Baltic Yearbook of International Law Online最新文献

Gaps and Peculiarities of Russian Legislation in Reference to International Instruments on Indigenous Peoples’ Rights 关于土著人民权利的国际文书方面俄罗斯立法的差距和特点

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_004

S. Bilous

引用次数: 0

Interrogating African Positions on State Sponsored Cyber Operations: A Review of Regional and National Policies and Legal Responses 审问非洲对国家支持的网络行动的立场:对区域和国家政策和法律回应的回顾

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_012

U. Orji

{"title":"Interrogating African Positions on State Sponsored Cyber Operations: A Review of Regional and National Policies and Legal Responses","authors":"U. Orji","doi":"10.1163/22115897_02001_012","DOIUrl":"https://doi.org/10.1163/22115897_02001_012","url":null,"abstract":"There is potential that cyber capabilities can be deployed by States to achieve objectives that endanger international and regional peace and security. As such, there are growing concerns that State sponsored cyber operations can harm the critical infrastructure and information systems of other States. In Africa, regional organizations and States have established legal measures with a view to promoting norms for cybersecurity governance. However, to a large extent the focus on cybersecurity governance in Africa appears to be mainly directed towards curbing cybercrimes. While there is no doubt that existing African cybersecurity governance measures will help to promote cyber stability, it does not appear that such measures explicitly address State sponsored operations in cyberspace. Nevertheless, there are African regional and national legal instruments and declarations that appear to indicate the emergence of African positions on State sponsored cyber operations. However, an inquiry has not been undertaken to identify emerging African positions on international law and State sponsored cyber operations. Accordingly, this chapter seeks to inquire into emerging African positions on State sponsored cyber operations with a view to providing a picture as to how African States consider such operations within the context of international law. In so doing, the chapter will attempt to consider whether the positions of African States are in harmony with States in Northern America and Europe or Russia and China, or whether the positions of African States are not aligned with global cyber powers. The chapter will further consider challenges in identifying African positions on State sponsored cyber operations.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121626663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Chinese Approach to International Law with Regard to Cyberspace Governance and Cyber Operation: From the Perspective of the Five Principles of Peaceful Co-existence 网络空间治理与网络运营的中国国际法观——以和平共处五项原则为视角

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_010

Lixin Zhu, Wei Chen

{"title":"Chinese Approach to International Law with Regard to Cyberspace Governance and Cyber Operation: From the Perspective of the Five Principles of Peaceful Co-existence","authors":"Lixin Zhu, Wei Chen","doi":"10.1163/22115897_02001_010","DOIUrl":"https://doi.org/10.1163/22115897_02001_010","url":null,"abstract":"Since sovereign States under international law are still the dominant force in coping with cyberspace threats and carrying out international governance of cyberspace, the Five Principles of Peaceful Coexistence, initiated by China, have their unique advantages in cyberspace application. In the process of constructing international norms of cyber security and cyber operation, it is necessary to develop their new significance. Firstly, cyberspace sovereignty is the extension of State sovereignty in cyberspace, so cyber sovereignty should be mutually respected. Secondly, each State should promise not to infringe, attack or destroy the cyberspace of another State, while each State bears the responsibility and enjoys the right to protect its cyberspace from threat, interference and destruction. Thirdly, cyberspace should not be utilised to interfere in the internal affairs or destabilise the political, economic and social order of other States, and the diversities of cyberspace policies in different States should be respected. Fourthly, all States should fulfil their duty on international cyberspace governance and enjoy cyber fruits together, thus enabling a democratic and transparent governance mechanism to be established. Lastly, cyberspace should be a peaceful, secure and open space, in which China is dedicated to strengthening cooperation with other countries, maintaining cyber security together, and building a shared future for humankind.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"331 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133464543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Between Israel and Iran: Middle-East Attitudes to the Role of International Law in the Cyber-Sphere 以色列与伊朗之间:中东对国际法在网络领域作用的态度

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_011

Tal Mimran

{"title":"Between Israel and Iran: Middle-East Attitudes to the Role of International Law in the Cyber-Sphere","authors":"Tal Mimran","doi":"10.1163/22115897_02001_011","DOIUrl":"https://doi.org/10.1163/22115897_02001_011","url":null,"abstract":"This Chapter explores the policies outlined by Israel and Iran concerning the application of international law to cyberspace, in a quest to understand if there is some form of a Middle-Eastern approach to the topic. The Chapter demonstrates how Iran and Israel intertwine their security and military interests with their legal perspectives. The Chapter reveals that Israeli policy reflects its self-perception as a technologically advanced State that is part of the dominant camp, composed mostly of Western States. As for Iran, its position is affected from its experience with sanctions, which creates a sense of unfairness, leading Iran to push for promotion of new international law instruments that will regulate this new and constantly developing field, unlike Israel which prefers application of existing international laws to cyberspace.\u0000The Chapter also suggests, more generally, that clearer international law rules could settle questions such as the required standard of proof for attribution, or the procedure through which a State can make a claim of attribution. They could also incentivise States to cooperate in international efforts, encourage them to accept restraint in cross-border cyber operations, and to exercise prudence in their own territory. It can also serve as an important chilling factor. States that have outlined their legal position, such as Israel and Iran, have taken a first step – but this is not enough. As such, declarations by States should be a leverage in this direction rather than a move in a different one.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114335937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cyber Operations in South America 南美洲的网络行动

