TY - JOUR A1 - Rockström, Johan A1 - Kotzé, Louis A1 - Milutinović, Svetlana A1 - Biermann, Frank A1 - Brovkin, Victor A1 - Donges, Jonathan A1 - Ebbesson, Jonas A1 - French, Duncan A1 - Gupta, Joyeeta A1 - Kim, Rakhyun A1 - Lenton, Timothy A1 - Lenzi, Dominic A1 - Nakicenovic, Nebojsa A1 - Neumann, Barbara A1 - Schuppert, Fabian A1 - Winkelmann, Ricarda A1 - Bosselmann, Klaus A1 - Folke, Carl A1 - Lucht, Wolfgang A1 - Schlosberg, David A1 - Richardson, Katherine A1 - Steffen, Will T1 - The planetary commons BT - a new paradigm for safeguarding earth-regulating systems in the Anthropocene JF - Proceedings of the National Academy of Sciences of the United States of America N2 - The Anthropocene signifies the start of a no- analogue tra­jectory of the Earth system that is fundamentally different from the Holocene. This new trajectory is characterized by rising risks of triggering irreversible and unmanageable shifts in Earth system functioning. We urgently need a new global approach to safeguard critical Earth system regulating functions more effectively and comprehensively. The global commons framework is the closest example of an existing approach with the aim of governing biophysical systems on Earth upon which the world collectively depends. Derived during stable Holocene conditions, the global commons framework must now evolve in the light of new Anthropocene dynamics. This requires a fundamental shift from a focus only on governing shared resources beyond national jurisdiction, to one that secures critical functions of the Earth system irrespective of national boundaries. We propose a new framework—the planetary commons—which differs from the global commons frame­work by including not only globally shared geographic regions but also critical biophysical systems that regulate the resilience and state, and therefore livability, on Earth. The new planetary commons should articulate and create comprehensive stewardship obligations through Earth system governance aimed at restoring and strengthening planetary resilience and justice. KW - anthropocene KW - earth system governance KW - global commons KW - international law KW - planetary boundaries Y1 - 2024 U6 - https://doi.org/10.1073/pnas.2301531121 SN - 1091-6490 SN - 1877-2014 VL - 121 IS - 5 PB - National Academy of Sciences CY - Washington, DC ER - TY - BOOK ED - Krieger, Heike ED - Liese, Andrea T1 - Tracing value change in the international legal order N2 - International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women’s rights, the prohibition of the use of force, the non-proliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline. KW - international legal order KW - international relations KW - value change KW - norm change KW - legal change KW - metamorphosis of international law KW - contestation KW - international law Y1 - 2023 SN - 978-0-19-285583-1 SN - 978-0-19-266836-3 U6 - https://doi.org/10.1093/oso/9780192855831.001.0001 PB - Oxford University Press CY - Oxford ER - TY - THES A1 - Lahmann, Henning T1 - Unilateral Remedies to Cyber Operations BT - Self-Defence, Countermeasures, Necessity, and the Question of Attribution N2 - Addressing both scholars of international law and political science as well as decision makers involved in cybersecurity policy, the book tackles the most important and intricate legal issues that a state faces when considering a reaction to a malicious cyber operation conducted by an adversarial state. While often invoked in political debates and widely analysed in international legal scholarship, self-defence and countermeasures will often remain unavailable to states in situations of cyber emergency due to the pervasive problem of reliable and timely attribution of cyber operations to state actors. Analysing the legal questions surrounding attribution in detail, the book presents the necessity defence as an evidently available alternative. However, the shortcomings of the doctrine as based in customary international law that render it problematic as a remedy for states are examined in-depth. In light of this, the book concludes by outlining a special emergency regime for cyberspace. KW - international law KW - cybersecurity KW - attribution KW - self-defence KW - countermeasures Y1 - 2020 SN - 978-1-108-47986-8 SN - 978-1-108-80705-0 U6 - https://doi.org/10.1017/9781108807050 PB - Cambridge University Press CY - Cambridge ER - TY - RPRT A1 - Arajärvi, Noora T1 - The Requisite Rigour in the Identification of Customary International Law BT - A Look at the Reports of the Special Rapporteur of the International Law Commission T2 - KFG Working Paper Series N2 - Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted. T3 - KFG Working Paper Series - 6 KW - international law KW - customary international law KW - United Nations KW - International Law Commission KW - Special Rapporteur KW - state practice KW - opinio juris Y1 - 2018 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-420742 SN - 2509-3770 SN - 2509-3762 IS - 6 ER - TY - RPRT A1 - Arajärvi, Noora T1 - The Rule of Law in the 2030 Agenda T2 - KFG Working Paper Series N2 - The rule of law is the cornerstone of the international legal system. This paper shows, through analysis of intergovernmental instruments, statements made by representatives of States, and negotiation records, that the rule of law at the United Nations has become increasingly contested in the past years. More precisely, the argument builds on the process of integrating the notion of the rule of law into the Sustainable Development Goals, adopted in September 2015 in the document Transforming our world: the 2030 Agenda for Sustainable Development. The main sections set out the background of the rule of law debate at the UN, the elements of the rule of law at the goal- and target-levels in the 2030 Agenda – especially in the SDG 16 –, and evaluate whether the rule of law in this context may be viewed as a normative and universal foundation of international law. The paper concludes, with reflections drawn from the process leading up to the 2030 Agenda and the final outcome document that the rule of law – or at least strong and precise formulations of the concept – may be in decline in institutional and normative settings. This can be perceived as symptomatic of a broader crisis of the international legal order. T3 - KFG Working Paper Series - 9 KW - international law KW - rule of law KW - SDGs KW - SDG 16 KW - sustainable development goals KW - Agenda 2030 KW - United Nations KW - OWG Y1 - 2017 U6 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-421906 SN - 2509-3770 SN - 2509-3762 IS - 9 ER -