Military necessity and just war statecraft: the principle of national security stewardship
In: War, conflict and ethics
In: War, conflict and ethics
In: Environmental policy and law, Band 53, Heft 5-6, S. 321-332
ISSN: 1878-5395
International environmental law-making (IEL) now increasingly highlights the importance of ensuring that women are enabled to play a key role in environmental management and decision-making at all scales, including in relation to the marine environment. This article examines narratives of women in international environmental law, with a focus on the marine environment and human rights intersections. This study reveals that there is a tendency to treat women both as victims in need of saving from ecological devastation, and as saviours whose empowerment will save the world. Recent developments at the intersection of human rights and the environment point clearly to the necessity of embracing an intersectional approach. Beyond this, it is necessary to reflect on what is meant by 'women' in international law to answer the question of whether greater inclusion of women in legal processes will make a difference to solving global and local ecological challenges. Ultimately, the article argues that meaningful action will not happen until affluent and powerful men and women learn how to embody the idea of woman themselves, rather than placing the burden to save the world on those whose vulnerability is worsened if not created by affluent overconsumption.
"This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene"--
In: Journal of Asian and African studies: JAAS
ISSN: 1745-2538
This article delves into the pressing necessity for comprehensive refugee legislation in India and the repercussions arising from the absence of such legal provisions. India, which harbours a considerable population of refugees from nations such as Myanmar, Bangladesh, Tibet, Sri Lanka and Afghanistan, presently lacks a specialized legal framework tailored to tackle the distinct challenges confronted by refugees. The nonexistence of refugee laws gives rise to various consequences impacting refugees and the host country. The research methodology for this study adopted a qualitative approach, focusing on gaining in-depth insights into the challenges faced by refugees and the host communities in India and the consequences of lacking a dedicated refugee law. This article highlights five pivotal domains where the lack of a refugee law in India yields significant ramifications: insufficiency of legal safeguards, ambiguity and inconsistent treatment, restricted access to essential services, susceptibility to exploitation and mistreatment and burdens on host communities. Moreover, the article delves into the implications of national security concerns originating from the dearth of a comprehensive refugee law and its effect on India's global standing. The analysis underscores the criticality of enacting a robust refugee law to safeguard the rights, security and welfare of refugees; foster their integration into society; and showcase India's dedication to human rights and international humanitarian endeavours. The article concludes by emphasizing that implementing a comprehensive refugee law is imperative to address the challenges posed by forced displacement and establish a secure and inclusive future for refugees and the host nation.
In: Journal of Asian and African studies: JAAS
ISSN: 1745-2538
The widespread use of honorifics as a persuasive tool to achieve diverse communicative goals in Ghana has given rise to the necessity to investigate honorific expressions and their influence on sales performance among petty traders in Accra. Using an interpretive method, sampled shoppers and traders from Ghana's centre of trade – Makola Market – were interviewed to better understand honorifics' influence on sales. According to the study, honorifics have lost their purpose as a persuasive technique because their use no longer influences shoppers. However, they are still a politeness strategy for attracting the attention of potential shoppers.
In: Studia nad Autorytaryzmem i Totalitaryzmem, Band 45, Heft 1, S. 123-141
This article discusses the contemporary discourse of justifying the abandonment of the protection of rights by a higher necessity, which is presented as resulting both from the indications of science and from the structural features of modern society. Such ideas are proclaimed, among others, on the occasion of the phenomena referred to as the COVID-19 pandemic and the greenhouse effect and climate crisis, and are in turn addressed by institutional and political actions. The aim of the article is to analyze this discourse and its effects on the way of understanding politics and law, and in particular the totalitarian tendencies it generates. The author adopts a hermeneutical perspective as a methodological starting point and refers to a certain understanding of politics and law as based on practical reason, which is established in the Western philosophical tradition. This then serves to outline an ideal type of discourse of structural necessity as a rejection of this type of rationality. In doing so, the author refers to the interpretation of commonly known ideological tendencies and institutional facts. The presentation of the less obvious feature of this discourse, i.e. the identification of natural and political necessity, is supported by the author with references to contemporary philosophical and political concepts dealing with the relationship between the social and natural spheres. The conclusion is that this discourse eliminates the idea of the subject, politics understood as the sphere of manifestation of subjectivity, law as an art based on practical rationality, and finally the separation of science and power.
