Law Of Neutrality Research Articles

Ripudio della guerra e neutralità alla luce dell’articolo 11 Cost.

In constitutional law it is broadly accepted that the prohibition of the use of war is a central principle within the framework of the UN Charter concerning the use of force. One profile that has long remained outside the attention of domestic public law scholars and commentators is that concerning the neutrality regime, a legal concept traditionally addressed only by internationalists. In view of the change in the geopolitical context caused by Russian aggression, which calls for an updated reflection to assess the current trends in the law of neutrality, this contribution highlights the relationship between the principle of repudiation of war enshrined in the Italian Constitution and the constraint of neutrality, which under Art. 11, 1°c. of the Italian Constitution complements the internal legal order as it is part of generally recognised customary law. In addition, the important question is analysed of how the decision to take sides in favour of the aggressed party is concretely qualified.

Danish Digital Design and the Gradual Erosion of Technology Neutral Administrative Law

Purpose: Holding pole position in the digital race, Denmark is an EU member state that not only has inherent incentives for self-scrutiny to avoid digital hybris but also serves as an inspiration for other countries aiming to move into the fast lane of digital designs. In the wake of strong digitization within Danish public administration, a fundamental legal question arises: does digitization change the core content of general administrative law? Against this backdrop, the purpose of this article is to examine the existing Danish doctrine of technology neutral law, which asserts that digitization does not interfere with substantive law and does not negatively affect citizens’ rights.Approach: The article establishes a discussion based on relevant sources of law such as the Danish political agreement on digitally ready legislation, examples of sectoral legislation (parts of Danish tax law), and the practices and recommendations of the influential Danish Parliamentary Ombudsman.Findings: The article’s conceptual finding is that the doctrine of technology neutral law is not fully justified. In 2024, Danish legislation is increasingly designed to be digitally compatible from the very beginning, which is a significant shift. This new legislative concept has been named digitally ready legislation (digital by design), denoting legislation that is ready and “pre-cooked” in its phrasing and concepts to be transformed into subsequent digital solutions. Another finding of the article is that the proactive digital focus of the new regulation (acts and general administrative regulation) may come at a cost, potentially reducing the flexibility and adaptive quality of regulatory templates that are crucial to the rule of law.Practical Implications: The article aims at identifying the practical – and possibly negative – implications inherent in digitally ready legislation. To this end, it explores various rule-of-law and legal certainty scenarios. A key challenge is to strike a fair balance between regulation with an open-ended and discretionary design and close-ended rule-based frameworks relying on objective criteria. While pushing the agenda of digitally ready legislation brings clear benefits for administrative efficiency and promotes equal treatment across sectors, and although Denmark consistently ranks in the top end of the digital class in Europe, the ongoing digital reform also presents certain issues. Arguably, the reform may represent a drawback towards a more simplified legal geometry that does not fully accommodate the diversity of citizens and enterprises subject to Danish law. As the notion of technology neutral administrative law is gradually eroding, this article calls for a more reality-based discussion about the level of citizens’ rights vis-à-vis public authorities. Administrative law itself may need to be re-designed and made more rule-of-law ready. Value: The article offers a reflective, rule-of-law-based commentary on the ongoing strong political push for digitally ready Danish legislation.

Evaluating Zero Rating: A Comparative Analysis of four South American Countries

Zero-rating refers to the practice of mobile network operators in which data consumed in privileged applications is not counted against a subscriber's Internet data allowance. The network neutrality debate has recently focused on the growing popularity of zero-rating in mobile networks. While in South America, some network neutrality laws have zero-rating limitations, these are not absolute and have become very popular among mobile operators and attractive for users. However, some researchers highlight that the practice could violate users’ rights and network neutrality principles, while others argue that it allows users to access the Internet at a lower cost. This article analyzes the zero-rating offerings in Brazil, Colombia, Chile, and Ecuador using a political-economic and developmental approach through contextualization to identify and assess potential effects on access, competition, use, and affordability. The results reveal complex relationships and positive and negative effects, depending on the case, where zero-rating could be partially positive for digital inclusion in Ecuador and Colombia but not for Brazil and Chile.

