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Papers by Andrej Zwitter
Social Science Research Network, 2020
Take-down policy If you believe that this document breaches copyright please contact us providing... more Take-down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
Cambridge University Press eBooks, 2014
The power of data can be used for good and bad purposes. Roberto Zicari and Andrej Zwitter have f... more The power of data can be used for good and bad purposes. Roberto Zicari and Andrej Zwitter have formulated five principles of Big Data Ethics.
Die Macht der Daten lasst sich fur gute und fur schlechte Zwecke nutzen. Funf Prinzipien fur eine... more Die Macht der Daten lasst sich fur gute und fur schlechte Zwecke nutzen. Funf Prinzipien fur eine Big-Data-Ethik.
Spektrum der Wissenschaft, Nov 12, 2015
Mit der vorliegenden Broschüre werden die Grundzüge der Migrationsund Integrationspolitik in Deut... more Mit der vorliegenden Broschüre werden die Grundzüge der Migrationsund Integrationspolitik in Deutschland im europäischen Kontext erläutert. Neben einer Darstellung der rechtlichen Grundlagen und Voraussetzungen des Asyl, Aufenthaltsund Freizügigkeitsrechts enthält die Broschüre Strukturdaten und Informationen zur Zuwanderung im Allgemeinen und zu einzelnen Zuwanderergruppen. Darüber hinaus werden wichtige Institutionen vorgestellt sowie Ansprechpartner und Adressen genannt.
International journal of disaster risk reduction, Feb 1, 2023
Spektrum der Wissenschaft, Nov 1, 2015
Archiv für Rechts- und Sozialphilosophie, 2012
This article aims to contribute to the theoretical discussion about the rule of law and about its... more This article aims to contribute to the theoretical discussion about the rule of law and about its definition by looking at situations where the rule of law is put to the test – states of emergency. states of emergency and laws of exception have specific characteristics, one fundamental characteristic being that legislative power is shifted to the executive – in other words, democracies become less democratic. By analysing the principle of the rule of law in conjunction with the nature of emergencies and the structure of states of emergency, their interconnection will become more transparent. It will logically demonstrate that rules regarding states of exception concern only liberal democracies and that the rule of law has to continue its rule also within times of crisis. I will argue that there is no democracy without a conception of the rule of law and the rule of law only works in democracies and is therefore inapplicable to authoritarian regimes. Having established that, this article adds to the legal-theoretical understanding of the rules of emergency powers by elaborating them on the basis of the concepts democracy, rule of law and separation of powers.
Current Issues in Tourism, Sep 14, 2021
Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2012
Journal of European Continuing Medical Education, 2021
Social Science Research Network, Nov 20, 2014
Social Science Research Network, 2020
Take-down policy If you believe that this document breaches copyright please contact us providing... more Take-down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
Cambridge University Press eBooks, 2014
The power of data can be used for good and bad purposes. Roberto Zicari and Andrej Zwitter have f... more The power of data can be used for good and bad purposes. Roberto Zicari and Andrej Zwitter have formulated five principles of Big Data Ethics.
Die Macht der Daten lasst sich fur gute und fur schlechte Zwecke nutzen. Funf Prinzipien fur eine... more Die Macht der Daten lasst sich fur gute und fur schlechte Zwecke nutzen. Funf Prinzipien fur eine Big-Data-Ethik.
Spektrum der Wissenschaft, Nov 12, 2015
Mit der vorliegenden Broschüre werden die Grundzüge der Migrationsund Integrationspolitik in Deut... more Mit der vorliegenden Broschüre werden die Grundzüge der Migrationsund Integrationspolitik in Deutschland im europäischen Kontext erläutert. Neben einer Darstellung der rechtlichen Grundlagen und Voraussetzungen des Asyl, Aufenthaltsund Freizügigkeitsrechts enthält die Broschüre Strukturdaten und Informationen zur Zuwanderung im Allgemeinen und zu einzelnen Zuwanderergruppen. Darüber hinaus werden wichtige Institutionen vorgestellt sowie Ansprechpartner und Adressen genannt.