In: Evrazijskaja integracija: ėkonomika, pravo, politika ; meždunarodnyj naučno-analitičeskij žurnal, Band 17, Heft 4, S. 82-91
Cybercrime is the threat to national and international informational security. The objects of cyberthreats are economics security, critical information structure, information state sovereignty. All states admit necessity to take effective measures for anti-cybercrime in this time. Such organizations, as Commonwealth of Independent States, Collective Security Treaty Organization, Shanghai Cooperation Organization are to take active measures on counteracting cybercrime.Aim . The aim of this article is to define principal directions on effective counteracting cybercrime, including creation of law base on national, regional and international levels, measures for prevention cybercrime and development of international collaboration.Tasks. There are following tasks in this article: to define "cybercrime", categories of cybercrime and measures for prevention cybercrime, to analyze experience of member nations of the CIS and world law mechanism for cybercrime control.Methods. There is necessity to define terminology in accordance with the international standards for cybercrime control.Results . Member nations of the CIS are giving important attention to creation the law base for national and international security, and also Criminal Law about responsibility for cybercrime.The Model Law "On counteracting cybercrime" was adopted by Interparliamentary Assembly of the CIS on 14 Aprile 2023, which is the base of development of national legislation in sphere of cybercrime control.On 30 July 2021 Russia was carry in General Assembly of the United Nations the Project of Convention United Nations Countering the use of information and communications technologies for criminal purposes for creation of international law mechanism for anti-cybercrime.In the result of this research author is defined cybercrime and it's variety in accordance with international standards, and also principal directions of counteracting cybercrime in contemporary period.Conclusion. Implementation by member nations of the CIS of Model Law "On counteracting cybercrime" will allow unify national legislation and assist strengthening and extension international cooperation between these states on combating cybercrime.There is necessity to adopt such complex Federal Law "On counteracting cybercrime" and the Strategy on cybersecurity in Russia.
Blog: Verfassungsblog
In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ reiterated the requirement to respect the most fundamental rights and the core of humanitarian law to all warring factions. Despite still essentially being a court for inter-state disputes – it put the individual, the human being, at the centre. Henceforth, the ICJ's order of provisional measures is a Solomonic decision at its best and a further step towards the "humanization of international law".
Part I. Introduction -- Chapter 1. Honest Errors in Combat Decision-Making: State of Our Knowledge 75 Years after the Hostage Case -- Part II. Devastating Northern Norway and Forcibly Evacuating Its Inhabitants -- Chapter 2. Occupied Norway 1940-1945: A Brief Background to Hostage -- Chapter 3. Rendulic and the Military Necessity Defence in Hostage: Did He Speak the Truth? -- Chapter 4. Devastation and Forcible Evacuation: Actors and Their Motives -- Part III. Trying Rendulic and Developing the No Second-Guessing Rule -- Chapter 5. The Inclusion of Finnmark's Devastation and Forced Evacuation Charge in Hostage -- Chapter 6. The Adjudication and Findings of Finnmark's Devastation Charge in Hostage -- Chapter 7. The Genesis and Significance of the Law of War "Rendulic Rule" -- Chapter 8. The Limits of Honest Judgment: The Reasonable Commander Test and Mistake of Fact -- Part IV. Assessing an Error's Reasonableness -- Chapter 9. The ICT Revolution, 21st Century Warfare, and Honest Errors -- Chapter 10. Empathy at War: The Distinction between Reasonableness and the Reasonable Military Commander Standard -- Chapter 11. Drone Warfare, Civilian Deaths, and the Narrative of Honest Mistakes -- Part V. Conclusion -- Chapter 12. Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications -- Annex. List of Historical Names and Entities. .
In: World affairs: a journal of ideas and debate, Band 187, Heft 1, S. 24-36
ISSN: 1940-1582
AbstractThe military now views cyberspace as a new warfare domain, with constant cyber operations potentially causing significant consequences. Internationally, countries are heavily involved in cyberspace, but international law lags behind this evolution, raising questions about its application and retaliation measures. This article investigates international law in cyberspace and cyber operations in warfare and terrorism, exploring recent calls for increased legislation. The impact of cyberspace nonregulation on international security is examined from both positive and negative perspectives. It argues that solving anonymity and attribution issues requires state collaboration, with an initial step of cooperation against cyber‐terrorism. The conclusion emphasizes the necessity of cyberspace regulation and legislation for international and national security, offering a starting point for discussion.
