International Journal of Law, Ethics, and Technology最新文献

{"title":"THE ASCENDANCY OF CAPITAL OVER NATION-STATES IN THE INTERNATIONAL LEGAL ARENA: A HISTORICAL-MATERIALIST PERSPECTIVE ON REDEFINING HORIZONTALITY IN INTERNATIONAL LAW","authors":"Elliot Goodell Ugalde","doi":"10.55574/qkmd5003","DOIUrl":"https://doi.org/10.55574/qkmd5003","url":null,"abstract":"Orthodox international law (IL)—primarily legal positivism, assumes a horizontal legal order. In adopting a Hobbesian understanding of the international arena, legal positivists assert that no sovereign supersedes that of any individual nation state; therefore, states hold each other legally culpable in a horizontal manner 1 and international legal institutions derive authority from state-consent. However, this document aims to challenge the adherence of orthodox IL to a horizontal legal order by demonstrating how capital effectively acts as a defacto sovereign in the international arena, imposing IL top-down onto states as subordinate legal actors. This claim is corroborated by Antony Anghie's postcolonial legal assertion that IL has historically served as a Trojan horse for furthering colonial ambitions. 2 Additionally, the Marxian concept of primitive accumulation, which situates colonialism within a larger project of capital accumulation, provides further theoretical backing for this perspective. Thus, this paper posits that the orthodox conception of IL as a horizontal system of equal sovereign states is inadequate, and instead proposes a paradigm in which capital acts as a de-facto sovereign, enforcing a vertical hierarchy undergirding international legal relations. This scholarly analysis will blend Marxian analysis with the empirical historical examples posited by Anghie, offering an in-depth examination of the manner in which colonialism dynamically influences and continually restructures the very fabric of IL. 3 Ultimately, considering the implications of nation-states being subservient to the normative prescriptions of IL, coupled with the understanding that these laws are fundamentally influenced by a larger colonial project, and acknowledging that this colonial project is inherently embedded within a broader structure of capital acquisition as per the theory of primitive accumulation; it can be posited that nation-states, through their subservience to IL, are ultimately guided by capital, thus, do not operate in a horizontal, International arena.","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123859064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SOLVING THE PROBLEM OF THE WHITENESS OF WEALTH","authors":"Elizabeth Tharakan","doi":"10.55574/klul2225","DOIUrl":"https://doi.org/10.55574/klul2225","url":null,"abstract":"Peggy McIntosh details “white privilege” 1as including: being in the company of people of her own race; renting or purchasing affordable housing in a desirable area; having pleasant neighbors; shopping alone without being harassed or followed; and turning on the TV or opening the newspaper to see heavy representation of people of her own race. 2 The history of slavery is one major source of wealth disparity: four generations ago, African-Americans were a form of wealth as slaves and even before that, Africans in Africa were seen as primitive. The socioeconomic disadvantages to African-Americans and finding solutions to this problem, especially solutions through funding HBCU’s, targeted debt relief, and increased Black representation in the media, are the aims of this paper on the black-white wealth gap. The average per capita wealth of White Americans was $338,093 in 2019 but only $60,126 for Black Americans. 3 On average between 1950 and 2010, Black households held about 7 percent of their wealth in stock equity; among White households, it was 18 percent. According to the 2016 General Social Survey, a 55% majority of white Republicans agree with the statement that black Americans are worse off financially “because most just don’t have the motivation or willpower to pull themselves up out of poverty.” 4 42% of white Republicans thought black Americans were lazier than white Americans and 26% rated black Americans as less intelligent. 5 The history of the black-white wealth gap is entrenched in slavery and its after-effects. These effects include the Jim Crow rules, the sharecropping landownership system, discrimination, Congress passing unfair tax laws, the tenfold wealth gap, and attempts to fix it with affirmative action. One solution is the benefit of educating black students at historically black colleges and universities such as Howard, Morehouse, and Spelman: Wealthy philanthropists like Mackenzie Scott, the ex-wife of Jeff Bezos, making massive donations to HBCU’s so that Black universities can offer more scholarships to deserving Black students. Robert Smith, the wealthiest black man in the United States, promised to pay off the debts of the Morehouse College class of 2019. Therefore, enabling black students to afford