New Rules for New Tools? Exploitative and Productive Lawfare in the Case of Unpiloted Aircraft

2018 ◽  
Vol 43 (3) ◽  
pp. 137-156 ◽  
Author(s):  
Daniel Connolly
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Big Data ◽  
Side Effect ◽  
Autonomous Vehicles ◽  
Emerging Technologies ◽  
Human Rights Violations ◽  
The Core ◽  
Regulatory Challenges

Contemporary shifts in technology are celebrated for empowering human rights defenders and generating prosperity, but they also enable new forms of human rights violations. This article traces the evolving legal and regulatory challenges posed by drones across two distinct waves of debate. The first involved questions about the legality of weaponized drones in foreign airspaces. The second has centered on the domestication of the technology in American and European airspaces. This article argues that the legal gaps exposed in both waves are not an inevitable side effect of drone technology but are the result of key actors opportunistically using new capabilities to exploit existing rules or even to produce new ones—a process known as lawfare. This linkage between technology and lawfare is important because the drone debates encapsulate many of the core challenges surrounding emerging technologies such as algorithmic decision-making, autonomous vehicles, and big data. Lawfare over unpiloted aircraft is a prelude to the struggles ahead.

scholarly journals Territorial and Digital Borders and Migrant Vulnerability Under a Pandemic Crisis

2021 ◽  
pp. 45-64
Author(s):  
Petra Molnar
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Big Data ◽  
Private Sector ◽  
Guinea Pigs ◽  
Technological Development ◽  
Forced Migration ◽  
Population Movements ◽  
Humanitarian Crises ◽  
Automated Decision Making

AbstractPeople on the move are often left out of conversations around technological development and become guinea pigs for testing new surveillance tools before bringing them to the wider population. These experiments range from big data predictions about population movements in humanitarian crises to automated decision-making in immigration and refugee applications to AI lie detectors at European airports. The Covid-19 pandemic has seen an increase of technological solutions presented as viable ways to stop its spread. Governments’ move toward biosurveillance has increased tracking, automated drones, and other technologies that purport to manage migration. However, refugees and people crossing borders are disproportionately targeted, with far-reaching impacts on various human rights. Drawing on interviews with affected communities in Belgium and Greece in 2020, this chapter explores how technological experiments on refugees are often discriminatory, breach privacy, and endanger lives. Lack of regulation of such technological experimentation and a pre-existing opaque decision-making ecosystem creates a governance gap that leaves room for far-reaching human rights impacts in this time of exception, with private sector interest setting the agenda. Blanket technological solutions do not address the root causes of displacement, forced migration, and economic inequality – all factors exacerbating the vulnerabilities communities on the move face in these pandemic times.

scholarly journals PROBLEMATIKA INDEPENDENSI KOMISI KEBENARAN DAN REKONSILIASI ACEH

2017 ◽  
Vol 33 (1) ◽  
Author(s):  
Zahlul Pasha
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
The Other ◽  
Human Rights Violations ◽  
Indonesian Government ◽  
Other Hand ◽  
Free Aceh Movement ◽  
Election Commission

ABSTRACTAfter signing the MoU between the Indonesian government and the Free Aceh Movement, a lot of interesting dynamics going on in Aceh, which is the Qanun KKR Aceh. As an independent agency, the Aceh TRC duty to disclose the truth on the alleged past human rights violations in Aceh. This paper examines the nature of the independence of Aceh TRC is based on theoretical characteristics of an independent institution. Based on the results of the study found that the Aceh TRC has a number of independent properties include: an odd number of members, the independent election commission members, the election and dismissal of members of the commission are closely regulated and has the authority to regulate themselves (self-regulated bodies). However, on the other hand also found two other things that escape is set regarding the nature of the independence of Aceh TRC is concerning institutional decision-making procedures and functions of the commission as well as regarding filling positions that are not members of the commission be gradual (staggered terms) but simultaneously. Keywords: Independency, Komisi Kebenaran dan Rekonsiliasi Aceh. INTISARIPasca penandatanganan MoU Helsinki antara Pemerintah Indonesia dengan GerakanAceh Merdeka, banyak dinamika menarik yang terjadi di Aceh, salah satunyaadalah pengesahan Qanun KKR Aceh. Sebagai lembaga independen, KKR Aceh bertugas mengungkap kebenaran atas dugaan pelanggaran HAM berat masa lalu di Aceh. Tulisan ini berusaha mengkaji sifat independensi KKR Aceh berdasarkan ciri teroritik suatu lembaga independen. Berdasarkan hasil kajian ditemukan bahwa KKR Aceh memiliki sejumlah sifat independenmeliputi: jumlah anggota yang ganjil, proses pemilihan anggota komisi yang independen, pemilihan dan pemberhentian anggota komisi diatur jelas serta memiliki kewenangan untuk mengatur dirinya sendiri (self regulated bodies). Namun, di sisi lain juga ditemukan dua hal lain yang luput diatur berkenaan sifat independensi KKR Aceh, yaitu menyangkut prosedur pengambilan keputusan kelembagaan dan fungsi komisi serta perihal pengisian jabatan anggota komisi yang tidak dilakukan secara bertahap(staggered terms) melainkan bersamaan. Kata Kunci: Independensi, Komisi Kebenaran dan Rekonsiliasi Aceh.

