Subjects -> LAW (Total: 1585 journals)
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    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 68)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 17)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 24)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 37)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 9)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 6)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 249)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 42)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 14)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 274)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 31)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 23)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 26)
International Planning Studies     Hybrid Journal   (Followers: 8)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 85)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 9)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
Journal of the History of International Law     Hybrid Journal   (Followers: 17)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 5)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 6)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 9)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Notre Dame Journal of International & Comparative Law
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2325-2235
Published by Notre Dame Law School Homepage  [2 journals]
  • Modernity and the Law: A Late Twentieth Century View

    • Authors: Robert P. Burns
      Abstract: This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.
      PubDate: Tue, 02 Jun 2020 18:57:59 PDT
       
  • Legal System Network Effects and Global Legal Development

    • Authors: David C. Donald
      Abstract: Law originates in local environments, yet can be transmitted globally or over time to new contexts and foreign or future users. At its origin, law arises in response to social needs, but once formalized it takes on a semantic life of its own in a network of users. A rule created in response to a random New York plaintiff could—with sufficient popularity—end up as the standard norm applied globally, regardless of its underlying suitability for specific local needs.To better understand the consequence of these legal system network effects on global legal development, this Article applies Klausner’s network theory of law’s perceived value to the use of foreign or transnational law in the international development context. Through this network analysis, the Article expands on Pistor’s examination of how local needs interact with standardized, international “best practices.” With regard to law’s genesis in reaction to local environmental stimulus, this Article presents the leading theory on law generated in response to societal demand (Luhmann), but also shows the presence of similar views in Baker, Eisenberg, and Glenn.This analysis brings law’s dual facets into focus: at law’s origin are systematic relationships in which societal needs stimulate the legal profession’s ordering of concepts and remedies. Once formalized, law then enjoys network effects by its users: the legal system’s concepts and remedies take value from their ability to be easily communicated and understood, becoming more valuable as the network’s user base grows. The logic of law’s network growth will tend to divorce it from attention to the disruptive stimulus of social needs. Because law as a network will become more attractive the more “settled” (use over time) or “global” (use over space) it becomes, change becomes undesirable. A bias in favor of well-networked law can insulate the legal system from the dynamic social responsiveness needed to retain congruence with social needs. Developing countries and law reform professionals should therefore keep in mind that although popular “fast law” may hit the spot and please the budget, it is probably not the best way to nourish the body politic.
      PubDate: Tue, 02 Jun 2020 18:57:50 PDT
       
  • A Second Chance on Earth: Understanding the Selection Process of the
           Judges of the Colombian Special Jurisdiction for Peace

    • Authors: Santiago Pardo Rodríguez
      Abstract: For over fifty years, Colombia has faced a bloody and cruel civil conflict. Some of the most conservative studies have estimated that the total death toll of the war may be 220,000. The weight of this number heavily lies on the civilian population. It is estimated that around 81% of those killed in the conflict are non-combatant civilians. This represents, according to the data collected by the government’s Center for National Memory, around 180,000 civilian victims. In other words, as a civilian, the probability of being a victim in the Colombian conflict was nine times higher than a military or a guerrilla member. To put this in context, according to the United Nations, the global annual murder rate for 2012, the year the peace negotiation between the government and the FARC started, was 6.2 murders per 100,000 inhabitants. For that same year, the average in Colombia was 31.3 murder per 100,000 inhabitants.After four years of negotiations, on August 24, 2016, the Colombian government signed a peace agreement with the guerrilla group FARC to end the fifty-year civil conflict. This ongoing accord has been the most successful peace attempt to date. Proof of this is that the agreement is currently being implemented by the parties, although not without some difficulties. A central part of the agreement conceived a System of Truth, Justice, Reparation, and Non-Repetition. Under this system, the Special Jurisdiction for Peace (SJP) was established as the cornerstone of the transitional justice system. This Jurisdiction for Peace, based on the terms of the agreement, is conceived as the institution that will exercise judicial functions, fulfilling the duty of the Colombian state to investigate, prosecute, and punish crimes committed in the context of and due to the armed conflict, particularly the most serious and significant crimes.The SJP provides an opportunity to look into a revolutionary proposal to form Transitional Justice tribunals. As it will be explained in this Article, the peace agreement conceived a unique and untested way to appoint the judges of the SJP. Conventionally, the way of appointing judges for this type of institution has been a top-down approach. In the past, the selection of justices has been from the rank and file of victors in war (like in the case of the International Military Tribunals created in Nuremberg and Tokyo after World War II), through the United Nations Security Council (for the case of the International Criminal Tribunals for the Former Yugoslavia and Rwanda), or by International Bodies comprised only by states (like the case of the Assembly of State Parties of the Rome Statute regarding the International Criminal Court).In contrast, for the first time, the selection process of the judges of the SJP was conducted by an independent committee appointed by third parties designated by the Colombian government and the FARC. Also, unlike the vast majority of transitional justice institutions, only Colombian lawyers were appointed to the new Tribunal and the process of selection was run completely through an online platform that was open to public comments regarding the candidates’ qualifications and proficiency. Additionally, the peace agreement included clear formal criteria—related specially to affirmative actions in favor of minorities—that served as the guidelines for the selection process of the justices. Understanding the way those in charge of appointing the judges of the SJP translated this abstract formal criterion into reality not only allows us to grasp the impact of this new experiment on transitional justice but also helps to answer a broader question about judicial independence in transitional scenarios. Courts are institutions run by human beings, so they are subject to all kinds of subjective influences. Because of this, judicial independence is not directly observable. That is why empirical studies must rely on certain proxies to evaluate independence. One of the more common and reliable proxies is the appointment process, because in these scenarios the profile of a particular court is molded. The filters applied in this process are key elements for determining the kind of institution the Special Jurisdiction for Peace is destined to be.This Article traces the trials and tribulations surrounding the selection process for the SJP. In the heat of the current political debates around the implementation of the peace agreement, it is important to understand the origins of the institution that has the extraordinary challenge of closing, in a judicial sense at least, this chapter of violence in Colombia’s history.
      PubDate: Tue, 02 Jun 2020 18:57:40 PDT
       
