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Introduction to the Symposium on Digital Trade 数字贸易研讨会介绍
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-05-08 DOI: 10.1017/aju.2023.13
Anne van Aaken
Many people around the world are now digital natives. Our daily life is becoming ever more digitalized—and this digital revolution has also fundamentally changed international trade over the past decades. With one click, one can purchase goods thousands of kilometers away. And in services, immediate, ongoing international collaboration through web platforms, telecommunication, or transborder e-payment are becoming standard now. These new digital technologies offer new opportunities, especially for developing countries that seek to integrate themselves into global value chains, but they also pose considerable risks for human rights, including inequality between people and countries as well as for national security. Adapting trade law to the new digital world is just one challenge of rapid technological development and is the theme of this AJIL Unbound symposium. This symposium addresses the questions of what digital trade is; how existing trade law covers it and what challenges arise from the current legal norms; and how digital trade rules account for national security and human rights concerns as well as inequality and developmental concerns of the Global South. It discusses how one should approach the delicate interlinkages between trade, technology, human rights, development, and security. Digital trade cannot be seen in isolation from other concerns such as human rights or geopolitics. It is a crucial component of a bigger package of rapid changes, technological and otherwise, facing the world. As the United Nations (UN) Secretary-General has warned: “The world is at a critical inflection point for technology governance.”1 Digital trade law can help to find suitable solutions for the problems facing the world, or it can hinder them. The UN High-Level Panel on Digital Cooperation has identified many challenges on how to adapt to the new digital world, pertaining to inclusivity, human and institutional capacity building, human rights and human agency protection, promoting trust in digital technology, security and stability, and fostering global digital cooperation.2 The 2024 UN Summit of the Future aims at finding ways to achieve a just digital transition that unlocks the value of data and protects against digital harms. The UN High-Level Advisory Board on Effective Multilateralism, as a preparatory Board for the Summit, has formulated several priorities: strengthening public capacities to adequately participate and regulate in the digital age; ensuring that the benefits of digital innovation are more widely shared; improving digital literacy; preventing digital harms; securing human rights online; and creating adequate data governance. As the Board has stressed: “The wealth and safety of nations over the next century may well depend on our ability to unlock data’s potential in fair, equitable, and safe ways.”3
现在世界上很多人都是数字原住民。我们的日常生活正变得越来越数字化,而这场数字革命也从根本上改变了过去几十年的国际贸易。只需点击一下,就可以购买几千公里外的商品。在服务方面,通过网络平台、电信或跨境电子支付进行即时、持续的国际合作正在成为标准。这些新的数字技术为寻求融入全球价值链的发展中国家提供了新的机遇,但它们也给人权带来了相当大的风险,包括人民与国家之间的不平等以及国家安全。使贸易法适应新的数字世界是技术快速发展的挑战之一,也是本次AJIL Unbound研讨会的主题。本次研讨会探讨了以下问题:什么是数字贸易;现有贸易法如何涵盖它,以及当前法律规范产生了哪些挑战;以及数字贸易规则如何考虑到国家安全和人权问题,以及全球南方的不平等和发展问题。它讨论了人们应该如何处理贸易、技术、人权、发展和安全之间微妙的相互联系。数字贸易不能脱离人权或地缘政治等其他问题孤立看待。它是世界面临的一系列更大的技术和其他方面的快速变化的关键组成部分。正如联合国秘书长所警告的那样:“世界正处于技术治理的关键拐点。数字贸易法可以帮助为世界面临的问题找到合适的解决方案,也可以阻碍这些问题的解决。联合国数字合作高级别小组确定了如何适应新的数字世界的许多挑战,涉及包容性、人力和机构能力建设、人权和人权机构保护、促进对数字技术的信任、安全和稳定,以及促进全球数字合作2024年联合国未来峰会旨在寻找实现公正数字化转型的方法,释放数据的价值,防范数字危害。联合国有效多边主义高级别咨询委员会作为首脑会议的筹备委员会,制定了若干优先事项:加强公共能力,在数字时代充分参与和监管;确保更广泛地分享数字创新的好处;提高数字素养;防止数字危害;保障网上人权;并创建适当的数据治理。正如委员会所强调的那样:“下个世纪各国的财富和安全很可能取决于我们以公平、公平和安全的方式释放数据潜力的能力。
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引用次数: 0
Digital Trade, Development, and Inequality 数字贸易、发展和不平等
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-05-08 DOI: 10.1017/aju.2023.17
María Vásquez Callo-Müller, Kholofelo N. Kugler
The links between and among digital trade, development, and inequality are multifaceted and ever evolving. They depend on what is understood as development and as inequality, concepts that transcend the North-South divide, and the fora in which these issues arise. Conceptually, development and inequality are intrinsically intertwined as the measures to address both are often complementary or even the same. In this essay, we consider development and inequality as pertaining to the ability of developing countries and least-developed countries (LDCs) to shape and participate in the digital economy, and particularly, the regulatory framework for digital trade. We explore how the relationships between digital trade, development, and inequality are addressed in the main venues for digital trade rulemaking: the World Trade Organization (WTO) and Preferential Trade Agreements (PTAs). We then examine two contentious issues in digital trade: the customs duty moratorium and data governance.
