Glukhin v. Russia Monika Zalnieriute
The American journal of international law,
12/2023, Volume:
117, Issue:
4
Journal Article
Peer reviewed
Facial recognition technologies-freedom of expression-right to private life-surveillance-protest- biometric data-data privacy--European Convention on Human Rights.
In The Pilot-Judgment Procedure of the European Court of Human Rights Dominik Haider examines if this recent approach to tackle structural human rights deficiencies in member states is reconcilable ...with the European Convention on Human Rights.
Recently, the Grand Chamber of the European Court of Human Rights handed down its decision about the repatriation of Daesh-involved family members of French citizens. The judgment has been widely ...commented on in the French and international press. The overall impression that emerged was that of a victory for the applicants and a clear denunciation of French policy regarding the general non-repatriation of French children and their mothers encamped in north-eastern Syria. Reality is, however, very different. In fact, the Court’s decision is very measured. In many respects, it does (too) little and comes (too) late.
When courts started publishing judgements, big data analysis (i.e. large-scale statistical analysis of case law and machine learning) within the legal domain became possible. By taking data from the ...European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict (future) judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our (relatively simple) approach highlights the potential of machine learning approaches in the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance (average accuracy range from 58 to 68%). Furthermore, we demonstrate that we can achieve a relatively high classification performance (average accuracy of 65%) when predicting outcomes based only on the surnames of the judges that try the case.
Abstract
Due diligence is at the heart of the United Nations Guiding Principles on Business and Human Rights, which establish the main parameters internationally for considering corporate ...responsibility for human rights violations. However, the Guiding Principles invoke two different concepts of due diligence: the first is a process to manage business risks and the second is the standard of conduct required to discharge an obligation. In this article, we show that the Guiding Principles invoke these two concepts without explaining how they relate to each other. This confusion creates uncertainty about the extent of businesses’ responsibility to respect human rights and uncertainty about how that responsibility relates to businesses’ correlative responsibility to provide a remedy when they infringe human rights. On this basis, we propose and justify an interpretation of the Guiding Principles that clarifies the relationship between the two concepts of due diligence.
Full text
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IZUM, KILJ, NUK, PILJ, PNG, PRFLJ, SAZU, UL, UM, UPUK
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and ...post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language model embeddings are evaluated. We show that topics derived by the pipeline are consistent with legal doctrines in both areas and can be useful in other related legal analysis tasks. This article is part of the theme issue 'A complexity science approach to law and governance'.
Abstract
This article presents the contours of a “dialogical model” of adjudication arising from the practice of the European Court of Human Rights that is profoundly transforming inherited notions ...of rights, legal reasoning, legal authority, and the rule of law more generally. The dialogical model is characterized by a form of reasoning that is not self-reliant or autonomous, but internally constituted by the interaction of multiple voices, normative perspectives, and institutional standpoints. What is defined as dialogical, however, is not the inclusion of this or that discrete voice, but the entire process of adjudication, including: how issues are framed; the need to consider cases as a whole; their embeddedness in large swathes of normative magma; the self-reflexive assessment of the Court’s position and trajectory; the relational understanding of the Court’s authority; and the fact that each and every decision constitutes a notion of democracy that is plural, many-voiced, and inherently in tension. Beyond a mere polyphony of voices, therefore, this is an entirely new paradigm to conceive the Court’s task, which differs markedly from the two main paradigms of understanding human rights adjudication, namely the rights-based model and proportionality analysis. After describing the shortcomings of the latter two paradigms fully to account for the Court’s practice, the article presents the features of the dialogical model. Ultimately, this is a judgment about the collective self-definition of democratic societies, which necessitates a reassessment of the countermajoritarian difficulty to account for the democracy-constituting role of the Court.
The article analyzes the use of precedent by the European Court of Human Rights. It examines the various types of precedents in the practice of the Court and how they are utilized. It discusses ...different methods of development of case law, including overruling precedents, branching of the case law, and fragmentation of the case law. The article also proposes guidelines for the orderly development of case law.
Austrian Constitutional Court-Organization of the Petroleum Exporting Countries (OPEC) - immunity and inviolability of international organizations-European Convention on Human Rights (ECHR)-right of ...access to a court-'Waite and Kennedy v. Germany'.
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