The chapter examines the distinction between public and private cyberattacks and responses to them in domestic law (e.g. application of criminal law) and international law (e.g. self-defence and countermeasures). After describing the different purposes, nature, and effects of cyberattacks committed by public and private actors, it argues that the determination of whether a particular cyberattack is of a public or private nature should define how states respond to cybersecurity risks. It then argues that the existing domestic and international law frameworks regulating cyberattacks suffer from serious limitations and proposes a holistic approach for responding to cyberattacks, taking into account the difference between public and private cyberattacks.

This chapter discusses how international courts operate, and how their jurisdiction is dependent on consent of states. It goes systematically through notions of jurisdiction, admissibility, interim measures, and compensation, ending with a discussion of advisory opinions and the possibilities for judicial review

Performance and performative writing can play a key role in opening up an extralegal space for new representations of non-human species and Earth itself. This is apparent in two recent initiatives: the Rights of Nature tribunals and the Wild Law Judgment project. The Rights of Nature tribunals constitute an unconventional performative forum for recognition of non- mainstream representations of Earth and its communities. The Wild Law Judgment project has provided an important space for unsettling anthropocentric assumptions and expectations in the common law. In ‘dressing up’ as judges, as tribunal members and judgment rewriters, we perform law differently to achieve Earth-centred outcomes.

In Chapter 4, the second vantage point of the book is introduced, that of the German citizen. It describes a record of how average men and women, from different backgrounds and living in different occupied territories, experienced the campaign to eradicate Nazism; how it impacted their daily lives and what they felt about it. Journal entries, private letters, newspapers, memoirs, and interviews chronicle much of the everyday denazification experience. An examination of on-the-ground activities reveals that the ideological cleanse was tethered to employment, and hence, political screening. If a shared denazification experience existed, it was the completion of Fragebögen. This chapter also shows that the consequences of denazification were more severe than what is often suggested. The form had the potential of permanently altering one’s material security, as well as professional and community status. Going through political screening was emotionally exhausting. This chapter includes a detailed case study of denazification experiences in Hersfeld (Hesse), a seemingly typical German district in the US occupation zone.

Chapter 3 lifts the unevaluated Fragebogen off the desks of planners in England and delivers it to American, British, French, and Soviet soldiers operating in Germany. It chronincles the implementation of the questionnaire program, beginning in 1945; how the form was distributed, collected, and evaluated, and what role it played in the larger military occupation. Accessing army field reports, military government records, newspapers, and published and unpublished first-hand accounts, a more intimate history of denazification administration is imparted. It is shown that the questionnaire was an indispensable thorn in the side of the military occupiers, one that pained them at every turn. The Allied armies and German commissions who oversaw the program did not have the expertise, resources, or willingness to see it through to completion. Still, denazification was a hollow shell without the Fragebogen. Most of what was visibly achieved—namely, the removal of thousands of incriminated Nazis from influential employment—was due to this screening device. From the moment invasion soldiers entered Germany, no matter what flag they carried, questionnaires were essential to the occupation regimes.

Sanctions are not only central to competition law enforcement for their punitive and deterrent value but are also important indicators of the successful performance of competition law authorities. The Indian and Pakistani competition legislations empower the CCI and CCP to impose both monetary and behavioural sanctions as appropriate, and in the years they have been operational, both authorities have utilised the full range of these powers, albeit with varying success. This chapter examines the penal strategies of the CCI and the CCP as manifested in the sanctions and penalties that they have imposed over time, and argues that these strategies as well as the extent to which the CCI and CCP have succeeded in recovering the penalties are directly impacted by the compatibility and legitimacy generated in the adoption process, and indirectly impacted by the establishment of success of these countries in adopting the competition enforcement infrastructure envisaged in the adopted legislations.

Challenges to investment arbitrators are increasingly common. Using data from different arbitral institutions up to 2019, this chapter traces a remarkable upsurge in the number of arbitrator challenges from 2010 to the present. On the one hand, many challenges may be of a purely tactical character, designed by the parties – typically the respondent state – to delay proceedings or pressure a party to settle or withdraw a complaint. On the other hand, many arbitrators may be legitimately vulnerable to challenges; and the increase in number may suggest that the system is (or should be) taking more seriously concerns such as repeat appointments by the same party, double hatting, and issue conflicts. The author argues that arbitrator challenges may contribute to the legitimacy of the adjudicative process. They ensure that independence and impartiality is maintained in practice and signal to prospective arbitrators and their appointers the risks of non-disclosure or certain types of appointments.

Global law firms and their prominent postion in the investment arbitration market is under-appreciated; yet there is a sound hypothesis that law firms seek to establish and maintain their social capital in the arbitration field in a similar manner as individuals such as arbitrators and counsel, as was captured in Dezalay and Garth’s pioneering study. Building on the social networks of arbitrators, this study focuses on the relationships between the most influential arbitrators and the most influential law firms in the system and how these relationships might create real or perceived conflicts of interest issues for the ISDS system. Using mixed methods – integrated network, statistical and doctrinal analyses – the chapter documents how the law firms have gained a central position in the ISDS network by establishing strong relationships to leading arbitrators. The author finds that the top law firms have positioned themselves as ‘gatekeepers’ to the ISDS system, in particular in terms of distribution of cases among potential arbitrators and the acceptance of new arbitrators, and discusses possible impacts on the perceived independence and legitimacy of the ISDS system.

This chapter presents the significant influence that British administrative law had on Israeli administrative law – starting with the law of Mandatory Palestine, and then dealing with the gradual process of independence which has developed since the modern State of Israel was founded in 1948. The influence of British administrative law has been one of the most enduring legacies of British Mandatory rule in Palestine. At the same time, the Israeli Supreme Court has allowed itself a significant degree of independence in developing on these traditional principles. This process of independent development has intensified since the 1980s, and even more so following developments in the area of constitutional law since the 1990s.

This chapter focuses on comparison. It considers the effect on access to justice of abolishing the assizes and disposing of court buildings. Civil procedure has been transformed, formalism is less important, but there is eternal tension between practical efficiency and desire for absolute justice. Land law is less dominant today, even though for the first time a majority of householders are freehold-owners. Torts law has been transformed by the ever-expanding boundaries of negligence, though contract law looks very similar. While public law has moved in several new directions, judicial review’s roots are Elizabethan. Most of today’s human rights were recognised then. Judicial decisions have changed in character as a result of abolishing the civil jury; the public is less involved with traditional-type law. Debt-collection aside, horizontal disputes are less prominent than vertical claims, and tribunals have grown in importance. The complexity of statute-law and regulation today means that citizens have less understanding of the law than Elizabethans. One consequence is that the legal profession is ten times larger (in proportion to the population) than that of Elizabethan England.

This chapter discusses how international courts operate, and how their jurisdiction is dependent on consent of states. It goes systematically through notions of jurisdiction, admissibility, interim measures, and compensation, ending with a discussion of advisory opinions and the possibilities for judicial review

This chapter outlines the system and structure of the courts in Hong Kong and discusses the concept of judicial precedent. It leads readers through the hierarchical structure of the courts and its historical development during the pre- and post-1997 periods. The different levels of the courts are examined including the Court of Final Appeal (CFA), the High Court, the District Court and Magistrates’ Courts. Different tribunals that exercise judicial power are also reviewed. The second section of this chapter deals with judicial precedents, an essential feature of the common law. The doctrine of precedent as it applies in Hong Kong is detailed, taking readers through vertical and horizontal stare decisis for each level of the courts. The status of English and overseas decisions, including Privy Council decisions in present-day Hong Kong, is discussed.