scholarly journals Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses

2020 ◽  
Vol 14 (2) ◽  
pp. 227-258
Author(s):  
Erich Schweighofer ◽  
Isabella Brunner ◽  
Jakob Zanol
Keyword(s):  
International Law ◽  
Response Options ◽  
Governmental Institutions ◽  
The Moment ◽  
Foreign Ministry

In January 2020, Austria publicly announced that some of its governmental institutions have been hit by a significant malicious cyber operation and that it cannot be denied – at least for the moment – that a state was behind this operation. One month later, the Austrian Foreign Ministry declared the cyber operation to be officially over. While Austria noted that it took “countermeasures” against the operation, it is not entirely clear what it meant by that. This article elaborates the question what response options a state like Austria would have against a malicious cyber operation under the current framework of international law. It, hence, tries to answer when a “hackback” is lawful under international law and when it is not.

Ongoing Tension in the Air

2018 ◽  
Vol 6 (1) ◽  
pp. 5-29
Author(s):  
Jae Woon Lee ◽  
Xiongfeng Li
Keyword(s):  
International Law ◽  
Traffic Control ◽  
Civil Aviation ◽  
International Court Of Justice ◽  
Air Defense ◽  
Legal Questions ◽  
International Court ◽  
The Moment ◽  
Advisory Opinions ◽  
Eastern Seaboard

Abstract Air Defense Identification Zone (ADIZ) requires foreign aircrafts to identify themselves to local authorities and maintain contact with air traffic control while in the zone. ADIZ has an ambiguous legal grounding in international law. Since its inception, no comprehensive discussion on the topic has been conducted in the area of international law. When China declared its ADIZ over the waters off its eastern seaboard in November 2013, ADIZ suddenly received much attention. Although the conflict has come to a lull at the moment, a tinderbox still exists in the region and many legal questions about ADIZ remain. Although the International Civil Aviation Organization (ICAO) Council was asked to address the issue of ADIZ, any legal solution from the ICAO Council is hardly anticipated. This article suggests that the ICAO should consider advisory opinions of the International Court of Justice (ICJ) on the legality and proportionality of ADIZ.

scholarly journals The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’

2017 ◽  
Vol 30 (4) ◽  
pp. 847-875 ◽  
Author(s):  
ROTEM GILADI
Keyword(s):  
International Law ◽  
Recent Literature ◽  
League Of Nations ◽  
Laws Of War ◽  
Black Soldiers ◽  
French Colonial ◽  
The Law ◽  
The Moment ◽  
Imperial Governance ◽  
The Phoenix

AbstractThe article explores the demise of the ‘colonial war’ category through the employment of French colonial troops, under the 1918 armistice, to occupy the German Rhineland.It traces the prevalence of – and the anxieties underpinning –antebellumdoctrine on using ‘Barbarous Forces’ in ‘European’ war. It then records the silence ofpostbellumscholars on the ‘horror on the Rhine’ – orchestrated allegations of rape framed in racialized terms of humanity and the requirements of the law of civilized warfare. Among possible explanations for this silence, the article follows recent literature that considers this scandal as the embodiment of crises in masculinity, white domination, and European civilization.These crises, like the scandal itself, expressedantebellumjurisprudential anxieties about the capacity – and implications – of black soldiers being ‘drilled white’. They also deprivedpostbellumlawyers of the vocabulary necessary to address what they signified: breakdown of the laws of war; evident, self-inflicted European barbarity; and the collapse of international law itself, embodied by the VersaillesDiktattreating Germany – as Smuts warned, ‘as we would not treat akaffirnation’ – as a colonial ‘object’, as Schmitt lamented.Last, the article traces the resurgence of ‘colonial war’. It reveals how, at the moment of collapse, in the very instrument embodying it, the category found a new life. Article 22(5) of the League of Nations Covenant (the Covenant) reasserted control over the colonial object, furnishing international lawyers with a new vocabulary to address the employment of colonial troops – yet, now, as part of the ‘law of peace’. Reclassified, both rule and category re-emerged, were codified, and institutionalized imperial governance.