  • The Rise of Hybrid Warfare

    • Authors: Waseem Ahmad Qureshi
      Abstract: In the twenty-first century, wars are not declared or waged conventionally; instead, conflicts are instigated by clandestine agents using cyber tools, information operations, NGOs, nonstate actors, economic tools, propaganda, ambiguity, terrorism, and insurgency or rebel movements. In hybrid warfare, the lines between peacetime and wartime and between combatants and civilians are blurred. Further, systemic aggression is imposed on a targeted state using gray zones, nonlinear warfare, unrestricted warfare, unconventional warfare, and color revolutions to avoid attribution and possible retribution for the aggression. Hybrid warfare employs a wide array of power tools, ranging from political, economic, military, and civil to informational. This type of warfare targets the vulnerabilities of a society and system, while deliberately exploiting ambiguity to avoid detection. Hybrid warfare is usually detected only when it is fully functional and capable of inflicting harm. Today, its operations are employed by several nations around the world. Presently, the most notable effects of hybrid wars can be seen in Syria, Ukraine, and Hong Kong. Moreover, there are a plethora of cases where aggressors using hybrid warfare have either admitted their involvement in hybrid operations or declassified their unapproved plans for hybrid wars. A responsive strategy to fight hybrid warfare comprises three steps: detect, deter, and respond. Therefore, this Article intends to explore: What is hybrid warfare' What are the prevalent theories and theoretical frameworks through which hybrid warfare operates' (This will involve a discussion on the notions of the theory of global dominance, Lind’s predictions, the color revolutions, unconventional warfare, Warden’s five rings, Hart’s theory of indirect warfare, John Boyd’s OODA loop theory, chaos theory, the United States’ full spectrum dominance strategy, insurgency, and the theory of leading from behind.) What are the elements of hybrid warfare' How does it use propaganda, proxies, economic leverage, and cyberattacks' Are there any case studies where aggressors using hybrid warfare have either admitted to their plans and activities or been caught during the act' (This section will include details and summaries of hybrid warfare cases, attacks, and operations that have been admitted by Russia, the United Kingdom, Israel, Turkey, Indonesia, Macedonia, Italy, and the U.S.) Finally, this Article examines which tactics or strategies can be used to counter hybrid threats or hybrid warfare.
      PubDate: Tue, 02 Jun 2020 18:57:31 PDT
       
