Blog Posts: Customary International Law

Filipino fisherman file claim against China for denying "any port in a storm"

Sixteen Filipino fishermen are asking the U.N. High Commissioner on Human Rights to intervene, alleging that Chinese mariners denied them entry to calm waters during harsh weather, shot at them with water cannons, rammed their boats, and even chased them with machine guns.


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No Comments | Posted by Bethany A. Boring on Tue. October 6, 2015 12:23 AM
Categories: China, Customary International Law, Philippines, Southeast Asia, Territorial disputes

Symposium Review: Is There a Need for International Cyber Warfare Treaties?

During North Carolina Journal of International Law and Commercial Regulation’s 2014 symposium, various panelists offered their views on the growing area of cyber warfare. Cyber warfare is a relatively new development that is creating ethical and legal ambiguity under current international law. Modern international law recognizes the idea of jus ad bellum, literally translated to mean “right to war”. This theory determines situations when it is lawful to resort to war. The United States, and now most countries, claim . . .


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No Comments | Posted by Mark A. Kochuk on Thu. February 13, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

al-Shahaab Raid Justified by AUMF

On October 5, 2013, US Navy SEALS entered Somalia to capture Kenyan national Abdikadir Mohamed Abdikadir, whose al-Shabaab terrorist group claimed responsibility for the deadly attack on the Westgate shopping mall in Nairobi, Kenya. Considering that U.S. embassy operations are suspended in Somalia, and the United States is not engaged in a direct military conflict with Somalia, was the raid legal?


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No Comments | Posted by Max P. Biedermann on Wed. February 12, 2014 8:00 AM
Categories: Africa, African Union, AUMF, Customary International Law, Kenya, Somalia, Syria, Terrorism

Symposium Review: Moving the Law of Armed Conflict from Crossbows to Cyber Attacks

At ILJ's 2014 symposium, Professor Eric Talbot Jensen argued that weapons technologies have progressed faster than international law's ability to handle them.


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No Comments | Posted by Vineeth Shanker Hemavathi on Tue. February 11, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

Symposium Review: Sovereign Assumptions

NCILJ's 2014 symposium, "Emerging Issues in the Law of Armed Conflict and International Security,” reflected North Carolina's strong military ties and wide network of national security legal professionals. 


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No Comments | Posted by William L. Thore (Logan) on Tue. February 11, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

China's Loosening One Child Policy: Motivations and Implications

Since 1979, the People’s Republic of China has enforced laws restricting the number of children had by Chinese couples in an effort to stem the social, economic, and environmental challenges created by the nation’s exploding population. Noncompliance results in hefty fines. Implementation of this “family planning” policy has seen much criticism for its perceived human rights intrusions of family development and potential to reinforce gender bias. Present laws limit many couples to having a single child, but allow a second child if couples live in rural regions and have only a daughter, are of a minority ethnicity, or have no siblings themselves. But, change is coming.


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No Comments | Posted by Peter B. von Stein on Thu. January 16, 2014 8:00 AM
Categories: China, Customary International Law, Population control/management

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