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Surveillance without Borders: The Unlawfulness of the NSA Panopticon, Part II

This is Part II of a post assessing the international law implications of the U.S. National Security Agency's global spying program. Part I focused the general international law implications of the program. This part focuses on potential violations of human rights law and breaches of the law of diplomacy. Constitutional fundamental rights binding the European states In probably all surveilled states, citizens enjoy a constitutional right to privacy which has been affected by secret surveillance measures by the NSA. Fundamental rights embodied in European constitutions bind only the territorial state, not the USA. The territorial states’ responsibility under their own constitutional law could be involved through their condonement, toleration, or by just refraining from protesting against surveillance measures by the NSA. In Germany, the secrecy of communication is protected by Art. 10 of the German Basic Law (Grundgesetz, GG). This fundamental right may be lawfully restricted. The principal relevant legislation in Germany is the Gesetz zur Beschränkung des Brief-, Post und Fernmeldegeheimnisses as of 26 June 2001, colloquially called the…

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The Legality of Military Action in Syria: Humanitarian Intervention and Responsibility to Protect

It now seems fairly clear that the US and the UK are set to take military action in Syria in the coming days in response to the recent chemical attacks there. The UK Prime Minister, UK Foreign Secretary and the UK Secretary of State for Defence have all asserted that any action…

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Incorporating UN General Assembly Declaratory Texts into Domestic Law?

Last week in Canada, with federal MPs returning to Parliament amidst the continuation of countrywide protests by indigenous peoples, an opposition MP introduced a private member’s bill (Bill C-469) to require the Canadian government to ensure that all federal laws are consistent with the United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295). I’ll…

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