Posts by Beatriz Oliveira
The 2022 Sino-Russian Statement: A Legal Justification for War?

On February 4th, 2022, as the Beijing Winter Olympics opened, Vladimir Putin and Xi Jinping declared a “no limits” partnership between their two nations. [1] Their Joint Statement proclaiming a new global era affirmed support for Russian and Chinese territorial ambitions in Ukraine and Taiwan, respectively, and promised to strengthen collaboration between the two nations against the West. The Joint Statement underscored their ambition to collaborate on a wide variety of issues—from climate change to cybersecurity. Less than three weeks later, the world watched as Russia unilaterally invaded Ukraine—overlooking its international obligations under the United Nations (UN) Charter Article 2(4) which states that “all members shall refrain from the threat or use of force against the territorial integrity or political independence of any state.” [2] Russia and China's claim of “no forbidden areas of cooperation” and their endorsement of each other’s territorial ambitions may be indications that Russia’s use of force serves as an implicit threat against international law. [3] By claiming a “New Era” for global affairs, the Joint Statement poses an unprecedented challenge to the existing world order and disrupts the legally binding standards of the UN international system.

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Reconciling Cyberwarfare and Big Data Rights: Do International Human Rights and Humanitarian Laws apply?

As cyberattacks and data leaks increasingly become a part of daily news, their impact is more noticeable across every field of society. More importantly, cyberattacks with significant political and civil implications have begun affecting electoral systems—a serious threat to democracy and international human rights. Indeed, the increasing number of cyberattacks has direct implications for the rights laid out in the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR). For instance, the “Ghostwriter” attack of 2017 targeted elections of several European Union (EU) member states to foment distrust in the North Atlantic Treaty Organization (NATO). Following this series of attacks, the EU formally assigned responsibility to Russian operators in September 2021, implying undue external interference on political systems had occurred. Also in September 2021, a suspected internal cyberattack to Hungarian polling systems caused nationwide election interference, hindering free participation in public affairs, freedom of expression, and voting rights. [1] Thus, as data analytics can facilitate interference with civil and political liberties as well as enable armed attacks and military strategies, data and cybersecurity rights—the rights determining how to collect, process, use, or disclose personal and private data information—should be seen as a logical extension of human rights.

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