Skidaway Institute of Oceanography
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Should Congress (Or, for that Matter, a New Federal Authority) Regulate Social Media?
Get PDFThere has been considerable controversy regarding the ills of social media platforms. In addition to disinformation, those platforms can contain obscenity, child pornography, and even terroristic speech. This Article examines whether Congress should directly regulate social media content, or whether it should create a new social media regulatory authority
Can the Automated State Be Trusted? The Role of Rule of Law Safeguards for Governing Automated Decision-Making and Artificial Intelligence
Get PDFThe goal of this Article is to take a broader perspective on the lessons which can be learned from the implementation of automated decision-making in the public sector—specifically in regard to how procedural rule of law mechanisms can make such projects trustworthy. The underlying idea behind this Article is to posit the debate about the ADM within the context of rule of law as a key notion in liberal democracies. At the same time, we rely on a law and political economy framework. We look through the lens of power relations and assess to what extent selected procedural solutions governing ADM systems in the public sector support democratization and equality. Our paper is case-specific but aims to offer broader lessons. It takes as a point of departure the Random Allocation of Cases System implemented in Poland and aims to show that the lessons learned from this case have more universal character. Indeed, the case from Poland is useful to demonstrate that specific safeguards and measures concerning transparency and accountability of ADM should not be perceived separately from the broader regulatory context.
The text consists of five Parts. In Part II we briefly indicate the significance of procedural rule of law safeguards and their importance for trustworthiness of the state. In Part III we describe our case study, RACS, used in Poland for allocating cases to judges. In Part IV we provide an overview of lessons that can be learned from the implementation of RACS in regard to the significance of more general procedural rules which are crucial for ensuring trustworthy implementation of AD
Judicial Review of Coronavirus Measures in the United Kingdom and France
Get PDFThis Article examines the executive measures taken during the coronavirus pandemic and the challenges brought against them before the courts. Adopting a comparative law perspective by contrasting the U.K. and France, the authors compare the principles applied by the courts, the degree of intensity of judicial review, and the deference afforded to public authorities often acting in haste to respond to the public health threat of the pandemic. While it is not easy to explain those differences, institutional, procedural, and socio-legal factors may play a role
What Figures Lurk On Madame Elysé’s Path? Reflections On Philippe Sands’ The Last Colony
Get PDFOne person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, and the emancipatory potential of the author’s telling of the story of the Chagossian woman he most often calls Madame Elysé
Supporting International Students during Challenging Times
Get PDFTips and best practices for law libraries working with international students
The Creation of a Climate Club for a Sustainable Economic Future: The Role of International Economic Law Amidst Geopolitical Confrontation
Get PDFAs of late July 2023, the month of July 2023 had become the hottest month ever recorded in history. Heads of the governments of small island states have been outspoken about the existential risk their countries face due to rising sea level as a consequence of climate change. Wildfires are more frequent and more negatively impactful than ever before in different parts of the world. It is no wonder that sustainability has become a buzz word in the media, and policymakers all over the world are, more than ever, focusing on trying to achieve a sustainable future.
A sustainable global economy means providing good quality of life for everyone, keeping our planet clean and safe by tackling climate change, and having good-quality trading goods, such as agriculture, oil, and minerals. But how can the European Union (EU) and international law promote a highly sustainable global economy? How can EU countries and others ensure a sustainable global economy?
This article has four sections. Section 1 proposes a climate club for a sustainable economic future. It challenges the view that trade’s only impact on the environment is negative. It takes the unconventional view that the trading system goes beyond benefiting the economy and society in that it can also contribute to environmental protection, with a specific focus on decarbonization. This section proposes a paradigm shift in how we approach trade and develops a new theory based on the triple benefit of trade—economic growth, climate change mitigation, and enhancement of energy security. This section incorporates the current trend of bottom-up, rather than top-down, solutions to today’s global challenges. It investigates how trade agreements may be more effective legal instruments than environmental agreements for environmental-protection purposes, a possibility that is both counter-intuitive and surprising, and identifies opportunities to promote sustainable energy and environmental protection in future trade agreements.
Section 2 aims to explore the concept of a climate club linked to the international trade regime and proposes a strategy for its implementation the Group of Twenty (G20) framework. Section 2 examines the relevance of this proposal to Saudi Arabia, who is a member of the G20 and a participant in Mission Innovation. Saudi Arabia is one of the world’s largest oil producers and exporters, facing both opportunities and challenges in transitioning to a low-carbon economy. Saudi Arabia has expressed its commitment to diversifying its economy, reducing its dependence on oil revenues, and contributing to global efforts to combat climate change. However, Saudi Arabia also faces resistance from some of its trading partners who may perceive its climate policies as a threat to their energy security or competitiveness. Therefore, Saudi Arabia can benefit from joining a climate club that can provide it with access to new markets, technologies, and financing for its green transition.
Section 3 analyzes the Saudi Green Initiative (SGI), launched by Saudi Arabia’s Crown Prince and Prime Minister Mohammed bin Salman in March of 2021.The SGI is a comprehensive plan to combat climate change and promote sustainable development. The initiative aims to reduce carbon emissions, increase the use of renewable energy, and protect natural resources in the Kingdom of Saudi Arabia. While the initiative has been praised for its ambitious goals, it has also faced criticism and skepticism from various quarters, which will be analyzed in Section 3.
Section 4 explores the Saudi National Renewable Energy plan that is being implemented by the Saudi Government. This plan and the policy avenues mentioned in the previous paragraphs will be instrumental for a future EU trade law and policy in its bilateral relations with the Gulf Cooperation Council in the context of sustainability
Testing the Limits of Virtual Compliance: Website Accessibility, Tester Plaintiffs, and Article III Standing Under the ADA
Get PDFFederal courts have split in determining whether “tester” plaintiffs bringing suit under the ADA assert the requisite injury in fact necessary for Article III standing. These “website accessibility testers” allege that defendants’ websites do not make certain information available to disabled persons in violation of Title III of the ADA and one of its implementing regulations. This split presents an excellent opportunity to clarify which informational and stigmatic harms qualify as injuries in fact for Article III standing purposes. This Note argues that ADA website accessibility testers cannot obtain standing under current law. Neither the text of the ADA nor the Supreme Court’s recent standing decisions support standing for website accessibility testers. However, this Note also suggests that a statutory addition to the ADA in the form of a qui tam provision may provide a legislative workaround that would enable testers to proactively enforce Title III
