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21 Jul Underrepresentation in Genetic Databases, Intersectionality and the Right to Benefit From Scientific Progress
world in which individuals of non-European ancestry often also belong to communities that face ongoing marginalization and exclusion. Early large-scale genomic studies were disproportionately focused on individuals of European ancestry and structural discrimination and systemic racism have long contributed to the continued exclusion of marginalized populations from research. Barriers to healthcare, mistrust in participating in research because of historical transgressions, and explicit or implicit and inadvertent bias perpetuated by researchers and doctors (see notably disparities in genetic testing for breast and ovarian cancer) have all played a role in this...14 Mar Defining “Wrongful Retention” Under the HCCAICA
...a permitted visitation period has ended. Here we have the unique claim that the order of a state court prohibiting one parent from removing the child from its jurisdiction pending a custody determination is a wrongful retention under the Hague Convention. Neither the Hague Convention nor ICARA actually defines the term “retention.” Pielage, however, points us to Article V of the Hague Convention, which defines a parent’s “rights of custody” over a child as including “the right to determine the child’s place of residence.” Using that definition, Pielage contends that...
01 Nov Why the International Law Commission Must Address its Gender and Geography Diversity Problem
are competent in international law. Such persons must possess qualifications in doctrinal and practical aspects of international law with expertise and experience which span across the entire spectrum of international law. Women on the Commission Presently, women represent 11.76% of members on the Commission – the highest proportion of representation ever achieved. Paula Escarameia, Xue Hanquin and Marie Jacobsson served the Commission for two terms. Xue resigned in 2010 before the completion of her term to contest for the elections to the International Court of Justice (ICJ), while Concepción Escobar...
16 Dec When Tech Disrupts Faster Than Rules Adapt: Drafting Emergency Guidance for AI-Affected Evidence
...upon applicable (digital) evidence principles adapted for the AI age, and four are specific to AI challenges (such that we can term them ‘AI-native’). The objective of this post is to 1) define the term ‘AI-affected’ evidence, 2) highlight gaps that are emerging in current standards for digital investigations, and 3) provide an overview of the evidentiary pillars that can guide the treatment of AI-affected evidence. ‘AI-Affected Evidence’: A Future-Looking Term Evidence can be affected by AI in a number of complex ways – a diversity that current legal terminology...28 Mar Assassination and the Koh Speech
...engage in, or conspire to engage in, assassination.” President Reagan reissued the order in 1981 using identical language in EO 12333: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” EO 12333 was amended by subsequent EO’s, but the specific assassination ban text remains unchanged. That said, the term “assassination” is never defined. Whole forests have fallen as commentators, in law reviews and elsewhere, have debated its meaning over decades, however. Does it refer to political leaders?...
02 Apr COVID-19 Symposium: A Time to Kill ‘Business as Usual’–Centring Human Rights in a Frustrated Economy (Part 2)
...on childhood obesity’. The impact is neither direct nor immediate, but it does negatively affect the right to health of children in the short, medium and long term. States are to use due diligence to identify the risks posed by business activities so as to guard the human rights of their populations. Extrapolating to COVID-19 and the impact of the shareholder primacy rule, the rule has shown itself to pose significant short- and long-term threats to human rights. While the impact will not always be direct, it is still there...27 Apr Operationalising Functionality: Questioning the Term ‘Functional’
...must be a further elaboration and concretization of its mechanism or process, lest this approach to operationalising the way the law of occupation is applied contributes to the law’s indeterminacy. This brief response therefore seeks to ask guiding questions and postulate some predicaments in order to elaborate the content of the functional approach, and explain the ways in which it relates to the binary, or on/off, approach. Some basic considerations include: what are the elements and purpose of the protective function of the law of belligerent occupation? How is this...
31 Oct Third Annual Symposium on Pop Culture and International Law: What if – On the Value of Justice for Thanos
...cannot spit it as an epithet. Part of me recoils at the inaccurate use of the term by victims’ groups. I understand the want to claim that mantle for the suffering of one’s group. This is, after all, this is what was called in Akayesu the “gravest crime”, or the “crime of crimes” in Kambanda. But I worry this social meaning of genocide not only obscures the legal meaning, but weakens the moral punch of the term over time. Part of me feels that genocide doesn’t belong on Dr. Strange’s...