| 1. |
- Arvidsson, Matilda, 1976, et al.
(författare)
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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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Ingår i: Nordic Journal of International Law. - 0902-7351 .- 1571-8107. ; 92:1
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Tidskriftsartikel (refereegranskat)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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| 2. |
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| 3. |
- Bak Mckenna, Miriam
(författare)
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Contesting Self-Determination in the Wake of Empire : Sovereignty, Human Rights and Economic Justice
- 2020
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 89:1, s. 67-93
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Tidskriftsartikel (refereegranskat)abstract
- This article considers the ways in which geo-political and legal concerns materialised in debates over self-determination in the years following decolonisation, and how they impacted on its’ possibilities, objectives and conception. During this period, self-determination was not, as some scholars have argued, a declining norm, but one central to the competing visions of reinventing international law after empire. These varying articulations were largely shaped by the experience of colonialism and its ongoing effects, along with the ideological confrontation between East-West and North-South. One articulation stressed the primacy of political and economic sovereignty, prominently seen in calls for the establishment of a New International Economic Order. The other sought to integrate self-determination into the elevation of democratic governance and individual human rights protection. Examining these alternative formulations of self-determination, underlines the incompleteness of mainstream historical accounts, and may throw light upon continuing anxieties over its current legal status.
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| 4. |
- Bak Mckenna, Miriam
(författare)
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The Discourse of Proportionality and the Use of Force: International Law and the Power of Definition
- 2020
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 89:1, s. 364-382
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Tidskriftsartikel (refereegranskat)abstract
- Foregrounding standards like ‘proportionality’ and ‘necessity’ have come to assume a central place in the international legal vocabulary for assessing the legitimacy of war. In both ethical and practical terms, the shift towards common standards provides a useful vernacular to assess military operations. But the question remains: how should these terms be interpreted and applied and by whom? Simultaneously, debates over the definitional boundaries of the legal concept of war and its attendant categories (e.g. lawful military objects, protected zones, combatants, civilians) have arisen in many contexts, leaving room for different and conflicting interpretations, often to the detriment of marginalised groups and weaker States. This article examines the ambivalences, complexities and contestations that have arisen in the move towards broader and subjective discourses of law and war, through the lens of proportionality.
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| 5. |
- Bergling, Per, 1967-
(författare)
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Judicial reform under international law : notes from Bosnia and Herzegovina
- 2001
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Ingår i: Nordic Journal of International Law. - : Martinus Nijhoff Publishers. - 0902-7351 .- 1571-8107. ; 70:4, s. 489-511
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Tidskriftsartikel (refereegranskat)abstract
- As a result of a recognition that many of the atrocities of the war in Bosnia and Herzegovina stemmed from poor respect for fundamental democratic and human rights principles, the Dayton Peace Accords (DPA) came to emphasize that the new BiH should be a democratic state operating under the rule of law and that the state and entity governments should ensure the highest level of internationally recognized human rights standards and fundamental freedoms. It was also clear to the international community that the judicial authorities of BiH would not be able to transform this language into reality when the nationalist political parties resisted any such development. Annex 10 of the DPA therefore gave the Office of the High Representative, the international body responsible for the implementation of the DPA and the highest authority `in theatre', a far-reaching mandate, sometimes referred to as `protectorate-style powers', to decide, interpret and implement policies as it sees appropriate and to substitute itself for local authorities when they fail to promote the goals and principles spelled out in the DPA. In order to promote judicial reform and safeguard vital rule of law interests, the High Representative may consequently impose decisions and laws and remove obstructionist officials. This article describes how these powers are exercised and how the broader effort of judicial reform, involving a wide range of national and international actors, is organized in Bosnia and Herzegovina.
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| 6. |
- Bills, Amanda
(författare)
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The Relationship between Third-party Countermeasures and the Security Council's Chapter vii Powers : Enforcing Obligations erga omnes in International Law
- 2020
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 89:1, s. 117-141
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Tidskriftsartikel (refereegranskat)abstract
- The article examines the relationship between third-party countermeasures and the Security Council's powers to adopt measures under Chapter vii of the United Nations Charter in response to breaches of obligations erga omnes. It is shown that the resort to third-party countermeasures is neither precluded nor subject to limitations as a result of the relationship to the Security Council's Chapter vii powers, even when both types of measures are adopted concurrently. Moreover, the fears that third-party countermeasures would interfere with or undermine the effective application of Security Council measures do not appear to have materialised in practice.
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| 7. |
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| 8. |
- Bogdan, Michael
(författare)
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Regulation Brussels Ia and violations of personality rights on the internet
- 2018
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 87:2, s. 212-219
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Forskningsöversikt (refereegranskat)abstract
- This article presents and analyses the judgment of the Grand Chamber of the eu Court of Justice of 17 October 2017 in the case of Bolagsupplysningen v. Svensk Handel (Case C-194/16), which represents a new development regarding the application of eu jurisdictional rules to disputes arising out of alleged violations of personality rights on the internet.
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| 9. |
- Brännström, Leila, 1974
(författare)
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Global Inequality and the EU International Law Position on Cross-Border Data Flows
- 2023
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Ingår i: Nordic Journal of International Law. - 0902-7351 .- 1571-8107. ; 92:1, s. 119-137
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Tidskriftsartikel (refereegranskat)abstract
- Relevant data resources are critical for ai-supported decision-making. Thus, control over data, and how that moves across borders, has become a key point of international dispute. This article analyses the EU's international legal positionings regarding cross-border data flows in the context of an increasingly fierce global battle over data resources. It also asks whether the EU approach to data government, which is reflected in its international positionings, can contribute to address the pressing problem of the unequal distribution of the gains of the data driven economy in and among states. The article argues that EU's approach to data government is ridden with contradictions and that its centrepiece, the data protection framework, is best understood as a non-performative. This non-performativity, together with the determination to climb up the ladders of global digital value chains, makes the EU's position on cross-border data flows ambiguous and downgrades its punch in international negotiations.
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| 10. |
- Butler, Graham, et al.
(författare)
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Operation Sophia in Uncharted Waters : European and International Law Challenges for the EU Naval Mission in the Mediterranean Sea
- 2016
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Ingår i: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 85:3, s. 235-259
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Tidskriftsartikel (refereegranskat)abstract
- This article addresses the main legal challenges facing the European Union (EU) Naval Force, EUNAVFOR Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.
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