Questions of Guerrilla Warfare in the Law of War

1946 ◽  
Vol 40 (3) ◽  
pp. 534-562 ◽  
Author(s):  
I. P. Trainin
Keyword(s):  
International Law ◽  
Guerrilla Warfare ◽  
Law Of War ◽  
History Of ◽  
The Law ◽  
The Moment

The history of war knows no such brigandage, fanaticism, or such craftiness as the German fascist usurpers practiced from the moment of their attack upon the peoples of other states. The rules and customs relating to the conduct of war, recognized by all civilized peoples, were rejected and trampled under foot by these usurpers. These rules and customs relating to the conduct of war, put together in the course of many centuries, have received the title “the law of war” and constitute an inseparable part of international law.

Administrative, Constitutional, and International Law

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
International Law ◽  
Choice Theory ◽  
Freedom Of Speech ◽  
Administrative Law ◽  
Public Law ◽  
Public Officials ◽  
Behavioral Studies ◽  
Governmental Institutions ◽  
And Behavior ◽  
Rule Making

Public choice theory—the application of standard economics to the behavior of public officials and citizens—has long been criticized as mischaracterizing people’s motivations and behavior. The chapter analyzes how behavioral studies might contribute to a better understanding and developing of public law, including constitutional and administrative law. It critically discusses the behavioral analysis of governmental institutions and rule-making, citizens’ judgments and choices, and human rights (including issues in freedom of speech, the fight against terrorism, and affirmative action). Finally, the chapter critically examines recent behavioral analyses of public international law, the challenges they face, and the contributions they make.

Aspects of theBeit-ElandEilon MorehCases

1980 ◽  
Vol 15 (4) ◽  
pp. 476-495
Author(s):  
Julius Stone
Keyword(s):  
International Law ◽  
Common Law ◽  
Exact Nature ◽  
Executive Order ◽  
Privy Council ◽  
The Law ◽  
The Moment

Judges whose daily tasks are to interpret the law of their own State frequently find difficulties in expressing the exact nature and hierarchical value of the rules of international law, which from time to time they are required in some sense to apply.Perhaps the classical example of this in countries applying the English common law is that of prize courts and the law which they should apply. Under international law belligerent States, by whom maritime captures (prizes) may be made, have a duty to create some forum before which issues can be tried as to the lawfulness of such captures and its consequences. As Lord Parker observed inThe Zamoraas to the title in the property seized, “from the moment of seizure the rights of all parties are governed by international law”. In the final ruling in that case, the Privy Council held that the neutral property at issue had been unlawfully requisitioned, even though such requisition was authorised by a British Executive Order-in-Council, because that Order-in-Council itself was inconsistent with the rules of international law governing requisition of neutral property.

Western Gunrunners, (Middle-)Eastern Casualties: Unlawfully Trading Arms with States Engulfed in Yemeni Civil War?

2019 ◽  
Vol 24 (3) ◽  
pp. 503-535 ◽  
Author(s):  
Luca Ferro
Keyword(s):  
International Law ◽  
Middle Eastern ◽  
Significant Risk ◽  
Legal Framework ◽  
Humanitarian Law ◽  
Arms Transfers ◽  
Military Equipment ◽  
State Involvement ◽  
The Moment ◽  
The Uk

Abstract According to the United Nations Secretary-General, Yemen today constitutes the worst man-made humanitarian crisis in the world. It is fuelled by extensive third-state involvement, with none of the warring parties championing respect for international human rights and humanitarian law (to put it mildly). Conversely, primary rules of international law already prohibit arms transfers from the moment there is a significant risk that they could be used to commit or facilitate grave breaches, with the recipient’s past and present record of respect for international law qualifying as the crucial factor to predict future transgressions. From that perspective, it appears deeply disingenuous for western states to continue transferring military equipment to members of the multilateral coalition in Yemen while maintaining adherence to the international legal framework. This article thus aims to examine whether the legal framework lives up to its noble goals or rather serves to defend state decisions that primarily serve their economic interests. It is structured as follows: Section 1 starts with an overview of the facts, and the focus and aim of this article. Section 2 then sets out the international legal framework as it applies to the trade in conventional arms with states that are involved in a non-international armed conflict. Section 3 analyses key domestic judgments (in the UK, Canada, Belgium and France) to test the available facts against the legal framework as elaborated. Finally, Section 4 concludes.

scholarly journals Law and Organization: Presidential Address the Eleventh Annual Meeting of the American Political Science Association

1915 ◽  
Vol 9 (1) ◽  
pp. 1-15 ◽  
Author(s):  
John Bassett Moore
Keyword(s):  
International Law ◽  
Annual Meeting ◽  
Armed Conflict ◽  
Presidential Address ◽  
American Political Science Association ◽  
The World ◽  
The Moment ◽  
The Mind ◽  
American Political Science ◽  
Science Association

