International Law, Sovereignty and the Last Colonial Encounter: Palestine and the New Technologies of Quasi-Sovereignty

2009 ◽  
Vol 15 (1) ◽  
pp. 67-93
Author(s):  
Laura Ribeiro
Keyword(s):  
International Law ◽  
New Technologies ◽  
Colonial Encounter

Complex Battlespaces

2018 ◽  
Keyword(s):  
International Law ◽  
New Technologies ◽  
Urban Environments ◽  
Armed Conflicts ◽  
Unmanned Aerial Systems ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Modern Warfare ◽  
Aerial Systems

The conduct of warfare is constantly shaped by forces beyond the battlefield. These forces create complexities in the battlespace for military operations. The ever-changing nature of how and where wars are fought creates challenges for the application of the unchanging body of international law that regulates armed conflicts. The term “complex” is often used to describe modern warfare, but what makes modern warfare complex? Is it the increasingly urbanized battlefield where wars are fought, which is cluttered with civilians and civilian objects? Is it the rise of State-like organized armed groups that leverage the governance vacuum created by failed or failing States? Is it the introduction of new technologies to military operations like autonomous weapons, cyber capabilities, and unmanned aerial systems? Or is it the application of multiple legal regimes to a single conflict? Collectively, these questions formed the basis for the Complex Battlespaces Workshop in which legal scholars and experts from the field of practice came together to discuss these complexities. During the workshop, there was a general consensus that the existing law was sufficient to regulate modern warfare. The challenge, however, arises in application of the law to new technologies, military operations in urban environments, and other issues related to applying international human rights law and international humanitarian law to non-international armed conflicts. This inaugural volume of the Lieber Book Series seeks to address many of the complexities that arise during the application of international law to modern warfare.

Marine Technology, Oceanic Research Activities and Their Integration into the General Framework of International Law

2007 ◽  
Vol 41 (3) ◽  
pp. 58-67
Author(s):  
Montserrat Gorina-Ysern
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Marine Mammals ◽  
New Technologies ◽  
Positive Development ◽  
Outer Continental Shelf ◽  
Research Activities ◽  
Ocean Exploration ◽  
Operational Oceanography ◽  
Marine Technology

Marine technology is a fundamental component in the conduct of oceanic research activities. This article focuses on three oceanic research activities—ocean exploration, outer continental shelf delimitation and operational oceanography—that provide important benefits to all societies and yet are not well known by the general public. It is suggested that the peripheral status of these activities, by contrast with research impinging on marine mammals, is due to the absence of international disputes since the end of WWII involving oceanic research. This positive development, however, is offset by the development of the law governing oceanic research activities away from a body of legal experts in international law. The marginal regulation of ocean exploration, outer continental shelf delimitation and operational oceanography suffers from definitional, fragmentation and complementarity defects, as well as from the absence of a case law in the field that could assist the international judicial and legal professions, as well as policymakers, oceanographers, and law enforcement agencies in ensuring a greater degree of legal certainty, predictability, and security in the face of important new expansionary claims and new technologies.

scholarly journals Due Diligence and the Obligation to Prevent Genocide and Crimes Against Humanity

2020 ◽  
pp. 200-216
Author(s):  
Larissa van den Herik ◽  
Emma Irving
Keyword(s):  
International Law ◽  
New Technologies ◽  
Crimes Against Humanity ◽  
Due Diligence ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Media Companies ◽  
International Court ◽  
International Law Commission ◽  
Oriented Approach

This chapter analyses the due diligence component of the duty to prevent genocide and crimes against humanity. It examines the International Court of Justice (ICJ) judgment in the Bosnia Genocide case of 2007 and outlines the system of differentiated obligations based on a state’s ‘capacity to influence’ events in another state set out in the judgment. Furthermore, the chapter argues that developments under customary international law, which are buttressed and specified by the International Law Commission (ILC), support the existence of an obligation to prevent crimes against humanity of an equivalent character to the obligation to prevent genocide. The chapter examines the role that due diligence plays in delimiting the nature and scope, the content, and the temporal elements of the obligations to prevent genocide and crimes against humanity. Taking a future-oriented approach, the chapter enquires how new technologies inform state’s due diligence and whether non-state actors (including social media companies) can have the necessary ‘capacity to influence’, thus extending the preventive obligation’s potential reach.

Copyright Infringement of Digital Libraries and Private International Law

2011 ◽  
pp. 447-460
Author(s):  
Nikitas Hatzimihail
Keyword(s):  
International Law ◽  
Digital Libraries ◽  
New Technologies ◽  
Copyright Infringement ◽  
Private International Law ◽  
Explosive Expansion

New technologies, and the digitization of works of intellect in particular, have led to an explosive expansion of transnational litigation, challenging the traditional premises of private international law. This Chapter considers the rules under which European and U.S. courts may assert jurisdiction over cases involving digital libraries: notably copyright claims, but also other IP rights. Initiatives to create a transnational set of rules or principles are also examined.

