1,720,961 research outputs found
Removing Terrorist Content Online
No full textThe use of artificial intelligence to remove so-called terrorist content from online platforms, is the object of this chapter. As a first step, the analysis identifies the complex and tangled relationship between different levels in regulating the issue. In doing so, the author notes that the United Nations’ role seem to be particularly unclear and major international initiatives – as the Global Internet Forum to Counter Terrorism – aimed at managing the challenge of terrorist content online are characterized by a lack of democratic architecture and even of transparency as regards its governance and activities. As a consequence, the removal of “dangerous” content is often left to voluntary, informal and unregulated partnerships between the public and the private sector. As a second point, the analysis remarks that regional organizations – first of all, the European Union – are taking steps to try to regulate these partnerships, but the outcome is characterized by several drawbacks, both in terms of human rights protection and institutional issues. Ultimately, the chapter assesses these challenges through the lenses of constitutional law and argues in favor of a more pronounced role of international and regional bodies, which avert excessive informality and privatization in such a sensitive field
Between Two Courts and a Hard Place: Constitutional Hierarchy and Safeguarding Human Rights Protection in the European Legal Space
No full textTwo postnational legal regimes have claimed jurisdiction over human rights law in
Europe. First, the European Court of Human Rights (ECtHR) enforces the European
Convention on Human Rights and Fundamental Freedoms (ECHR) across the Council of
Europe (CoE) and its 47 State Parties. Second, the European Court of Justice (ECJ,
sometimes known as the CJEU) enforces the European Treaties and the EU Charter of
Fundamental Rights (CFR) ¿ loosely based on the ECHR, but different in significant
respects ¿ across the European Union (EU) and its 28 Member States. Given that all 28 EU
Member States are also State Parties of the CoE, they can access both the CFR and ECHR
and are subject to the jurisdiction of both the ECJ and the ECtHR on matters of rights
interpretation.
This complex legal order, which lacks formal constitutional hierarchy, risks
incoherence in the interpretation and application of human rights law. First, the structure of
these supranational courts lends itself to potentially conflicting case law. That is, the various
sources of rights and legal foundations applicable to EU citizens, which have overlapped to
create a confusing scheme of fundamental rights, might not be interpreted uniformly to
share the same set of standards for protection. This structural condition is made especially
complex by the fact that the EU (as a supranational institution) is not a State Party to the
CoE and the ECHR, so that even though all EU Member States are subject to the
jurisdiction of the ECtHR, the EU itself is not. This leads to a second problem: that the EU
is not held accountable by an external adjudicator for its own human rights violations and
that Member States risk an unfair legal burden where they are obliged to uphold the ECHR
even as they implement EU law, which might violate the ECHR.
This thesis uses case law to analyze the complex relationship between the ECJ and
ECtHR as part of a larger understanding about the ways constitutional hierarchy can
safeguard rule of law and human rights protection. It describes the history and functionality
of both legal orders and courts, develops a framework for where one would expect to see
institutional gaps and contradictions resulting from the lack of hierarchy, and analyzes the
case law to point out where these gaps and contradictions exist in reality. Ultimately, it shows
that a system with no clear hierarchies is an inadequate safeguard against conflicts in human
rights law and incorrect placement of accountability for human rights violations. This thesis
also examines the formal harmonization of this system through EU accession to the ECHR
and describes why accession would close many of these gaps. It analyzes the ECJ¿s recent
decision in Opinion 2/13 ¿ which rejected a draft agreement for the EU to accede to the
ECHR ¿ as a major disruption to the political harmony and comity that has previously
existed between the two courts. Finally, this thesis situates this problem within a larger
normative framework, using the European legal space as an example of the need for
constitutional hierarchy in promoting rule of law and the long-term protection of human
rights
The Aporia of Asylum: A Legal and Philosophical Study of the Italian and French Refugee Protection Regulations in the ‘European Migrant Crisis’
No full textWe Don't Own Anything: An Investigation of How American Settler Ideologies Enabled Decolonial Resistance in Puerto Rico and Hawai'i
No full textWhen analyzing the impact of Western colonialism, it is natural to take a historical approach and study the dynamics of core and periphery produced by centuries of European invasion upon Asia, Africa, and the Americas. Yet, colonialism is not an artifact; the domination of modern empires can be observed globally in commonwealths and territories today. In focusing on the present occupation of Puerto Rico and Hawai'i by the U.S., I will develop a framework of analysis that puts legal pluralism into conversation with scholarship on settler colonialism, thus articulating that modern day colonialism still attempts to define race talk, but counterintuitively, cultivates space for active decolonization and resistance to empire
The Aporia of Asylum: A Legal and Philosophical Study of the Italian and French Refugee Protection Regulations in the ‘European Migrant Crisis’
No full textClicks or Pulitzers? Web Journalists and Their Work in the United States and France
No full textThis study examines the process of quantification taking place in web journalism. The internet is transforming journalism in many ways. Yet one of the most fundamental differences between print and online news is the multiplication of internet metrics: web journalists now receive a constant stream of quantitative information about the online popularity of their work.
