International Law in a Post-Post-Cold War World-Can It Survive?

Pert, Alison

doi:10.1002/app5.174

Cited by 3 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Stricto sensu, the ongoing ‘legal warfare’ primarily constitutes a struggle for physical superiority at sea (Pert, 2017). Lato sensu, it may be considered as a manifestation of China’s ascending power trajectory and its desire to transition from a position of norm‐taker to one of norm‐shaper , both regionally and globally.…”

Section: Hegemonic Litmus Test: the Principle Of The Freedom Of The Seasmentioning

confidence: 99%

Halting and Reversing Escalation in the South China Sea: A Bargaining Framework

Vuković

Alfieri

2020

Global Policy

View full text Add to dashboard Cite

Escalating tensions in South China Sea have epitomized US-China relations for nearly a decade. Warning signs of a possible collision between a rising China and steadfast US, bring to light the need to think about ways that can halt and reverse the intensification of their confrontational moves. The historical trends regarding the freedom of the seas suggest that a way out of this predicament is possible through negotiations. The tenets of the freedom of the seas seem to prevail once they begin to serve the challenger's interest. Yet, the path toward interest alignment between the challenger and the norm-maker, in this case between China and the US, depends on their ability to avoid any miscalculation that can provoke further escalation of tensions, which in turn may lead to violent confrontation between nuclear powers. A particular historical precedent between the US and Soviet Union demonstrates that a compromised solution can be found in upholding the normative framework based on the Law of the Sea Convention (UNCLOS). Emulating this approach may help the parties to avoid an unnecessary and avoidable military gamble in South China Sea. Policy Implications • As history shows, freedom of the seas will prevail once it serves the challenger's interests. China's spectacular rise will eventually tip cost-benefit considerations in favor of this regime. No regime other than freedom of the seas could yield higher returns for a seafaring power with global interests. China already avails itself of the freedom of navigation principles the US supports. It would not be in China's own interest to subvert a regime that underpins its capacity to project power globally and serves well its growing ambitions.

show abstract

Section: Hegemonic Litmus Test: the Principle Of The Freedom Of The Seasmentioning

confidence: 99%

Halting and Reversing Escalation in the South China Sea: A Bargaining Framework

Vuković

Alfieri

2020

Global Policy

View full text Add to dashboard Cite

show abstract

Reinterpretation or Contestation of International Law in Cyberspace?

Delerue¹

2019

Isr. law rev.

View full text Add to dashboard Cite

Since the end of the Cold War, international law has increasingly been challenged by states and other actors. Specific norms have also been challenged in their application by new realities and obstacles. This article focuses on these challenges as they arise from the development of cyberspace and cyber operations, and offers an overview of the main questions arising with regard to the application of international law to cyber operations. By analysing the application of the existing norms of international law to cyber operations as well as identifying their limits, the article offers an accurate lens through which to study the contestation or process of reinterpretation of some norms of international law. The objective of the article is not to deliver a comprehensive analysis of how the norms of international law apply to cyber operations but to provide an overview of the key points and issues linked to the applicability and application of the norms as well as elements of contextualisation, notably after the failure of the 2016–17 United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. The article comprises three parts. The first part focuses on the applicability of international law to cyber operations. The second part identifies challenges that affect the applicability and application of international law in general, while the third part analyses challenges that affect specific norms of international law, highlighting their limits in dealing with cyber threats.

show abstract