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6001. Information Warfare and Civilian Populations: How the Law of War Addresses a Fear of the Unknown

Author:
Lucian Dervan
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force's ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the same true if we are unsure of the collateral consequences of the computer network attack on a large civilian population that also relies on this communications system? For instance, because civilians use the same communications system to gather critical information, disabling the system might result in rioting, civil disorder, serious injuries, and deaths. Further, civilians may be unable to call for help, seek out medical assistance, or locate emergency response centers. Given these unknown yet potentially severe collateral consequences to civilians, it becomes less clear that a proportionality analysis under the law of war would favor the computer network attack over the traditional kinetic operation. In this article, Professor Lucian E. Dervan examines the application of the law of war to information operations and analyses the role of the Geneva Convention's utilitarian goals in determining the validity of computer network attacks against dual-use civilian objectives.
Political Geography:
Geneva

6002. Limits of the Impact of the International Criminal Tribunal for the Former Yugoslavia on the Domestic Legal System of Bosnia and Herzegovina

Author:
Eszter Kirs
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Information is a fundamental resource in post-conflict societies. However, information-sharing may lead to both advantages and disadvantages. The main focus of the present paper is the flow of information and knowledge from the International Criminal Tribunal for the Former Yugoslavia (ICTY) to the domestic judicial system of Bosnia and Herzegovina. Following a brief introduction of the dynamics of the changing relationship of the Tribunal and the Bosnian judiciary, the paper aims to outline the positive achievements and the practical barriers of the international intervention into the management of war crime cases in Bosnia and Herzegovina. The paper introduces the practical problems that came forth with the introduction of the adversarial procedure in the domestic judicial system, by which measure international intervention might have gone too far resulting also in negative consequences with regard to the management of domestic war crime trials.
Political Geography:
Bosnia, Herzegovina, and Yugoslavia

6003. The Abyei Arbitration: A Model Procedure for Intra-State Dispute Settlement in Resource-Rich Conflict Areas?

Author:
Freya Baetens and Rumiana Yotova
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2009, the Permanent Court of Arbitration administered a unique case: the Abyei Arbitration between the Government of Sudan and the Sudan People's Liberation Movement/Army. This case is unique in several aspects: first, it is an example of intra-state dispute settlement in a conflict zone rich in natural resources, second, it was conducted under a fast-track procedure, and third, it was fully transparent, with all documents and full webcast of the proceedings still available on the PCA website. Currently there is a large number of outstanding intra-state disputes, not limited to Africa, so this paper assesses why the Parties in the Abyei Arbitration chose arbitration in the first place and whether this model could be successfully applied to other similar disputes.
Topic:
Government
Political Geography:
Africa and Sudan

6004. Adjudicating Conflicts Over Resources: The ICJ's Treatment of Technical Evidence in the Pulp Mills Case

Author:
Juan Guillermo Sandoval Coustasse and Emily Sweeney-Samuelson
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Conflicts over resources and the consequences of utilizing those resources can ignite social and political demonstrations, especially when the conflict is over a shared resource. Solving those conflicts requires both an institution and a procedure that are not just binding but also legitimate in the eyes of the constituencies An important aspect of a legitimate procedure is that it correctly establishes the facts.

6005. From Riches to Rags – the Paradox of Plenty and its Linkage to Violent Conflict

Author:
Pelin Ekmen
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The article addresses the economic phenomenon of the so called Dutch Disease, also known as the Paradox of Plenty, as faced by countries rich in natural resources. Rendering a rough definition of this occurrence, the article continues to dwell on the link age between violent conflict and illicit resource trade in the Democratic Republic of Congo (DRC).
Political Geography:
Democratic Republic of the Congo

6006. Resources of Conflict - Conflicts over Resources

Author:
Marie-Claire Cordonier Segger
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
I am honored, esteemed colleagues and scholars, to assist you in opening this conference. We are gathered here to consider a crucial and timely problem, the linkages between two impossible challenges facing over a billion people in our world today. Conflicts over resources have been responsible for disputes and even wars both among, and within, many countries. They cause suffering for millions today, and continue to hold back important progress for many, many more. This conference doesn't just accept these terrible facts. It actively considers how the law can help to break the vicious cycle, bringing resolution and sustainable development to those who most need it. I congratulate the organizers, and also all of you as speakers and participants, for your foresight and your intellectual courage.

