thesis that analysed the role of normative orders in international mediation by examining the norms applied during the Colombian peace process. The objective of the investigation is defined by the research question, which lessons-learnt can be derived from the Havana Process for the categorization of normative orders in international peace mediation? For answering that question the author analyses the norms and principles applied during the Colombian peace process and thereby, shows the potential to enhance existing scientific models and log-frames for the analysis of norms in peace mediation. The paper provides a new model for classifying normative frameworks by integrating the stage of negotiation as another classifying dimension. Therefore, the model is called “Process-Oriented Model for Categorizing Norms in International Mediation”. The research is built upon a qualitative research conducted in the Colombian cities Medellin and Bogota, where the author held interviews with scientific researchers, political decision-makers, and civil society organisations. The results of the research are complemented by a substantial review of existing academic literature about norms in international peace mediation and the Colombian peace process.

Download Full-text

Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths

Lex Scientia Law Review ◽

10.15294/lesrev.v4i1.38261 ◽

2020 ◽

Vol 4 (1) ◽

pp. 1-18

Author(s):

Nur Arissa Izzati ◽

Chusnul Qotimah Nita Permata ◽

Miftah Santalia

Keyword(s):

South China Sea ◽

United Nations ◽

International Law ◽

Dispute Resolution ◽

South China ◽

Law Of The Sea ◽

International Court ◽

United Nations Convention ◽

Malacca Strait

Conflicts or disputes over maritime boundaries often occur, disputes that cause two or more countries are one of the authorities of their respective countries to conduct negotiations so as not to cause prolonged conflict or dispute. Border disputes between sea, island, and state are included in the affairs of the international court through the role of international law, such as the dispute between Indonesia and Vietnam in the Natuna Sea region which mutually claims sea borders both the continental shelf boundaries and the Exclusive Economic Zone (EEZ) boundaries, disputes between Indonesia and Malaysia in the Malacca Strait, the South China Sea Dispute, and so on. The existence of unilateral claims from each country there are still problems regarding sea borders that cause relations between countries experiencing conflict. Problems that cause disputes between countries are caused because the negotiations between the two parties have not been completed, violations occur by the disputing countries, there are still unclear sea boundaries, and others. The United Nations Convention on The Law of the Sea (UNCLOS) 1982 is an international maritime law that applies in the resolution of disputes at sea, but only countries that have ratified UNCLOS can apply this international sea law. In resolving this dispute a country can do with two channels namely litigation and non-litigation, where litigation is used for the last point in this dispute through ITOLS. The purpose of writing this article is to find out how the effectiveness of sea base dispute resolution in Indonesia through litigation and non-litigation.

Download Full-text

8 The Exclusive Economic Zone

10.1093/law/9780198715481.003.0008 ◽

2015 ◽

Author(s):

Andreone Gemma

Keyword(s):

United Nations ◽

International Law ◽

Future Development ◽

Controversial Issue ◽

Exclusive Economic Zone ◽

Law Of The Sea ◽

Legal Regime ◽

The Future ◽

United Nations Convention

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.

Download Full-text

Part III Human Health and Human Rights, 16 Ethics of International Maritime Law and Ocean Governance

10.1093/law/9780198823964.003.0016 ◽

2018 ◽

Author(s):

Pavliha Marko

Keyword(s):

International Law ◽

Law Of The Sea ◽

Legal Ethics ◽

Public International Law ◽

Health And Human Rights ◽

Maritime Law ◽

Ocean Governance ◽

Moral Standards ◽

The Law

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.

Download Full-text

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance

10.1093/law/9780198824152.003.0005 ◽

2018 ◽

Author(s):

Golitsyn Vladimir

Keyword(s):

International Law ◽

Global Ocean ◽

Law Of The Sea ◽

International Tribunal ◽

Progressive Development ◽

Ocean Governance ◽

United Nations Convention ◽

The Law ◽

Advisory Opinions

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.

