Volume 35 - Issue 3 Fordham International Law Journal

Evolving Battlefields: Does Stuxnet Demonstrate a Need for Modifications to the Law of Armed Conflict?

Abstract: In 2010, a tech-security firm in the Republic of Belarus first detected the piece of computer malware now known as “Stuxnet.” Computer experts first knew Stuxnet as a hack of the Windows operating system, itself a substantial feat. Subsequent analysis of Stuxnet’s code, however, revealed something of far greater significance: Western governments, most probably Israel and [...]

Read More

Sovereignty and Neutrality in Cyber Conflict

This Article was published as part of the Fordham International Law Journal co-sponsored symposium entitled: Cyber Attacks: International Cybersecurity in the 21st Century   Abstract: Longstanding notions of sovereignty fall apart when it comes to cyber operations. Lieutenant General Robert Schmidle, Deputy Commander of US Cyber Command   As stated in the quote that begins [...]

Read More

Addressing Economic Violence in Times of Transition: Toward a Positive-Peace Paradigm for Transitional Justice

Abstract: An increasing consensus has arisen at the level of practice, policy, and theory that the various mechanisms of transitional justice should be mobilized as part of a response to violent conflict and must serve as a pillar of postconflict peacebuilding. More than ever, the question is not whether there will be some kind of transitional [...]

Read More

When Corruption is an Emergency: “Good Governance” Coups and Bangladesh

Abstract: In January 2007, President Iajuddin Ahmed declared a state of emergency in Bangladeshamidst violent street protests over feared vote-rigging in the run-up to planned elections. A military-backed interim government ruled Bangladesh for most of the next two years on a platform aimed at cleaning up the country’s democratic institutions through an ambitious anticorruption program. The [...]

Read More

Rethinking the Regulation of Private Military and Security Companies Under International Humanitarian Law

Abstract: The United States and other governments increasingly have turned to hiring private military and private security companies (jointly “PMSCs”) in situations of armed conflict. In light of the sudden prominence of PMSCs, as well as notorious instances of misconduct, there has been recent critical attention devoted to the role of international humanitarian law (“IHL”) in regulating [...]

Read More

International Law in the Gestational Surrogacy Debate

Abstract: Over the past few decades, debates have raged worldwide about the extent to which the human body and its component parts should be bought, sold, rented, or donated. Gestational surrogacy in particular has become more popular in recent years and, in an increasing number of cases, individuals wishing to obtain the services of a surrogate are [...]

Read More

Combating Climate Change Through Investment Arbitration

Abstract: Private capital and technology play a central role in the transition to a low-carbon economy. In the absence of an international carbon price, the regulatory initiatives currently used to stimulate the participation of private investors in this transition are primarily directed at influencing the incomes of investments. At the national level, states create support schemes [...]

Read More