college and allowing them to face fewer obstacles to graduating college are worthwhile, positive aspects of the HBCUs. The best solution to the black-white wealth gap is targeted debt relief, as opposed to blanket debt relief. Scholars argue for increasing Pell Grants so that they cover tuition, room, board and course materials to help more Blacks graduate debt-free. 6 Black students have less access to generational wealth and are the most likely to rely on debt to finance their educations. In this way, targeted debt relief would dramatically help Black students and college graduates. Another solution is more favorable representation of Blacks in the media. Stuart Hall argued that the solution to negative representations of ","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130461852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PERSONAL DATA PROTECTION UNDER INTERNET PLATFORM ECONOMY","authors":"Dongyi Shi","doi":"10.55574/sgsy7772","DOIUrl":"https://doi.org/10.55574/sgsy7772","url":null,"abstract":"The data subjects’ ownership of personal data and the basic rights and interests derived from it need to be implemented and clarified in practice by laws and regulations, and corresponding supporting regulatory systems should also be constructed accordingly. This article deduces “ownership” by discussing the “transmission” of personal data, studies the data’s usage through discussing the case of Taobao v. Meijing and explores the supervision direction brought by technological progress. Platform companies should satisfy data users’ wishes to obtain and transmit their personal data. Transfer of personal information being determined by individuals, makes for a fair and healthy competition environment among Internet platform companies. Under the most recent law environment, requiring every data subject to grant informed consent, would face complex application issues in practice. In order to make personal data circulate more conveniently in the society, this article proposes to refer to the spirit of the “Personal Information Protection Law”, which is, the basis of “informed consent” and the principle of “minimum necessity”, plus the method of “explicit permission”, and adopt a “payment consideration” model in specific commercial fields.","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131612524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Summer 2023 Executive Board","authors":"","doi":"10.55574/chxu9776","DOIUrl":"https://doi.org/10.55574/chxu9776","url":null,"abstract":"","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133143129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"OIL AND GAS PATENTS: DO MULTINATIONAL CORPORATIONS IMPEDE THE GROWTH OF TECHNOLOGY IN DEVELOPING COUNTRIES?","authors":"Harini Varadarajan","doi":"10.55574/qcja3263","DOIUrl":"https://doi.org/10.55574/qcja3263","url":null,"abstract":"82% of the world’s proven oil reserves are in the members of the Organization of Petroleum Exporting Countries which are predominantly developing countries. The international oil corporations (IOCs) otherwise known as the O&G (Oil and Gas) multinational corporations (MNCs) of the advanced nations develop the technology for extracting the hydrocarbons from the reserves and assist the developing oil-rich states in doing so. In exchange for the technology, developed nations have obtained access to the O&G resources that they lack. Because the technology required to extract oil is highly sophisticated and requires substantial research and development (R&D), the MNCs have secured them using patents. However, some of the strategic patenting practices and supplementary offensive methods employed by the MNCs of technologically superior countries over the past century have been criticised as being anticompetitive. Though these methods were employed to secure their own investments, they have inadvertently hindered technological development of some developing oil-rich nations and created a large technology gap between the Global North and South which I will present through the course of this paper. I conclude that oil-rich nations that lacked capital and technological infrastructure due to weak governmental support for Research & Development have been the ones to suffer in contrast to those oil-rich nations whose governments were committed to technology and advancement. Therefore, to overcome the technology gap, I urge host countries to have the political will and take proactive measures to develop their own technology. Reformation of International Intellectual Property Laws must also be considered if developed nations are indeed committed to helping the developing countries succeed, as encouraging innovation in all countries is indeed the very foundation of IP Law.","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130446576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SAFEGUARDING CHILDREN'S PRIVACY: A STUDY OF REGULATION AND PRACTICE IN THE UNITED KINGDOM AND THE UNITED STATES","authors":"Juncheng