The Corporate Keepers of International Law

Butler, Jay

doi:10.1017/ajil.2020.1

Cited by 9 publications

(4 citation statements)

References 3 publications

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“…These TNCs can control the entire production process, from raw materials to finished products, according to J. Butler (2020). It should be added to the author's position that this allows them to generate additional income and increase production efficiency.…”

Section: Resultsmentioning

confidence: 99%

Untitled

2023

SLS

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In the context of rapid changes and a hyperdynamic external environment, the world economy and politics create new challenges and threats that actualise research on the effectiveness of public administration in the context of economic security through the prism of various legal fields. The purpose of the study is to present the author's vision of a methodological approach that will allow visualising the process of public administration in the context of ensuring a high level of economic security and evaluating its effectiveness, considering the legal aspect of the issue. The methodology involves using modern methods that combine and interact to achieve the goal. These include both general theoretical methods and specific ones: IDEF3 and the integral evaluation method. The approach to assessing the level of effectiveness of public administration in the system of ensuring economic security is defined. The importance of political and legal indicators is emphasised. The results of calculating the value of the integral indicator are presented, and the corresponding conclusions are drawn. The author's vision of the modern model of public administration implementation in the system of ensuring economic security with an emphasis on the protection of human rights is presented. All the key Public administration of the economic security system....

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Section: Resultsmentioning

confidence: 99%

Untitled

2023

SLS

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“…Courts with jurisdictional authority to hear cases are determined by jurisdictional rules. When a victim of human rights abuses wants to file a claim against a defendant in a foreign nation, these regulations may be crucial (Butler, 2020). For instance, the US Supreme Court examined whether US courts had jurisdiction over allegations that the defendant, a bank in the nation of Jordan, encouraged and enabled terrorist attacks in Israel in the matter of Jesner v. Arab Bank.…”

Section: Significance Of Private International Law As a Framework For...mentioning

confidence: 99%

Narrowing the Accountability Gap for Transnational Justice: The Significance of Private International Law in Enforcing Human Rights

Mushtaq,

Baig,

Akhtar

et al. 2023

sbsee

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Purpose: The study endeavors to investigate the convergence of technologies and the implications for legal pluralism in human rights enforcement. It aims to examine how private international law can adapt to emerging technologies such as artificial intelligence, block-chain, and the Internet of Things. Design/Methodology/Approach: By analyzing select case studies, this research article aims to provide practical examples of how private international law has been applied, or could be applied, to enforce human rights in the digital sphere. It seeks to extract lessons from precedents to inform future legal approaches. Findings: Building on the findings, this article aims to propose actionable policy recommendations for lawmakers, regulators, and international organizations. It also aims to speculate on future trends and challenges in the evolving landscape of human rights enforcement in the digital era. Implications/Originality/Value: The research strives to explore the ethical dimensions surrounding the application of private international law in the digital age. It aims to establish normative frameworks that balance human rights protection with other legitimate interests.

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“…The duty to ensure compliance with human rights treaties primarily establishes a direct obligation incumbent on the Contracting States, since it is the States' consents that underpin internatio nal law's content. 64 However, this duty contains a further obligation upon States parties to ensure that non-governmental or private service providers, such as multinational technology corporations, act in accordance with the provisions of the conventions. This means that States are required to put in place a framework that prevents human rights violations from occurring, establish monitoring mechanisms as safeguards and hold those responsible to account.…”

Section: Extension Of Duty-bearers Of Human Rightsmentioning

confidence: 99%

Digitalisation and International Human Rights Law: Opportunities and Critical Challenges

Schmahl¹

2022

Digital Transformations in Public International Law

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At the time when the various universal and regional human rights treaties came into being, the digitalization of societies was still largely in its infancy. Only a very few human rights treaties dealt with the influence of the media and the Internet on situations relevant to the protection of human rights. Nowadays, the parameters have changed fundamentally. Numerous UN human rights committees are increasingly confronted with questions of digi talization and its effects on the legal position of the individual. The same applies to interna tional courts at the regional level, in particular to the European Court of Human Rights. However, their decisions still focus mainly on substantive human rights issues, for instance, by resorting to an evolutive interpretation to outline the freedom of communication and the right to private life in the digital environment. The overall effects of the Internet and the growing digitalization of societies on the general dogmatic aspects of human rights treaties have not yet been thoroughly investigated. The aim of the chapter is, therefore, to shed a first light on the main challenges that typically arise when determining the structural relationship between international human rights norms on the one hand and behaviours of individuals in the digital environment on the other. These challenges relate to specific structural features such as the existence or non-existence of a right to access the Internet, the contouring of new digital spheres of human rights and the dangers resulting from the use of algorithms and increasing anonymization. It is also questionable whether the scope of the extraterritorial application of human rights treaties needs to be redesigned in the digital age. Finally, more general human rights aspects such as the determination and possible extension of both duty-bearers and rights-holders require closer analysis. The chapter examines to what extent a dynamic interpretation of human rights treaties appears possible in the age of digitalization and under what conditions this approach reaches its limits.

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The Corporate Keepers of International Law

Cited by 9 publications

References 3 publications

Untitled

Untitled

Narrowing the Accountability Gap for Transnational Justice: The Significance of Private International Law in Enforcing Human Rights

Digitalisation and International Human Rights Law: Opportunities and Critical Challenges

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