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 is the Zukerman Cybersecurity Predoctoral Fellow, Center for International Security and Cooperation, Stanford University; PhD Candidate School of Information Studies, Syracuse University.
J.D. Candidate, 2017, The University of Chicago Law School. I would like to thank Professor Flores and the editors of the Chicago Journal of International Law for their assistance and helpful suggestions.
J.D. Candidate, 2017, The University of Chicago Law School.
I would like to thank the CJIL Board for its wise feedback and scrupulous edits, and Professor Tom Ginsburg for his helpful advice. All errors in this piece are entirely my own. I also want to thank Professor Paul T. Crane for his generosity and guidance, and Professor Elizabeth Duquette for helping me improve my writing. And, most importantly, Setareh O'Brien, for her unwavering friendship and support.
I would like to thank my comments advisor, Bette Muirhead, my editors, Kevin Oliver and Katie Bass, my faculty advisor, Lior Strahilevitz, and the rest of the CJIL staff. Special thanks to my family (dogs included) for their support.
Professor Yamin is a Lecturer on Law and Global Health, Director JD MPH Program, and Policy Director, FXB Center for Health and Human Rights, Harvard University; and 2015–16 Marsha Lilien Gladstein Visiting Professor of Human Rights, University of Connecticut. Professor Yamin currently serves as: a Commissioner on the Lancet-O’Neill Institute Commission on Global Health and the Law; the UN High-Level Commission on Health Employment and Economic Growth’s Expert Group and the Independent Accountability Panel for the UN Secretary’s General’s Global Strategy for Women’s, Children’s, and Adolescents’ Health. Previously, she served on the WHO Task Forces on 'Making Fair Choices Toward UHC,' and ‘Evidence of Impacts of Human Rights-Based Approaches to Women's and Children's Health,’ as well as the Oversight Committee of Kenya’s Constitutional Implementation Commission’s work on the right to health, and as an Independent Expert to the Colombian Constitutional Court on the Implementation of its 2008 T-760/08 decision restructuring the health system. She regularly leads judicial colloquia and strategic litigation courses for practitioners, advises on specific cases, submits amicus curiae petitions and participates in expert consultations relating to the application of international and constitutional law to health issues. Professor Duger is an adjunct lecturer on international human rights law at Northeastern University School of Law and on a human rights-based approach to development in the Sustainable International Development Program at Brandeis University. She is a former Research Associate at the FXB Center for Health and Human Rights at Harvard University.
II. Preliminary Questions: Defining the Countours of the Justiciable Right
The author would like to thank Benjamin B. Ferencz for his comments and feedback in writing this article. His inspiring and unwavering sense of justice toward ending aggressive war is second to none. The author would also like to thank Professors Carolyn Patty Blum, Gabor Rona, Deborah Pearlstein, Eda Katherine Tinto, Binny Miller, and Warren Binford, as well as Federica D’Alessandra and the NYU Writer’s Workshop participants for their invaluable comments on earlier drafts. Additionally, the author thanks the CJIL student editors for their thoughtful and excellent editing.
The author would like to thank the CJIL board and staff for their helpful edits and suggestions, Professor Douglas Baird, for his enthusiastic feedback, Meredith Quarello for her patience and support, and Andrew Mackie-Mason, for his feedback and comments