The Ukrainian–Russian Armed Conflict and the Law of Neutrality: Continuity, Discontinuity, or Irrelevance?

This article examines the role of the law of neutrality, namely the international legal regime defining the status of a State not party to an international armed conflict, in the Russian-Ukrainian armed conflict by analyzing the legal justifications offered by States and scholars with reference to the provision of weapons to the belligerents. The findings reveal that different positions could be identified ranging from an approach that reflects continuity regarding the basic premises characterizing this legal regime, to the emergence of a relevant discontinuity regarding its traditional legal contours or, finally, solutions implying its current legal irrelevance, even if on multiple occasions States have refrained from framing their positions in clear legal terms. The diminishing relevance of the law of neutrality may eventually lead to a legal order where third-party involvement in conflicts becomes more common. At the same time, the ongoing crisis of the United Nations’ collective security system and violations of its basic principles might risk making traditional interpretations of the law of neutrality a legal component of the lawfare portfolio available to States violating the prohibition on using force, thus mandating a reassessment in its interpretation.

Submarine Communication Cables and Belligerent Rights in Armed Conflict

Abstract This article takes up the significant yet understudied issue of belligerent rights regarding submarine communication cables in armed conflict. The article takes up three key questions that have persistently evaded clarity. First, what actually is the law applicable to cables in wartime? Second, how is this law to be applied in practice? And third, is it fit for purpose? The article concludes that, as a matter of lex lata, no lex specialis rules have emerged specific to the protection of submarine cables in armed conflict, either in treaty or customary international law. However, this does not MEAn that belligerents are free to target submarine cables in times of armed conflict. Instead, important international law constraints are to be found in general IHL principles, the law of neutrality, and law of the sea protections that persist in times of armed conflict. Applied to the technical configurations of submarine cables as currently deployed and used, it is far from clear that these rules and principles permit the targeting of submarine cables in wartime.

CYBER CRIME CYBERSTALKING THROUGH THE CYBER LAW FORENSIC SCIENCE AND CRIMINAL INVESTIGATION

As it is well known, the usage of the internet and mobile phones has entirely turned this world into a virtual one. In this virtual setting, Pandemic 2020 offers a fresh viewpoint on human existence. IT now serves as a crucial organ for survival. Not only has information technology expanded the sphere of development, but it has also turned into an axis for global development. People may quickly and easily access a variety of information in the virtual world. However, everything has two sides, just like a coin, and the development of information technology has sped up the growth of cybercrime everywhere. Cyber stalking is the act of following someone using a computer or other device connected to one, which can instil terror in the victim. A relatively modern form of cybercrime is cyber stalking. The study focuses about the meaning, nature, typology and history of cyber stalking.. This thesis compares the law relating to cyber stalking in India with different foreign countries. This thesis also discussed about the reported cases of cyber stalking from 2017-2020 as per the data of NCRB. Reason and effect of cyber staling has also been discussed in this study. Scholar suggests that there is the need of amendment of current laws specifically for the gender neutral laws and law which add the issues of international jurisdiction. Study also suggest that self-awareness is also needed for safeguard ourselves from such crimes. Digital technology is encompassing in all walks of life, all over the world and has brought the real meaning of globalization. At the one end cyber system provides opportunities to communicate and at the other end some individuals or community exploit its power for criminal purposes. Criminals exploit the Internet and other network communications which are international in scope. Situation is alarming; Cybercrime is an upcoming and is talk of the town in every field of the society/system. Theoretically and practically this is a new subject for researchers and is growing exponentially. Lot of work has been done and endless has to be go because the invention or up gradation of new technology leads to the technical crime i.e. the digital or we can say the cybercrime or e-crime. This is because every day a new technique is being developed for doing the cybercrime and many times, we are not having the proper investigating method/model/technique to tackle that newly cybercrime. Cybercrime is a criminal activity in which computers or computer networks are used as a tool, a target, or a place of criminal activity and includes everything from electronic cracking to denial of service attacks. It is also used to include traditional crimes in which computers or networks are used to enable the illicit activity.