Autonomous Weapons Systems and International Law

2020 ◽  
Author(s):  
Daniele Amoroso
Keyword(s):  
International Law ◽  
New Technologies ◽  
International Committee ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Regulation ◽  
Autonomous Weapons ◽  
Human Decision ◽  
Weapons Systems

Recent advances in robotics and AI have paved the way to robots autonomously performing a wide variety of tasks in ethically and legally sensitive domains. Among them, a prominent place is occupied by Autonomous Weapons Systems (or AWS), whose legality under international law is currently at the center of a heated academic and diplomatic debate. The AWS debate provides a uniquely representative sample of the (potentially) disruptive impact of new technologies on norms and principles of international law, in that it touches on key questions of international humanitarian law, international human rights law, international criminal law, and State responsibility. Against this backdrop, this book’s primary aim is to explore the international legal implications of autonomy in weapons systems, by inquiring what existing international law has to say in this respect, to what extent the persisting validity of its principles and categories is challenged, and what could be a way forward for future international regulation on the matter. From a broader perspective, the research carried out on the issue of the legality of AWS under international law aspires to offer some more general insights on the normative aspects of the shared control relationship between human decision-makers and artificial agents. Daniele Amoroso is Professor of International Law at the Law Department of the University of Cagliari and member of the International Committee for Robot Arms Control (ICRAC) contrattualistica internazionale” presso il Ministero del Commercio con l’Estero (ora Ministero dello Sviluppo Economico – Commercio Internazionale).

The Human Conditioning: International Law and Science-Fiction

2016 ◽  
Vol 14 (1) ◽  
pp. 6-44 ◽  
Author(s):  
Orna Ben-Naftali ◽  
Zvi Triger
Keyword(s):  
Science Fiction ◽  
International Law ◽  
New Technologies ◽  
Autonomous Robots ◽  
Human Condition ◽  
Human Conditioning ◽  
The Subject ◽  
Law And Science ◽  
The Impact ◽  
Machine Interaction

This article introduces the subject-matter of a symposium on international law and science-fiction. The impact of new technologies on human rights, humanitarian issues and indeed on what it means to be human in a technological age, suffers from a paucity of international legal attention. The latter has been attributed to various factors ranging from technophobia and technological illiteracy, inclusive of an instrumentalist view of technology, to the sense that such attention is the domain of science-fiction, not of international law. The article extends an invitation to pay attention to the attention science-fiction has given to the man-machine interaction and its impact on the human condition. Placing this invitation in the context of the ‘‘law and literature’’ movement, the article exemplifies its value with respect to two technologies, one directed at creating life or saving it (cloning and organ donation) and the other at ending life (lethal autonomous robots).

Developing an Electronic Information Role for Scholarly Associations: The American Society of International Law

1999 ◽  
Vol 27 (1) ◽  
pp. 16-22
Author(s):  
Jill McC. Watson
Keyword(s):  
International Law ◽  
New Technologies ◽  
Electronic Materials ◽  
Earth Science ◽  
Electronic Information ◽  
Global Networks ◽  
Broad Variety ◽  
American Society ◽  
Science Information

During a panel organized by the American Society of International Law entitled Global Networks, New Technologies and International Law, Roberta Balstad Miller, of the Consortium for International Earth Science Information Network (CIESIN), spoke of the “anarchic” internet.It has no priorities. It makes no judgments. It treats every piece of information like any other. As a result, systems for managing electronic information are required that will permit users to search for (and find) materials relevant to their needs. However, the very flexibility of the Internet, and in particular the Web, that allows individuals and organizations to share electronic materials easily also creates, in turn, new problems for users. They must be able to: identify online materials that originate in a broad variety of organizations; depend on their being available over time; and evaluate the quality of the materials and organization that produce them.

scholarly journals Enforcers beyond Borders: Transnational NGOs and the Enforcement of International Law

2019 ◽  
pp. 1-17 ◽  
Author(s):  
Mette Eilstrup-Sangiovanni ◽  
J.C. Sharman
Keyword(s):  
International Law ◽  
Case Studies ◽  
International Politics ◽  
New Technologies ◽  
Service Providers ◽  
Supply Side ◽  
Legal Remedies ◽  
Limited Enforcement ◽  
International Ngos ◽  
The Cost

Scholars have studied international NGOs as advocates and service providers, but have neglected their importance in autonomously enforcing international law. We have two basic aims: first to establish the nature and significance of transnational NGO enforcement, and second to explore the factors behind its rise. NGO enforcement comprises a spectrum of practices, from indirect (e.g., monitoring and investigation), to direct enforcement (e.g., prosecution and interdiction). We explain NGO enforcement by an increased demand for the enforcement of international law, and factors that have lowered the cost of supply for non-state enforcement. Increased demand for enforcement reflects the growing gap between the increased legalization of international politics and states’ limited enforcement capacity. On the supply side, the diffusion of new technologies and greater access to new legal remedies facilitate increased non-state enforcement. We evidence these claims via case studies from the environmental and anti-corruption sectors.

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