Preface

Tsagourias, Nicholas; White, Nigel D.

doi:10.1017/cbo9781139058506.001

Cited by 11 publications

(10 citation statements)

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“…In conclusion, the status of the doctrine of 'unwilling or unable' under international law is not clear, and its content is vague. 187 Still, we cannot ignore the fact that the United States, 188 the United Kingdom, 189 Australia, 190 Canada 191 and Turkey 192 invoked it in order to deploy military force in Syria. Accordingly, I will focus now on the main question that one must answer when invoking this doctrine.…”

Section: The Doctrine Of 'Unwilling or Unable' In International Lawmentioning

confidence: 99%

From Apology to Functionalism: A Retrospective Look at the Military Campaign against the Self-Declared Islamic State

Mimran

2020

Isr. law rev.

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This article discusses the military campaign against the ‘Islamic State’ (Daesh) in an attempt to illustrate the gaps in the international legal framework that regulates the use of force in dealing with a challenge such as that presented by the Islamic State. This case study was demanding given the need to reconcile state-centred rules with a diverse reality which includes several players, and particularly non-state armed groups in control of territory and population. In order to deal with this issue, the article proposes the invocation of a functional approach, compared with a binary approach, which is suitable in cases where several players exercise power in the same territory. In particular, it suggests that the Islamic State could have been treated functionally as a state for the purposes of self-defence or collective security measures, rather than invoking legal doctrines of unclear status that might result in undermining the international legal system they are invoked to protect.

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Section: The Doctrine Of 'Unwilling or Unable' In International Lawmentioning

confidence: 99%

From Apology to Functionalism: A Retrospective Look at the Military Campaign against the Self-Declared Islamic State

Mimran

2020

Isr. law rev.

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“…93 Because the will of the target state is not subordinated, information operations do not amount to a violation of the principle of non-intervention. 94…”

Section: Information Operations As Prohibited Interventionmentioning

confidence: 99%

Information Operations and the Question of Illegitimate Interference under International Law

Lahmann

2020

Isr. law rev.

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The article examines the legal qualification of state-led information operations that aim to undermine democratic decision-making processes in other states. After a survey of the legal attitudes of states towards such operations during the Cold War, the impact of the digital transformation on the frequency and quality of information operations is explained. The article assesses scholarly responses to the outlined paradigm shift regarding the prohibition of intervention, respect for sovereignty, and the principle of self-determination. The study then inquires whether it is possible to detect a change in how states qualify adversarial information operations by tracking recent state practice and official statements of opinio juris. The survey concludes that there is insufficient uniformity to allow for an inference that the content of the analysed rules of customary international law has already shifted towards more restrictive treatment of foreign interference. As a possible way forward, the article ends with a proposal to focus on deceptive and manipulative conduct of information operations as the most viable path to outlaw such state behaviour in the future. Instead of attempting to regulate the content of information, this approach is better suited to safeguard freedom of speech and other potentially affected civil rights.

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“…It moved the source of its validation from international law to its own legal order and transformed the Treaties into the basic norm upon which the EU's constitutional edifice is built. 54 From the perspective of the European Union and its Court of Justice, the question whether the Union has originary or derivative international legal personality has, therefore, become superfluous 55 -the crucial point is that by 'elevating' the Union to a legal order which is autonomous from the rest of international law, the CJEU has helped the EU legal 'child' to outgrow its international legal matrix. It is accordingly unquestionable that, as the distance from traditional international law augmented, the EU legal order became more 'domestic' or 'internal' in nature as a result.…”

Section: Legal Autonomization From International Lawmentioning

confidence: 99%

Introduction: Beyond Monism, Dualism, Pluralism

Moreno-Lax¹,

Gragl²

2016

Yearbook of European Law

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This Special Issue is the result of a year-long collective reflection on the relationship between the EU legal order and international law. Discussions took place within the 2014-15 Annual Seminar Series 'Beyond Pluralism? Co-Implication, Embeddedness and Interdependency between Public International Law and EU Law' of the Centre for Law and Society in a Global Context of Queen Mary, University of London, convened by the co-editors of this volume.

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Preface

Cited by 11 publications

References 0 publications

From Apology to Functionalism: A Retrospective Look at the Military Campaign against the Self-Declared Islamic State

From Apology to Functionalism: A Retrospective Look at the Military Campaign against the Self-Declared Islamic State

Information Operations and the Question of Illegitimate Interference under International Law

Introduction: Beyond Monism, Dualism, Pluralism

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