Federal Elections Standards for a Malicious Cyberspace

“The right to vote should be considered sacred in our democracy.” Charles B. Rangel

Introduction

The right to vote is the most defining and important part of a functional democracy. Public faith in voting systems is absolutely crucial to a successful democracy so that citizens have a high degree of confidence that their elected leaders receive affirmative votes in a fair manner by a majority of the respective electorate, ensuring accurate representation in government. There are a plethora of Federal laws, State laws and five separate amendments to the Constitution of the United States that protect citizens’ right to vote indiscriminate of race, sex, income and age. The 2016 Presidential election brought to light a new kind of threat to our democracy- malicious cyberattacks from an adversarial foreign government. Continue reading “Federal Elections Standards for a Malicious Cyberspace”

Scope, Methodology and Systemic Failure of the jus cogens Mechanism: The Disconnect between Morality, State Sovereignty and Autonomy.

 

Most international legal scholarship recognizes that the international legal system upholds a category of higher ethical norms known as peremptory norms in common rhetoric of the international legal profession, “from which no derogation is permitted.”[1] These overriding principles of international law form a body of jus cogens — a Latin term signifying ‘compelling law’— that establishes a framework for resolving disputes over treaty law provisions, which are often based on different rules of international law. Peremptory norms are generally interpreted as restricting the freedom of states. Treaties and principles of customary international law that violate jus cogens can be declared to be void since “their object conflicts with norms which have been identified as peremptory.”[2] Continue reading “Scope, Methodology and Systemic Failure of the jus cogens Mechanism: The Disconnect between Morality, State Sovereignty and Autonomy.”