scholarly journals Regulating Artificial Intelligence through a Human Rights-Based Approach in Africa

2021 ◽  
pp. 1-24
Author(s):  
Oyeniyi Abe ◽  
Akinyi J. Eurallyah
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legal Order ◽  
Human Rights Violations ◽  
Healthcare Education ◽  
Business And Human Rights ◽  
Societal Challenges ◽  
New Methodologies ◽  
Human Rights Based Approach ◽  
Regulatory Challenges

Abstract While the dawn of Artificial Intelligence (AI) solutions have aided in solving some of societal challenges, globalization and technological innovation potentially have the capability to disrupt, suspend, or change existing legal order, preventing the realization of business and human rights principles. For example, with AI-enabled systems, Africans can now access better healthcare, education, health, and transportation. However, AI has the potential to undermine human rights concerns. This article contextualizes the usage of AI systems and its implications for human rights violations. With particular reference to Africa, it gives an overarching context capable of constructing legal reactions to corporate related human rights violations. Some of the questions posed are: What are the ways human rights can be protected from exploitative tendencies of AI companies? How can African states, and businesses respond to regulatory challenges triggered by loss of work due to automation? What innovations and new methodologies are to be designed to engage with a sustainable and automated future? Finally, we propose reforms for corporate entities developing and deploying AI to respect human rights.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

scholarly journals Time, DNA and documents in family reckonings

2015 ◽  
Vol 12 (1) ◽  
pp. 75-108
Author(s):  
Claudia Fonseca
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Political Movement ◽  
Dna Test ◽  
The Core ◽  
Brazilian Government ◽  
Political Events ◽  
The Family ◽  
Family Connections ◽  
Institutionalized Patients

In this paper, drawing on literature from both STS and the anthropology of kinship, we describe a political movement aimed at legal reparation for human rights violations perpetrated by the Brazilian government against children of the compulsorily institutionalized patients of Hansen's disease. We conduct our investigation by exploring the action of intertwining technologies -- narrated recollections, written documents, and the DNA test -- employed by major actors to "reckon" the family connections at the core of this drama. The notion of technologies helps underline not only the materiality of certain processes, but also the complex temporalities at play. Responding to a challenge proposed by Janet Carsten, our ultimate aim is to show how political events as well as collective institutionalized structures - operating through the mediation of these diverse technologies - produce a particular kind of sociality, interwoven with perceptions of family and community.

scholarly journals Improving Access to Justice in Kenya through Horizontal Application of the Bill of Rights and Judicial Review

2017 ◽  
Vol 2 (1) ◽  
pp. 63-84
Author(s):  
Doris Matu
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Human Rights Violations ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
Decision Making Processes ◽  
The Veil

Article 20 of the Constitution of Kenya 2010 states that the Bill of Rights binds all state organs and all persons. However, the extent to which natural persons and private legal persons can be held liable for human rights violations has become an issue. The courts have differed and provided mixed directions as to liability for human rights violations by private persons. Under the previous constitutional era, only decisions of public entities could be reviewed through judicial review. This article is an attempt to illustrate, with the aid of case law, the increased possibility for access to justice by the litigant in constitutional rights matters post-2010. We move from the previous era where human rights could not generally be sought against private persons to one where there is an attitude of acceptance, albeit a very cautious one, where rights can now be sought against any private persons. Also, there is hope for justice and a better society in general, if private bodies’ decisions can also be judicially reviewed. Private entities wield immense power over individuals and it is crucial to lift the veil of privacy and go to the root of the matter by evaluating their decision-making processes.

