Topic 1

Cyber Operations under International Humanitarian Law: Perspectives from the ICRC

Cyberspace is so omnipresent that it can seem banal, but it is also a target-rich environment from a military perspective, with modern armies deeply reliant on digital infrastructure. From the perspective of international humanitarian law (or IHL, also known as the law of armed conflict), this raises the question of what cyber operators may and may not attack during armed conflicts, what even constitutes an "attack" under IHL in cyberspace, and what the reverberating effects of those attacks could be on civilians.

Topic: 
Volume: 
24
Issue: 
11
Author: 
Jonathan Horowitz
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New Developments in Seeking United States Discovery for Foreign Proceedings and International Arbitration

In 1964, the United States Congress passed a law providing that a United States district court "'may order' a person residing or found in the district to give testimony or produce documents 'for use in a proceeding in a foreign or international tribunal . . .

Topic: 
Volume: 
24
Issue: 
10
Author: 
Jared Hubbard and Malgorzata Mrózek
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Investment Facilitation Mechanisms and Access to Justice in Brazilian Investment Agreements

Since 2015, Brazil has concluded more than a dozen Cooperation and Facilitation Investment Agreements (CFIAs), in a radical departure from Brazil's earlier policy to remain out of the network of investment treaties.[1] These CFIAs include a novel system, encompassing mechanisms for preventing and settling disputes, which differs strikingly from traditional investor-state arbitration available under most bilateral investment treaties.

Topic: 
Volume: 
24
Issue: 
9
Author: 
Sufyan Droubi
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Can Trade Dispute Resolution Mechanisms Enhance State Compliance with International Health Regulations? Insights from MARPOL 73/78

Preventing or managing a global pandemic such as COVID-19 requires states to strictly comply with the World Health Organization's International Health Regulations 2005 (IHRs). However, like many multilateral environment agreements, the IHRs lack a strong dispute resolution mechanism to enhance state compliance. To bridge that gap, states have incorporated several environmental conventions into free trade agreements (FTAs) over the past fifteen years.

Topic: 
Volume: 
24
Issue: 
8
Author: 
Jie (Jeanne) Huang
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The Civil Protection Mechanism of the European Union: A Solidarity Tool at Test by the COVID-19 Pandemic

After the first cases of what would later be named "COVID-19" were notified by China on December 31, 2019, the European Union (EU) reported its three first detected cases on January 24, 2020. As of April 18, 785,229 detected cases and 78,576 deaths had been reported by the 27 EU member states, while the total number of detected cases and deaths reported worldwide were 2,197,593 and 153,090 respectively.

Topic: 
Volume: 
24
Issue: 
7
Author: 
Hélène De Pooter
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Covid-19: Just Disastrous or the Disaster Itself? Applying the ILC Articles on the Protection of Persons in the Event of Disasters to the Covid-19 Outbreak

As of April 18, 2020, Covid-19, designated as a pandemic by the World Health Organization (WHO), infected more than 2 million persons.[1] This dramatic increase in the number of cases since the first reported case on December 31, 2019, sparked a range of responses from various public and private actors.

Topic: 
Volume: 
24
Issue: 
6
Author: 
Alp Ozturk
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The Snow Crab Dispute in Svalbard

The Spitsbergen (Svalbard) archipelago, located over 400 miles East of northern Greenland in the Arctic Ocean, was terra nullius until a 1920 treaty (Svalbard Treaty) recognized the "full and absolute sovereignty of Norway" over this territory.[1] Snow crabs settled in the region some two decades ago and have since become abundant in these waters.

Topic: 
Volume: 
24
Issue: 
4
Author: 
Hélène De Pooter
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International Governance of Global Health Pandemics

COVID-19 has disrupted the world as we know it with the declaration of national disaster, imposition of strict quarantines, and economic disruptions. In order to provide some context for the role of international law in public health emergencies, this Insight provides brief history of how the international community has created institutional governance to respond to global health pandemics.

Introduction

Topic: 
Volume: 
24
Issue: 
3
Author: 
Anastasia Telesetsky
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