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This paper looks at the question of direct participation in cyber hostilities under the international law of armed conflict, or international humanitarian law (IHL) as it is also known. The paper examines the history and development of the concept of direct participation in hostilities by...
Persistent link: https://www.econbiz.de/10014173187
With the entry into force of the Lisbon Treaty, novel issues have to be considered and longstanding issues revisited, relating to hierarchy of norms and to general principles of EU law. They may be solved through an appropriate understanding of the difference between hierarchy of norms and...
Persistent link: https://www.econbiz.de/10014143849
The language of common European constitutional identity is distinguishable from that of common European constitutional traditions, in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional...
Persistent link: https://www.econbiz.de/10014055088
In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...
Persistent link: https://www.econbiz.de/10014067634
This paper examines the impact of ordre public and morality on government regulation of gene editing patents in the United States and the European Union. A discussion of ordre public and morality requires an understanding first of the separate meanings of ordre public and morality, then how and...
Persistent link: https://www.econbiz.de/10014261596
The complexity of present-day international law stands in an uneasy relation to the scheme of justice propounded by Rawls. The problems facing international lawyers may pose a conceptual threat to some of the fundamental bases upon which Rawls builds his entire theoretical edifice
Persistent link: https://www.econbiz.de/10013138626
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
Persistent link: https://www.econbiz.de/10012722658
Recent world developments pose a direct challenge to the authority and effectiveness of international law. The actions …
Persistent link: https://www.econbiz.de/10012953336
account for 40% of world GDP, including the United States, Japan and Australia. If ratified, economists model significant …
Persistent link: https://www.econbiz.de/10012969457