Qatar 2022 World Cup: Designing a Context-Based Decision-Making Approach

2020 ◽  
Vol 9 (1) ◽  
pp. 7-11
Author(s):  
Gashaw Abeza ◽  
Mads Quist Boesen ◽  
Norm O’Reilly ◽  
Jessica R. Braunstein-Minkove
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Host Country ◽  
Advisory Board ◽  
Human Rights Violations ◽  
Advisory Group ◽  
Rational Decision ◽  
World Cup

The case presents a challenging decision that the new Fédération Internationale de Football Association (FIFA) President faced with the Qatar 2022 World Cup. Specifically, the issues surround the agreement that the President signed a year after his election with Qatar Airways and the allegations made against the 2022 World Cup host country, Qatar, for human rights violations and state-sponsored terrorism. Right after the allegation was made against Qatar, the President formed an advisory group to help prepare him to make a rational decision on the case. You have been appointed as the members of the advisory board that is tasked with investigating and making recommendations on the President’s challenge of keeping his campaign promises of restoring FIFA’s image and raising more money for the federation.

scholarly journals Moving Beyond Abstract Typologies? Overview of State and State-Corporate Crime

2020 ◽  
Vol 1 (1) ◽  
pp. 7-15
Author(s):  
Dawn L. Rothe
Keyword(s):  
Human Rights ◽  
Corporate Crime ◽  
Status Quo ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Special Issue ◽  
The Core ◽  
Price Gouging

The core focus of politicians, citizens, and the majority of criminologists continues to be on the most banal forms of lawbreaking street crimes. Yet state crimes occur vastly more often and are portentously harmful and costly—socially, politically, economically, culturally, and environmentally. As such, I suggest having a foundation for understanding and identifying what are often hidden “crimes” is as pertinent, if not more so today, as we continue to hear daily of atrocities, antitrust violations, tainted products, collusion, price gouging, crimes against humanity, human rights violations, to name just a few, by states and corporations. In addition, the topics covered in this special issue should not be seen as distinct, but rather as part of the overall broader system of power, neoliberalism, and the perpetuation of the inept status quo.

scholarly journals Controlling the Export of Digital and Emerging Technologies

2021 ◽  
pp. 1-10
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Emerging Technologies ◽  
Weapons Of Mass Destruction ◽  
Export Control ◽  
Mass Destruction ◽  
Dual Use ◽  
Export Controls ◽  
The Us ◽  
Protection Of Human Rights ◽  
Regulatory Challenges

Abstract Dual-use export control regulates the trade of items which serve both civilian and military purposes. Justification for imposing export controls has been furnished by the need for safeguarding regional and international security, especially the non-proliferation of weapons of mass destruction. The rationale for applying export controls has been subject to challenges, however. This Security and Human Rights special issue addresses the underlying justification for imposing export controls by focusing on their technological fronts. Scott A. Jones’ piece sheds light on the regulatory challenges that have arisen for the US’ control over so-called “emerging” technologies. Cindy Whang moves on to compare the US’ approach with that of the EU’s dual-use export control. Ben Wagner proposes a set of policy options for the design of export controls on digital technologies, so that they can serve as an effective vehicle for promoting the protection of human rights.

scholarly journals The Challenges of Autonomous Motor Vehicles for Queensland Road and Criminal Laws

2016 ◽  
Vol 16 (2) ◽  
pp. 59
Author(s):  
Kieran Mark Tranter
Keyword(s):  
Decision Making ◽  
Autonomous Vehicles ◽  
Intelligent Systems ◽  
Environmental Benefits ◽  
Motor Vehicles ◽  
Road Accidents ◽  
The Road ◽  
The Core ◽  
Dangerous Driving ◽  
Human Responsibility

<p><em>This article examines the challenges of autonomous motor vehicles for Queensland road and criminal laws</em>. <em>Autonomous vehicles refer to motor vehicles where driver decision making has been augmented or replaced by intelligent systems. Proponents of autonomous vehicles argue that they will virtually eliminate road accidents, boost productivity and provide significant environmental benefits. The key issue is that autonomous vehicles challenge the notion of human responsibility which lies at the core of Queensland’s road and criminal laws. The road rules are predicated on a driver in control of the vehicle, the intoxication regime is concerned with the person in charge of the vehicle and the dangerous driving offences require a person who operates a vehicle. Notwithstanding this challenge, it can be seen that much of Queensland’s law is adaptable to autonomous vehicles. However, there are some identifiable anomalies that require reform.</em></p>

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