Dafna Dror-Shpoliansky and Yuval Shany ABSTRACT: 'The Same
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Confrontingcomplexity
106TH ANNUAL MEETING FINAL PROGRAM Confronting Complexity March 28-31, 2012 The Fairmont Washington, D.C. SIL is a nonprofit, nonpartisan, educational membership organization founded in 1906 and chartered by Congress in 1950. The mission of the American Society of International Law is to foster the study of international Alaw and to promote the establishment and maintenance of international relations on the basis of law and justice. ASIL holds Category II Consultative Status to the Economic and Social Council of the United Nations and is a constituent society of the American Council of Learned Societies. The Society’s 4,000 members from more than 100 nations include attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students and others interested in international law. Through our meetings, publications, information services and outreach programs, ASIL advances international law scholarship and education for international law professionals as well as for broader policy-making audiences and the public. 2223 Massachusetts Avenue, NW Washington, DC 20008 Phone +1 202-939-6000 Fax +1 202-797-7133 www.asil.org ©2012 ASIL Annual Meeting Dear Colleague, Contemporary reality is confoundingly complex: it is marked by rapidly evolving technologies, increasing global interconnectedness, rising population, and deepening understanding of science and the environment. New international actors; changes in social, economic, and political dynamics; a multipolar power structure; and novel security threats only add to the complexity. Amidst this confusion, international law can be a source of order and clarity. It can provide frameworks to peacefully resolve disputes, regulate relations between diff erent actors, and clarify rights and obligations. -
Motion for Leave to File Brief Amici Curiae As Filed
USCA Case #16-7081 Document #1644084 Filed: 11/01/2016 Page 1 of 9 Oral Argument Not Yet Scheduled No. 16-7081 __________________________________ UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT __________________________________ John Doe, a.k.a. Kidane, Plaintiff / Appellant v. Federal Democratic Republic of Ethiopia, Defendant / Appellee. MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE OF THE UNITED NATIONS HUMAN RIGHTS EXPERTS IN SUPPORT OF PLAINTIFF- APPELLANT URGING REVERSAL United Nations human rights experts David Kaye, Maina Kiai and Michel Forst move for leave to file the accompanying amici curiae brief in support of Appellant. Appellant Kidane consents to this filing; Appellee Federal Democratic Republic of Ethiopia has not provided consent. Amici herein request leave to inform the Court of the potential implications of its ruling for the United States’ compliance with its obligations under international human rights law. Amici come before the Court with significant expertise on the scope and implementation of 1 USCA Case #16-7081 Document #1644084 Filed: 11/01/2016 Page 2 of 9 relevant international human rights norms, which will assist the Court’s decisionmaking. I. Interest of Amici Special Rapporteurs are appointed by the United Nations (“U.N.”) Human Rights Council, the central human rights institution of the U.N. and a subsidiary organ of the U.N. General Assembly. Special Rapporteurs examine, monitor, advise and report on the category of rights with which their mandates are concerned. They do this by receiving individual complaints, conducting country visits, issuing thematic reports, providing technical assistance to governments, and engaging in public outreach and promotional activities – all with the ultimate goal of promoting and protecting the relevant category of rights worldwide. -
Cyber Attacks and Cyber (Mis)Information Operations During a Pandemic
