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Author : Kobi Leins
Publisher : Cambridge University Press
Page : 297 pages
File Size : 52,6 Mb
Release : 2022-02-03
Category : Law
ISBN : 9781108835244
This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.
Author : Eric Talbot Jensen,Ronald T. P. Alcala
Publisher : Oxford University Press, USA
Page : 409 pages
File Size : 45,6 Mb
Release : 2019
Category : Law
ISBN : 9780190915322
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
Author : Dan Saxon
Publisher : Martinus Nijhoff Publishers
Page : 375 pages
File Size : 44,5 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789004229495
Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
Author : Hitoshi Nasu,Robert McLaughlin
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 40,9 Mb
Release : 2013-12-23
Category : Law
ISBN : 9789067049337
Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
Author : William H. Boothby
Publisher : Cambridge University Press
Page : 527 pages
File Size : 54,5 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781108497534
Explains how existing and proposed law seek to tackle challenges posed by new and emerging technologies in war and peace.
Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 50,5 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Author : William H. Boothby
Publisher : Springer
Page : 464 pages
File Size : 42,8 Mb
Release : 2014-07-08
Category : Law
ISBN : 9789462650022
Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.
Author : James Gow,Ernst Dijxhoorn,Rachel Kerr,Guglielmo Verdirame
Publisher : Routledge
Page : 626 pages
File Size : 52,7 Mb
Release : 2019-05-15
Category : Political Science
ISBN : 9781351619974
This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.
Author : Wolff Heintschel von Heinegg,Robert Frau,Tassilo Singer
Publisher : Springer
Page : 233 pages
File Size : 52,6 Mb
Release : 2017-12-28
Category : Law
ISBN : 9783319672663
This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.
Author : Elena Carpanelli,Nicole Lazzerini
Publisher : Springer
Page : 363 pages
File Size : 46,9 Mb
Release : 2019-05-14
Category : Law
ISBN : 9783030056483
The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.
Author : Natalia Jevglevskaja
Publisher : Unknown
Page : 282 pages
File Size : 43,5 Mb
Release : 2022
Category : Autonomous weapons systems (International law)
ISBN : 1108931073
International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments - Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.
Author : James Kraska,Young-Kil Park
Publisher : Cambridge University Press
Page : 369 pages
File Size : 54,7 Mb
Release : 2022-07-21
Category : Law
ISBN : 9781009050746
Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.
Author : Kobi Leins
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2022
Category : Military weapons
ISBN : 1108799841
"The most commonly asked question is how I came to work at the intersection of the law of war and technology. The answer, like those that many would give for their careers, are a combination of serendipity and passion. I worked on the risk of minimising biological and chemical advances. As research in nanomaterials advanced, I kept reading that there were risks, but found no literature identifying where and how nanomaterials could play a part in warfare. This book aims to start a conversation in where that gap was"--
Author : William H. Boothby
Publisher : Oxford University Press
Page : 450 pages
File Size : 55,5 Mb
Release : 2016-03-10
Category : Law
ISBN : 9780191044168
Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.
Author : Isabel V. Hull
Publisher : Cornell University Press
Page : 462 pages
File Size : 50,8 Mb
Release : 2014-04-16
Category : History
ISBN : 9780801470646
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.