scholarly journals TO THE QUESTION OF POSSIBLE INTERNATIONAL LEGAL QUALIFICATION OF CYBER ATTACKS AS A CRIME OF AGGRESSION AND INTERNATIONAL TERRORISM

2021 ◽  
Vol 9 (4) ◽  
pp. 46-50
Author(s):  
Dmitriy Lobach
Keyword(s):  
International Relations ◽  
International Law ◽  
Technological Progress ◽  
Legal Aspects ◽  
Cyber Attacks ◽  
International Terrorism ◽  
Digital Environment ◽  
Law And Order ◽  
National Interests ◽  
Current State

The article examines the political and legal aspects of the possible qualification of cyberattacks as acts of aggression and international terrorism. It is noted that cyber threats, which in the modern conditions of the development of the information and digital environment are considered in many national security doctrines as new challenges that threaten not only national interests, but also international law and order. It is concluded that modern trends in the development of international relations, taking into account the current state of scientific and technological progress, demonstrate the possibility of qualifying cyberattacks as acts constituting a crime of aggression or international terrorism.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Introduction - Ruptures in International Law

2012 ◽  
Vol 13 (5) ◽  
pp. 466-467
Author(s):  
Ignacio de la Rasilla Y del Moral
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Theory ◽  
Harmonious Society ◽  
Berlin Wall ◽  
Cambridge University ◽  
Rogue States ◽  
Bush Doctrine ◽  
Current State ◽  
Insightful Analysis

The papers gathered under this special issue draw on presentations from the International Legal Theory Workshop under the auspices of the 4th Conference of the European Society of International Law, which was held at Cambridge University in September 2010. The essays cover some key developments in international law since the fall of the Berlin Wall. In the pages that follow, you will find an examination of the rise of the notion of ‘harmonious society’ in China as well as an insightful analysis of how this concept can influence international law; a detailed study of the regime of responsibility of international organizations that has gained momentum in the wake of the proliferation of international organization since 1989; a proposal for a fiduciary theory of international human rights, conceived as an alternative model to post-9/11, interest-balancing approaches in the field of national security law; and a reflection on the endurance of the notion of rogue states and state-criminalizing approaches to international relations, beyond the confines of the Bush doctrine. These essays are started off by two papers that address, from different angles, the current state of theorizing of international law.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

scholarly journals Cyberspace and International Order

2017 ◽  
Author(s):  
Madeline Carr
Keyword(s):  
International Relations ◽  
Technological Change ◽  
International Law ◽  
Cyber Security ◽  
Armed Conflict ◽  
Information Age ◽  
International Order ◽  
Cyber Attacks ◽  
Industrial Age ◽  
The World

When The Anarchical Society was published in 1977, the world was on the doorstep of seismic technological change. Forty years later, the information age has placed cyber security at the centre of many global political concerns including armed conflict and international law. The ongoing difficulties associated with accurately attributing cyber attacks introduce a new dimension of anarchy in international relations. This essay draws on Bull’s ideas about social interplay to explore the problem of attribution in cyberspace. It finds that the difficulties of identifying (even) state actors undermine some of the processes and institutions upon which Bull based his ideas. However, it also finds that Bull’s work is useful in unpicking exactly why attribution is so problematic for international relations. Ultimately, Bull’s expectation that actors will look for social solutions to maintain order appears to be holding up in the information age much as it did in the industrial age.

scholarly journals Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)

2021 ◽  
Vol 1 (2) ◽  
pp. 75-87
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

scholarly journals INTERNATIONAL LAWYERS AS A PROFESSIONAL COMMUNITY

2021 ◽  
pp. 182-196
Author(s):  
Ya. S. KOZHEUROV
Keyword(s):  
Economic Development ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Professional Community ◽  
Invisible College ◽  
Creative Potential ◽  
National Interests ◽  
International Courts ◽  
Legal Traditions

Even though international lawyers represent a variety of countries with diff erent cultures and legal traditions, with diff erent levels of economic development and political goals, they constitute a unique professional community ("a kind of invisible college dedicated to a common intellectual enterprise", according to O. Schachter) speaking one language — the language of international law. In international relations, in the absence of a higher (supranational) authority, lawyers sometimes become the only ones who "civilize" the protection of national interests, according to M. Koskenniemi; it causes specifi c ethical professional problems, which are considered on the example of the work of a lawyer in foreign policy departments, in international organizations and in international courts. The article substantiates the idea that international lawyers, due to the huge creative potential of their profession, are, in fact, the "architects" of international law and the system in which it exists.