Does quantification always foster standardization? This dissertation argues instead that metrics take on radically different meanings when they travel between countries. Focusing on the case of online news, I compare the reception of web analytics in two countries, the United States and France, which have different journalistic traditions and relations to market forces.
Drawing on ethnographic analysis of a pair of news websites in the United States and France, as well as additional qualitative and quantitative material, I find that web journalists in both countries are faced with conflicting definitions of journalistic value. Traditional "editorial" evaluation based on original reporting and peer judgment is at odds with "click-based" evaluation, which focuses on the number of page views.
In spite of these commonalities, American and French journalists manage the tension between qualitative and quantitative evaluations in different ways. At the U.S. website, journalists distinguish sharply between editorial and click-based modes of evaluation and keep them separate in their daily work. In contrast, LaPlace's journalists constantly switch back and forth between qualitative and quantitative criteria of value. These different organizational styles manifest themselves in each website's editorial formats, newsrooms routines, and compensation practices.
These differences between the American and French news organizations can usefully be analyzed as distinct "arrangements" between modes of evaluation. Such arrangements stem from the respective trajectories and structures of the American and French journalistic fields. The American journalistic field has a long history of strong market forces, professionalization, and marked specialization. These features emerged more recently in the French journalistic field.
Growing economic pressures in the form of "clicks" affect American and French web journalists in different ways, with important effects on the content of online news in the two countries. This dissertation thus underscores how American and French journalists actively reproduce national differences at a time of economic and technological convergence
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Restoring Democracy Through International Law
No full textGrotius Lecturer Professor Kim Lane Scheppele of Princeton University and Distinguished Discussant Former Chief Justice Manuel José Cepeda Espinosa of the Constitutional Court of Colombia provided the Twenty-Fifth Annual Grotius Lecture on Wednesday, March 29, 2023, at 5:00 p.m
Restoring Democracy Through International Law
No full textGrotius Lecturer Professor Kim Lane Scheppele of Princeton University and Distinguished Discussant Former Chief Justice Manuel José Cepeda Espinosa of the Constitutional Court of Colombia provided the Twenty-Fifth Annual Grotius Lecture on Wednesday, March 29, 2023, at 5:00 p.m
Restoring Democracy Through International Law
Get PDFGrotius Lecturer Professor Kim Lane Scheppele of Princeton University and Distinguished Discussant Former Chief Justice Manuel José Cepeda Espinosa of the Constitutional Court of Colombia provided the Twenty-Fifth Annual Grotius Lecture on Wednesday, March 29, 2023, at 5:00 p.m
Colonial Legacy and Administrative Memory: The Legal Construction of Citizenship in India, Israel and Cyprus
No full textThis dissertation explains how British colonial legacies of population classification and surveillance molded the legal construction of citizenship in independent Israel, India and Cyprus. The administrative practices of the colonial state, particularly emergency laws and security measures, created an institutional iron cage that shaped the relationship between the state apparatus with national and ethnic minorities, by organizational means.
India, Cyprus, and Israel were part of the British Empire and shared a common legal framework, administrative structures, and toolkit of governance. In each of these territories, the trajectory of partition divided once colonized populations among different states; hence classification of populations into ethnic and religious categories was central to the processes of post-colonial state building. This study examines how each of these states used its administrative inheritance to deal with the movement of populations within new boundaries.
Methodologically, this dissertation investigates regime change, the transition from colonial rule to independence, from a perspective rarely studied: the daily and mundane bureaucratic practices and internal administrative negotiation reflected in administrative minutes, statistical tables and maps, for classifying populations. Drawing upon previously unexplored files from ministries of interior, the concentrated effort on legacies of organizational routines, which I call administrative memory, contributes new insights into the making of discriminatory practices of exclusion against minorities employed by democratic states, that is usually justified by a set of particular political, national or religious conflicts that are said to necessitate these practices.
Emergency laws in the colonies gave powers to officers to use extreme measures, but never specified against which populations these tools could be used. In order to turn the emergency laws into administrative practice, population had to be categorized on two axes: demographic traits such as religion, language, gender and class and administrative relationship to the state, namely, patriot, suspect, security threat or enemy-of-the state. Findings explain how practices of classification and data collection about civil populations, employed by modern states, turned into practices of surveillance and monitoring populations according to the level of loyalty to the state. In turn, these classifications based on suspicion, determined the access minorities had to identity documents, freedom of movement and eventually, political membership and rights
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