Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law
This article explores the systemic impact of digitalization on the use of force regime. It identifies two types of impact: (i) legal uncertainty; and (ii) the replacement of international law. The article discusses legal uncertainty in relation to the content of the rules on the use of force and the...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-04-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223000330/type/journal_article |
| _version_ | 1797754611633750016 |
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| author | Nicholas Tsagourias |
| author_facet | Nicholas Tsagourias |
| author_sort | Nicholas Tsagourias |
| collection | DOAJ |
| description | This article explores the systemic impact of digitalization on the use of force regime. It identifies two types of impact: (i) legal uncertainty; and (ii) the replacement of international law. The article discusses legal uncertainty in relation to the content of the rules on the use of force and their application to digital uses of force as well as in relation to the facts that underpin digital uses of force. It then goes on to discuss the replacement of international law as a regulatory tool of the use of force by considering the impact of digitalization on the creation of customary law, legal personhood, and international law’s regulatory modality. The article’s findings are not limited to the impact of digitalization on the use of force regime but extend to international law in general. |
| first_indexed | 2024-03-12T17:35:56Z |
| format | Article |
| id | doaj.art-c4814aa9c43e41a88f9c4f6c49188731 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-03-12T17:35:56Z |
| publishDate | 2023-04-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-c4814aa9c43e41a88f9c4f6c491887312023-08-04T12:01:27ZengCambridge University PressGerman Law Journal2071-83222023-04-012449450710.1017/glj.2023.33Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International LawNicholas Tsagourias0University of Sheffield, Sheffield, EnglandThis article explores the systemic impact of digitalization on the use of force regime. It identifies two types of impact: (i) legal uncertainty; and (ii) the replacement of international law. The article discusses legal uncertainty in relation to the content of the rules on the use of force and their application to digital uses of force as well as in relation to the facts that underpin digital uses of force. It then goes on to discuss the replacement of international law as a regulatory tool of the use of force by considering the impact of digitalization on the creation of customary law, legal personhood, and international law’s regulatory modality. The article’s findings are not limited to the impact of digitalization on the use of force regime but extend to international law in general.https://www.cambridge.org/core/product/identifier/S2071832223000330/type/journal_articleDigitalizationuse of forcelegal and factual uncertaintyreplacement of international lawlegal personalitycustomary law |
| spellingShingle | Nicholas Tsagourias Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law German Law Journal Digitalization use of force legal and factual uncertainty replacement of international law legal personality customary law |
| title | Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law |
| title_full | Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law |
| title_fullStr | Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law |
| title_full_unstemmed | Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law |
| title_short | Digitalization and its Systemic Impact on the Use of Force Regime: Legal Uncertainty and the Replacement of International Law |
| title_sort | digitalization and its systemic impact on the use of force regime legal uncertainty and the replacement of international law |
| topic | Digitalization use of force legal and factual uncertainty replacement of international law legal personality customary law |
| url | https://www.cambridge.org/core/product/identifier/S2071832223000330/type/journal_article |
| work_keys_str_mv | AT nicholastsagourias digitalizationanditssystemicimpactontheuseofforceregimelegaluncertaintyandthereplacementofinternationallaw |