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_009

Daniel Álvarez-Valenzuela, Francisco Vera-Hott

引用次数: 0

Eurasian Supranationalism: From Academic Discourse to the Eurasian Economic Union 欧亚超国家主义:从学术话语到欧亚经济联盟

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_005

Artur Simonyan

{"title":"Eurasian Supranationalism: From Academic Discourse to the Eurasian Economic Union","authors":"Artur Simonyan","doi":"10.1163/22115897_02001_005","DOIUrl":"https://doi.org/10.1163/22115897_02001_005","url":null,"abstract":"The profound institutionalisation of the European Union through supranationalism ensured universal standing for the Euro-centric interpretation of this concept in comparative legal and political studies. This Chapter, in opposition, validates the regional interpretation of supranationalism in post-Soviet Eurasian space and its variation both in academic discourse and regional legal practices. The Chapter primarily scrutinises the legal-historical deconstruction of the concept of supranationalism in the post-Soviet Eurasian region within three academic communities: Eurasianist, Soviet, and Post-Soviet. The Chapter’s interpretation of the concept of supranationalism is conducted through a re-evaluation of regional attitudes towards the concepts of sovereignty and typology of States and their function in shaping the Eurasian vision of supranationalism. When necessary, the conceptual framework is also widened to subsume the observation of other relevant phenomena, considering the specificity of each academic community conditioned upon time and ideological affiliation. Ultimately, Russian-Eurasian academic discourse on supranationalism is projected over the institutional law of the Eurasian Economic Union to ascertain the interrelation between academic percipience and regional law. Central prominence is shifted towards the institutional decision-making mechanism of the Eurasian Union and the role of the EAEU Court in shaping the concept of supranationalism. The Chapter concludes that regional attitudes have constructed an authoritarian, illiberal type of supranationalism typical of emerging Post-Soviet Eurasian regional international law.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121375798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Estonian Tradition of International Law 爱沙尼亚的国际法传统

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_002

Lauri Mälksoo

引用次数: 0

Understanding and Effects of EU Directives 欧盟指令的理解和影响

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_006

C. Ginter, Piret Schasmin

引用次数: 0

Non-legally Binding Agreements in International Relations: An Estonian Perspective 国际关系中不具法律约束力的协定:爱沙尼亚的观点

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_003

Martin Mändveer

{"title":"Non-legally Binding Agreements in International Relations: An Estonian Perspective","authors":"Martin Mändveer","doi":"10.1163/22115897_02001_003","DOIUrl":"https://doi.org/10.1163/22115897_02001_003","url":null,"abstract":"Legally non-binding international agreements branded as soft law generally receive little respect and are only rarely studied, yet they are becoming ever more common in international relations, stepping on the toes of the international treaty system. Estonia too is concluding memorandums of understanding (MoUs) more and more often and this Chapter gives an overview of its national views and practice. Estonian national legislation sets few limits to legally non-binding agreements, creating a flexible alternative for conducting diplomacy, and MoUs are beneficial especially for establishing contacts and setting out general areas of cooperation. However, procedural complexity seems to be only a small part of the reason why MoUs are often preferred to treaties – more often it is the lack of a legally binding nature itself that is appealing for the participants and such agreements are deemed binding by other means. A lot of effort goes into keeping MoUs clearly legally non-binding, using specific wording and specific terminology to distinguish them from treaties. Yet despite this distinction, MoUs can still affect the international treaty system by way of related interpretation and gradual development of state behaviour and customary international law. MoUs should therefore be drafted with thorough care and quality, in close cooperation with legal experts. A concept so heavily used with considerable effects should be studied and discussed rather than ostracized as simply not being part of the well-known treaty system under international law.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121059034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ASEAN Ambiguity on International Law and Norms for Cyberspace 东盟对网络空间国际法和规范的模糊性

Baltic Yearbook of International Law Online Pub Date : 2022-12-19 DOI: 10.1163/22115897_02001_008

Eugene EG Tan, B. Ang

{"title":"ASEAN Ambiguity on International Law and Norms for Cyberspace","authors":"Eugene EG Tan, B. Ang","doi":"10.1163/22115897_02001_008","DOIUrl":"https://doi.org/10.1163/22115897_02001_008","url":null,"abstract":"This chapter will argue that while the Association of South East Asian Nations (ASEAN) has on occasion stressed the need and its respect for a rules-based international order, and that international law applies in cyberspace, it has not spelt out how it applies to cyberspace. The ASEAN experience is unique and should be considered separately from other regional organisations. Scholars have tried to compare ASEAN and the European Union (EU) in the hope that the processes of understanding international law and conforming to norms are similar. However, unlike the European Union, where integration on rules and law are advanced and States share a common cultural heritage, a common language and face similar economic and security problems, ASEAN is a unique area where the formation of a regional grouping is based largely on mutual benefit and geography. ASEAN is a pragmatic entity that is not dogmatic on the framing of international law when it perceives a deficit of order in the international system, and does not solely subscribe to a singular interpretation of international law or to others’ views on cyberspace governance. ASEAN leaders especially place much importance on the principles of ‘mutual respect’ and ‘non-interference’, and views sovereignty as a sacrosanct principle among ASEAN member States. There is an unwillingness to define what States in the region see as sovereignty, choosing to maintain an ambiguous stance in order to achieve more flexibility in both foreign and domestic policy.","PeriodicalId":261948,"journal":{"name":"Baltic Yearbook of International Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125876031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0