Introductory Remarks: Overview of General Research Trends and Topical Focus for 2020: Researching Human Rights and Artificial Intelligence

2020 ◽  
Vol 114 ◽  
pp. 239-240
Author(s):  
Marylin Johnson Raisch
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
International Law ◽  
Peace Movement ◽  
Environmental Research ◽  
Political Methodology ◽  
Health And Human Rights ◽  
Drone Strikes ◽  
Mixed Messages ◽  
The Impact

There are many current threads in human rights research today; some are extensions of more traditional concerns, and others call upon the application of human rights law as a part of international law that is evoked by recent and changing realities. There is, first, a historical turn in international law that is relevant to human rights even though it is more traditional for legal scholarship to look at such sources. Recently, Third World Approaches to International Law (TWAIL) and discoveries about the role of the women's peace movement (as women endured and challenged the mixed messages about their roles at the time of the founding of the League of Nations) are new perspectives in that they were previously set aside, as were indigenous people's perspectives. Historian Reza Afshari and others have spoken to the focus on structural transformation and lived realities as a more political methodology for human rights, going beyond discourse and its possible Western biases. Third, environmental research has emerged in a new way, using empirical data and big data to track the impact on health and human rights; included here may be the current situation of the COVID-19 pandemic. There are also new developments in the law of war, such as drone strikes, which take us toward automated war. The automation of human functions and judgments takes us, finally, to this panel's focus on human rights research: artificial intelligence, or AI. There may arise a theory of agency implicating those who create or operate AI outside a war context, or even within it as alleged war crimes.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Liability ◽  
Content Type ◽  
Legal Perspective ◽  
The Government ◽  
The Individual ◽  
The Impact ◽  
Rights Issues ◽  
Comprehensive Study

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

The Impact of the Human Rights Act on Advocacy

2013 ◽  
Author(s):  
Rabinder Singh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Third Party ◽  
Human Rights Act ◽  
The Impact

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

The Impact of the Human Rights Accountability Movement on the International Law of Immunities

2003 ◽  
Vol 40 ◽  
pp. 151-193
Author(s):  
Darryl Robinson
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Court ◽  
International Court Of Justice ◽  
Enforcement Action ◽  
International Crimes ◽  
International Court ◽  
Accountability Movement ◽  
International Discourse ◽  
The Impact

SummaryIn the last decade, the human rights accountability movement has made remarkable inroads into the classical law of immunities. The developments strike a new equilibrium between the need to promote accountability and the need to protect international discourse. These developments form a coherent picture if one looks to the underlying rationales of these areas of law. Immunities ratione materiae, enjoyed by current and former officials, protect official functions on behalf of a state. The landmark Pinochet decision affirmed that official functions could not include the commission of international crimes condemned by international law. Conversely, immunity ratione personae flows from a different rationale. This form of immunity protects only certain high officials representing their state and only during office and facilitates official visits by precluding arrest on any grounds. The International Court of Justice Yerodia decision and other developments confirm that this immunity remains absolute, irrespective of the conduct alleged. However, even this absolute immunity may be relinquished through Security Council enforcement action or acceptance of the jurisdiction of the International Criminal Court.

Slaughterhouse-Six: Updating the Law of War

2004 ◽  
Vol 5 (5) ◽  
pp. 525-544 ◽  
Author(s):  
Ed Morgan
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
European Court ◽  
House Of Lords ◽  
Self Interest ◽  
Time Zones ◽  
National Jurisdiction ◽  
State Obligations ◽  
The Impact

International law has come unstuck in time. It has gone to sleep stressing a normative future based on state “obligations owed towards all the other members of the international community,” and has awakened in a bygone world in which the state is “susceptible of no limitation not imposed by itself.” The opposing time zones seem now to exist in unison. Thus, for example, the European Court of Human Rights, in examining the impact of the Torture Convention, can split 9:8 on whether national self-interest trumps universal rules of cooperation, or the other way around. Likewise, England's House of Lords can opine in thePinochetcase that, as between a reinvigorated national jurisdiction and the developing concept of universal one, “international law is on the move.”

Personal Data Sharing and Legal Issues of Human Rights in the Era of Artificial Intelligence

2019 ◽  
Vol 15 (3) ◽  
pp. 21-36
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Sharing ◽  
Personal Data ◽  
Security And Privacy ◽  
Human Right ◽  
Public And Private ◽  
Analyse Data ◽  
Regulatory Controls ◽  
The Impact

Personal data sharing has become an important issue in public and private sectors of our society. However, data subjects are perceived to be always unwilling to share their data on security and privacy reasons. They apprehend that those data will be misused at the cost of their privacy jeopardising their human rights. Thus, personal data sharing is closely associated with human right issues. This concern of data subjects has increased manifolds owing to the interference of Artificial Intelligence (AI) since AI can analyse data without human intervention. In this background, this article has taken an attempt to investigate how applications of AI and imposition of regulatory controls with appropriate governance can influence the impact of personal data sharing on the issues of human right abuses.

scholarly journals The U.S. Embassy Move to Jerusalem: Mixed Messages and Mixed Blessings for Israel?

2019 ◽  
Vol 53 (01) ◽  
pp. 34-45
Author(s):  
Mick Dumper
Keyword(s):  
International Law ◽  
Short Term ◽  
Tel Aviv ◽  
Mixed Messages ◽  
The Impact ◽  
The U.S ◽  
Different Parts

AbstractThe U.S. decision in December 2017 to move its embassy in Israel from Tel Aviv to Jerusalem recognizes the latter as the capital of Israel. While violating several UN resolutions and international law, it has in the short-term impacted the negotiations between the Palestinian Liberation Organization (PLO) and Israel. In the longer term we can see that the impact of the decision is also more complex and nuanced. There are three main areas which suggest this to be the case: First, the lack of clarity over the decision itself; second, the varying degrees of sovereignty exercised by Israel in different parts of Jerusalem due to the city's long and religiously diverse history; and thirdly, the contradictions inherent in imposing a nationalist ideology upon a cosmopolitan and heterodox city.

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