Optional but not qualified: Neutrality, the UN Charter and humanitarian objectives

Abstract Neutral States must abstain from supporting a party to a conflict with military equipment and assistance. This core aspect of the law of neutrality has not changed with the adoption of the UN Charter in 1945, or with the brutal Russian aggression against Ukraine. That said, by reviewing the changes to neutrality law over time, this article finds plausible reasons to believe that neutrality has – for better or worse – become optional for the vast majority of States, which can today opt to be non-belligerent States – i.e., States that are neither neutral nor parties to the armed conflict. All States have to cooperate to bring to an end serious violations of international law, including humanitarian law, and this duty of cooperation has abolished “sitting-still neutrality”, but it does not render neutrality law moot. This reading of “optional but not qualified” neutrality maintains the core neutrality idea of abstaining in military matters. In this article, I argue that views of “obsolete” or “qualified” neutrality are not new at all but depart from well-accepted rules of legal interpretation and raise concerns about double standards. Viewing neutrality as optional but unqualifiable offers greater conceptual clarity, is more honest than alternative views, and comes with advantages for humanitarian action.

The Supply of Weapons to a Victim of Aggression: The Law of Neutrality in Light of the Conflict in Ukraine

Abstract The relationship between the customary law of neutrality and the contemporary rules of the jus ad bellum is notoriously unclear, especially when an international armed conflict stems from an act of aggression, but the United Nations (UN) Security Council has not mandated or authorized any measure pursuant to Chapter VII of the UN Charter. The issue has emerged once again during the recent international armed conflict in Ukraine, in which states not participating in the conflict have disregarded, among other things, the customary prohibition to supply weapons to either belligerent by supplying weapons to Ukraine – that is, the state victim of armed aggression – despite the deadlock in the Security Council. These acts of unilateral unneutral support have not been characterized by the supplying states as being pursuant to exceptions to the law of neutrality or by Russia or other states as being violations of it. This raises the question whether the law of neutrality still bears relevance whenever an act of aggression occurs. In the uncertainty as to the legal regime applicable in this case, the Ukrainian conflict offers an important instance of state practice that might help shed light on the applicability of the customary prohibition to supply weapons, as well as of the law of neutrality in general, when the international conflict is initiated by an act of aggression.

The War in Ukraine under International Law: Its Use of Force and Armed Conflict Aspects

Abstract Nearly two years have passed since the Russian aggression against Ukraine started in February 2022. However, there appears to be no prospect for a ceasefire. The long duration of this situation, which fundamentally undermines the prohibition of the use of force and flatly disregards rules on armed conflict, was unexpected. The international order thus faces a critical situation, but a calm and objective analysis is still necessary. Such a perspective is significant as it helps to maintain the rule of law in the international community over the long run, while simultaneously shedding light on possible constraints that other States have in relation to the aggressor State. This article analyzes the legal aspects of the war in Ukraine, focusing on rules concerning the prohibition of the use of force and the law of neutrality.

The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law

The paper discusses the concept of neutrality in contemporary international law. The traditional notion of neutrality, stemmed from states’ practice since the 17th century, means the particular status, defined by international law, of a state that is not party to an armed conflict. The basic premise of this notion is, in short, quite straightforward: on the one hand, the neutral state has the right to remain apart from, and not to be adversely affected by, the conflict. On the other hand, the neutral state is under the obligation of non-participation and impartiality. In the 20th and 21st centuries, however, following several treaties and modifications of states’ practice on that matter, the law of neutrality underwent changes and introduced new concepts, e.g. qualified neutrality or non-belligerency. This change, however, has produced only modifications of specific rules of the law of neutrality, not a general abolition of this whole body of law.

