Like borders, refugee protection settings beyond the EU often serve as testing grounds for technologies. This article takes a socio-legal perspective to show how humanitarian experimentation in... Show moreLike borders, refugee protection settings beyond the EU often serve as testing grounds for technologies. This article takes a socio-legal perspective to show how humanitarian experimentation in these contexts is made possible through different, interacting challenges to sovereignty. It argues that the understanding that actors or their positions are “exceptional” allows for and justifies data practices that would otherwise not be legally permissible. Examples of data practices in refugee protection settings are connected to work in geopolitics, science and technology studies, and sociology of law.The article shows how the position of the United Nations High Commissioner for Refugees (UNHCR) as negotiator on behalf of refugees and an emergency-driven techno-solutionism not only interacts with the already precarious legal context most people seeking refuge find themselves in. It coincides with the legal positioning of International Organisations and with citizenship-oriented conceptions of privacy, further constituting people seeking refuge as (digital) rights optional. This is problematic not least because of concerns about adequate data protection or the implications of bias. Data flows and algorithms are generative of the politics of contemporary societies, implying that the structural undermining of digital rights of people seeking refuge in the present can also hinder their access to rights in the future. Show less
Contesting the nature of right to resist continues to be of concern to those in power, for it poses the fundamental question about their legitimacy. From to Antigone to the Occupy Wall Street... Show moreContesting the nature of right to resist continues to be of concern to those in power, for it poses the fundamental question about their legitimacy. From to Antigone to the Occupy Wall Street movement, individuals and communities have expressed their grievances and resisted oppression through a myriad of strategies. And although those taking the streets use the language of rights and appeal to a higher law to vindicate their claims, resistance has usually been considered a political, or rather, a security affair. The thesis vindicates the place of the ius resistendi in the normative order and uses legal probe to evince that there are no reasons why it could not be considered a legal right, except for political opportunity. The thesis challenges some basic postulates of liberal legal theories and develops a broader conception of rights, one in which reserved rights are part of a democratic normative system that performs in a manner consistent with its fundamental values. A primary, indeterminate right, the ius resistendi, I contend, embodies the Arendtian right to have rights. Show less
The study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal... Show moreThe study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal requirements, for establishing prohibited airspace?2) Who has jurisdiction to establish prohibited airspace?3) How can the status quo be changed with respect to prohibited airspace to enhance aviation security?The establishment of prohibited airspace concerns on the one hand, the principle of air sovereignty, agreed by governments as recognized in Article 1 Chicago Convention, and on the other hand, the object of agreeing on this principle to “develop international civil aviation in a safe and orderly manner”.Threads running through the chapters are the themes of sovereignty, jurisdiction, and territory. Show less
Shortly after William of Orange arrived in Devon at the outset of the Glorious Revolution in 1688, Dutch troops stationed in Dartmouth seized the Amitié, a ship laden with marble purchased for the... Show moreShortly after William of Orange arrived in Devon at the outset of the Glorious Revolution in 1688, Dutch troops stationed in Dartmouth seized the Amitié, a ship laden with marble purchased for the French court at Versailles. This seizure precipitated an extraordinary insurance dispute in Paris between two little-known royal companies: the Royal Insurance Company and the Royal Marble Company. This article analyses the fractious dispute and the companies at its heart. In so doing, it reflects on the dispute as a product of the French state’s broader exploitation of companies as tools of risk management: the state leveraged private capital in order to spread the risks of its virulently anti-Dutch commercial policy. Yet the dispute also exposed the ambiguities of war and peace in seventeenth-century thought and practice. In justifying their refusal to pay out on the insurance policy they had signed on the Amitié, the Royal Insurance Company’s directors suggested that an insurer could decide unilaterally that France was in a state of war, thereby triggering a contractual clause that would shift the onus back onto the policyholder. Although Louis XIV himself stepped in to defuse the dispute at its most contentious moment, the state proved unable to respond to the challenge posed to its sovereignty, with significant consequences for the French insurance industry and maritime commerce up to the end of the Old Regime. Show less
The increasing use of digital technologies in cyberspace in the context of international conflicts has put pressure on the existing legal framework of international law. After progress in terms of... Show moreThe increasing use of digital technologies in cyberspace in the context of international conflicts has put pressure on the existing legal framework of international law. After progress in terms of norm development and clarification could be achieved through multilateral processes at the United Nations, Russia’s invasion of Ukraine cast doubt on the possibility of further breakthroughs. In light of this development, unilateral declarations of legal positions by states will gain further relevance. Show less