  • International "Constitutions" and Comparative Constitutional Law

    • Authors: Michael Da Silva
      Abstract: Many legal scholars and jurists see a particular document or a collection of documents as a means of constitutionalizing international law. The Charter of the United Nations is a prime example. Based on this, comparisons are made between international law and domestic constitutional orders, and these comparisons are sometimes used to decide cases. However, there is reason to question whether the international legal order has enough features of domestic constitutional orders to justify judicial comparison between the international legal order and domestic constitutional orders. The ongoing constitutionalization process is unlikely to produce an international legal order with sufficiently similar features to domestic constitutional orders. Thus, this Article proposes caution when comparing international and domestic law to address constitutional issues and argues that at least most valid comparisons to fulfill constitutional law purposes likely do not qualify as forms of comparative constitutional law but are instead examples of other kinds of (often clearly useful) analysis.
      PubDate: Tue, 02 Jun 2020 18:57:21 PDT
       
  • Challenges to, and Manifesto for, Fact-Finding in a Time of Disinformation

    • Authors: Agnés Callamard
      Abstract: Liberal and democratic values are in jeopardy, as is the rules-based international system and the norms it embodies, both being subject to multiple attacks that, once taboo, now, quite to the contrary, are both claimed and carried out with pride. This Article assesses the current human rights environment from the perspective of a United Nations factfinder. The impact of technological advancement on the human rights framework and the process of evidence-gathering is discussed, particularly regarding the spread of misinformation. The Article concludes with a manifesto for fact-finding as a pathway to knowledge and justice.
      PubDate: Tue, 02 Jun 2020 18:57:12 PDT
       
  • Letter from the Editor

    • Authors: Brad A. Rocheville
      PubDate: Tue, 02 Jun 2020 18:56:52 PDT
       
  • It’s Time to Turn on the Lights: The Necessary Steps for the Rural
           Electrification of Sub-Saharan Africa

    • Authors: John Morris
      Abstract: While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the combined use of renewable energy sources and mini-grids integrated with support from private and public sectors, government sponsorship, and international, as well as locally-sourced, investment is the key to providing electricity to over ten percent of the world’s population.
      PubDate: Wed, 29 Jan 2020 20:00:34 PST
       
  • Neutrality in the Modern World: Internet Regulation's Impact on
           Economics and Society

    • Authors: Sarah DeAgostino
      Abstract: In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing investment, innovation, and development until the repeal of net neutrality laws. This Note analyzes how the EU, France, and the U.S. have developed distinctive net neutrality regulations. Further, this Note examines the social and economic reasons for why the regulations were developed and the relative strengths and weaknesses each regulatory scheme provides. This Note argues that the U.S. should conform its system to model the EU and France’s system in some respects to maximize for the social and economic advantages those systems provide, while avoiding each system’s relative disadvantages.
      PubDate: Wed, 29 Jan 2020 20:00:31 PST
       
  • Domestic Law Responses to Transnational Cyberattacks and Other Online
           Harms: Internet Dreams Turned to Internet Nightmares and Back Again

    • Authors: Clive Walker et al.
      Abstract: Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may achieve by setting out tactical and operational mechanisms, including police powers, criminal offenses, and sanctions. This Article examines instances of cyber-attacks, existing laws and their appropriateness for achieving the above-mentioned objectives. A comprehensive legal framework that includes tactical interventions the state could take and existing operational interventions, which may be used or expanded on to fully address the risk and resulting harm from these attacks, is advanced. Ultimately, law cannot provide all the solutions for the harms presented by these attacks due to transnationality, instantaneity and accessibility issues, in addition to political harms. The comprehensive plan in this Article illuminates the need for the whole of society—government, civil society, and the private sector—to address cybersecurity attacks.
      PubDate: Wed, 29 Jan 2020 20:00:27 PST
       
  • An Extraterritorial Human Right to Cybersecurity

    • Authors: Ido Kilovaty
      Abstract: Cybersecurity breaches have affected consumers and the landscape of politics globally. Legal developments have been reactive and incomprehensive. The fatal flaws of international law make it an ill-suited solution to these concerns because international law binds state actors and does not give individuals rights. International human rights law, however, provides the best solution because it does provide harmed individuals with rights and mechanisms to seek recourse. Cybersecurity relates to several key areas of human rights law and, therefore, its regulation is well suited to the existing international human rights regulatory scheme. This Article explores the possibility of using international human rights law to protect victims of attacks and the possible gaps left by the existing regulatory regime’s territorial nature, as well as issues that may arise from attempting to use human rights law to regulate cybersecurity.
      PubDate: Wed, 29 Jan 2020 20:00:24 PST
       
