Episode 33: Owning the Future? International Law and Technology as a Critical Project - EJIL: The Podcast!
Episode 33: Owning the Future? International Law and Technology as a Critical Project Episode 33 • 2nd May 2025 • EJIL: The Podcast! • European Journal of International Law 00:00:00 00:47:44 1 Notes Links Follow Share Notes Links Follow Share Share Episode Share Copy link Start at Embed Copy code Download Audio Share to X Share to LinkedIn Shownotes International law operates in a world of rapid technological transformation. From the battlefield to the border, from online content moderation to open-source investigation, from humanitarianism to development, from counterterrorism to migration management, practices of central concern to international lawyers are progressively altered by the introduction of new technological tools. Many of these developments are troubling. The use of advanced algorithmic targeting tools used by Israel in Gaza instantiates both the tremendous civilian harm that data-driven technologies amplify and inflict, as well as the limitations of our existing legal repertoire in registering the nature, depth and scale of such harms. These injustices are layered onto the entrenched hierarchies, inequalities and sanctioned forms of violence in international law, but they also take on novel shapes as power and authority are routed along digital paths. In this episode, Dimitri Van Den Meerssche (Queen Mary University of London) is joined by Angelina Fisher (Guarini Global Law and Tech initiative, NYU) and André Dao (Laureate Program in Global Corporations, Melbourne Law School). Their conversation, drawing on a recent EJIL book review symposium , spans the co-constitutive relations between international law and technology, the limits of human rights, and new avenues for legal critique and resistance that reclaim a shared, collective future against its algorithmic appropriation. Other scholarship mentioned in the course of the episode includes: Édouard Glissant, Poetics of Relation (translated by B. Wing) (1997); Sally Engle Merry, Human Rights and Gender Violence – Translating International Law into Local Justice (2005); Fleur Johns, Non-Legality in International Law: Unruly Law (2013); Ratna Kapur, Gender, Alterity and Human Rights – Freedom in a Fishbowl (2020); Yuk Hui, The Question Concerning Technology in China: An Essay in Cosmotechnics (2021); Henning Lahmann, ‘ Self-Determination in the Age of Algorithmic Warfare ’ (2025) European Journal of Legal Studies 161–214. Follow RSS Links Chapters Video More from YouTube
Executive Summary
The podcast episode 'Owning the Future? International Law and Technology as a Critical Project' explores the intersection of international law and rapid technological advancements. The discussion, featuring Dimitri Van Den Meerssche, Angelina Fisher, and André Dao, delves into how technology is transforming various aspects of international law, from warfare to human rights. The episode highlights the limitations of current legal frameworks in addressing the harms exacerbated by technological tools, such as algorithmic targeting in conflicts. It also examines the co-constitutive relationship between international law and technology, the constraints of human rights in the digital age, and potential avenues for legal critique and resistance to reclaim a collective future.
Key Points
- ▸ The impact of technology on international law practices, including warfare and human rights.
- ▸ The limitations of existing legal frameworks in addressing technological harms.
- ▸ The co-constitutive relationship between international law and technology.
- ▸ The constraints of human rights in the digital age.
- ▸ Avenues for legal critique and resistance to reclaim a collective future.
Merits
Comprehensive Analysis
The episode provides a thorough examination of the interplay between international law and technology, covering a wide range of topics and perspectives.
Expert Insights
The discussion features insights from renowned academics, offering a nuanced understanding of the subject matter.
Relevance to Current Issues
The episode addresses pressing contemporary issues, such as the use of algorithmic tools in warfare, making it highly relevant to current debates.
Demerits
Lack of Concrete Solutions
While the episode highlights problems and potential avenues for resistance, it does not provide concrete solutions or actionable steps.
Complexity for General Audience
The depth and complexity of the discussion may make it less accessible to a general audience without a background in international law or technology.
Expert Commentary
The podcast episode 'Owning the Future? International Law and Technology as a Critical Project' offers a critical and timely examination of the intersection between international law and technology. The discussion is particularly insightful in its exploration of how technological advancements are reshaping traditional practices within international law, from the battlefield to human rights. The episode effectively highlights the limitations of current legal frameworks in addressing the harms exacerbated by technologies such as algorithmic targeting. The co-constitutive relationship between international law and technology is a compelling aspect of the discussion, emphasizing how technology not only influences but is also influenced by legal structures. The constraints of human rights in the digital age are another critical area of focus, underscoring the need for a more robust and adaptive legal framework. The episode's exploration of avenues for legal critique and resistance provides a forward-looking perspective, advocating for a collective future that is not solely determined by technological advancements. However, the discussion could benefit from more concrete proposals for actionable steps and solutions, which would make it more practical for policymakers and legal practitioners. Overall, the episode is a valuable contribution to the ongoing debate about the future of international law in an increasingly technologically driven world.
Recommendations
- ✓ Develop concrete proposals for legal frameworks that can address the unique challenges posed by technological advancements.
- ✓ Encourage further research and dialogue on the ethical implications of technology in international law, involving a diverse range of stakeholders.
