Public International Law

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Article
CJIL Online 2.2
Technologically Enabled Surrender Under the Law of Armed Conflict
David A. Wallace
Brigadier General (ret.) David A. Wallace previously served as the Professor and Head, Department of Law, United States Military Academy, West Point, New York, and has been designated a Professor Emeritus. He is currently the United States Naval Academy Class of 1971 Distinguished Military Professor of Law & Leadership.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Shane R. Reeves
Brigadier General Shane R. Reeves is the 15th Dean of the Academic Board of the United States Military Academy, West Point.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Christopher J. Hart
Lieutenant Commander Christopher J. Hart is a submarine officer stationed at the United States Naval Academy as a senior instructor in the Leadership, Ethics, and Law Department.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

This Article discusses the development of the modern legal consequences of surrender under the law of armed conflict and explores how technologically enabled surrender is being used in Ukraine. It concludes with an analysis of the impact of these technologies on the surrender process and presents an adaptive interpretation of existing norms, leading to three overarching themes.

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Comment
18.1
Rethinking Espionage in the Modern Era
Darien Pun
J. D. Candidate, 2018, The University of Chicago Law School.

I would like to thank Professor Abebe for his patience and guidance throughout the writing process, and the editors of the Chicago Journal of International Law for their thoughtful suggestions.

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Comment
18.1
International Law Adrift: Forum Shopping, Forum Rejection, and the Future of Maritime Dispute Resolution
Douglas W. Gates
J.D. Candidate, 2018, The University of Chicago Law School; Lieutenant Commander, U.S. Navy Reserve.

I would like to thank Professor Tom Ginsburg, Shiva Jayaraman, Joshua Eastby, Hannah Loo, Julia Kerr, Zeshawn Qadir, Scott Henney, Wallace Feng, Isabella Nascimento, and Caroline Wood for their helpful comments, as well as Joseph Carilli and Sarah Stancati for keeping the watch. The views expressed herein are my own and do not necessarily represent the views of the U.S. Government.

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Essay
18.1
Experimentally Testing the Effectiveness of Human Rights Treaties
Adam S. Chilton
Assistant Professor of Law, University of Chicago Law School. Email: adamchilton@uchicago.edu.

This paper was prepared for the “International Law as Behavior” Conference organized by the American Society of International Law and the University of Georgia School of Law. I would like to thank participants in that conference and Katherina Linos for helpful comments. I would also like to thank Vera Shikhelman and Katie Bass for research assistance, and the Baker Scholars Fund at the University of Chicago Law School for financial support.

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Article
18.1
The Legalization of Truth in International Fact-Finding
Shiri Krebs
Law and International Security Fellow, Stanford Law School and Stanford Center on International Security and Cooperation (CISAC), Stanford University; Senior Lecturer (Assistant Professor) and Director, Graduate Studies in Law and International Relations, Deakin Law School

The author wishes to thank Jenny Martinez, Robert MacCoun, Mariano-Florentino Cuellar, Mike Tomz, Lee Ross, Dan Ho, Beth Van-Schaack, Gabriella Blum, Beth Simmons, Paul Sniderman, Allen Winer, Charles Perrow, Karl Eikenberry, Bernadette Meyler, David Sloss, and Alison Renteln for their thoughtful comments, suggestions, and advice. The article benefitted greatly from the thoughtful editing of Katharine Wies and the editorial team of the Chicago Journal of International Law. I am also grateful for the comments I received from the participants of the 2016 Empirical Legal Studies Conference, Duke University; 2016 American Society of International Law (ASIL) Annual Meeting ‘New Voices’ panel, Washington, DC; the 2016 Harvard Experimental Political Science Conference, Harvard University; and the 2014 Northern California International Law Scholars Workshop, U.C. Hastings. This research project was made possible thanks to the generous financial support of the Christiana Shi Stanford Interdisciplinary Award in International Studies (SIGF), the Stanford Laboratory for the Study of American Values (SLAV), the CISAC Zuckerman research grant, and the Freeman Spogli Institute Research Grant.

Write it down. Write it. With ordinary ink

on ordinary paper; they weren’t given food,

they all died of hunger. All. How many?

It’s a large meadow. How much grass per head?

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Article
17.1
Unpacking the International Law on Cybersecurity Due Diligence: Lessons from the Public and Private Sectors
Scott J. Shackelford, J.D
Shackelford is the Assistant Professor of Business Law and Ethics, Indiana University; Senior Fellow, Center for Applied Cybersecurity Research; W. Glenn Campbell and Rita Ricardo-Campbell National Fellow, Stanford University Hoover Institution.

An earlier form of this article was published as Defining Cybersecurity Due Diligence Under International Law: Lessons from the Private Sector, in Ethics and Policies for Cyber Warfare __ (Maria Rosaria Taddeo ed., 2016). We would like to thank Springer Nature for allowing the republication and expansion of this chapter as an article for the present volume.

Scott Russell, J.D.
Scott Russell is a Post-Graduate Fellow, Center for Applied Cybersecurity Research, Indiana University.
Andreas Kuehn
Andreas Kuehn is the Zukerman Cybersecurity Predoctoral Fellow, Center for International Security and Cooperation, Stanford University; PhD Candidate School of Information Studies, Syracuse University.
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Article
16.2
Saving the Serengeti: Africa’s New International Judicial Environmentalism
James Thuo Gathii
Wing-Tat Lee Chair of International Law, Loyola University Chicago School of Law.

I would like to thank Emily Hayes and Katie Cierzan for their invaluable research assistance. This paper is based on ideas developed in my Lecture at my induction as the Wing-Tat Lee Chair of International at Loyola University Chicago School of Law, on 3rd of March 2013.

I. Introduction