数字贸易、发展和不平等之间的联系是多方面的,而且是不断发展的。它们取决于被理解为发展和不平等的东西、超越南北分歧的概念以及产生这些问题的论坛。从概念上讲,发展和不平等在本质上是交织在一起的,因为解决这两者的措施往往是互补的,甚至是相同的。在本文中,我们认为发展和不平等与发展中国家和最不发达国家(LDCs)塑造和参与数字经济的能力有关,特别是数字贸易的监管框架。我们探讨了如何在数字贸易规则制定的主要场所:世界贸易组织(WTO)和优惠贸易协定(pta)中解决数字贸易、发展和不平等之间的关系。然后,我们研究了数字贸易中两个有争议的问题:关税暂停和数据治理。
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引用次数: 0
What Are Digital Trade and Digital Trade Law? 什么是数字贸易和数字贸易法?
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-05-08 DOI: 10.1017/aju.2023.14
Mira Burri, Anupam Chander
Digitization has greatly expanded the scope of trade, and with it the scope of trade law. But the regulatory framework, although growing in bilateral and regional fora, is highly dynamic and remains fragmented, increasing the challenges facing digital trade law.
数字化极大地扩大了贸易的范围,也扩大了贸易法的范围。但是,尽管监管框架在双边和区域论坛上不断发展,但它具有高度的动态性,而且仍然是分散的,这增加了数字贸易法面临的挑战。
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引用次数: 0
Digital Trade Law and Human Rights 数字贸易法与人权
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-05-08 DOI: 10.1017/aju.2023.16
Mira Burri
Trade and human rights have had a complex and contentious relationship. While trade experts assume that human rights and trade law are mutually supportive, human rights lawyers have seldom shared this opinion. Rather, they argue that across different contexts, such as climate change, culture, and development, the hard rules of international trade law focus almost exclusively on economic values and sideline human rights. This essay seeks to shed more light on these interfaces, focusing particularly on the tensions between trade law and the first generation of human rights, like privacy and free speech, that have been rarely discussed so far. It also addresses a gap in the literature on international economic law and human rights with respect to the impact of digitization. In particular, the essay focuses on the human rights implications of digital trade rulemaking, as a relatively new and dynamic subset of international trade law.
贸易和人权有着复杂而有争议的关系。虽然贸易专家认为人权和贸易法是相互支持的,但人权律师很少赞同这一观点。相反,他们认为,在不同的背景下,如气候变化、文化和发展,国际贸易法的严格规则几乎只关注经济价值,而忽略了人权。本文试图更多地阐明这些界面,特别关注贸易法与第一代人权(如隐私和言论自由)之间的紧张关系,这些问题迄今为止很少被讨论。它还解决了有关国际经济法和人权的文献在数字化影响方面的空白。本文特别关注数字贸易规则制定的人权影响,这是国际贸易法中一个相对较新的动态子集。
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引用次数: 0
Looking to the Horizon: The Meanings of Reparations for Unbearable Crises 展望地平线:不可承受危机的赔偿意义
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.4
Sarah Riley Case
Harms that arise from climate catastrophes deepen already unbearable forms of racial oppression. Both can be traced to accumulative ways of life that justified slavery and colonialism, which shifted into new forms of hegemony under liberal international law. A growing response has been to demand reparations. However, the meanings of reparations are vast and sometimes counterintuitive. This essay reflects on reparations claims emanating from the Caribbean, as one place where race and ecology converge. The Caribbean was forged by Indigenous genocide, the enslavement of African peoples, and the indentured labor of Asian peoples. Today, descendants in the region face subordination under liberal international law and climate catastrophes. Such conditions reveal that reparations are foremost a horizon of transformation away from accumulative ways of life that spread from Europe to the world, structuring the present reality. “Reparations” also refers to immediate justices that meet the demands of those who are harmed, because this prefigures the horizon of transformation by disrupting imperialism. These qualities dispel racializing critiques from the First World that reparations are irrational, or constitute politics separate from law. Reparations can enact legal relations that are meaningful to those “on the bottom,” and emancipatory for everyone, when communities and social movements define them.