full book landing page (including bibliography): https://www.pulp.up.ac.za/component/edocman/sixty-years-after-independence-africa-and-international-law-views-from-a-generation-soixante-ans-apres... Show morefull book landing page (including bibliography): https://www.pulp.up.ac.za/component/edocman/sixty-years-after-independence-africa-and-international-law-views-from-a-generation-soixante-ans-apres-les-independances-l-afrique-et-le-droit-international-regards-d-une-generation Show less
This article explores how competing actors established, spread, and challenged visual representations of the Chinese nation during the COVID-19 pandemic. It asks: how do official gatekeepers of... Show moreThis article explores how competing actors established, spread, and challenged visual representations of the Chinese nation during the COVID-19 pandemic. It asks: how do official gatekeepers of meaning in China imbue their visual construction of a crisis-hit nation with pathos?; and what happens when their critics utilize the resulting repertoire of visual cues for their own ends? To answer these questions, the article first examines the visual libraries of nationalism and national crisis from which Chinese propaganda drew during the COVID-19 outbreak. It then analyses the struggles that ensued over such representations, specifically the use of national flags and the sentiments they elicit. The analysis traces representations of the flag of the People’s Republic of China (PRC) from an initial satirical portrayal in a Danish broadsheet to the angry Chinese backlashes that followed on social media, and it shows how the tensions over such portrayals became part of a meme war over the sovereignty of Hong Kong. The analysis shows how representations of the nation can become a matter of existential anxieties during a time of crisis, especially in highly networked communication environments where authoritative official actors and their supporters are no longer in control of the symbols they established as part of their ‘emotional governance’. Show less
Private sector Active Cyber Defence (ACD) lies on the intersection of domestic security and international security and is a recurring subject, often under the more provocative flag of ‘hack back’,... Show morePrivate sector Active Cyber Defence (ACD) lies on the intersection of domestic security and international security and is a recurring subject, often under the more provocative flag of ‘hack back’, in the American debate about cyber security. This article looks at the theory and practice of private cyber security provision and analyses in more detail a number of recent reports and publications on ACD by Washington DC based commissions and think tanks. Many of these propose legalizing forms of active cyber defence, in which private cyber security companies would be allowed to operate beyond their own, or their clients’ networks, and push beyond American law as it currently stands. Generally, public-private governance solutions for security problems have to manage a balance between (i) questions of capacity and assigning responsibilities, (ii) the political legitimacy of public–private security solutions and (iii) the mitigation of their external effects. The case of private active cyber defence reveals a strong emphasis on addressing the domestic security (and political) problem, while failing to convincingly address the international security problems. The proposals aim to create a legitimate market for active cyber defence, anchored to the state through regulation and certification as a way to balance capacity, responsibilities and domestic political legitimacy. A major problem is that even though these reports anticipate international repercussions and political pushback, against what is likely be received internationally as an escalatory and provocative policy, they offer little to mitigate it. Show less
The norm to protect the public core of the internet, originally advocated by the Netherlands Scientific Council for Government Policy, can be operationalised in two ways. Both a layered approach... Show moreThe norm to protect the public core of the internet, originally advocated by the Netherlands Scientific Council for Government Policy, can be operationalised in two ways. Both a layered approach and a functional approach to defining the public core of the internet provide productive ways to discuss safeguarding the functionality and integrity of the core logical and physical infrastructure of the internet from unwarranted state interventions. The article further discusses the tensions between the concept of ‘the public core of the internet’ and those of state sovereignty and national security. It describes two tiers of objection to the protection of the core internet infrastructure and suggests ways to mitigate them. It concludes that even though there are no easy answers to national security in the cyber age, in the long run, reducing ambiguity in cyberspace will benefit all states. Lifting the public core of the internet out of that ambiguity would be a good starting point. Show less
