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Article

Increased Uptake of Surveillance Technologies During COVID-19

Implications for Democracies in the Global South

Journal European Journal of Law Reform, Issue 4 2020
Keywords surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative
Authors Alex Read
AbstractAuthor's information

    Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South.


Alex Read
Alex Read, democratic governance consultant for organisations including UNDP, Inter-Parliamentary Union, Westminster Foundation for Democracy.
Article

Does the Fight Against the Pandemic Risk Centralizing Power in Pakistan?

Journal European Journal of Law Reform, Issue 4 2020
Keywords PTI government, 18th amendment, 1973 Constitution, lockdown, economic impact
Authors David A. Thirlby
AbstractAuthor's information

    When the pandemic struck Pakistan, there was a high-profile divergence between how the federal government and the provincial government of Sindh responded. This points to a tension between the need for a national approach to tackle the pandemic and the prerogative of the provinces to deal with health issues under its devolved powers. These powers were the result of the 18th amendment, which restored a parliamentary federal democracy. Power has also been decentralized from executive presidents to parliamentary forms of government. However, parliamentary systems centralize power within the executive: a trend which the pandemic has reinforced. The article will explore the various interplays although it is the economic landscape which will prove most challenging. Although the emergence of a national centralized approach to combat the pandemic points to a weakening of the devolution process and therefore the reasoning behind the 18th amendment, the situation is more complex which this article seeks to explore.


David A. Thirlby
David A. Thirlby is Senior Programme Manager Asia, Westminster Foundation for Democracy
Article

Access_open The Singapore International Commercial Court: The Future of Litigation?

Journal Erasmus Law Review, Issue 1 2019
Keywords international commercial court, Singapore, dispute resolution, litigation
Authors Man Yip
AbstractAuthor's information

    The Singapore International Commercial Court (‘SICC’) was launched on 5 January 2015, at the Opening of Legal Year held at the Singapore Supreme Court. What prompted the creation of SICC? How is the SICC model of litigation different from litigation in the Singapore High Court? What is the SICC’s track record and what does it tell us about its future? This article seeks to answer these questions at greater depth than existing literature. Importantly, it examines these questions from the angle of reimagining access of justice for litigants embroiled in international commercial disputes. It argues that the SICC’s enduring contribution to improving access to justice is that it helps to change our frame of reference for international commercial litigation. Hybridisation, internationalisation, and party autonomy, the underpinning values of the SICC, are likely to be the values of the future of dispute resolution. International commercial dispute resolution frameworks – typically litigation frameworks – that unduly emphasise national boundaries and formalities need not and should not be the norm. Crucially, the SICC co-opts a refreshing public-private perspective to the resolution of international commercial disputes. It illuminates on the public interest element of the resolution of such disputes which have for some time fallen into the domain of international commercial arbitration; at the same time, it introduces greater scope for self-determination in international commercial litigation.


Man Yip
BCL (Oxon).
Article

Access_open The Emergence of International Commercial Courts in India: A Narrative for Ease of Doing Business?

Journal Erasmus Law Review, Issue 1 2019
Keywords Commercial contracts, Enforcement, Jurisdiction, Specialized courts, India
Authors Sai Ramani Garimella and M.Z. Ashraful
AbstractAuthor's information

    The liberal globalised order has brought increased focus on the regulation of international commerce, and especially dispute resolution. Enforcement of contracts has been a concern largely owing to the insufficiencies of the legal systems, especially relating to the institutional structure, and it holds true for India as well. The commercial courts mechanism – international and domestic – with innovative features aimed at providing expedited justice is witnessing much traction. India, similar to many other jurisdictions, legislated in favour of specialized dispute resolution mechanisms for commercial disputes that could help improve the procedures for enforcement of contracts. This research attempts to critique the comparable strengths and the reform spaces within the Indian legislation on commercial courts. It parses the status of commercial dispute resolution in India especially in the context of cross-border contracts and critiques India’s attempt to have specialised courts to address commercial dispute resolution.


Sai Ramani Garimella
Sai Ramani Garimella, PhD, is assistant professor of the faculty of legal studies at the South Asian University in New Delhi.

M.Z. Ashraful
M.Z. Ashraful is the research student at South Asian University in New Delhi.

Chuck Dickey
TCTB, LLC, P. O. Box 591031, Houston, TX 77259.