  • Collective Countermeasures in Cyberspace

    • Authors: Jeff Kosseff
      Abstract: The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states would be able to better address the persistent nature of the threats they face in cyberspace; (4) the prospect of collective countermeasures could have a deterrent effect; and (5) collective countermeasures could reduce the likelihood of escalation in cyber aggression. Subjecting collective countermeasures to the same limitations as countermeasures generally, and imposing additional limits on third parties seeking to engage in collective countermeasures, would eliminate the potential for substantial escalation and abuse. Accordingly, this Article concludes that collective countermeasures are the correct normative approach to cyber threats.
      PubDate: Wed, 29 Jan 2020 20:00:21 PST
       
  • Attribution and Other Conditions of Lawful Countermeasures to Cyber
           Misconduct

    • Authors: Mary Ellen O'Connell
      Abstract: State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule but should not involve the use of force. Moreover, a government planning to take countermeasures must have clear and convincing evidence regarding the state to whom the wrong is attributable and identify the wrongdoer with a requisite level of legal certainty. It is difficult to prove lawful use of cyber misconduct in response to cyber misconduct, but this Article contends that responses consistent with the rule of law exist.
      PubDate: Wed, 29 Jan 2020 20:00:17 PST
       
  • Letter from the Editor

    • Authors: Brad A. Rocheville
      PubDate: Wed, 29 Jan 2020 20:00:14 PST
       
  • Family Leave: Comparing the United States' Family and Medical Leave
           Act with Sweden's Parental Leave Policy

    • Authors: Mallory Campbell
      Abstract: This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.
      PubDate: Wed, 22 May 2019 21:04:26 PDT
       
  • Funding Mental Healthcare in the Wake of Deinstitutionalization: How the
           United States and the United Kingdom Diverged in Mental Health Policy
           After Deinstitutionalization, and What We Can Learn From Their Differing
           Approaches to Funding Mental Healthcare

    • Authors: Catherine Ryan Gawron
      Abstract: Deinstitutionalization was a mass movement away from institutional-focused mental healthcare in the mid-to-late twentieth century, which changed the dynamic of mental healthcare service provision in both the United States and United Kingdom. This Note analyzes the history and effects of deinstitutionalization on subsequent mental healthcare policy in those two nations, highlighting the key role of funding in shaping the success of mental health policy and programming.The focus on mental healthcare funding structures provides a lens to analyze the differences in financial funding, resource allocation, infrastructure development of community-based or alternative care services, and government and social support of mental healthcare in the United States and United Kingdom. This analysis of each nation’s funding structure illustrates how the mental healthcare policies of the United States and United Kingdom came to differ. This Note argues that understanding the divergence in financial context and funding between these two nations provides vital information about how policies towards mental health developed. Further, it argues that an understanding of these pecuniary differences can provide impetus for the United States and the United Kingdom to learn from each other’s weaknesses in order to strengthen future mental healthcare policies and programs.
      PubDate: Wed, 22 May 2019 21:04:18 PDT
       
  • The Necessity of Human Rights Legal Protections in Mutual Legal Assistance
           Treaty Reform

    • Authors: Christine Galvagna
      Abstract: Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, and a draft treaty for an International Data Access Warrant. Worryingly, most of these instruments would facilitate access by eliminating U.S. procedural protections and would fail to compensate for this loss with sufficiently protective human rights safeguards. This is dangerous. Superficially, MLAT reform may appear to be a merely technical or esoteric topic. However, by profoundly increasing the scope of law enforcement data collection powers, while simultaneously depriving individuals of protections against abuse of those powers, poorly designed MLAT reform policies will potentially result in the surveillance of states worldwide. Of the potential MLAT reforms, the draft proposal for an International Data Access Warrant, introduced by the United Nations (U.N.) Special Rapporteur on the right to privacy, most effectively speeds up access to data, deters extraterritorial jurisdiction over data, and safeguards human rights.
      PubDate: Wed, 22 May 2019 21:04:10 PDT
       
  • Protecting Internally Displaced Children in Armed Conflicts: Nigeria in
           Focus

    • Authors: Olaitan O. Olusegun Dr. (Mrs. et al.
      Abstract: Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced by virtue of the Boko Haram-induced armed conflict. This is due to several challenges, including an inadequate legal framework, lack of institutional coordination, insufficient financial resources, and lack of political will. This Article seeks to highlight these challenges, in addition to discussing the effects of internal displacement on children. It then proffers recommendations as to how internally displaced children could be effectively protected in Nigeria.
      PubDate: Wed, 22 May 2019 21:04:00 PDT
       
 
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