This thesis explores a conception of the EU as a modified confederal system of sovereign member peoples and their states. A confederal conception which demonstrates how, contrary to popular belief... Show moreThis thesis explores a conception of the EU as a modified confederal system of sovereign member peoples and their states. A confederal conception which demonstrates how, contrary to popular belief, European integration does not conflict with sovereignty or democracy. For, properly conceived and constituted, the EU reasserts the sovereignty of the member peoples, and liberates national democracy from the confines of the state.To this end, this thesis reconnects the EU to two classic constructs of constitutional theory: confederalism and sovereignty. Two powerful but unfashionable constructs whose joint potential for European integration remains largely unexplored and undervalued. The primary instrument to explore this potential is comparative. The EU is contrasted with the rather unknown but rich example of the American Articles of Confederation, and their evolution into the now famous American federate system. A comparison with the confederal roots of the United States which is revealing for both confederalism and sovereignty, and illustrates the potential of linking both for a constructive constitutional theory of the EU. A theory which does not have to overcome history and the statal system it has created, but connects with it. A theory, therefore, that may help to recapture the EU and the increasing authority it wields, both in theory and in practise. The thesis is subdivided in three parts. Part I addresses confederalism. It demonstrates how the constitutional system of the EU combines a confederal foundation with a federate superstructure, and explores the particular strengths, weaknesses and limits of this modified confederal system. Part II discusses sovereignty. It first demonstrates how the EU forms a logical confederal evolution of popular sovereignty, and how European integration does not conflict with sovereignty. Subsequently, it shows how the concept of confederal sovereignty equally helps to dispel the presumed conflict between statism and pluralism, how it respects and conciliates national and EU claims to supremacy, and how it allows a confederal evolution of national democracy, which updates democracy to the global reality it is to control. Part III applies the findings of Part I and II to the EMU crisis and the challenge of establishing an effective democratic foundation for the EU at the national level. An application which demonstrates the concrete and attractive contributions a confederal approach can make to addressing some of the core challenges facing the EU. Show less
The thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have... Show moreThe thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have many ways to express their land claims since Japanese time. There are individual claims on lands like reservation land that suggests individualism among indigenous communities. There are collective claims on autonomy, co-management of river resources and development projects. Various mapping activities are analyzed to show how indigenous connect them with the lands. The thesis constructs a framework to express land property claims that are based on indigenous ideas on human unit, institution, rights and land resources. Show less
Why did a conflict between a majority of settlers (Konkomba), claiming equal citizenship, and a minority of autochtons (Nanumba) produce both Ghana's largest incidents of ethnic cleansing and a... Show moreWhy did a conflict between a majority of settlers (Konkomba), claiming equal citizenship, and a minority of autochtons (Nanumba) produce both Ghana's largest incidents of ethnic cleansing and a subsequent ominous calm? Analysing the post-1996 peace accord Konkomba/Nanumba coexistence against their violent past and in Ghana's political context as one of Africa's promising nations, this ethnography shows that the conflict has two forms. One is sovereign violence and another is a persistent silence in relation to legalistic speeches. Breaking out of these forms may not so much require a reconciliation, as peace brokers proposed, but a political compromise. Martijn Wienia studied Cultural Anthropology, Development Sociology and African Studies at Leiden University. Currently, he works as policy officer with the WOTRO Science for Global Development division of the Netherlands Organisation for Scientific Research (NWO) in The Hague. Show less
This theoretical study considers the interplay between the rights and responsibilities of (postcolonial) states in forming the underpinnings of public international law. It considers the ways... Show moreThis theoretical study considers the interplay between the rights and responsibilities of (postcolonial) states in forming the underpinnings of public international law. It considers the ways states administer their territory, in some cases after having inherited colonially defined boundaries. It then contrasts this with the general sense in international law that basic human rights standards, including the concept of ‘self-determination’, are to be upheld by states themselves. The thesis observes that international law has become developed to the extent that the concept of self-determination may, in some circumstances, be equated with that of self-defence, and in some circumstances, a 'people' can be formed as a direct response to specific, predatory actions of a state. The thesis concludes by observing that the ability of a state to administer itself in conformity with international human rights law is of equivalent importance to that of its legitimate claims of title to territory, and that territorial modifications may be legitimate legal possibilities in the face of, for example, massive human rights violations. Show less
This work covers the evolution of satellite based Aeronautical Public Correspondence and the operational environment in which services are being offered. Followed by an examination of applicable... Show moreThis work covers the evolution of satellite based Aeronautical Public Correspondence and the operational environment in which services are being offered. Followed by an examination of applicable rules, including the relevant institutions from which they emanate, attention is devoted to questions on liability and the effect of State Sovereignty, applicable in territorial airspace, the Arctic, Antarctica, and the High Seas as well as, to activities such as telecommunications, air transport, copyright protection and trade in services. Particular attention is given to the ITU Radio Regulations; ITU Sector Recommendations; ICAO Council Regulations; International Copyright Laws; National Operational Procedures and Statutes. Show less
