AJIL Unbound最新文献

{"title":"The Critical Subject and the Subject of Critique in International Law and Technology","authors":"G. Gordon, Rebecca Mignot-Mahdavi, Dimitri Van Den Meerssche","doi":"10.1017/aju.2023.20","DOIUrl":"https://doi.org/10.1017/aju.2023.20","url":null,"abstract":"The making of legal subjects has long been a crucial terrain for critical theory, also in relation to international law, where both emancipatory promises and expressions of power or discipline are tied to how subjects are recognized and enacted. International law's modes of subject-making have therefore been an important site of aspiration, struggle, and critique. While some have celebrated the rise of the individual on the stage of international law, the liberal ideal of legal and political subjectivity lingering in these celebratory accounts has been confronted by different strands of feminist, post-colonial, and Marxist critique. With proliferating use of digital technologies in practices of (global) governance, the making of legal subjects has taken novel forms. Big data manufacture subjects in ways that spark new legal anxieties and destabilize or problematize established patterns of critical engagement. In data-driven practices that we will describe, subjects are no longer exclusively enacted as abstract autonomous entities or classified along stable criteria (of difference or enmity). Sustained by tools of pattern recognition and technologies for the “unsupervised uncovering of correlations,” nascent forms of global governance by data produce subjects as transient clusters of attributes and data points within transient clusters of attributes and data points—bundles of vectors within vectors, only tentatively and temporarily tied together. In this essay, we map out how this mode of subject-making has become prevalent in different domains of international legal practice. We trace these dynamics to changes in the exercise of state sovereignty and the technoscopic regimes—assemblages for information flow, processing, retention, and surveillance—that states rely on.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"134 - 138"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46668385","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 Economy and National Security: Contextualizing Cybersecurity-Related Exceptions","authors":"Shin-yi Peng","doi":"10.1017/aju.2023.18","DOIUrl":"https://doi.org/10.1017/aju.2023.18","url":null,"abstract":"This essay addresses the challenges of the digital economy in the context of cybersecurity threats that have growing implications for national security. It analyzes cybersecurity-related exceptions to international trade rules to explore whether and how these exceptions protect the state's digital policy space. The essay argues that the pre-digital era exceptions to trade rules are too narrowly framed to address cybersecurity concerns. This is in contrast to trends in the new generation of international trade agreements that create expansive security exceptions that are designed to reset the balance between international trade and national security. These new approaches must, however, be carefully guarded against potential abuses.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"122 - 127"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41436258","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":"Deterring Digital Trade Without Discrimination","authors":"S. Evenett, Johannes Fritz, Tommaso Giardini","doi":"10.1017/aju.2023.15","DOIUrl":"https://doi.org/10.1017/aju.2023.15","url":null,"abstract":"Commercial activity and regulatory oversight of the digital economy are growing apace. This essay argues that regulatory heterogeneity can deter digital trade without discrimination. Domestic policies that are not discriminatory can still result in fragmentation of the global digital economy, if sufficiently heterogeneous. We find that rules at the World Trade Organization (WTO) and in digital trade agreements offer important directions but insufficiently mitigate heterogeneity. We suggest that heterogeneity should be addressed through the progressive expansion of international trade law. We emphasize the importance of encouraging regulatory coherence and pre-empting the formation of digital blocks.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"104 - 109"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44089915","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":"Introduction to the Symposium on Digital Trade","authors":"Anne van Aaken","doi":"10.1017/aju.2023.13","DOIUrl":"https://doi.org/10.1017/aju.2023.13","url":null,"abstract":"Many people around the world are now digital natives. Our daily life is becoming ever more digitalized—and this digital revolution has also fundamentally changed international trade over the past decades. With one click, one can purchase goods thousands of kilometers away. And in services, immediate, ongoing international collaboration through web platforms, telecommunication, or transborder e-payment are becoming standard now. These new digital technologies offer new opportunities, especially for developing countries that seek to integrate themselves into global value chains, but they also pose considerable risks for human rights, including inequality between people and countries as well as for national security. Adapting trade law to the new digital world is just one challenge of rapid technological development and is the theme of this AJIL Unbound symposium. This symposium addresses the questions of what digital trade is; how existing trade law covers it and what challenges arise from the current legal norms; and how digital trade rules account for national security and human rights concerns as well as inequality and developmental concerns of the Global South. It discusses how one should approach the delicate interlinkages between trade, technology, human rights, development, and security. Digital trade cannot be seen in isolation from other concerns such as human rights or geopolitics. It is a crucial component of a bigger package of rapid changes, technological and otherwise, facing the world. As the United Nations (UN) Secretary-General has warned: “The world is at a critical inflection point for technology governance.”1 Digital trade law can help to find suitable solutions for the problems facing the world, or it can hinder them. The UN High-Level Panel on Digital Cooperation has identified many challenges on how to adapt to the new digital world, pertaining to inclusivity, human and institutional capacity building, human rights and human agency protection, promoting trust in digital technology, security and stability, and fostering global digital cooperation.2 The 2024 UN Summit of the Future aims at finding ways to achieve a just digital transition that unlocks the value of data and protects against digital harms. The UN High-Level Advisory Board on Effective Multilateralism, as a preparatory Board for the Summit, has formulated several priorities: strengthening public capacities to adequately participate and regulate in the digital age; ensuring that the benefits of digital