[governance] Fw: [IP] DL- One Man's Freedom is Another Man's Imperialism (via Evgeny Morosov)

[Barry Shein]

On January 7, 2015 at 12:13 parminder at itforchange.net (parminder) wrote:
 > 
 > On Wednesday 07 January 2015 12:32 AM, Barry Shein wrote:
 > > I don't think you have an "exceptionally poor IQ" :-)
 > >
 > > But there is a whiff of moral nihilism inherent in this.
 > 
 > Not at all. That is one one thing you can hardly ever accuse me of :)
 > >
 > > That said the problem we continue to run up against is no effective
 > > international dispute resolution process.
 > What about the International Court of Justice. In my view, with the 

Has the ICJ ever gotten around to indicting anyone over the 9/11
attacks? Did they indict Osama bin Laden or others named (KSM, et al)?

To my knowledge, no. I suppose the effect on the World Trade Center in
NYC (etc) and boasting by OBL (et al) did not constitute sufficient
evidence to indict.

Or that's not what they do, my misunderstanding.

What do they do, exactly? Reading over their decisions they seem more
useful in cases where the two sides in dispute are likely to accept
their jurisdiction. Is North Korea (DPRK) likely to accept their
jurisdiction?

   http://www.icj-cij.org/docket/index.php?p1=3&p2=2

 > digital encompassing a largely boundary-less world, there should be a 
 > separate digital bench of the ICJ. (Some organisations have suggested 
 > this as a part of the new institutional landscape that we need for 
 > global IG). But for that we need to develop international law bec ICJ 
 > applies international law - for which we need venues to legitimately 
 > develop international law..... Which is something many of us have been 
 > struggling for a long time, including in this space.
 > 
 > >   Even if we were to assume
 > > the worst the DPRK is accused of were true, or Iran for that matter
 > > (much of which is quite believable if for no other reason than they
 > > boast about it) what is the resolution process? Beyond a group of
 > > probably reasonable people agreeing to issue a statement sympathizing
 > > with one side or another?
 > 
 > The above is a clear plan of action, not just a vacant statement of 
 > outrage and sympathy. (and my proof against allegation of moral nihilism 
 > :) ) My view is that civil society should be working on such plans, to 
 > promote global public interest. But a lot of them seem to have other 
 > plans, for instance, joining up with big business like at the WEF to 
 > block development of international law and norms in this area...
 > 
 > parminder

That said, perhaps the ICJ would be useful in the internet sphere.

-- 
        -Barry Shein

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