气候灾难带来的危害加深了本已难以忍受的种族压迫形式。两者都可以追溯到为奴隶制和殖民主义辩护的不断积累的生活方式,这些生活方式在自由国际法下转变为新的霸权形式。越来越多的回应是要求赔偿。然而,赔偿的含义是广泛的,有时是违反直觉的。这篇文章反映了来自加勒比海的赔偿要求,这是一个种族和生态融合的地方。加勒比地区是由对土著的种族灭绝、对非洲人民的奴役和对亚洲人民的契约劳动锻造而成的。今天,该地区的后代在自由国际法和气候灾难下面临从属地位。这些情况表明,赔偿首先是一种转变,摆脱从欧洲蔓延到世界的积累的生活方式,构成了目前的现实。“赔偿”也指满足那些受到伤害的人的要求的即时正义,因为这预示着通过破坏帝国主义来实现转型的前景。这些品质消除了第一世界的种族主义批评,即赔偿是不合理的,或构成与法律分离的政治。赔偿可以制定对“底层”有意义的法律关系,当社区和社会运动定义它们时,对每个人来说都是解放的。
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引用次数: 0
International Law, Race, and Capitalism: A Marxist Perspective 国际法、种族与资本主义:马克思主义视角
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.5
R. Knox
The Marxist tradition is a crucial voice in the global anti-racist movement. Marxists were at the forefront of the anti-colonial and anti-imperialist movements, with those movements taking up Marxist concepts and deploying them to understand capitalism, race, and colonialism. Yet, these Marxist voices did not reflect systematically on international law. This essay attempts to remedy this neglect and understand what anti-racist and Third Worldist Marxists can offer international legal thought. It begins with a discussion of the typical (liberal) approach to racism in international law. It then explores how Marxists have understood the relationship between racism and capitalism, arguing that this fundamentally impacts upon international law. The essay concludes with an exploration of how these dynamics have played out in international law.
马克思主义传统是全球反种族主义运动的重要声音。马克思主义者站在反殖民和反帝国主义运动的最前沿,这些运动采用了马克思主义的概念,并将其用于理解资本主义、种族和殖民主义。然而,这些马克思主义的声音并没有系统地反映国际法。本文试图弥补这种忽视,并理解反种族主义和第三世界主义马克思主义者可以提供什么样的国际法律思想。它首先讨论了国际法中对待种族主义的典型(自由主义)方法。然后,它探讨了马克思主义者如何理解种族主义和资本主义之间的关系,认为这从根本上影响了国际法。文章最后探讨了这些动态是如何在国际法中发挥作用的。
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引用次数: 0
Introduction to the symposium on Race, Racism, and International Law 种族、种族主义和国际法专题讨论会导言
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.1
E. Achiume, J. Gathii
In
在……里面
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引用次数: 0
Anti-Racism at the United Nations 联合国的反种族主义
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.11
E. Achiume, Gay McDougall
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional innovations and their connection with older mechanisms and milestones. From our experience within this architecture, we reflect on shortcomings and dysfunctions that are built into it, and discuss pressing threats and challenges. We highlight the twenty-year-long, unprincipled opposition of members of the Western Europe and Other States Group (WEOG) within the United Nations to the Durban Declaration and Programme of Action (DDPA), which they have used to block progressive efforts to dismantle contemporary and historic racial injustice. We also highlight recent successes within the architecture, noting remarkable, if tenuous, shifts in the normative framing of racism and racial injustice at the United Nations.
