| 1. |
- Arvidsson, Matilda, 1976, et al.
(author)
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Artificial Intelligence, Decision Making and International Law
- 2023
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In: Nordic Journal of International Law. - 0902-7351. ; 92:84, s. 1-8
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Journal article (other academic/artistic)abstract
- The question how artificial intelligence (AI), including machine learning (ML), impacts on law in general, and on international law in particular, has gained more and more traction in recent years. Ensuing debates have mainly homed in on threats and opportunities posed to law by this technology, and remained on a rather abstract level. Our text gives an introduction to the field of AI, decision making and international law, narrowing our focus to what we see as a critical area of empirically grounded and granular research in AI, decision making and international law. The overarching question for the special issue of which this text is an introduction to, is how AI, including AI-supported and automated decision making, might impact on decisions we take in international law. This allows us to track how technologically induced practice makes its way into domestic law, and, potentially, from there onwards into international law. Our text sets out some core tenants of this field, and argues that more nuanced and empirically grounded inter- and intra-disciplinary is needed in order to respond to contemporary questions and concerns of AI, decision making and international law
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| 2. |
- Arvidsson, Matilda, 1976, et al.
(author)
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Decision Making in Asylum Law and Machine Learning: Autoethnographic Lessons Learned on Data Wrangling and Human Discretion
- 2023
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In: Nordic Journal of International Law. - 0902-7351 .- 1571-8107. ; 92:1, s. 56-92
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Journal article (peer-reviewed)abstract
- This article avails an autoethnography of the authors’ attempt to construct a post hoc intervention machine learning (ML) system responsive to the problem of discrimination in asylum law decisions. In the article we revisit the conjunction of law as a slow hermeneutic, against the fast-paced pull of AI and commercial imperatives to ask whether a ML-driven post hoc intervention system such as the one set up in the research project, reduces the overall risk of discrimination emerging from human discretion in legal decision making on asylum. We conclude that a ML-driven ‘antidiscrimination machine’ will displace rather than reduce that overall risk. We warn that similar attempts at using ML as part of legal decision making, decision support, and post hoc interventions, in international law and beyond, may need to take seriously the risks of human discretion embedded in ML design and data selection.
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| 3. |
- Beard, Jennifer, et al.
(author)
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Parrhesia and credibility: the covereign of refugee status determination
- 2009
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In: Social & Legal Studies. - : SAGE Publications. - 0964-6639 .- 1461-7390. ; 18:4, s. 455-477
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Journal article (peer-reviewed)abstract
- This article is concerned with the correlation between credibility and the concept of sovereignty in international law and their relationship to truth. Empirically, the authors focus on the credibility assessment informing the refugee determination procedure operated by the Office of the UN High Commissioner of Refugees. The authors do not provide a rationalised explanation of credibility assessment in terms of a legal procedure turning on probative models of evidence. Instead, the authors attempt to draw out a concurrent phenomenon of credibility assessment, which tests the truth of what it means to be human. This is a political question that requires a consideration of the tension between personal sovereignty and territorial sovereignty and the process of political subjectivisation that conditions that tension.
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| 4. |
- Bexelius, Maria, et al.
(author)
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27 forskare : Så kan EU:s murar rivas
- 2015
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In: Dagens samhälle. - : Sveriges kommuner och landsting. - 1652-6511. ; :20150923
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Journal article (pop. science, debate, etc.)
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| 5. |
- Breznau, Nate, et al.
(author)
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Observing many researchers using the same data and hypothesis reveals a hidden universe of uncertainty
- 2022
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In: Proceedings of the National Academy of Sciences of the United States of America. - : National Academy of Sciences. - 0027-8424 .- 1091-6490. ; 119:44
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Journal article (peer-reviewed)abstract
- This study explores how researchers analytical choices affect the reliability of scientific findings. Most discussions of reliability problems in science focus on systematic biases. We broaden the lens to emphasize the idiosyncrasy of conscious and unconscious decisions that researchers make during data analysis. We coordinated 161 researchers in 73 research teams and observed their research decisions as they used the same data to independently test the same prominent social science hypothesis: that greater immigration reduces support for social policies among the public. In this typical case of social science research, research teams reported both widely diverging numerical findings and substantive conclusions despite identical start conditions. Researchers expertise, prior beliefs, and expectations barely predict the wide variation in research outcomes. More than 95% of the total variance in numerical results remains unexplained even after qualitative coding of all identifiable decisions in each teams workflow. This reveals a universe of uncertainty that remains hidden when considering a single study in isolation. The idiosyncratic nature of how researchers results and conclusions varied is a previously underappreciated explanation for why many scientific hypotheses remain contested. These results call for greater epistemic humility and clarity in reporting scientific findings.
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| 6. |
- Brännström, Leila, et al.
