ABOUT THE TOPIC: In his talk, Jack Goldsmith will explain why he is skeptical about significant cybersecurity cooperation among military rivals, especially at the treaty level. He will, however, argue that the Snowden revelations make such cooperation more, not less, likely.

ABOUT THE SPEAKER: Jack Goldsmith is Henry L. Shattuck Professor of Law at Harvard University, where he specializes in national security law, international law, internet law, and presidential power. Goldsmith is the author of five books and numerous articles covering these topics. His recent books include: Power and Constraint: The Accountable Presidency After 9/11 (W.W. Norton, 2012); The Terror Presidency: Law and Judgment Inside the Bush Administration (W.W. Norton, 2007); Who Controls the Internet? Illusions of a Borderless World (Oxford Press, 2006, with Tim Wu); and The Limits of International Law (Oxford Press, 2005, with Eric Posner). Prior to his time at Harvard, Goldsmith was Assistant Attorney General in the Office of Legal Counsel from October 2003 to July 2004 and Special Counsel to the General Counsel to the Department of Defense from September 2002 through June 2003. 

ABOUT THE SPEAKER: Elaine Korzak joined CISAC in September 2013 as a predoctoral cybersecurity fellow. She is a PhD student in the Department of War Studies at King's College London. Elaine's thesis evaluates how cyber attacks challenge current legal norms and whether the identified challenges ultimately warrant a new legal framework. The analysis focuses on two areas in particular: international law on the use of force (jus ad bellum) and international humanitarian law (jus in bello). During her time at CISAC, Elaine is conducting empirical research examining states' responses to the legal challenges created by cyber attacks. Her analysis focuses on various state positions in key international forums, including the United Nations and the International Telecommunication Union.

Elaine earned a Bachelor's degree in International Relations from the University of Dresden (Germany) before focusing her research interests at the interface of international law and security studies. She holds both an MA in International Peace and Security from King's College London and an LL.M in Public International Law from the London School of Economics. Her professional experience includes various governmental and non-governmental institutions (both national and international), where she has worked on various disarmament and international security issues. These include, most recently, NATO's Cyber Defence Section as well as the European Commission's Director-General on Information Society and Media.

ABOUT THE TOPIC: With their unique characteristics such as swiftness, its non-kinetic nature and anonymity, computer network attacks fundamentally challenge the current international legal paradigm which is based on a state-centered concept of armed force involving some degree of kinetic energy transfer through blast and fragmentation. It has been argued that a revolution in military affairs has been ushered in by technological advancements that cannot be accommodated within the existing legal framework. Both practitioners and scholars have called for a new regulatory framework to govern computer network attacks. This presentation will give an overview of Elaine's doctoral research project which evaluates these claims by examining if and how computer network attacks challenge key norms of international law on the use of force and international humanitarian law and whether the identified challenges ultimately warrant a new legal framework.   

Abstract:

In less than three decades, Taiwan has transformed from a repressive, authoritarian state into a vibrant democracy. Changes to the legal system, and particularly the criminal justice system, have played a central role in this story. Reform-minded politicians, lawyers, judges, prosecutors, and scholars have been crucial advocates for strengthening human rights protections, as has Taiwan’s Constitutional Court. Since the end of martial law, the Court has vigorously given heft to rights enshrined in the Republic of China’s constitution. Now that Taiwan has adopted the contents of the International Covenant on Civil and Political Rights as domestic law, it is an opportune moment to reflect on Taiwan’s journey towards embracing international human rights norms and to confront remaining challenges. The situation across the strait is markedly different. Today, Taiwan’s Constitutional Court has no counterpart on the Mainland and analogues to Taiwan’s former police-controlled punishments remain in full effect. As calls for reform on the Mainland become increasingly vocal, how might Taiwan’s experience inform efforts to increase human rights protections in the People’s Republic of China? 

Speaker Bio:

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Maggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a Term Member of the Council on Foreign Relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. Her recent publications have appeared in the Columbia Journal of Transnational Law, NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law. She is also the co-author of the book Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor with Jerome A. Cohen. 

Most recently before joining Seton Hall, Professor Lewis served as a Senior Research Fellow at NYU School of Law’s U.S.-Asia Law Institute where she worked on criminal justice reforms in China. Following graduation from law school, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton in New York City. She then served as a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit in San Diego. After clerking, she returned to NYU School of Law and was awarded a Furman Fellowship.

Professor Lewis received her J.D., magna cum laude, from NYU School of Law, where she was inducted into the Order of the Coif and was a member of Law Review. She received her B.A., summa cum laude, from Columbia University. In addition, she has studied at the Hopkins-Nanjing Center for Chinese and American Studies in Nanjing, China, and Bucerius Law School in Hamburg, Germany. 

ABOUT THE TOPIC: The use of unmanned aerial vehicles, also known as drones, as a counterterrorism tool has become the subject of considerable debate. Proponents point to drones as both effective for disrupting terrorist networks and compatible with international legal commitments. Critics assert that attacks create more terrorists than they kill while also violating international law. Both defenders and detractors have increasingly sought to make their case in the public sphere with the intent of swaying public support. This research studies the marketplace of ideas on the question of drones with an eye towards explaining 1) the type of arguments—i.e., whether or not drones are compatible with international law or are militarily effective—that resonate most with the public; and 2) the source of those ideas, whether international organizations, non-governmental organizations, or the government. In doing so, it fills a gap in a literature that has typically focused on sources of public support for initially going to war rather than attitudes toward states’ actual conduct and wielding of violence in the midst of armed conflict.

About the Speaker: Omar Dajani is one of the nation's foremost experts on the legal aspects of the conflict in the Middle East.  His scholarly work explores the links between international law, legal and political history, and contract and negotiation theory.  He also has considerable experience advising governments and development organizations in the Middle East and elsewhere.  Professor Dajani joined the McGeorge School of Law in 2004.  Previously, he was based in the Palestinian Territories, where he served first as legal advisor to the Palestinian team in peace talks with Israel and, subsequently, as an advisor to United Nations Special Envoy Terje Roed-Larsen.  Prior to working in the Middle East, he clerked for Judge Dorothy Nelson on the U.S. Court of Appeal for the Ninth Circuit and was a litigation associate at the Washington office of Sidley & Austin.  He received his Juris Doctorate from Yale Law School in 1997 and a Bachelor of Arts in American Studies, and Middle Eastern and Asian History from Northwestern University.