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Copyright and Generative AI: Insights from the Project on the Right to Research
Get PDFWith the widespread launch of “generative AI” technology capable of creating music, art and text that could potentially substitute for the work of human creators, policy makers around the world are highly focused on how and whether copyright law should change in response. This paper summarizes results from studies that have been commissioned as part of the Project on the Right to Research in International Copyright coordinated by American University’s Program on Information Justice and Intellectual Property. That project focuses on uses of copyrighted works in text and data mining technology by scientific researchers. The same text and data mining research methods are used as critical inputs in generative AI applications. Accordingly, policymakers need to mindful of the overlapping uses less policy responses to one problem (promoting creativity) cause another (restriction of research methods)
The Court and the Private Plaintiff
Get PDFTwo seemingly irreconcilable story arcs have emerged from the Supreme Court over the past decade. First, the Court has definitively taken itself out of the business of creating private rights of action under statutes and the Constitution, decrying such moves as relics of an “ancient regime.” Thus, the Supreme Court has slammed the door on its own ability to craft rights of action under federal statutes and put Bivens, which recognized implied constitutional remedies, into an ever-smaller box. The Court has justified these moves as necessary to keep judges from overstepping their bounds and wading into the province of the legislative branch. Federal judges, we are told, should not be in the business of creating private rights of action. It is for Congress, not courts, to “weigh and appraise” the costs of imposing “new substantive legal liability,” and “the proper role of the judiciary” is to “apply, not amend, the work of the People’s representatives.
Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization
Get PDFRental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Marketsensitive and nuanced rent stabilization laws have reemerged at the state and local level as a viable policy option to help regulate escalating rents and prevent tenant displacement. These laws, when well drafted, can address outdated critiques of strict rent caps and can complement alternative approaches, like those of the politically popular Yes In My Backyard (YIMBY) movement, which advocates for reducing regulatory barriers to new housing development.
While historically the province of state and local governments, this Essay argues that there is a robust role—on both the legislative and executive fronts—for federal involvement in the implementation of rent stabilization nationwide. The Essay critiques the recently released White House Blueprint for a Tenant Bill of Rights as largely illusory, examines historical precedent for congressional authorization of rent regulation and, short of action by Congress, considers how the President could leverage federal financial assistance and fair housing law to provide incentives for states and localities to pass rent stabilization laws
Discussant Commentary on the Twenty-Fourth Annual Grotius Lecture
Get PDFI express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”
Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s inclusion in the field of international law. That is great news, but there is a long way to go. The progress being made has to be nurtured, expanded, and protected. I want to start off by congratulating the 2022 Grotius lecturer and thanking her personally, and her whole generation of feminist international lawyers around the world, for working so hard to increase the representation of women in international law and for creating space for many of us within the discipline
Introduction to the International Law Comission\u27s Work on Sea Level Rise in Relation to International Law
Get PDFThank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda Santaloria together with Yacouba Cissé, the five proponents of this topic included on the agenda of the International Law Commission. Because the time is very limited—this means that, together with Nilüfer, we have 15 minutes, that means seven minutes and a half for each of us—so our presentation cannot be exhaustive, from an objective point of view. Therefore, I will be, and Nilüfer I think as well, very telegraphic in our presentations
Ambulatory Versus Fixed Baselines Under the Law of the Sea
Get PDFWhen “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.
Having said that, there are some areas where existing international law is not adequate, or is not obviously adequate, to resolve the issues that we are confronting. Certainly, the issue that Professor Juan José Ruda Santolaria was addressing, specifically the potential loss of statehood, presents a unique scenario where existing international law is unclear. Yet it is also difficult to know how best to propose new international law on that issue, given that there are so many different factual scenarios that might play out in the years to come.
So, in addressing whether contemporary international law is adequate or not for addressing sea-level rise, much depends on the issue at hand. With that broad point in mind, I will address the issue of baselines (and consequential maritime entitlements) in relation to sea-level rise, as was foreshadowed by Judge Maria Teresa Infante. She set me up as though I was going to solve this problem, which of course I will not be able to do! That said, I will echo some of her very thoughtful comments and try to move the conversation along a bit. This discussion, of course, relates as well to that of yesterday’s session
Approaches to Sea Level Rise: A Comparative View of Emerging Policy Responses by the African and the American Regions
Get PDFIt is a great privilege to be here with all of you tonight. Thank you very much to you, Professor Grossman, the moderator of this panel, and to all the organizers for inviting me to be part of this really important event. I hope this is the first of many such events concerning this really pressing issue for the international community: the issue of sea level rise which is already affecting peoples and States in many different regions of our world
Opening Speech
Get PDFGood morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of utmost urgency. In the past few years, various substantive ideas have been developed regarding this pressing problem, this existential problem, in relation to international law. However, there is still much to do. Needless to say, this conference is an important venue for the discussion of this challenge and to contribute with further analyses, including the role that international law could play, and creating a space for the further consideration of this topic in the Americas
Introduction to the International Law Commission\u27s Work on Sea Level Rise in Relation to International Law
Get PDFBOGDAN AURESCU:
Thank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda Santaloria together with Yacouba Cissé, the five proponents of this topic included on the agenda of the International Law Commission. Because the time is very limited—this means that, together with Nilüfer, we have 15 minutes, that means seven minutes and a half for each of us—so our presentation cannot be exhaustive, from an objective point of view. Therefore, I will be, and Nilüfer I think as well, very telegraphic in our presentations.
NILÜFER ORAL:
Thank you so much Bogdan, and you did very well on the time; there is so much information in those eighty pages to summarize. But first of all, greetings to all. I also have to extend my very sincerest appreciation and thanks to our hosts, and especially to our dear friend and colleague, Professor Claudio Grossman. He always does things with great panache, and this is really a fantastic organization
Algunas reflexiones Sobre la Condicion de Estado en Relacion con la Elevacion del Nivel del Mar
Get PDFEstimados amigos y amigas:
Deseo, en primer lugar, agradecer a los promotores de esta iniciativa por su amable invitación y compromiso con el tratamiento de la importante temática que nos convoca. Al mismo tiempo, quiero destacar mi satisfacción por participar en esta actividad y hacerlo además con personas muy valiosas, por quienes siento especial aprecio, así como recalcar que voy a compartir con ustedes algunas reflexiones sobre la condición de estado en relación con la elevación del nivel del mar de carácter personal, es decir, que no comprometen a la Comisión de Derecho Internacional de las Naciones Unidas y son todavía muy preliminares