(author)
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Guest Editorial: Tech and the transformation of legal imagination
- 2023
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In: AI & Society: The Journal of Human-Centred Systems and Machine Intelligence. - London : Springer. - 0951-5666 .- 1435-5655. ; 34, s. 309-314
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Journal article (other academic/artistic)abstract
- This special section on ‘Tech and the Transformation of Legal Imagination’ is an attempt at creatively exploring the law of the tech era. We believe that emerging lines of continuity and discontinuity in the current moment of tech-induced legal transformation are insufficiently investigated. Together with the authors of this special section, we therefore set out in an effort to recover and reimagine the histories of the law/tech nexus, to critically examine the imaginaries operative in the ongoing transformation but also to imagine the future of law. In so doing, we cover two different constellations: one in which the law is imagined, and another in which the law imagines. As this structure is one that operates in other disciplines, too—computer science is imagined as much as it imagines—we believe it will be a useful entry point for readers beyond the discipline of law to explore the relation between tech, law and imagination. In all, we make a move from the general theme of tech, legal transformation and imagination to the more specific one of tech and the transformation of legal imagination.
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| 7. |
- Brännström, Leila, et al.
(author)
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Legal imagination and the US project of globalising the free flow of data
- 2023
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In: AI & Society. - London : Springer. - 0951-5666 .- 1435-5655.
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Journal article (peer-reviewed)abstract
- Today, the US pursues the global capture of data (understood as a significant engine of growth) by way of bi- and plurilateral trade agreements. However, the project of securing the global free flow of data has been pursued ever since the dawn of digital telecommunication in the 1960s and the US has made significant legal efforts to institutionalise it. These efforts have two phases: In the first 1970s and 80s “freedom of information” phase, the legal justification (and contestation) of the global free flow of data hinged on imagining data as information, and its exchange as a practice of liberty. The second phase began in the late 1990s and continues today. In this phase, the free flow of data is aligned with a free-trade agenda in the context of first e-commerce and, starting in the 2000s, through attempts at creating a global public domain of personal data for the platform economy. The global free flow of data is an intrinsic aspect of informational capitalism. Assuming a constitutive, but not commanding role for law in informational capitalism, we conclude that the US attempt at ensuring free flow for its informational corporations is neither an entirely contingent nor a necessary outcome. It is a product of legal imagination. © 2023, The Author(s).
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| 8. |
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| 9. |
- Byrne, Rosemary, et al.
(author)
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Understanding the Crisis of Refugee Law: Legal Scholarship and the EU Asylum System
- 2020
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In: Leiden Journal of International Law. - 0922-1565. ; 33:4, s. 871-892
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Journal article (peer-reviewed)abstract
- In 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most complex regional framework for asylum. A development both unexpected and unexplained by the hierarchical model of European asylum law that tends to dominate the scholarly field. The abandonment among Member States of core obligations under international and EU law and the principles of solidarity and good faith is central to this crisis. This dynamic has been in the making since the accession process when EU membership was offered in exchange for transposing international obligations through the EU asylum acquis, collectivizing external border control and shifting refugee ‘responsibility’ to new Member States with minimal standards for refugee protection and weak enforcement mechanisms. Yet, the critical feature of this asylum crisis is its development into a European constitutional crisis, impacting freedom of movement, sincere co-operation, democracy, and the rule of law. A hierarchical model of law offers only a partial explanation of this interplay between refugee protection and European governance. A turn to the methodological debates in international law urges the repositioning of the lens of refugee legal scholarship, offering insights into the evolution towards crisis by looking at law from below against the backdrop of law in history, subregional law-making, and shifting power constellations. This process suggests that refugee law scholarship could benefit from widening its methodological canon by visiting its parent field of public international law.
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| 10. |
- Folkelius, Kristina, et al.
(author)
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Affirmative Exclusion? Sex, Gender, Persecution and the Reformed Swedish Aliens Act
- 1998
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In: International Journal of Refugee Law. - 0953-8186. ; 10:4, s. 607-636
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Journal article (peer-reviewed)abstract
- The revised version of the Swedish Aliens Act contains a specific category providing protection for persons who fear persecution on account of their sex. Benefits afforded under this category, however, fall short of those under the 1951 Convention relating to the Status of Refugees or article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In order to evaluate this novelty, the following article explores the conceptual differences between sex and gender as well as the ensuing consequences for a discussion of legal protection. Closer analysis reveals that the newly introduced category suffers from a linguistic ambiguity as well as a systematic fallacy. Cases involving sex-related methods of persecution could be regularly brought in under the 1951 Convention or prominent human rights instruments. As the 1951 Convention, on the one hand, and ECHR50 and CAT84, on the other, are mirrored in two Swedish protection categories, an additional provision simply serves no constructive purpose and must be regarded as superfluous. Finally, the authors explore whether the Swedish solution takes due account of legal norms proscribing discrimination. They conclude that equal enjoyment of asylum and protection is impaired by the inferior protection offered under the newly introduced category, when compared to other, more favourable categories. As the effects of the new category fall under the definition in article 1 CEDW79, its introduction in 1997 is to be interpreted as a breach of Sweden's obligations under article 2(a) CEDW79, namely, with respect to its duty to ensure through law the practical realisation of the principle of equality of men and women. It follows that Sweden is required to change the Aliens Act in an appropriate manner under article 2(f) CEDW79, providing for the modification or abolition of discriminatory legislation.
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