innovation are more widely shared; improving digital literacy; preventing digital harms; securing human rights online; and creating adequate data governance. As the Board has stressed: “The wealth and safety of nations over the next century may well depend on our ability to unlock data’s potential in fair, equitable, and safe ways.”3","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"94 - 98"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44172542","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 Trade, Development, and Inequality","authors":"María Vásquez Callo-Müller, Kholofelo N. Kugler","doi":"10.1017/aju.2023.17","DOIUrl":"https://doi.org/10.1017/aju.2023.17","url":null,"abstract":"The links between and among digital trade, development, and inequality are multifaceted and ever evolving. They depend on what is understood as development and as inequality, concepts that transcend the North-South divide, and the fora in which these issues arise. Conceptually, development and inequality are intrinsically intertwined as the measures to address both are often complementary or even the same. In this essay, we consider development and inequality as pertaining to the ability of developing countries and least-developed countries (LDCs) to shape and participate in the digital economy, and particularly, the regulatory framework for digital trade. We explore how the relationships between digital trade, development, and inequality are addressed in the main venues for digital trade rulemaking: the World Trade Organization (WTO) and Preferential Trade Agreements (PTAs). We then examine two contentious issues in digital trade: the customs duty moratorium and data governance.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"116 - 121"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56958277","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":"What Are Digital Trade and Digital Trade Law?","authors":"Mira Burri, Anupam Chander","doi":"10.1017/aju.2023.14","DOIUrl":"https://doi.org/10.1017/aju.2023.14","url":null,"abstract":"Digitization has greatly expanded the scope of trade, and with it the scope of trade law. But the regulatory framework, although growing in bilateral and regional fora, is highly dynamic and remains fragmented, increasing the challenges facing digital trade law.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"99 - 103"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42936414","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 Trade Law and Human Rights","authors":"Mira Burri","doi":"10.1017/aju.2023.16","DOIUrl":"https://doi.org/10.1017/aju.2023.16","url":null,"abstract":"Trade and human rights have had a complex and contentious relationship. While trade experts assume that human rights and trade law are mutually supportive, human rights lawyers have seldom shared this opinion. Rather, they argue that across different contexts, such as climate change, culture, and development, the hard rules of international trade law focus almost exclusively on economic values and sideline human rights. This essay seeks to shed more light on these interfaces, focusing particularly on the tensions between trade law and the first generation of human rights, like privacy and free speech, that have been rarely discussed so far. It also addresses a gap in the literature on international economic law and human rights with respect to the impact of digitization. In particular, the essay focuses on the human rights implications of digital trade rulemaking, as a relatively new and dynamic subset of international trade law.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"110 - 115"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42374178","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":"Looking to the Horizon: The Meanings of Reparations for Unbearable Crises","authors":"Sarah Riley Case","doi":"10.1017/aju.2023.4","DOIUrl":"https://doi.org/10.1017/aju.2023.4","url":null,"abstract":"Harms that arise from climate catastrophes deepen already unbearable forms of racial oppression. Both can be traced to accumulative ways of life that justified slavery and colonialism, which shifted into new forms of hegemony under liberal international law. A growing response has been to demand reparations. However, the meanings of reparations are vast and sometimes counterintuitive. This essay reflects on reparations claims emanating from the Caribbean, as one place where race and ecology converge. The Caribbean was forged by Indigenous genocide, the enslavement of African peoples, and the indentured labor of Asian peoples. Today, descendants in the region face subordination under liberal international law and climate catastrophes. Such conditions reveal that reparations are foremost a horizon of transformation away from accumulative ways of life that spread from Europe to the world, structuring the present reality. “Reparations” also refers to immediate justices that meet the demands of those who are harmed, because this prefigures the horizon of transformation by disrupting imperialism. These qualities dispel racializing critiques from the First World that reparations are irrational, or constitute politics separate from law. Reparations can enact legal relations that are meaningful to those “on the bottom,” and emancipatory for everyone, when communities and social movements define them.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"49 - 54"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45379603","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":"International Law, Race, and Capitalism: A Marxist Perspective","authors":"R. Knox","doi":"10.1017/aju.2023.5","DOIUrl":"https://doi.org/10.1017/aju.2023.5","url":null,"abstract":"The Marxist tradition is a crucial voice in the global anti-racist movement. Marxists were at the forefront of the anti-colonial and anti-imperialist movements, with those movements taking up Marxist concepts and deploying them to understand capitalism, race, and colonialism. Yet, these Marxist voices did not reflect systematically on international law. This essay attempts to remedy this neglect and understand what anti-racist and Third Worldist Marxists can offer international legal thought. It begins with a discussion of the typical (liberal) approach to racism in international law. It then explores how Marxists have understood the relationship between racism and capitalism, arguing that this fundamentally impacts upon international law. The essay concludes with an exploration of how these dynamics have played out in international law.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"55 - 60"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48361716","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":"Introduction to the symposium on Race, Racism, and International Law","authors":"E. Achiume, J. Gathii","doi":"10.1017/aju.2023.1","DOIUrl":"https://doi.org/10.1017/aju.2023.1","url":null,"abstract":"In","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"26 - 30"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48306165","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}