Cyber Attacks and Cyber (Mis)information Operations During a Pandemic Marko Milanovic* & Michael N. Schmitt** INTRODUCTION . 247 I. STATE CYBER OPERATIONS AGAINST HEALTH CARE SYSTEMS DURING THE PANDEMIC. 250 A. Violation of Sovereignty ............................ 252 B. Violation of the Prohibition of Intervention .............. 256 C. Violation of the Prohibition on the Use of Force .......... 258 D. Violation of Human Rights .......................... 261 II. STATE MISINFORMATION DURING THE PANDEMIC . 266 A. Violation of Human Rights Law When Directed Against A State’s Own Population............................. 267 B. Violation of Human Rights Law When Directed Against Individuals in Other States .......................... 268 C. Violation of General International Law When Directed Against Other States ............................... 269 III. STATE OBLIGATIONS REGARDING CYBER OPERATIONS AND MISINFORMATION BY NON-STATE ACTORS AND THIRD STATES DURING THE PANDEMIC. 270 A. Positive Due Diligence Obligation under Human Rights Law to Protect the State’s Own Population Against Hostile Operations by Other States and by Non-State Actors. ..... 270 B. Constraints under Human Rights Law When Combatting Hostile Cyber Operations and Misinformation ........... 274 C. Positive Due Diligence Obligation under General International Law and Human Rights Law to Stop Hostile Operations Against Other States . .................... 279 CONCLUSION. 282 INTRODUCTION The COVID-19 pandemic has been accompanied by reprehensible cyber opera- tions directed against medical facilities and capabilities, as well as by a flood of * Professor of Public International Law, University of Nottingham School of Law. The discussion on misinformation draws on my earlier three part series on Viral Information and the Freedom of Expression on EJIL: TALK!, Apr. 13-14, 2020, https://perma.cc/9YLR-YE94. © 2020, Marko Milanovic and Michael N. -
ASIL 108Th Annual Meeting
The Effectiveness of International Law ILA 76th Biennial Conference ASIL 108th Annual Meeting April 7-12, 2014 Ronald Reagan Building and International Trade Center Washington, DC Tweet about the ASIL-ILA joint meeting using the hashtag #ASILILA14 Search for “Ronald Reagan Building” in the Apple or Android App Store Dear Colleagues, International law is a vital and highly topical element in international relations and, increasingly, domestic legal practice. It is both fascinating and frustrating: fascinating, as anyone considering the current issues about the East and South China Seas or the Ukraine will attest; frustrating, because of the lack of mechanisms to ensure that such issues are as a matter of course resolved by international adjudication, rather than left unresolved or resolved by other means. The tensions between national interests and aspirations towards an international legal order go back to international law’s very roots, when Grotius first set out to schematise some of its core aspects in the early 17th century. I have said enough to show that international law is perennially relevant. The ILA was founded as long ago as 1873 in Brussels. Its constitutional objectives are the study, clarification and development of, and the furtherance of international understanding and respect for, international law, both public and private. Headquartered now in London, the ILA has branches across the world, and consultative status as an international NGO with various UN specialised agencies. It pursues its objectives through biennial conferences, recently in Rio de Janeiro (2008), The Hague (2010) and Sofia (2012), through its standing committees which meet and prepare reports and which may lead to draft laws or recommendations adopted at the biennial conferences, through informal study groups and through activities organised by its branches. -
Freedom of Opinion and Expression and Academic Freedom 9:00-10:00 A.M
