scholarly journals Global disinformation campaigns and legal challenges

2020 ◽  
Vol 1 (1-2) ◽  
pp. 125-136
Author(s):  
Tomoko Nagasako
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Information Warfare ◽  
National Scale ◽  
Social Networking Service ◽  
Online Platforms ◽  
Foreign State ◽  
Legal Challenges ◽  
International Laws ◽  
Election Results

Abstract Recently, some countries have deployed global cyberattacks that not only impose destructive measures on the systems of industries or infrastructures, but also as a type of information warfare, including social networking service (SNS) and other media that affects election results or democratic processes, thereby becoming a threat to democracy. Thus, this kind of operation is recognized as “disinformation.” This paper demonstrates cases of disinformation in cyberspace and focuses on legal problems in international laws and countermeasures taken by legal systems in individual countries. Consequently, one finds that it is challenging to deal with disinformation on a national scale. As there is a limit regarding the regulations by international law at present, it is essential to provide national laws for its regulation. Here, the types of countermeasures are classified in order to find improved responses as the number of disinformation cases increases. Since regulations on disinformation could violate freedom of expression and democracy in some cases, subsequent sanctions against foreign state actors should be applied, and regulations on the content of media and online platforms need to be carefully put in place.

scholarly journals Analysis on Principle of Sovereign Judicial Immunity in Municipal Courts in International Laws

2014 ◽  
Vol 30 ◽  
pp. 1-7
Author(s):  
Askar Jalalian ◽  
Zohreh Moradi
Keyword(s):  
International Law ◽  
State Courts ◽  
Government Officials ◽  
Special Situation ◽  
Foreign State ◽  
International Laws

In this article principle of sovereign judicial immunity, developments and changes on this principle and change of principle of immunity from absolute to limited have been studied. Judicial immunity of foreign state in municipal courts is of the most important issues in international and national law. Judicial immunity in national law is a special situation which immunes holders from prosecution and exercising legal punishments and disturbance of government officials and international judicial immunity contains mentioned characteristics in international arena. Immunity isone of the principles of general international law which prevents summoning of a foreign state to municipal state courts. Absolute immunity which was considered as a dominant method in early 20th century gradually changed to limited immunity doctrine according which, acknowledger state has nocommitment about granting immunity to exercise incumbency of state and exercising limitedimmunity would lead to sovereignty exercise.

scholarly journals The covid-19 Infodemic and Online Platforms as Intermediary Fiduciaries under International Law

2020 ◽  
Vol 11 (2) ◽  
pp. 331-347
Author(s):  
Barrie Sander ◽  
Nicholas Tsagourias
Keyword(s):  
Public Good ◽  
International Law ◽  
Online Platform ◽  
Platform Governance ◽  
Online Platforms ◽  
Different Dimensions ◽  
Fiduciary Relationships ◽  
The Relationship

Reflecting on the covid-19 infodemic, this paper identifies different dimensions of information disorder associated with the pandemic, examines how online platform governance has been evolving in response, and reflects on what the crisis reveals about the relationship between online platforms, international law, and the prospect of regulation. The paper argues that online platforms are intermediary fiduciaries of the international public good, and for this reason regulation should be informed by relevant standards that apply to fiduciary relationships.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

Covenants Without the Sword International Law and the Protection of Civilians in Times of War

2006 ◽  
Vol 58 (3) ◽  
pp. 339-377 ◽  
Author(s):  
Benjamin Valentino ◽  
Paul Huth ◽  
Sarah Croco
Keyword(s):  
Statistical Analysis ◽  
International Law ◽  
Strong Support ◽  
Theoretical Framework ◽  
Regime Type ◽  
Geneva Conventions ◽  
Long Duration ◽  
International Laws ◽  
The Hague ◽  
War Aims