Marcell Horváth
PhD candidate, University of Pécs.
Editorial

Editor's Note

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2018
Authors Petra Lea Láncos and Réka Varga

Petra Lea Láncos

Réka Varga

    The grand project of “Belt and Road” Space Information Corridor proposed by China, which aims to integrate its space-based platforms for comprehensive space applications under the Belt and Road Initiative, resonates with calls and recommendations of the United Nations conferences on the exploration and peaceful uses of outer space for increased international cooperation in space projects to address common challenges. This project is expected to translate the potentials of space technology for socioeconomic development into real benefits for billions of people along the Belt and Road region. The Chinese government has released guidelines in 2016 to identify the general goals and major tasks.
    As we celebrate legacy of the UNISPACE conferences this year, it is beneficial to also focus on the ramifications of large scale space projects for governance of space activities on national, regional and international level. On the one hand, policy and legal aspects are important factors to be taken into account in project planning and implementation. On the other hand, the need to accommodate requirements of space projects could stimulate adjustment or innovation in space policies and regulations. The “B&R” Space Information Corridor offers us a chance to explore such interaction between space project and space governance. Based on analysis of the relevant aspects of legal environment, this paper purports to examine opportunities and challenges confronted with during implementation of the “mega-project” from legal perspectives.


Kang Duan
China Great Wall Industry Corporation.
Article

The Belt and Road Initiative (B&R) Provides Opportunity for China to Dominate Space Cooperation in Asia?

An Analysis from the Legal Perspective

Journal International Institute of Space Law, Issue 2 2018
Keywords Asian Space Cooperation, B&R Initiative, Competition to Regional Space Dominance, Chinese National Space Legislation, APSCO’s Legal Framework
Authors Mingyan Nie
AbstractAuthor's information

    The co-existence of more than one regional space cooperation entity in Asia presents the competition on the cooperation of space affairs in this territory. Against this background, the Asian space powers take all possible measures to attract more space partners. The Belt&Road Initiative (B&R), which is defined as a comprehensive strategy for China to meet the challenges brought by the globalization, provides opportunities for the space field. However, legal improvements are demanded to be made on both domestic and regional levels for responding to the relevant legal challenges. On the domestic level, the Chinese space regulation which is intended to be formulated before the year of 2020 is recommended to encompass fundamental principles and provisions friendly to non-governmental entities and foreign partners. On the regional level, the Asia-Pacific Space Cooperation Organization (APSCO) is required to transform its role from Chinese platform to compete with its Asian rivals on space cooperation affairs to a co-builder and services provider of the B&R space programs (e.g., the SIC). Accordingly, legal coordination approached to ensure implementing the “co-sharing” principle is needed to be made between APSCO and the SIC sponsor; moreover, APSCO itself must do modifying jobs to improve its legal framework to adapt the requirements of its new role.


Mingyan Nie
Faculty of Law, Nanjing University of Aeronautics and Astronautics.

FANG Xuhui
FANG Xuhui is Law Professor of Nanchang University, associated researcher at Cyberjustice of University of Montreal, Senior Counsel of E-Better Business in Shenzhen, mediator of International Commercial Mediation Center for Belt & Road Initiative in Beijing and special mediator at Futian District Court of Shenzhen People’s Court.
Article

Indigenous Cultural Resources for Peacebuilding

Khan Abdul Ghaffar Khan’s Philosophy and Conflict in the Federally Administered Tribal Areas of Pakistan

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords Islam, Khudai Khidmatghar, Taliban, Pakhtuns, liberal peacebuilding
Authors Saira Bano Orakzai
AbstractAuthor's information

    Indigenous peacebuilding has introduced numerous challenges to the approach of liberal peacebuilding that is well advocated around the world. The conflict in the Federally Administered Tribal Areas (FATA) of Pakistan presents one such challenge for the local peacebuilders – whereas the implementation of the liberal peacebuilding has failed. Adopting a subaltern perspective, this article examines indigenous cultural peacebuilding resources for this conflict. Prominent among these resources is the philosophy of non-violence and self-restraint of Khan Abdul Ghaffar Khan and his Khudai Khidmatgar non-violent movement. The article discusses Khan’s philosophy and the movement it inspired, while making a case for the value of such indigenous resources in the development of culturally appropriate responses for countering militancy and violence in FATA. The article uses the writings of Ghaffar Khan together with secondary resources to suggest measures to counter the contemporary violent extremism by the Taliban and draw upon indigenous approaches to make peacebuilding more effective in FATA.


Saira Bano Orakzai
Postdoctoral Fellow, Institute for Reconciliation and Social Justice, University of Free State, South Africa.

Jinyuan Su
The Silk Road Institute for International and Comparative Law, School of Law, Xi’an Jiaotong University, China, nnpercent@gmail.com

Lixin Zhu
PLA Air Force Engineering University, China, wztata@sina.com
Article

Space Weapons

Space Law and International Security

Journal International Institute of Space Law, Issue 3 2003
Authors W. Marshall, G. Whitesides, R. Schingler e.a.

W. Marshall

G. Whitesides

R. Schingler

A. Nilsen

N. Rawat

L. Anselmo

B. Bertotti

P. Farinella
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