DiscussionJournal Cooperation

Disentangling the cyber security debate

In his insightful LJIL article Kubo Mačák discusses the under-developed state of international cyber security law. He assesses that the absence of cyber security law-making has created a power vacuum that has been filled by non-state actor initiatives, such as the Tallinn Manual. He calls on states that now is the time to reclaim their central role in international lawmaking, in the short-term by articulating their opinio iuris more clearly, …

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Journal Cooperation

Access to information and the fourth wave of rights

The Inter-American and the European Court of Human Rights, the UN Human Rights Committee, the European Union, Germany, India, South Africa, and Brazil all share one common legal feature: They have recognized “access to information” as an individual fundamental right since the turn of the millennium. Since the 1990s, there has been a veritable “global explosion of freedom of information” as new constitutions have enshrined the right to information, legislators …

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ForumJournal Cooperation

The Democracy Obligation According to International Law

A Study of the Dwindling Neutrality of International Law with Respect to Internal Government Structures

This post is a reaction to a review which appeared in the journal Law and Politics in Asia, Africa and Latin America (Verfassung und Recht in Übersee, VRÜ). Representative democracy is the most widespread political system in the world today. At the same time, in a number of countries, democratic institutions and guarantees are subject to erosion with severe consequences for the respective population. This means, for example, that state …

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