Russia's strategy in the Arctic: cooperation, not confrontation

Polar Record ◽  
2017 ◽  
Vol 53 (3) ◽  
pp. 314-332 ◽  
Author(s):  
Jørgen Staun
Keyword(s):  
International Relations ◽  
International Law ◽  
Foreign Minister ◽  
The Arctic ◽  
Military Power ◽  
National Interests ◽  
The One ◽  
Arctic Policy ◽  
Foreign Ministry ◽  
Geopolitical Discourse

ABSTRACTRussia's strategy in the Arctic is dominated by two overriding international relations (IR) discourses – or foreign policy directions. On the one hand, there is an IR-realism/geopolitical discourse that puts security first and often has a clear patriotic character, dealing with ‘exploring’, ‘winning’ or ‘conquering’ the Arctic and putting power, including military power, behind Russia's national interests in the area. Opposed to this is an IR-liberalism, international law-inspired and modernisation-focused discourse, which puts cooperation first and emphasises ‘respect for international law’, ‘negotiation’ and ‘cooperation’, and labels the Arctic as a ‘territory of dialogue’, arguing that the Arctic states all benefit the most if they cooperate peacefully. After a short but very visible media stunt in 2007 and subsequent public debate by proponents of the IR-realism/geopolitical side, the IR-liberalism discourse has been dominating Russian policy in the Arctic since around 2008–2009, following a pragmatic decision by the Kremlin to let the Foreign Ministry and Foreign Minister Sergey Lavrov take the lead in the Arctic. The question asked here is how solid is this IR-liberalist-dominated Arctic policy? Can it withstand the pressure from more patriotic minded parts of the Russian establishment?

scholarly journals Computer network attacks as an act of aggression in the context of the development of modern international relations: pros and cons

2021 ◽  
Vol 7 (4) ◽  
pp. 59-65
Author(s):  
Dmitriy V. Lobach ◽  
Evgeniya A. Smirnova
Keyword(s):  
International Relations ◽  
International Law ◽  
Technological Progress ◽  
Computer Network ◽  
Network Attacks ◽  
Conventional Weapons ◽  
Pros And Cons ◽  
The Subject ◽  
Definition Of ◽  
Computer Network Attacks

The article analyzes the conflicting approaches to the possible recognition of computer network attacks as an act of aggression in the focus of modern international relations and trends in scientific and technological progress. The question raised in the article is as follows: is aggression against another state possible through the exclusive use of cyber weapons? To solve the indicated problem, the scholastic method of conducting a discussion is used, in which two series of contradictory arguments regarding the subject of discussion are put forth, and the conclusion summarizes the general conclusion based on particular theses. The conclusion is argued that the historically established definition of aggression in modern conditions of development of scientific and technological progress does not meet the interests of international peace and security, since new types of force of destructive influence constantly appear, which can generate consequences comparable in scale and severity to the consequences of using conventional weapons. However, there are still some problematic moments that arise in connection with the qualification of cyberattacks as a crime of aggression, requiring understanding and resolution in accordance with the development of the science of international law and law enforcement practice in the context of international relations.

scholarly journals AMERICAN INTERNATIONAL LAW DOCTRINE: REVIVAL OF “JUST WAR” CONCEPT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Кира Сазонова ◽  
Kira Sazonova
Keyword(s):  
International Relations ◽  
International Law ◽  
Just War ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Substantive Content ◽  
Functional Methods ◽  
The Subject

This article discusses the views and opinions of American experts in the field of international law and international relations, devoted to a very ambiguous concept of “just war”. However, this concept raises many questions about its compliance with the contemporary international law, particularly in the context of the principle of non-use of force or a threat of force, which is fixed in the UN Charter. The subject of research is a range of works of American international lawyers on the substantive content and the legal aspects of “just war” concept. As research methods were used common scientific methods, such as induction, generalization, deduction, as well as comparative legal, historical, structural-functional methods. Reference to the concept of “just war” is often use in the speeches of American politicians, so it has a significant impact on the U.S. foreign strategy. Thus, the legal assessment of the “just war” concept is necessary in the context of the current international legal framework. In the Russian doctrine of international law the concept has practically no coverage, so the article is intended to fill this gap.

Sign in / Sign up

Export Citation Format

Share Document