Side Event Freedom of Opinion and Expression and Academic Freedom 9:00-10:00 a.m. EST 22 October 2020 CONCEPT NOTE Click here to join the webinar Co-organizers: ● UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression ● Permanent Mission of Finland to the UN ● Permanent Mission of the State of Qatar to the UN ● Open Society Foundations’ Education Program ● Scholars at Risk Context On 23 October 2020 the Third Committee of the UN General Assembly will consider the report on academic freedom presented by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The report focuses on the ways in which the freedom of opinion and expression protect and promote academic freedom, and the special role played by academics and academic institutions in democratic society when assured of institutional autonomy and self-governance. Without academic freedom, societies lose their capacity for self-reflection, for knowledge generation and for a constant search for improvements of people’s lives and social conditions. Drawing on examples from all regions of the world, the report highlights the repression and harassment of scholars and students, unlawful restrictions on freedom of opinion and expression that interfere with research, teaching, debate and discussion by the academic community in their institutions or in other fora, and various measures, from funding of research to hiring of professors and administrators, that are used to erode and attack the autonomy of academic institutions. The report provides clear guidance on the scope of academic freedom, recognizing that it is protected by a wide range of human rights norms and principles, including the right to freedom of opinion and expression. -
Supreme Court of the United States
Nos. 19-416 & 19-453 IN THE Supreme Court of the United States NESTLÉ USA, INC., Petitioner, v. JOHN DOE I, et al., Respondents. –––––––––––––––––––––––––––––– CARGILL, INC., Petitioner, v. JOHN DOE I, et al., Respondents. ON WRITS OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE NINTH CIRcuIT BRIEF OF AMICI CURIAE ACCESS NOW, ARTICLE 19, CENTER FOR LONG-TERM CYBERSECURITY, ELECTRONIC FRONTIER FOUNDATION, PRIVACY INTERNATIONAL AND PROFESSOR RONALD DEIBERT IN SUPPORT OF RESPONDENTS SOPHIA COPE Counsel of Record CINDY COHN ELECTRONic FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 (415) 436-9333 [email protected] Attorneys for Amici Curiae 298803 i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES ..............iii INTEREST OF AMICI CURIAE ..................1 INTRODUCTION AND SUMMARY OF ARGUMENT ................................5 ARGUMENT....................................7 I. ATS Policy Supports Preserving U.S. Corporate Liability Under the Statute.........7 II. United Nations Policy Supports Preserving U.S. Corporate Liability Under the ATS.......8 III. The Technology Industry Plays a Major Role in Human Rights Abuses Worldwide.....11 A. Researchers Chronicle the Widespread Problem of Technology Companies’ Complicity in Human Rights Abuses .....12 B. American Technology Companies Have Been Complicit in Human Rights Abuses in Foreign Countries............18 ii Table of Contents Page IV. Voluntary Mechanisms for Holding the Technology Industry Accountable for Human Rights Abuses are Inadequate ..............25 A. Limits of Multi-Stakeholder Initiatives ...28 B. OECD Guidelines for Multinational Enterprises ..........................29 C. Global Network Initiative...............33 CONCLUSION .................................35 iii TABLE OF CITED AUTHORITIES Page Cases Balintulo v. Ford Motor Co., 796 F.3d 160 (2d Cir. -
United States Court of Appeals for the Ninth Circuit ______
Case: 20-16408, 12/23/2020, ID: 11938799, DktEntry: 51, Page 1 of 31 No. 20-16408 _____________________ IN THE United States Court of Appeals for the Ninth Circuit _______________________________________________________ NSO GROUP TECHNOLOGIES LTD. ET AL., Defendants-Appellants, v. WHATSAPP INC. ET AL., Plaintiffs-Appellees. On Appeal from the United States District Court for the Northern District of California, No. 4:19-cv-07123-PJH BRIEF FOR AMICUS CURIAE DAVID KAYE, FORMER SPECIAL RAPPORTEUR TO THE UNITED NATIONS ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION, IN SUPPORT OF APPELLEES (AFFIRMANCE) David Kaye Elaine Goldenberg 401 E. Peltason Dr. MUNGER, TOLLES & OLSON LLP Irvine, California 92697 601 Massachusetts Avenue NW, Suite 500E [email protected] Washington, D.C. 20001-5369 202-220-1000 Amicus Curiae [email protected] Marianna Mao MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, California 94105-2907 [email protected] Counsel for Amicus Curiae Case: 20-16408, 12/23/2020, ID: 11938799, DktEntry: 51, Page 2 of 31 TABLE OF CONTENTS Page INTEREST OF THE AMICUS CURIAE .......................................................... 1 ARGUMENT ............................................................................................... 3 I. THE PRIVATE CYBER-SURVEILLANCE INDUSTRY MARKETS SOPHISTICATED SPYWARE TO REPRESSIVE GOVERNMENTS....... 4 A. NSO and Other Private Companies Develop and Sell Comprehensive and Covert Cyber-Surveillance Technology............. 4 B. NSO’s -