In: Law and Visual Jurisprudence 12
Introduction. Venturing to Find New Approaches to Heritage in Peril for the 21st Century -- Part I. Cultural Heritage Between Theory, the Past, and the Future -- Ruins as Cultural Heritage. Ethical and Aesthetic Considerations -- Finding the Intangible: Contested Cityscapes, Inclusive Cultural Heritage Determinations, Balancing Stakeholder Interests… Is Urban Property Law Up to the Challenge? -- Should Heritage be Preserved? Examining Contention Over Confederate Monument Removal -- Ruins and Heritages, the Great Mutation of China's Diplomacy in its Encounter with Europe in the 19th Century -- Cultural Heritage Law and NaturalCultural Paradigms within the Sustainable Development Discourse -- Adopting a Holistic Approach to Cultural and Natural Heritage Protection under the UNESCO World Heritage Convention -- Cultural Heritage and the Conservation and Insecurity Paradigms: International Law in the Pursuit of Social Cohesion -- NFT and Blockchain Technology for a Sustainable Future of Cultural Heritage -- The Virtual Museum: How Technology and Virtual Reality may Help Protect and Promote Cultural Heritage -- The Two Most Important 21st Century Disputes in Cultural Heritage Law -- Part II. Heritage Issues in Times of War and Conflict -- The Protection of Cultural Property in the Case of Armed Conflict: The State of Current and Future Developments in Military Doctrine -- Military Necessity as an Exception in the Context of Cultural Heritage Protection: Exploring the Role Played by the Proportionality Principle -- Cultural Heritage as a Neutral Party: The Role of Neutrality in the Protection of Cultural Heritage During Armed Conflict -- Mens Rea in International Criminal Law: A Look at Eichmann's Responsibility in the Light of Kant and Arendt -- Protecting Cultural Heritage in Times of War: A Study of the Gravity of Protection Rules vs the Weight of Violations -- To Break Their Will to Fight: The Weaponization of Heritage in Modern Irregular Warfare -- Heritage in War: International Criminal Responsibility for the Destruction of Cultural Heritage in Armed Conflict -- Destruction of Natural and Cultural Heritage during the Armed Conflicts: An International Law Perspective -- Facing Heritage Protection in Armed Conflicts, International Institutions and Civil Society -- Armed Non-State Actors and Cultural Heritage Protection under IHL -- Cultural Heritage and International Security through the role of ANSAs -- Part III. Heritage Issues in Times of Peace and Stability -- Law, Vague Legal Terms and Clothing as Everyday Culture -- Eat the Rich: A Rethinking of the Heritage-Crime-Development Nexus -- Mainstreaming Indigenous Peoples' Human Rights in the Protection of Cultural and Natural Heritage: The Role and Issues Surrounding of Relevant Global Governance Actors -- The Legal Process of Transformation: Exploring the Interactive Relationship between Cultural Heritage and Geographical Indications (GIs) -- Gender, Traditional Cultural Expressions, and Intellectual Property: Exploring Women's Empowerment and Cultural Production in Zambia -- Folk Art and Stylized Folk Art from the Perspective of Intellectual Property Law. Analysis of the Example of Two Polish Folk Song and Dance Ensembles, 'Mazowsze' and 'Śląsk' -- Part IV. Heritage as a Right: From the Fight for Preserving the Past to the Questions of Restitution -- Shrouds of Silence: Dismantling of the Heritage Sites of Middle Eastern Minorities as de facto Erasure of History -- The Consequences of Violence against Women and Children in Armed Conflicts for their Intangible Cultural Heritage. A Diachronic Perspective of Universal Rights of Women -- Cultural Heritage: A Critical Element of the Right to Education and the Right to Identity of Children in Armed Conflict -- Legal Obstacles to Claims for Restitution of Cultural Objects Removed as Spoils of War -- Cultural Heritage Law in the Dock: Protecting Cultural Objects in Un-recognized States and Governments -- Cultural Treasures and their Place of Origin: Crimean Treasures return to Kyiv -- Performing Special Protection: Cultural Heritage in PostWar Kosovo -- Conclusions. Heritage in War and Peace -- Afterword. Return to the First Seminar: Protecting an Invaluable Heritage. The Egyptian Case.