Discussing the basic ecological relations of sand dune vegetation process

Dune is often considered as a degraded ecosystem. Natural vegetation restoration and stable artificial vegetation construction are the basic means restoring dune ecosystem. Based on long-term study of dune ecosystem, by taking into consideration both the philosophical principles of unity of opposites and dynamic change, and related ecological theories, we put forward some ecological relations that should be paid attention to in the study of vegetation assembly from the perspective of the uniqueness of dune ecosystem. We discussed the necessity of coupling relationships of scale-pattern-process and the transformation of synergy-tradeoff relationships, interpreted the importance of distinguishing sand dune stabilized and shifting phases, disturbance and stress, wind erosion and sand burial in the study of vegetation process. We further explored the applied value of niche law or neutral law in the study of dune vegetation process. Finally, we discussed the issues that should be paid attention to in the study of dune vegetation process from the aspects of adaptability to aeolian activities and drought tolerance, physiological and reproductive process, sexual and asexual reproduction of plants. This study would provide theoretical supports for vegetation restoration and stable vegetation construction of dune ecosystem.

Mental Health of Men amidst the Increasing Gender Bias in Laws: A Sociological Study in the Indian Context

In recent years, the mental health of men in India has come under significant strain due to perceived gender biases in the legal system. This research paper explores the growing sentiment among men that they are inadequately protected by laws, leading to feelings of vulnerability and helplessness. A key area of concern is the increasing ease with which women can allegedly make false accusations of harassment and assault, often resulting in monetary compensation. This paper examines the impact of these accusations on men's mental health, highlighting the lack of legal recourse available to them. The introduction of the BNS Clauses has further cemented the notion that the legal framework in India lacks provisions to protect men. Current laws regarding rape and assault fall under the section "Of Offenses against Women and Children - Of Sexual Offenses," raising critical questions about the legal protection available for men who face harassment or assault, or those falsely accused. This research argues that regardless of the gender ratio, laws should be neutral and provide equal protection for all individuals. Through a sociological lens, this paper scrutinizes whether the current gender-biased legal approach effectively addresses the issues it aims to solve, and what implications this has for societal equality. The study concludes with a call for a more balanced legal system that ensures justice and mental well-being for all genders, emphasizing the necessity of neutral laws to prevent further marginalization and psychological distress among men.

Some Legal Aspects of Western Military Aid to Ukraine

The article deals with the some legal aspects of Western military aid to Ukraine. The first part briefly analyzes the Russian Federation's attack on Ukraine from a "just war" perspective. The following part is devoted to individual perspectives of different branches of international law on military aid to Ukraine - the law of neutrality, ius ad bellum, ius in bello, issues of co-belligerency and state responsibility for complicity in internationally illegal actions. The conclusion summarizes the findings and gives an answer to the question why Western aid to Ukraine mostly does not violate the norms of international law.

Evaluating Arms Transfers in the Russia-Ukraine Conflict in the Light of the Arms Trade Treaty, State Responsibility, and the Law of Neutrality

Summary Since the beginning of the Russia-Ukraine conflict, States worldwide have provided support, primarily through various weapon supplies to both parties. This paper analyses whether these arms transfers follow international law from three perspectives. The first perspective looks at treaties governing the trade of prohibited weapons before looking at the general trade of weapons under the Arms Trade Treaty and state obligations under its articles. The second perspective evaluates the derivative liability incurred by any State which makes such arms transfers under Article 16 of the Articles on Responsibility of States for Internationally Wrongful Acts, 2001, and how it is impacted in light of humanitarian law violations by Ukraine. The third perspective accounts for the arms transfers and support provided in the eyes of the law of neutrality.

