Sources of International Law

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The African Union’s Statement on the Application of International Law to Cyberspace: An Assessment of the Principles of Territorial Sovereignty, Non-Intervention, and Non-Use of Force

A growing number of States have published statements examining the application of international law to cyberspace (for an overview see the Cyber Law Toolkit). On 29 January 2024, the African Union (AU) Peace and Security Council adopted the ‘Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace’, and on 18 February 2024 the Assembly of the AU endorsed it. For an overview of the Common African Position (CAP) and its process of adoption see the post by Mohamed Helal, the AU’s Special Rapporteur on the CAP.

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The Common African Position on the Application of International Law in Cyberspace: Reflections on a Collaborative Lawmaking Process

On January 29, 2024, the African Union Peace and Security Council (PSC) unanimously adopted Communiqué 1196 (2024) pursuant to which it adopted the Common African Position on the Application of International Law to the Use of Information and Communication Technologies in the Cyberspace. The Common African Position (CAP) and all four Communiqués that the PSC adopted on this…

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Protecting commercial shipping with strikes into Yemen: Do attacks against merchant shipping trigger the right of self-defence?

On January 11, 2024, the US and UK, supported by a group of other States, commenced attacks against targets in Yemen. These attacks were preceded by a range of efforts to secure the sea lines of communication through the Red Sea against continued attacks by the Houthis from Yemen territory. A maritime coalition taskforce was set up…

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American Pick and Choose or Customary International Law?

Since 2003, the United States (US) has been collecting, processing, and analyzing marine geophysical data to determine the outer limits of its continental shelf. Some 20 years later, on 19 December 2023, the US Department of State published the geographical coordinates that define its extended continental shelf (ECS), stating that: ‘The United States…

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The Recognition of a Customary Rule of International Law in NICOL II – A Redundant Exercise?

In Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (NICOL II), the International Court of Justice (ICJ) observed a general trend in which coastal States had “chosen not to assert” outer continental shelf entitlement “within 200 nautical miles of the baselines of another…

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