Posts Tagged ‘Law’

A Maritime Model for Cyberspace Governance

September 15, 2011

Cyberspace is a unique realm where traditional concepts of law, governance, and international relations are difficult to define and more difficult to put into practice.  Meanwhile, cyber threats and cyber crime are on the rise and governments are scrambling to find legal ways to detect, apprehend, and prosecute perpetrators.  How can governments agree on acceptable legal norms?  What is the incentive to cooperate in apprehending cyber criminals? How can states form multilateral legal institutions and practices that address this challenges of cyberspace?

Mark Frazzetto’s article, A Maritime Model for Cyberspace Legal Governance, offers one view on this issue.  He argues that cyberspace be defined as an international common area and that legal arguments for governing such a space could gain insight from traditional laws of the sea.

A Maritime Model for Cyberspace Legal Governance

By Mark Frazzetto

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Asymmetrical Warfare and International Law in the 21st Century

January 19, 2011

With the rise of non-state actors on the battlefield, conventional militaries are struggling to engage with new asymmetric threats. The current laws of warfare, based on traditional international law, are difficult to apply to non-state actors. As states wrestle with these challenges, the relevance and effectiveness of traditional international law are called into question. The international community should review the rules of warfare to adequately address the complex issues that arise from asymmetrical warfare, some of which include:

  • Is current international law adequate to address the complex issues and threats of today’s asymmetrical warfare?
  • How can new laws be formulated to achieve a balance between law and strategic objectives?
  • How can states and non-state actors be compelled to adhere to international laws of warfare?
  • What would be the markers of success to ensure the effectiveness of international law? (more…)