Conflict Law

Boothby, William H.

doi:10.1007/978-94-6265-002-2

Cited by 18 publications

(2 citation statements)

References 8 publications

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“…161 William Boothby, a regular participant in the expert processes, concludes that '[i]t is difficult to see how a process [that only restates lex lata] can be the subject of legitimate criticism by anyone'. 162 Only few scholars have taken a critical stance toward restatements and their role in international law. Santiago Villalpando has examined how informal codifications of the International Law Commission (ILC) have made their way into formal law through decisions of the ICJ.…”

Section: Situating the Book Among Existing Scholarshipmentioning

confidence: 99%

Introduction: Just another instance of expert rule?

Petrov¹

2020

Expert Laws of War

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Experts do not make law. A quick look into Article 38(1) of the International Court of Justice (ICJ) Statute reveals that expert manuals are not a source of international law. So why should there be a legal monograph on them? In view of this book, the apodictic statement that experts do not make law is as true as it is misleading. International groups of legal experts have developed ways to compensate for the lack of formal status and established their manuals as central reference points in international humanitarian law (IHL). 1 This has been considered 'a positive development'. 2 The following refutes this narrative.When the present author commenced his clerkship at the German Federal Ministry of Defense he saw the motivation for this book being confirmed: the Tallinn Manual 2.0 was prominently placed on the desk of his supervisor. The present book investigates the reasons for a manual of private experts having made its way into a governmental executive body. At the same time, it aims to show that expert manuals are problematic. They showcase larger shifts in IHL following technological, doctrinal and sociological developments. Drawing from a variety of perspectives, the goal is to shed light on the implications of these prominent, yet largely unquestioned, expert processes. Already their raison d'être of clarifying the law for practical purposes while only reflecting the law as it exists, is based on a false assumption: international law can hardly be restated without additions or modifications. This book will explain why the 1 The alternative term law of armed conflict is often associated with a traditional understanding of the laws of war, IHL with a modern approach. Generally, IHL appears more common among continental Europeans and law of armed conflict among Anglo-Americans. It boils down to a matter of taste and a question of which aspect of the law one wishes to emphasize. See also Schäfer, 'History of Division(s)' in Baade et al. (eds),

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Section: Situating the Book Among Existing Scholarshipmentioning

confidence: 99%

Introduction: Just another instance of expert rule?

Petrov¹

2020

Expert Laws of War

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“…Cyber is a ‘prefix standing for electronic and computer related activities’ (Nye Jr., , p. 3). Cyberspace can be reflected as the ‘environment formed by physical and nonphysical components characterized by the use of computers and the electromagnetic spectrum to store, modify and exchange data using computer networks’ (Boothby, , p. 123). Importantly, cyberspace is comprised of more than just the Internet.…”

Section: International Law In Cyberspace: Behind Keyboards and Computmentioning

confidence: 99%

Wired yet Disconnected: The Governance of International Cyber Relations

Slack¹

2016

Global Policy

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Shaping an international consensus for the digital age is the current challenge. The nature of cyberspace complicates efforts to govern it, notably due to its asymmetrical, anonymous and dual‐use characteristics. Such intricacies are compounded by the fact that the global cyber landscape varies significantly in terms of technologies, capabilities and strategies. Despite the complex nature of cyberspace, existing international legal regimes are adequate. International law is applicable to cyberspace; it is rather a question of sorting out the specificities of how it is to be applied. Based on a normative approach, the focus should be placed on further constructing and connecting those existing political and strategic frameworks for the effective governance of international ‘cyber’ relations.

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Mass Media Instrumentalization in Foreign Policy of States: Russian Strategic Toolset

Mareš

2021

The Russian Federation in Global Knowledge Warfare

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Conflict Law

Cited by 18 publications

References 8 publications

Introduction: Just another instance of expert rule?

Introduction: Just another instance of expert rule?

Wired yet Disconnected: The Governance of International Cyber Relations

Mass Media Instrumentalization in Foreign Policy of States: Russian Strategic Toolset

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