AJIL Unbound最新文献

{"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}

{"title":"Anti-Racism at the United Nations","authors":"E. Achiume, Gay McDougall","doi":"10.1017/aju.2023.11","DOIUrl":"https://doi.org/10.1017/aju.2023.11","url":null,"abstract":"Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional innovations and their connection with older mechanisms and milestones. From our experience within this architecture, we reflect on shortcomings and dysfunctions that are built into it, and discuss pressing threats and challenges. We highlight the twenty-year-long, unprincipled opposition of members of the Western Europe and Other States Group (WEOG) within the United Nations to the Durban Declaration and Programme of Action (DDPA), which they have used to block progressive efforts to dismantle contemporary and historic racial injustice. We also highlight recent successes within the architecture, noting remarkable, if tenuous, shifts in the normative framing of racism and racial injustice at the United Nations.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"82 - 87"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43530324","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":"Slavery's Afterlives: Humanitarian Imperialism and Free Contract","authors":"Vasuki Nesiah","doi":"10.1017/aju.2023.7","DOIUrl":"https://doi.org/10.1017/aju.2023.7","url":null,"abstract":"In 1833, slavery was abolished across the British Empire, but its specter continued to haunt the new labor regimes inaugurated in slavery's wake. While much of the analysis of these dynamics focuses on the triangular trade in the Atlantic, this essay focuses on the Indian Ocean. Slavery was largely replaced by indentured labor in the Indian Ocean world, marking a historically significant shift in the political economy of empire, the legal architecture of labor, and the discourses through which the imperial racial capitalist system was legitimated and contested. In the decades that followed, labor became incorporated into market institutions that continued into the post-colonial era. Yet, today, almost two hundred years later, slavery's spectral presence continues to inhabit international labor policy. I argue that the reference to slavery was incorporated into discourses of protection and free contract in ways that sought to sanitize and rationalize regimes of indenture and wage labor in the Indian Ocean world. Thus, paradoxically, slavery is often invoked in ways that are disconnected from its own material history. This essay seeks to trace the persistence of that double move of invocation and disconnection as itself symptomatic of the past in the present. In the context of the nineteenth century labor regime transitions, we might describe imperialism, humanitarianism, and capitalism as having a Weberian relationship of “elective affinities.” Slavery's haunting of the political and normative imagination of alternative labor systems encapsulated those affinities by fusing the denunciation of slavery with the promise of protection and profit, redeeming humanitarian imperialism and commodified labor.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"66 - 70"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41335941","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":"Pauli Murray: Human Rights Visionary and Trailblazer","authors":"D. E. Johnson, C. Powell","doi":"10.1017/aju.2023.3","DOIUrl":"https://doi.org/10.1017/aju.2023.3","url":null,"abstract":"While other scholars have discussed Dr. Pauli Murray's remarkable contributions to race and sex equality law,1 few, if any, have placed her contributions within the context of the broader tradition of human rights law. And yet, she identified herself specifically through this lens, using the terminology and law of human rights, in part shaped by her friendship with First Lady Eleanor Roosevelt, a delegate to the UN Drafting Committee for the Universal Declaration of Human Rights (UDHR).2 This essay addresses a lacuna in legal scholarship by exploring the ways in which Murray's work fits into the Black intellectual tradition concerning the human rights idea. It also seeks to provide a greater understanding concerning contributions to human rights (and more broadly, international law) made by Howard University School of Law, where she attended law school and one of us is on the faculty. Among other linkages, Clarence Clyde Ferguson, a dean of Howard Law School and former ambassador, was the first Black president of the American Society of International Law.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"37 - 42"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49160477","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}