Cao","doi":"10.55574/glgn1795","DOIUrl":"https://doi.org/10.55574/glgn1795","url":null,"abstract":"In recent years, there has been a growing emphasis on protecting privacy in the global internet economy and innovation. Consequently, governments have implemented strict regulations on the issue. However, information society service providers (ISS providers) may approach this problem differently due to their unique service domains. Compliance with regulations such as the ICO code and COPPA may present challenges for operators due to technical difficulties and unclear guidelines. Unfortunately, these issues ultimately harm users, especially children. To address this problem, this note examines the key elements and regulations of the ICO code and analyzes the privacy policies for children issued by five major technology companies. The aim is to clarify existing protective measures and identify areas for improvement. Additionally, this note highlights the challenges ISS providers face when trying to identify children. The author's objective is to provide a clear understanding of the current system for protecting children's privacy, with the goal of improving the situation","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125450498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE EVOLUTION OF SANCTIONS EVASION: HOW CRYPTOCURRENCY IS THE NEW GAME IN EVADING SANCTION AND HOW TO STOP IT","authors":"Summer Wright","doi":"10.55574/vohs5203","DOIUrl":"https://doi.org/10.55574/vohs5203","url":null,"abstract":"","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120959266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ARTIFICIAL INTELLIGENCE (AI) IN SCIENCE: IS THE SCIENTIST OR AI LIABLE WHEN A BELIEVER’S HUMAN RIGHTS ARE VIOLATED?","authors":"Judith Massia","doi":"10.55574/xwtd1709","DOIUrl":"https://doi.org/10.55574/xwtd1709","url":null,"abstract":"Artificial Intelligence (AI) may appear to be one of the newest and most talked about areas of science amidst the current 4th Industrial Revolution (4IR), but it has, in fact, been under development since the beginning of time, from Arabic Alchemy to (Jewish) Talmudic scholar Rabbi Judah Loew ben Bezalel’s 16th century interpretation of Golem. More recently discussed only in the realm of science fiction movies, AI has now comfortably and securely entered the highest circles of academia, industry, and government. However, experts have only just begun to look at the impact of AI on human rights violations and God. As AI and technology become integral parts of our working lives, this essay aims to answer the question of whether the scientist or AI will be held liable when a Believer’s human rights are violated (physical and psychological violations) and whether the European Union’s Directive 85/374/EEC legislation is adequate in tackling this currently very niche issue.","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129330930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"AN UPGRADED ART MARKET FOR A DIGITAL AGE","authors":"Caroline P. Christman","doi":"10.55574/nuwa8437","DOIUrl":"https://doi.org/10.55574/nuwa8437","url":null,"abstract":"The traditional art market suffers from systemic market failures resulting in inefficiencies. There is no universal system or database to keep track of provenance information. The lack of provenance results in authentication issues, raising risk within the market. Additionally, the physical form of traditional art presents numerous problems including theft and transaction costs. Copyright and trademark laws attempt to address these market failures through regulation and enforcement mechanisms. However, these legal mechanisms are inefficient tools to regulate the art market because they rely on voluntary record keeping and retroactive enforcement through the judicial system. In contrast, blockchain technology, as an efficient regulatory and enforcement system, solves the art market problems that the law cannot fix. This innovative technology can solve the complex legal problems that the art market faces daily. Blockchains are immutable ledgers that store impeccable provenance information. Several blockchains have a native form of artwork—non-fungible tokens (NFTs)—that work seamlessly with the technology. NFTs take the physical aspect out of art, allowing art to exist digitally on the blockchain, where they cannot be damaged, stolen, or forged. Blockchain technology presents a novel solution to the physicality, authenticity, and provenance problems in the art market.","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133231775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Winter 2022 Table of Contents","authors":"","doi":"10.55574/jnwq3001","DOIUrl":"https://doi.org/10.55574/jnwq3001","url":null,"abstract":"","PeriodicalId":113895,"journal":{"name":"International Journal of Law, Ethics, and Technology","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114226869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}