Webster, as a prelude to his reply to Hayne, asked for the reading of the resolution before the Senate, in order that the mind of his hearers might be led back to the original and perhaps forgotten subject of the debate. Today we may well imitate his example, by recurring to fundamental principles. For five months we have stood in the presence of one of the most appalling wars in history, appalling not only because of its magnitude and destructiveness but also because of its frustration of hopes widely cherished that the progress of civilization had rendered an armed conflict between the leading powers of the world morally impossible. As a result we have since the outbreak of the great conflict been tossing about on the stormy sea of controversy, distrustful of our charts and guides, and assailed on every hand with cries of doubt and despair. We have been told that there is no such thing as international law; that, even if its existence be admitted, it is at most nothing but what superior force for the time being ordains; that international understandings, even when embodied in treaties, are practically worthless, being obligatory only so long as they may be conceived to subserve the interests or necessities of the moment; that the only security for the observance of international rules, general or conventional, is force, and that in force we must in the last analysis find our sole reliance.

scholarly journals Monetary Theory of the Genesis of the State, Prospects for Electronic Money and Transnational Law

2021 ◽  
Vol 10 ◽  
pp. 636-647
Author(s):  
Daniyar Sarsembayev ◽  
Keyword(s):  
International Law ◽  
Public Procurement ◽  
The State ◽  
Economic Crime ◽  
Electronic Money ◽  
World Community ◽  
Monetary System ◽  
The World ◽  
Digital Money ◽  
The Moment

This article is an attempt to explain a new way of the cause of the emergence of the state with simultaneous consideration of previously known theories in legal science. Several arguments are presented in favor of the new theory, which, in the author's opinion, are sufficiently valid. The author analyzes the dynamics of the development of the causes of the emergence of state and law and its influence on the transformation of the latest civilizations, which took place in history. Based on the historical chronology of the emergence and functioning of money, the author conventionally differs three stages in its development: 1) the period of the gold standard or a chronic shortage of monetary liquidity; 2) the period of paper money and inflationary pressure; 3) the digital money period. The author upholds a new position regarding the essence of international law, believing that international law is not a separate system of law, but only the result of the evolution of law from national to international, which became possible thanks to the development of the institution of money. The author shares his thoughts on the true reason for justifying the state's right to war in international law a while back, expressed in a persistent shortage of monetary liquidity, which took place from the moment the first civilizations appeared until the 20th century. This article establishes a projection for the further development of state and law, including international law, alongside the inevitable transition of the world community to the digital money supply. The article reveals not only the vision of the new monetary system, its absolute transparency, and clarity but also the various opportunities we face in such a transition. In this regard, the states and the world community will come to clear and effective outcomes in management, to the practical abolition of corruption and economic crime, to legal methods of conducting all competitions and public procurement, to fair and effective justice, and the establishment of highly moral relations in society.

In Praise of a Self-Contained Regime

2017 ◽  
Author(s):  
J Craig Barker
Keyword(s):  
International Law ◽  
Cultural Diplomacy ◽  
Globalized Economy ◽  
Technological Developments ◽  
The Creation ◽  
Governmental Institutions

This chapter is dedicated to the challenges which the VCDR, fifty years into its existence, faces in a world marked by a globalized economy and rapid technological developments. The author reflects on new diplomatic processes which have emerged through the creation of governmental and non-governmental institutions and on notions such as collaborative, public, and cultural diplomacy which have challenged accepted understandings of the role and functions of traditional diplomacy. Barker also explores the fact that international law itself is changing from a system regulating co-existing sovereignties to a possibly fragmented discourse of complex frameworks which themselves challenge the sovereignty paradigm. In this context, he investigates the continued relevance and purpose of the VCDR and gives particular focus to existing mechanisms within the Convention that allow for modified and developed interpretations of the Convention to take account of the changing international world in which contemporary diplomacy operates.

Chronology of Practice: Chinese Practice in Public International Law in 2018*

2019 ◽  
Vol 18 (4) ◽  
pp. 837-931
Author(s):  
Xiaohui Wu
Keyword(s):  
International Law ◽  
International Organizations ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Public International Law ◽  
National Legislation ◽  
Republic Of China ◽  
Judicial Decisions ◽  
International Conventions ◽  
Foreign Ministry

Abstract This Survey covers materials reflecting Chinese practice in 2018 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.

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