Do the international laws of war effectively protect civilian populations from deliberate attack? In a statistical analysis of all interstate wars from 1900 to 2003 the authors find no evidence that signatories of The Hague or Geneva Conventions intentionally kill fewer civilians during war than do nonsignatories. This result holds for democratic signatories and for wars in which both sides are parties to the treaty. Nor do they find evidence that a state's regime type or the existence of ethnic or religious differences between combatants explains the variation in civilian targeting. They find strong support, however, for their theoretical framework, which suggests that combatants seek to kill enemy civilians when they believe that doing so will coerce their adversaries into early surrender or undermine their adversaries' war-related domestic production. The authors find that states fighting wars of attrition or counterinsurgency, states fighting for expansive war aims, and states fighting wars of long duration kill significantly more civilians than states in other kinds of wars.

scholarly journals Hollow Threats: Transnational Food and Beverage Companies’ Use of International Agreements to Fight Front-of-Pack Nutrition Labeling in Mexico and Beyond

2020 ◽  
Author(s):  
Eric Crosbie ◽  
Angela Carriedo ◽  
Laura Schmidt
Keyword(s):  
Trade Agreement ◽  
National Standard ◽  
Nutrition Labeling ◽  
Trade Associations ◽  
The North ◽  
Legal Challenges ◽  
Food And Beverage ◽  
Mexican Government ◽  
International Laws ◽  
Health Objectives

In October 2019, the Mexican government reformed its General Health Law thus establishing the warning approach to front-of-pack nutrition labeling (FOPNL), and in March 2020, modified its national standard, revamping its ineffective FOPNL, one preemptively developed by industry actors. Implementation is scheduled for later in 2020. However, the new regulation faces fierce opposition from transnational food and beverage companies (TFBCs), including Nestlé, Kellogg, Grupo Bimbo, Coca-Cola, PepsiCo through their trade associations, the National Manufacturers, American Bakers Associations, the Confederation of Industrial Chambers of Mexico and ConMéxico. Mexico, as a regional leader, could tip momentum in favor of FOPNL diffusion across Latin America. But the fate of the Mexican FOPNL and the region currently lies in this government’s response to three threats of legal challenges by TFBCs, citing international laws and guidelines including the World Trade Organization (WTO), Codex Alimentarius, and the North American Free Trade Agreement (NAFTA)/US-Mexico-Canada Agreement (USMCA). In this perspective, we argue that these threats should not prevent Mexico or other countries from implementing evidence-informed policies, such as FOPNLs, that pursue legitimate public health objectives.

scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

scholarly journals Limits of Targeted Killing in Counterterrorism Operations: An International Law Perspective

2017 ◽  
Vol 3 (1) ◽  
pp. 1-38
Author(s):  
Brian Sang YK
Keyword(s):  
International Law ◽  
Case Law ◽  
The State ◽  
Policy Implications ◽  
Targeted Killing ◽  
Customary International Law ◽  
Lethal Force ◽  
Legal Challenges ◽  
State Practice ◽  
Clear And Present Danger

Despite criticism of targeted killing of suspected terrorists, states continue to justify extensive bases for lethal-force responses to terrorism by arguing that rigid adherence to prescriptive law cannot always be observed in the context of clear and present danger. But, while seemingly cogent, this view wrongly presumes the mutual exclusivity of security considerations and the imperatives of law. It risks exceeding the limits of permissible use of lethal force prescribed in conventional and customary international law. A contrary and more balanced view is advanced in this article. It argues that current international law protecting individuals against intentional killing offers sufficient and practicable guidance for states confronting terrorism. Systematic legal criteria are thus expounded to clarify the legality and admissible limits of targeted killing of suspected terrorists in three contexts: law enforcement, self-defence and armed conflict. With reference to treaties, policy documents and state practice, the article critically examines the preconditions for lawful state-sanctioned killings in counter-terrorist operations. It also identifies the legal challenges and policy implications of resorting to targeted killing. Using comparative case law and operational practice, a legal basis is offered on which Kenya and other nations can effectively tackle the spectre of terrorism within the fair strictures of the law. Every struggle of the state – against terrorism or any other enemy – is conducted according to rules and law. There is always law which the state must comply with.

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