Expert Report of David Kaye with Exhibits 1 to 13
Case 1:16-cv-01423-ABJ Document 42-15 Filed 03/22/18 Page 1 of 217 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CATHLEEN COLVIN et al., Civil No. 1:16-cv-01423 (ABJ) Plaintiffs, v. SYRIAN ARAB REPUBLIC, Defendant. EXPERT REPORT OF DAVID KAYE, UNITED NATIONS SPECIAL RAPPORTEUR ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION Case 1:16-cv-01423-ABJ Document 42-15 Filed 03/22/18 Page 2 of 217 TABLE OF CONTENTS Page Contents I. INTRODUCTION .............................................................................................................. 1 II. QUALIFICATIONS & BASIS FOR OPINION................................................................. 2 A. Qualifications .................................................................................................................. 2 B. Basis for Opinion ............................................................................................................ 5 III. As Part of Its Crackdown Following the 2011 Uprising, the Syrian Government Engaged in a Systematic Pattern and Practice of Violently Persecuting Journalists and Curtailing Freedom of Expression and Opinion .................................................................................. 6 A. Media Crackdown: the Syrian Government’s Anti-Media Rhetoric ............................ 11 B. Media Crackdown: the Syrian Government’s Policy of Censorship and Interference with Media Work ......................................................................................................... -
Internal Communication Clearance Form
HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran REFERENCE: UA IRN 27/2017 18 September 2017 Excellency, We have the honour to address you in our capacity as Working Group on Enforced or Involuntary Disappearances; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on the rights to freedom of peaceful assembly and of association; Special Rapporteur on the situation of human rights defenders and Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, pursuant to Human Rights Council resolutions 27/1, 34/18, 32/32, 34/5 and 34/23. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the alleged arrest of a woman human rights defender, Ms. Raheleh Rahemipor. Ms. Raheleh Rahemipor is the sister of Mr. Hossein Rahemipor, whose case is under review by the Working Group on Enforced or Involuntary Disappearances. In addition to seeking justice in the case of her brother, Ms. Rahemipor has been active in promoting the rights of survivors and family members of individuals who have suffered human rights violations in Iran. -
UPN Alm.Del - Bilag 92 Offentligt
Det Udenrigspolitiske Nævn 2019-20 UPN Alm.del - Bilag 92 Offentligt Bilag 1: Rapporter forelagt FN’s Menneskerettighedsråd i perioden 2015-2019 (HRC31-42) Rapporter forelagt i 2019 (HRC40-42) Rapportnummer Titel A/HRC/42/1 Agenda and annotations A/HRC/42/1/Corr.1 Corrigendum A/HRC/42/2 Report of the Human Rights Council on its forty-second session A/HRC/42/3 Report of the Working Group on the Universal Periodic Review - Norway A/HRC/42/3/Add.1 Addendum A/HRC/42/3/Add.1/Annex.1 Annex A/HRC/42/4 Report of the Working Group on the Universal Periodic Review - Albania A/HRC/42/4/Add.1 Addendum A/HRC/42/5 Report of the Working Group on the Universal Periodic Review - Democratic Republic of the Congo A/HRC/42/5/Add.1 Addendum A/HRC/42/6 Report of the Working Group on the Universal Periodic Review - Côte d'Ivoire A/HRC/42/6/Add.1 Addendum A/HRC/42/7 Report of the Working Group on the