种族不公正和不平等在国际上仍然存在争议,联合国仍然是这一争议的突出场所。在这篇文章中,我们描述了联合国指定的解决种族主义、种族歧视、仇外心理和相关不容忍问题的架构。我们强调最近的规范和体制创新及其与旧机制和里程碑的联系。根据我们在该架构中的经验,我们反思了其中的缺点和功能障碍,并讨论了紧迫的威胁和挑战。我们强调,西欧和其他国家集团(WEOG)成员在联合国内对《德班宣言和行动纲领》长达二十年的无原则反对,他们利用《德班宣言》和《行动纲领》来阻止消除当代和历史上种族不公的进步努力。我们还强调了该架构最近取得的成功,注意到联合国对种族主义和种族不公正的规范框架发生了显著的转变,尽管这种转变很微弱。
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引用次数: 0
Slavery's Afterlives: Humanitarian Imperialism and Free Contract 奴隶制的余生:人道主义帝国主义与自由契约
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.7
Vasuki Nesiah
In 1833, slavery was abolished across the British Empire, but its specter continued to haunt the new labor regimes inaugurated in slavery's wake. While much of the analysis of these dynamics focuses on the triangular trade in the Atlantic, this essay focuses on the Indian Ocean. Slavery was largely replaced by indentured labor in the Indian Ocean world, marking a historically significant shift in the political economy of empire, the legal architecture of labor, and the discourses through which the imperial racial capitalist system was legitimated and contested. In the decades that followed, labor became incorporated into market institutions that continued into the post-colonial era. Yet, today, almost two hundred years later, slavery's spectral presence continues to inhabit international labor policy. I argue that the reference to slavery was incorporated into discourses of protection and free contract in ways that sought to sanitize and rationalize regimes of indenture and wage labor in the Indian Ocean world. Thus, paradoxically, slavery is often invoked in ways that are disconnected from its own material history. This essay seeks to trace the persistence of that double move of invocation and disconnection as itself symptomatic of the past in the present. In the context of the nineteenth century labor regime transitions, we might describe imperialism, humanitarianism, and capitalism as having a Weberian relationship of “elective affinities.” Slavery's haunting of the political and normative imagination of alternative labor systems encapsulated those affinities by fusing the denunciation of slavery with the promise of protection and profit, redeeming humanitarian imperialism and commodified labor.
1833年,大英帝国废除了奴隶制,但奴隶制的幽灵继续困扰着奴隶制之后成立的新劳工政权。虽然对这些动态的分析大多集中在大西洋的三角贸易上,但本文关注的是印度洋。在印度洋世界,奴隶制在很大程度上被契约劳工所取代,这标志着帝国的政治经济、劳工的法律架构以及帝国种族资本主义制度合法化和竞争的话语发生了历史性的重大转变。在随后的几十年里,劳动力被纳入市场制度,这种制度一直延续到后殖民时代。然而,近两百年后的今天,奴隶制的光谱存在仍然存在于国际劳工政策中。我认为,奴隶制的提法被纳入了保护和自由合同的话语中,试图净化和合理化印度洋世界的契约和雇佣劳动制度。因此,自相矛盾的是,奴隶制经常以与自身物质历史脱节的方式被援引。本文试图追溯这种调用和断开的双重动作的持续性,它本身就是过去和现在的症状。在19世纪劳工制度转型的背景下,我们可以将帝国主义、人道主义和资本主义描述为具有“选择性亲和力”的韦伯关系。奴隶制对替代劳动制度的政治和规范想象的困扰,通过将对奴隶制的谴责与保护和利润的承诺融合在一起,救赎人道主义帝国主义和商品化劳动。
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引用次数: 0
Pauli Murray: Human Rights Visionary and Trailblazer 保利·默里:人权梦想家和开拓者
Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.3
D. E. Johnson, C. Powell
While other scholars have discussed Dr. Pauli Murray's remarkable contributions to race and sex equality law,1 few, if any, have placed her contributions within the context of the broader tradition of human rights law. And yet, she identified herself specifically through this lens, using the terminology and law of human rights, in part shaped by her friendship with First Lady Eleanor Roosevelt, a delegate to the UN Drafting Committee for the Universal Declaration of Human Rights (UDHR).2 This essay addresses a lacuna in legal scholarship by exploring the ways in which Murray's work fits into the Black intellectual tradition concerning the human rights idea. It also seeks to provide a greater understanding concerning contributions to human rights (and more broadly, international law) made by Howard University School of Law, where she attended law school and one of us is on the faculty. Among other linkages, Clarence Clyde Ferguson, a dean of Howard Law School and former ambassador, was the first Black president of the American Society of International Law.
虽然其他学者讨论了Pauli Murray博士对种族和性别平等法的杰出贡献,1但很少有学者将她的贡献放在更广泛的人权法传统的背景下。然而,她通过这个镜头,使用人权的术语和法律,明确地表明了自己的身份,部分原因是她与第一夫人埃莉诺·罗斯福的友谊,联合国《世界人权宣言》起草委员会的代表。2本文通过探讨默里的作品如何融入黑人关于人权思想的知识传统,来解决法律学术的空白。它还试图更好地了解霍华德大学法学院对人权(更广泛地说,对国际法)的贡献,她在法学院就读,我们中的一人是该学院的教员。在其他联系中,霍华德法学院院长、前大使克拉伦斯·克莱德·弗格森是美国国际法学会的首位黑人主席。
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引用次数: 0
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