Download Full-text

The Enrica Lexie Award Amid Jurisdictional and Law of the Sea Issues

The Italian Yearbook of International Law Online ◽

10.1163/22116133-03001010 ◽

2021 ◽

Vol 30 (1) ◽

pp. 167-190

Author(s):

Giuseppe Cataldi

Keyword(s):

United Nations ◽

International Law ◽

Point Of View ◽

Law Of The Sea ◽

Customary International Law ◽

Arbitral Award ◽

Merchant Ship ◽

Functional Immunity ◽

United Nations Convention

This article analyzes the Enrica Lexie Arbitral Award, first of all, in relation to international law issues concerning the application of the United Nations Convention on the Law of the Sea (UNCLOS). The article then focuses on the question of the functional immunity of the two marines, from the point of view of the Tribunal’s assertion of its incidental jurisdiction to deal with the matter, as well as of the Tribunal’s affirmation of the existence of a customary international law rule applicable in the present case. Both conclusions appear unconvincing, also in light of the role of the two marines on board a merchant ship. In any case, the fact remains that the judgment has the merit of finally putting an end to a long-standing dispute, to the satisfaction of the two parties involved.

Download Full-text

The Development of International Law of the Sea by International Courts and Tribunals

The Korean Journal of International and Comparative Law ◽

10.1163/22134484-12340150 ◽

2021 ◽

Vol 9 (1) ◽

pp. 132-152

Author(s):

Hua Zhang

Keyword(s):

International Law ◽

Normal Function ◽

Law Of The Sea ◽

Due Diligence ◽

International Courts ◽

Marine Environmental Protection ◽

Administration Of Justice ◽

International Adjudication ◽

Marine Environmental ◽

Law Making

Abstract The development of international law of the sea by international courts and tribunals is generally acknowledged among international lawyers. In retrospect, the creative jurisprudence of international judicial bodies was incorporated into the mainstream of international law-making process in many cases, while the experience of failure cannot be ignored. In the past decade, the strengthening of marine environmental protection has become a tendency in international adjudication. Accordingly, the content and scope of due diligence obligation has been discovered, consolidated and extended. In light of the evolution of due diligence obligation, the methodology of law-making by international judicial bodies includes: inter alia, interpretation, cross-reference of precedents, analogy, and assertion. However, from the perspective of legitimacy, law-making should not become the normal function of international judicial bodies. Bearing in mind international rule of law and good administration of justice, the lawmaking activities of international courts and tribunals should be curtailed in certain degree.

Download Full-text

THE ROLE OF DUE DILIGENCE IN INTERNATIONAL LAW

International and Comparative Law Quarterly ◽

10.1017/s0020589319000344 ◽

2019 ◽

Vol 68 (04) ◽

pp. 1041-1054

Author(s):

Neil McDonald

Keyword(s):

International Law ◽

General Principle ◽

Component Part ◽

Due Diligence ◽

Legal Requirement ◽

The United Kingdom ◽

Primary Rule ◽

Fact Finding ◽

Policy Guidance

AbstractThis article makes two main propositions about the role of due diligence in international law, in response to recent interest in the topic. First, a legal requirement to exercise due diligence may be a component part of a primary rule of international law, but this can only be determined by referring back to the primary rule in question (eg what degree of fact-finding does treaty provision X require a State party to that treaty to undertake, either explicitly or implicitly, to act consistently with its terms?). In other words, there is no ‘general principle of due diligence’ in international law. Second, States undertake what could be characterised as ‘due diligence’ activity (eg by introducing policy guidance for their officials), some elements of which may be a result of a legal requirement and some of which may not (eg where done solely for policy reasons). Current practice of the United Kingdom and United States is used to illustrate the point. The lack of a distinction between the ‘legal’ and ‘non-legal’ elements of conduct in a given area gives States the flexibility to act without feeling unduly constrained by international law, and at the same time actually promotes compliance with international law and may assist in its development over time. In contrast, pushing for a ‘general principle of due diligence’ in international law is unnecessary, and risks having a chilling effect on this positive legal/policy ‘due diligence’ behaviour by States.

Download Full-text