{"title":"Editorial: Summer Issue: Themed Issue on Technology and Law","authors":"Ariana Lopez, Sophia Mard, Maximilian Fenner","doi":"10.37974/alf.335","DOIUrl":"https://doi.org/10.37974/alf.335","url":null,"abstract":"The Amsterdam Law Forum Editorial Board The Amsterdam Law Forum is proud to present our themed issue on ‘Technology and Law’ to finish up the academic year 2018-2019. This issue aims to showcase articles that delve into legal research surrounding emerging technologies that continue to restructure our lives and the way that international law is mobilized. The theme of this issue is borne out of our Annual Seminar that was hosted on May 10th at the Vrije Universiteit Amsterdam. There, we confronted this timely subject together with professors, researchers and students from varied perspectives and with scholars from different disciplinary backgrounds. We hope that the articles showcased in this issue reflect both our intellectual engagement with the topic and the kinds of themes and problems that legal scholars are dealing with when it comes to new technologies in the 21st century.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134633009","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":"Human Rights Weekend: Artificial Intelligence, Big Data & Human Rights: Progress or Setback?","authors":"Isabella Banks, Leonore ten Hulsen","doi":"10.37974/ALF.340","DOIUrl":"https://doi.org/10.37974/ALF.340","url":null,"abstract":"The “Artificial Intelligence, Big Data & Human Rights” lecture took place on Sunday, February 10, 2019, the final day of Human Rights Weekend. Human Rights Weekend is an annual event hosted by Human Rights Watch, an international non-governmental organisation that conducts research and advocacy on human rights. This year’s Human Rights Weekend was located at De Balie, a cultural centre in Amsterdam where artists, politicians, thinkers, opinion leader, scientists, and the public can meet and comment on developments in society.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123913571","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":"Censor Them at Any Cost? A Social and Legal Assessment of Enhanced Action Against Terrorist Content Online","authors":"Naomi Klompmaker","doi":"10.37974/ALF.336","DOIUrl":"https://doi.org/10.37974/ALF.336","url":null,"abstract":"The European Commission issued a proposal for Regulation to prevent the dissemination of terrorist content online. This introduces far-going obligations for social media platforms to remove terrorist content what conflicts with the E-Commerce Directive and will have a considerable impact on freedom to conduct a business, freedom of expression, protection of personal data and the right to an effective remedy. While extremist and terrorist content on the internet may contribute to radicalisation of home-grown terrorists and lone actors, the (over)removal of terrorist content will hinder the possibility to provide effective counter narratives and will result in the relocation of terrorists and extremists to unmonitored digital environments.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116846295","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":"Justice in an Ever-Evolving (Digital) World – A Reflection on the Annual International Bar Association’s War Crimes Conference","authors":"Isabella Regan","doi":"10.37974/ALF.339","DOIUrl":"https://doi.org/10.37974/ALF.339","url":null,"abstract":"This opinion article gives an overview of discussions on the future of international criminal justice during the International Bar Association’s Annual War Crimes Conference, held in The Hague on April 13th, 2019. The topics set out focus on international criminal investigations, more specifically on who is investigating (which actors) and how is being investigated. This article first discusses corporations and international crimes and highlights the different ways in which corporations can be involved in atrocities. Then, the role of private (non-state) actors is discussed, more notably the role of civil society and private investigators. The third topic relates to UN investigative mechanisms, namely those for Iraq, Myanmar and Syria. Each section starts with an overview of panellists’ presentations and ends with the author’s own reflections. The article ends with a general overview on the future of international criminal investigations and additional reflections and suggestions for practice and further research.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121126698","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":"“Digital Gangsters”: Are Facebook and Google a Challenge to Democracy?","authors":"C. A. Rodrigues","doi":"10.37974/alf.337","DOIUrl":"https://doi.org/10.37974/alf.337","url":null,"abstract":"This paper analyses how Facebook and Google’s innovative business models might be posing a threat to democracy. Their economic concentration has made them powerful enough to enforce a technological determinism: all technology that happens must happen as it does and could not have happened any other way. This determinism actively violates the principle of representative government because it gives regulatory power to non-elected private companies. Furthermore, the individual autonomy of citizens is violated by requiring consent to unfair user agreements which incorporate indiscriminate surveillance and data-mining which is able to predict and modify behaviour. This paper aims to generate public debate about Facebook and Google’s challenges to democracy.