The Interplay between Neutrality, Qualified Neutrality and Co-belligerency in the Context of U.S. Intervention in the Russia-Ukraine War

Summary The United States of America (U.S.), and the European Union (EU) have supplied weapons to Ukraine in the ongoing Russian-Ukraine armed conflict. The Pentagon has pledged thousands of weapons to Ukraine as part of the security/military aid to worn-torn Ukraine. The supply of such weapons by a neutral/non- belligerent state stands in clear violation of the laws of Neutrality which casts a duty on the neutral states to refrain from participating in the hostilities and be impartial in their conduct towards the belligerents. However, the argument of the U.S. government in previous such instances has been that laws of neutrality have been overshadowed by the United Nations (UN) Charter and modern forms of warfare and the U.S. maintains that they fall under qualified neutrality after the 20th century. However, Qualified Neutrality is not recognised either under treaty conventions or customary international law. Similarly, international laws in terms of co-belligerency are also governed by International Humanitarian Laws (IHL) under the Four Geneva Convention of 1949 which lays down rules where military assistance by a neutral state can result in co-belligerency. However, no existing treaty or international law lays down a clear threshold for crossing from a neutral state to a co-belligerent state which has also led to an ambiguity in terms of checks and balances of the lethal weapons supplied to Ukraine by the U.S. currently. This article attempts to define the threshold in terms of severity, effectiveness, and inertia of the intervention. It further argues that the U.S. has crossed its threshold and therefore the existing laws governing violation of neutrality and affixing of state responsibility are now applicable to the U.S.

Neutrality Law in the Age of Digitalization: An Analysis of the Russia-Ukraine Conflict

This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.

Military Assistance to Ukraine: Enquiring the Need for Any Legal Justification under International Law

Abstract Since the invasion of Ukraine by Russia on 24 February 2022, Western states have provided significant military support to the Ukrainian armed forces, through the supply of arms or intelligence. This article enquires whether those states need any legal justification to make such support lawful under international law and, more particularly, under the law on the use of force, the law of neutrality and the regulation of arms transfers. It concludes that such justification might be required in certain circumstances and that the supporting states’ narrative, namely helping Ukraine to exercise its right of self-defence in response to a blatant armed attack, might act as a valid justification, except with respect to certain regulations on arms transfer.

Strategic Thinking of Global Carbon Neutrality Process and the Routing of China

With the rapid spread of global energy crisis, it is urgent to realize the goal of zero-carbon energy revolution and carbon neutrality. From global perspective, developed countries and developing countries are at different stages of economic and social development. There are differences in progress in carbon neutrality laws and regulations, green technology development, and the large differences in policies and perceptions have led to imbalance and uncertainty in global carbon neutrality actions. On this basis, various parties all contribute to low-carbon and green development, while China faces many practical difficulties in achieving the carbon neutrality goal, which are reflected in higher difficulties than developed countries, improved energy security and transformation risks, insufficient core technology and innovation, and large funding gaps. Therefore, China can build a modern energy system, strengthen modern technology and independent innovation, improve the carbon emissions trading system, accelerate the optimization and upgrading of the whole industrial chain, and cultivate the public’s awareness of low-carbon consumption to help zero-carbon transformation. The role of China in global climate governance is changing, and it will provide Chinese solutions for the sustainable development of other countries and the realization of carbon neutrality goals.

Sentencing data-driven cybercrime. How data crime with cascading effects is tackled by UK courts

This paper contributes to research seeking to understand if and how legislation can effectively counter cybercrimes that compromise personal data. These ‘data crimes’, which are the ‘dark side’ of big data and the data economy enabled by cloud computing, display cascading effects, in that they empower disparate criminals to commit further crimes and victimise a broad range of individuals or data subjects. The paper addresses the under-researched area of sentencing, which, as the last step of the judicial process, plays a crucial role in how the law is interpreted and implemented.This paper investigates courts’ approach to the evolving technological environment of cybercrime captured by data crime and the cascade effect and whether the cascade effect can assist courts in dealing with data-driven cybercrime. The paper examines original data collected from UK courts, namely 17 sentencing remarks relating to cybercrime court cases decided in England & Wales between 2012 and 2019. The analysis shows that courts appreciate the impact of data crime and their cascading effects, but that the complexity of the offences is lost at sentencing, arguably due to the negative impact of systemic factors, such as technology neutral law and the lack of legal authorities.After examining such systemic factors, the paper suggests how the cascade effect could aid sentencing by adding specificity and context to data crime. The paper ends with avenues for further research relating to debates on fair cybercrime sentencing and open justice.

The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation

The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation