In recent years, states have publicly assigned responsibility for cyber incidents to state adversaries with increasing frequency. While emerging scholarship provides insight into the strategic ...rationale for public cyber attribution, the literature lacks a rigorous understanding of when and under what circumstances states publicly attribute cyber incidents in practice. This paper seeks to address this gap by providing an empirical study of public cyber attribution by the US government from 2010-2020. Based on an original dataset, I find that US government actors publicly attribute cyber incidents through four distinct "channels"-criminal, technical, official policy, and unofficial policy. The purpose, timing, and state subject of attribution appear to vary consistently by channel, while organizational interests and channel-specific factors shape the context in which public attribution takes place. The lack of a unified approach creates challenges for US diplomacy-as adversaries may misperceive attributions as reflecting a whole-of-government agenda-and informs the normative environment of cyber operations in ways potentially unanticipated by individual agencies.
Este artículo de investigación tiene por objetivo demostrar que a partir del artículo 90 de la Constitución se ha producido el fenómeno de la constitucionalización de la responsabilidad estatal y, ...concretamente, la modificación de la jurisprudencia del Consejo de Estado. La metodología aplicada es la inductiva y se parte del análisis histórico para demostrar como el Consejo de Estado introdujo la figura de la constitucionalización en sus decisiones, su argumentación y su aplicación en sus sentencias. A partir de esto, se evidenció que el Consejo de Estado aplica las directrices de la norma fundamental, en cuatro ámbitos principales: 1. El impacto de la constitucionalización en los elementos configuradores de la responsabilidad; 2. La importancia de la introducción del control de convencionalidad; 3. La clasificación de los daños inmateriales y la creación de la de los daños a bienes constitucional o convencionalmente protegidos y 4. La reparación integral del daño.
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Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. ...As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.
International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become ...binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.
In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and ...Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel framework based on 'state responsibility/blame' and dynamic censure to justify the relevance of considering the qualitative conditions of imprisonment at sentencing as well as during the administration of the sentence.This framework is coupled by a typology of unjustified harmful carceral conditions that can be considered relevant evidence.This expanded purview of sentencing will offer greater legitimacy of punishment by strengthening communicative practices of punishment that include dynamic censure,including censuring the state for additional and unjustified state-created harms.
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Since the 2015 refugee “crisis,” much has been made of the distinction between the legal category of refugee and migrant. While migration scholars have accounted for the increased blurring of these ...two categories through explanations of institutional drift and policy layering, we argue that the intentional policies utilized by states and international organizations to minimize legal avenues for refugees to seek protection should also be considered. We identify four practices of policy “conversion” that have also led to the increasingly problematic distinction between migrants and refugees: (1) limiting access to territory through burden-shifting and other practices of extraterritorialization; (2) limiting access to asylum and local integration through procedural and administrative hindrances; (3) the use of group-based criteria as a basis of exclusion; (4) the inclusion of non-Convention criteria within resettlement schemes. Drawing upon a historical institutionalist approach and a wide array of empirical sources—including 3 years of combined primary field research conducted in Egypt, Lebanon, Morocco, Tunisia, and Turkey between 2013 and 2016—we demonstrate that states are actively pursuing a greater degree of control over the selection of refugees, in practice making refugee resettlement closer to another immigration track rather than a unique status that compels state responsibility.
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The obligation of States to provide full reparation for internationally wrongful acts, including by full compensation, is one of the bedrock principles of international law. The article challenges ...this principle for cases where compensation is crippling for the responsible State or its peoples, which can occur when State responsibility is implemented before international courts and tribunals. The International Law Commission’s decision not to qualify full reparation for instances of crippling compensation in its influential Articles on State responsibility was an unpersuasive legal position to adopt in 2001, and its rationale has aged badly. However, the failure by States and other actors to challenge it in the following two decades signified its endorsement by the international legal process. Nevertheless, the case against the permissibility of crippling compensation in modern international law can still be made, both on a case-by-case basis and at the level of customary secondary rules of State responsibility.
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A preservação ambiental é de responsabilidade do Estado, este utiliza-se de recursos públicos para fazê-lo. Controlar e entender como e o que impacta o gasto ambiental é importante para verificar o ...desempenho e a preocupação dos gestores públicos com meio ambiente. Esse estudo tem por objetivo determinar a influência da participação dos consórcios públicos ambientais localizado no sul do Brasil nos gastos ambientais dos municípios, entre 2012 e 2016. O método de pesquisa baseia-se em um modelo multivariado com dados empilhados, pela técnica Pooled OLS. Os resultados apontam que há, nessa região, vinte consórcios, constituídos por 308 municípios. Verificou-se que os consórcios apresentam influência positiva e estatisticamente significante nos gastos ambientais. Assim, o estudo contribui para constatar que as relações interorganizacionais influenciam nos gastos ambientais.
What Stops the Torture? Conrad, Courtenay Ryals; Moore, Will H.
American journal of political science,
04/2010, Volume:
54, Issue:
2
Journal Article
Peer reviewed
States whose agents engage in torture in a given year have a 93% chance of continuing to torture in the following year. What leads governments to stop the use of torture? We focus on the ...principal—agent relationship between the executive and the individuals responsible for supervising and interrogating state prisoners. We argue that some liberal democratic institutions change the probability that leaders support the creation of institutions that discourage jailers and interrogators from engaging in torture, thus increasing the probability of a state terminating its use of torture. These relationships are strongly conditioned by the presence of violent dissent; states rarely terminate the use of torture when they face a threat. Once campaigns of violent dissent stop, however, states with popular suffrage and a free press are considerably more likely to terminate their use of torture. Also given the end of violent dissent, the greater the number of veto points in government, the lower the likelihood that a state terminates its use of torture.
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