Universal Periodic Review - Portugal A/HRC/42/7/Add.1 Addendum - Views on conclusions and/or recommendations, voluntary commitments and replies presented by Portugal A/HRC/42/8 Report of the Working Group on the Universal Periodic Review - Bhutan A/HRC/42/8/Add.1 Addendum A/HRC/42/9 Report of the Working Group on the Universal Periodic Review - Dominica A/HRC/42/9/Add.1 Addendum A/HRC/42/10 Report of the Working Group on the Universal Periodic Review - Democratic People's republic of Korea A/HRC/42/10/Add.1 Addendum A/HRC/42/11 Report of the Working Group on the Universal Periodic Review - Brunei Darussalam A/HRC/42/11/Add.1 Addendum A/HRC/42/12 Report of the Working -
Human Rights, Democracy and Rule of Law
Human rights, democracy and rule of law: Different organisations, different conceptions? Katharina Häusler, Péter Kállai, Zsolt Kortvelyesi, Balázs Majtényi, Lorena Sosa, Alexandra Timmer, Magnus Killander, Nora Ho Tu Nam, Adebayo Okeowo, Jeremy Gunn, Alvaro Lagresa 10.7404/FRAME.REPS.10 April 20163.4 Fostering Human Rights among European Policies Large-Scale FP7 Collaborative Project GA No. 320000 1 May 2013-30 April 2017 Human rights, democracy and rule of law: Different organisations, different conceptions? Work Package No. 3 – Deliverable No. 4 Due date 1 April 2016 Submission date 10 April 2016 Dissemination PU level Lead Beneficiary Utrecht University Authors Katharina Häusler, Péter Kállai, Zsolt Kortvelyesi , Balázs Majtényi, Lorena Sosa, Alexandra Timmer (UN), Magnus Killander, Nora Ho Tu Nam, Adebayo Okeowo (AU), Jeremy Gunn, Alvaro Lagresa (LAS/OIC). http://www.fp7-frame.eu 10.7404/FRAME.REPS.3.4 FRAME Deliverable No. 3.4 Executive Summary This report presents an exploration of different conceptualisations of human rights, democracy and the rule of law within international organisations. The report focuses on the United Nations, the African Union, the League of Arab States and the Organisation of Islamic Cooperation. The eventual aim of Work Package 3, of which this report forms part, is to provide the EU with conceptualizations of human rights, democracy and the rule of law that take into consideration the diverse conceptions found in third countries and in other international organisations. The organisations’ original purpose, moment of creation, and structure inevitably influence the development of their human rights, democracy and rule of law conceptions, and their practical engagement with these concepts. -
List of Special Procedure Mandate-Holders and the Other
DRAFT AS OF 22 Oct 2019 subject to change Provisional list of special procedure mandate-holders and other experts / UN officials scheduled to make presentations to the Third Committee of the General Assembly at its seventy-fourth session Tuesday 1 October 2019 (am) - Item 25 (a & b): Social development 1. Mr. Liu Zhenmin, USG DESA 2. Ms. Daniela Bas, Director, Division for Inclusive Social Development, DESA 3. Independent Expert on the enjoyment of all human rights by older persons, Ms Rosa KORNFELD-MATTE (GA res. 73/143, § 52) Thursday 3 October 2019 (am) – Items 106 Crime, 107 Information and technologies and 108 Drugs 1. Mr. John Brandolino, Director, Division of Treaty Affairs, UNODC in Vienna Friday 4 October 2019 (am) - Item 26 (a & b): Advancement of women 1. Ms. Phumzile Mlambo-Ngcuka, USG and Executive Director, UN-Women 2. Chair of the Committee on the Elimination of Discrimination against Women, Ms Hilary GBEDEMAH (GA res. 73/162 §3) 3. Special Rapporteur on violence against women, its causes and consequences, Ms. Dubravka ŠIMONOVIC (GA res. 73/148, §24) Tuesday 8 October 2019 (am) – Item 66 (a & b): Rights of children 1. Ms. Virginia Gamba, Special Representative of the Secretary-General for Children and Armed Conflict 2. Ms. Najat Maalla M’jid, Special Representative of the Secretary-General on violence against children 3. Ms. Charlotte Petri Gornitzka, Deputy Executive Director, UNICEF Tuesday 8 October 2019 (pm) – Item 66 (a & b): Rights of children 1. Chair of the Committee on the Rights of the Child, Mr. Luis Ernesto PEDERNERA REYNA (GA res.73/155 § 59(f) and 73/162, § 3) 2.