6007. From the Editor

Author:
Joel H. Rosenthal
Publication Date:
05-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
What is it about a twenty-fifth anniversary that seems to demand that we pay attention to the occasion? The obvious response, of course, is the issue of longevity—that someone or something has endured the various travails of a quarter century and, by all appearances, is continuing onward. But surely there is something else, something more essential at issue than merely endurance. There is, I think, the issue of recognition that is of importance here—the recognition that something has been sufficiently valued and appreciated as to warrant perpetuation. That, I suspect, is what we are celebrating when wetake this moment to reflect on our achievements and recommit ourselves to our stated mission.
Topic:
Globalization
Political Geography:
Iran

6008. Middle-Ground Ethics: Can One Be Politically Realistic Without Being a Political Realist?

Author:
Terry Nardin
Publication Date:
05-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Thinking about international affairs has oscillated between idealism and realism throughout the modern period. Moralists continue to search for a way to combine what is reasonable in each in an ethically defensible middle between those extremes.

6009. Face Reality? After You!--A Call for Leadership on Climate Change

Author:
Henry Shue
Publication Date:
05-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In Joseph Heller's comic war novel, Catch-22, the catch-22 of the title refers to a supposed military regulation that allowed one to be relieved of military service if one was insane, but further provided that no one who realized he would be better off out of military service could possibly be insane. Humanity's so far leaderless approach to dealing with rapidly accelerating climate change embodies a similar, but profoundly tragic, catch-22 that has, among other twists and contradictions, transmuted justice into paralysis. Many thought that the natural global leader of the effort to gain control of global climate change would be the United States, with its splendid cadre of scientists and its history of technological innovation. But our politicians have failed to be worthy of our scientists or of the trust we citizens have placed in them. Facing reality appears to be increasingly unpopular among those who pass as our national political leaders. Those who refuse to face reality often find that what they ignore may come back to bite them, and worse, it may hurt others who trust them with their well-being. It is unclear which members of the U.S. Senate have sold their souls to the fossil-fuel interests and which have simply closed their minds. But the effect is the same: the facts on the ground—and in the air, water, and ice of the planet—are racing further and further ahead of the faltering U.S. political efforts to respond to them. And the American failure of political leadership is one major factor that is crippling efforts to negotiate multilateral action at the international level.
Topic:
Climate Change
Political Geography:
United States and America

6010. Clean Trade in Natural Resources

Author:
Leif Wenar
Publication Date:
05-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The "resource curse" can strike countries that derive a large portion of their national income from exporting high-value natural resources, such as oil, gas, metals, and gems. Resource-exporting countries are subject to four overlapping curses: they are more prone to authoritarianism, they tend to suffer more corruption, they are at a higher risk for civil wars, and they exhibit greater economic instability. The correlations between resources and such pathologies as authoritarianism, corruption, civil conflict, and economic dysfunction are evident in the list of the five major African oil exporters: Algeria, Angola, Libya, Nigeria, and Sudan. The recent histories of mineral exporters support the correlations: for example, "blood diamonds" fueled Sierra Leone's decade-long civil war, and the continuing conflict in the metal-rich eastern Congo has caused up to 6 million deaths. The phenomenon is not solely African: Burma, Yemen, and Turkmenistan, for example, are also resource cursed. Moreover, poor governance in resource-cursed countries can engender follow-on pathologies, such as a propensity to cause environmental damage both domestically (for example, through the destruction of forests) and globally (through increased greenhouse gas emissions). Most research on the resource curse has focused on the institutions of exporting countries. This essay focuses instead on importing countries, especially those in North America and Europe. I survey how the resource curse impedes core interests of importing states. I then discuss how the policies of importing states drive the resource curse, and how these policies violate their existing international commitments. The second half of the paper describes a policy framework for importing states that can improve international trade in resources for both importers and exporters.
Topic:
Economics
Political Geography:
Africa, Europe, Sudan, Libya, Algeria, Burma, North America, Nigeria, and Angola