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131487384","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":"“Documenting Atrocity Crimes Committed Against the Rohingya, Accountability and Next Steps”—An Overview of the Conference Held by the Public International Law and Policy Group (PILPG)","authors":"Argelyn Adlawon","doi":"10.37974/ALF.334","DOIUrl":"https://doi.org/10.37974/ALF.334","url":null,"abstract":"The PILPG conference was held on 21 February 2019 at the Vrije Universiteit Amsterdam. The objective of the conference was to present the factual findings and legal analysis of PILPG’s documentation of the atrocity crimes committed against the Rohingya in Myanmar’s Rakhine State. PILPG is a global pro bono law firm with the headquarters in Washington D.C. PILPG recently conducted an unprecedented and comprehensive human rights investigation mission in the refugee camps and settlement areas in Eastern Bangladesh.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130350235","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":"Which International Authority Should be Designated for Verifying the Irreversible Elimination of Nuclear Weapons under Article 4 of Nuclear Ban Treaty (TPNW)?","authors":"A. Loghin","doi":"10.37974/ALF.332","DOIUrl":"https://doi.org/10.37974/ALF.332","url":null,"abstract":"This paper analyses the most substantial gap of the Nuclear Ban Treaty (also known as the Treaty on the Prohibition of Nuclear Weapons, abbreviated TPNW), which touches upon the very aim of the treaty: the total and irreversible elimination of nuclear weapons. The Treaty aims at achieving ‘a word free of nuclear weapons’, but how is such an ambitious goal going to be achieved? The Nuclear Ban Treaty lacks specificity exactly in the area of verification, namely, it fails to appoint an international competent authority to ensure the effectiveness of the treaty under article 4 TPNW. This paper analyses the best international alternatives to police the verification regime under the Treaty and provides a framework for the designation of the most suited institution, looking at their expertise, mandate, funding and degree of potential political backlogs.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131243411","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 Future of European Integration. Four Roundtables in Honour of L.W. Gormley","authors":"Maximilian Fenner","doi":"10.37974/ALF.333","DOIUrl":"https://doi.org/10.37974/ALF.333","url":null,"abstract":"On April 5th, 2019 “The Future of European Integration and the Internal Market: Four Roundtables in Honour of L.W. Gormley” took place in the beautiful Van Swinderen Huys around the corner from the iconic main building of the University of Groningen. It was co-hosted by the VU Interdisciplinary Centre for European Studies.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126722070","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":"Jurisdiction of Parent Companies’ Home State Courts over Foreign Subsidiaries Abroad: A Comparative Approach between the Netherlands and the United Kingdom","authors":"C. Mandap","doi":"10.37974/ALF.331","DOIUrl":"https://doi.org/10.37974/ALF.331","url":null,"abstract":"With the increasing trend on liabilities of multinational corporations through foreign direct liability claims, more and more cases are brought before the home state courts of parent companies. In such cases, the victims abroad would aim to bring litigation against both the subsidiary company which operations caused the damage to the victims, and the parent company which arguable owes a duty of care towards its subsidiary. Therefore, a case in tort of negligence is filed against both defendants before one and the same court, the home state’s court. Against this backdrop, the initial hurdle faced by the plaintiffs/claimants are issues regarding the jurisdiction of the court. This is particularly difficult when the defendant is a subsidiary based abroad, the plaintiffs are based abroad and the damage is abroad. This paper analysed the approach of the courts in the Netherlands and the United Kingdom based on existing and most recent case laws on the topic along with the applicable private international law, such as the Brussels I Recast Regulation that is binding on all European Union (EU) Member State.","PeriodicalId":243475,"journal":{"name":"Amsterdam Law Forum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116526210","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}