The devil is in the details. Information warfare in the light of Russia's military doctrine. OSW Point of View 50, May 2015

By highlighting informational threats and giving them a military dimension, the authors of the Russian Federation's military doctrine have outlined the concept of information warfare. It is a kind of combat conducted by both conventional and indirect methods, open and concealed, using military and civilian structures. It has two dimensions: broader ("non-nuclear containment", i.e. combat waged on various levels - political, economic, diplomatic, humanitarian, military) and narrower (as an element supporting of action). An analysis of these issues enables us to identify several rising trends over the period 2000-2014 in Russian security policy. These boil down to a blurring of the boundaries between internal and external threats, introducing non-military methods and organisational structures to armed combat, and conferring an ideological character on this combat. This leads to a blurring of the contours of inter-state conflicts, which allows Russia to take part in armed conflicts in which it is not officially a party.

Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

The past, present and future of the Monroe Doctrine,

"Readings" at end of each chapter.

Promulgation of the Monroe Doctrine; Proceedings of the international centennial celebration of the promulgation of the Monroe Doctrine held at Richmond, Va., December 2-4, 1923.

The celebration was organized and conducted by the Southern Commercial Congress. cf. p. 1.