"The necessity for the fundamental practice of regulating fair competition in a globalized world cannot be overstated. This promotes innovation, productivity, and serves as a safeguard against monopolies that could stifle progress. Regulating Fair Competition Toward Sustainable Development Goals is an insightful and comprehensive exploration of the vital link between competition law and policy and the United Nations' Sustainable Development Goals (SDGs).At its core, this book delves into the crucial role of fair competition in fostering innovation and driving economic growth. By encouraging corporations to continuously seek novel ideas and invest in research and development, fair competition paves the way for improved productivity and cost-effective production. Moreover, this legal framework stands as a bulwark against monopolies, which can suppress innovation, limit consumer choice, and escalate prices. The editors deftly elucidate the importance of competition law and policy in creating an open and fair marketplace that benefits consumers, businesses, and the environment. Bringing together a distinguished collection of academics and industry experts, this book delves into a broad spectrum of topics, including economy, environment, energy, technology, employment, business, and management. By examining various perspectives, the book offers a nuanced understanding of the implementations and limitations of competition law and policy in the context of sustainable development. This timely and significant volume caters to a diverse audience comprising academics, students, policy makers, and government and private research institutions. Furthermore, industry leaders and corporations will find valuable insights on how fair competition can foster sustainable development, making this book a must-read for those seeking to navigate the intersection of competition law and the SDGs."--
In: Central european journal of communication: the official journal of the Polish Communication Association, Band 16, Heft 2(34), S. 260-278
The progressing convergence of television and Internet services has caused a dynamic development of the audiovisual market. The decision to regulate the subject matter of video-sharing platforms (VSPs) in the amended Audiovisual Media Services Directive (AVMSD) was dictated by recognition that such platforms compete for the same viewers and incomes as other audiovisual media services. Coordination of legislation on the European level led to the necessity to introduce amendments to Polish law. The main purpose of this article is to present selected provisions of AVMSD and Poland's Broadcasting Act concerning VSPs as an area of media policy, which previously had fallen outside the scope of institutional intervention and regulatory restrictions relating to the traditional media market. The central question that author attempted to resolve was whether measures used in relation to VSP providers are legitimate, necessary and proportional. The study explains the definition of video delivery services which is fundamental from the point of view of imposing some obligations on these types of services.
In: Stato, Chiese e pluralismo confessionale
ISSN: 1971-8543
"New wine into new wineskins": some first notes on the current challenges for canon law
ABSTRACT: Inspired by the Summary Document of the recent Synod of Bishops, which requests a revision of the Code of Canon Law and the Code of Canons of the Eastern Churches, this study intends to reflect on the contribution that canonical doctrine can offer for this revision. Specifically, the study analyzes the current Code as a result of both the Second Vatican Council and the legal classifications specific to the positivist culture during the 19th and 20th centuries and, consequently, it observes the necessity, from a de iure condendo perspective, to approach the work articulated towards a mature acceptance of certain aspects of the Second Vatican Council not appropriately valued in the drafting of the Code, such as the pneumatological renewal of the theology and ecclesiology of communion. Given these remarks, it is possible to move in the direction indicated by the Synod, avoiding "pouring the new wine of the Synod into old wineskins" of the now outdated juridical categories. In this perspective, the study identifies four potential areas for renewal, both urgent and achievable.
SOMMARIO: 1. Premessa - 2. Una pro-vocazione alla canonistica - 3. Un complesso lavoro di ricezione - 4. Alcune questioni sulle quali riflettere - 5. Considerazioni di sintesi.
In: Vienna online journal on international constitutional law: ICL-Journal, Band 18, Heft 1, S. 59-76
ISSN: 1995-5855, 2306-3734
Abstract
This paper proposes a synthesis that renders democratic principles compatible with the preservation of judicial control of constitutionality. This has been mediated by what I have called 'weak procedural constitutionalism', a methodology through which constitutional conflicts are debated in the legislature and among the citizenry as the real holders of the final say in society, with judicial activity focused on an intermediate say and the promotion of subsequent social deliberation. The judicial process thus becomes a public dialogical procedure susceptible to intervention by citizens and capable of generating public information processes facilitating accountability. The constant quest for instrumentalities that increase the democratic legitimacy of constitutional courts is an existential necessity. Only through real opportunities for dialogue and citizen participation in the decision-making process can judicial review be made democratically palatable. This requires that both judges and legislators play an intermediate rather than primary role, one in which democratically elected legislatures enjoy a high degree of legitimacy in adopting decisions, in juxtaposition with the derivative legitimacy appurtenant to constitutional courts. The premise for the exercise of what I denominate as weak constitutionality control, or the hypothesis for a weak procedural constitutionalism, is a possible synthesis of the tension between constitutionalism and democracy, with emphasis on the Colombian case.