International journal of disaster risk reduction, Feb 1, 2023
Spektrum der Wissenschaft, Nov 1, 2015
Archiv für Rechts- und Sozialphilosophie, 2012
This article aims to contribute to the theoretical discussion about the rule of law and about its... more This article aims to contribute to the theoretical discussion about the rule of law and about its definition by looking at situations where the rule of law is put to the test – states of emergency. states of emergency and laws of exception have specific characteristics, one fundamental characteristic being that legislative power is shifted to the executive – in other words, democracies become less democratic. By analysing the principle of the rule of law in conjunction with the nature of emergencies and the structure of states of emergency, their interconnection will become more transparent. It will logically demonstrate that rules regarding states of exception concern only liberal democracies and that the rule of law has to continue its rule also within times of crisis. I will argue that there is no democracy without a conception of the rule of law and the rule of law only works in democracies and is therefore inapplicable to authoritarian regimes. Having established that, this article adds to the legal-theoretical understanding of the rules of emergency powers by elaborating them on the basis of the concepts democracy, rule of law and separation of powers.
Current Issues in Tourism, Sep 14, 2021
Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2012
Journal of European Continuing Medical Education, 2021
Social Science Research Network, Nov 20, 2014
Handbook on the Politics and Governance of Big Data and Artificial Intelligence, 2023
Big Data and Artificial Intelligence (AI) have pervaded all aspects of modern life. For decades, ... more Big Data and Artificial Intelligence (AI) have pervaded all aspects of modern life. For decades, popular culture and science fiction literature have frequently featured autonomous systems, robots, algorithms and other manifestations—or imaginations—of what data-driven lives could look like. Asimov’s three laws of robotics or Philip K. Dick’s question whether androids dream of electric sheep have inspired not only Hollywood but scientific research too. With the turn to the new millennium, Big Data infrastructures and methods using some form of machine learning gained permanent foothold in scientific debates across all disciplines. They reshape the way scientific success is measured, established and communicated. In a similar manner, politics and governance are heavily influenced and shaped by Big Data and AI. The control over Big Data infrastructures and the ‘possession’ of the most advanced AI—in whichever form available—is a strategic priority for political leaders in the East and the West.
Frontiers in Blockchain, 2021
The design and management of digital identity is a complex challenge. On the one hand, it require... more The design and management of digital identity is a complex challenge. On the one hand, it requires a clear understanding of the parameters that are involved in identity management. On the other hand, it requires the cooperation of many stakeholders. In particular, this involves those public authorities and private organisations that need to be aligned to define technical standards, develop identification infrastructures and maintain them. A shared understanding of fundamental concepts that define identity in the digital age is then a prerequisite. Such a complimentary reflection and evaluation of what the emergence of distributed-ledger technologies means from the perspectives of human rights, human dignity, as well as individual and collective autonomy are essential to ensure their use for good purposes. While technical capabilities are important, they are increasingly insufficient without guiding theoretical frameworks. Sound governance mechanisms which respect, protect and promote human rights such as privacy are equally essential. The COVID-19 pandemic has only further increased the desire to use data to understand and manage our societies (Zwitter and Gstrein, 2020), which also increases the degree to which we are defined through data and our access to digital services.
This book presents a new framework of analysis to assess natural and man-made disasters and human... more This book presents a new framework of analysis to assess natural and man-made disasters and humanitarian crises, and the feasibility of interventions in these complex emergencies.
The past half-century has witnessed a dramatic increase in such crises - such as in Haiti, Iraq and Sudan - and this volume aims to pioneer a theory-based, interdisciplinary framework that can assist students and practitioners in the field to acquire the skills and expertise necessary for evidence-based decision-making and programming in humanitarian action. It has four major objectives:
To provide a tool for diagnosing and understanding complex emergencies, and build on the concepts of state security and human security to provide a ‘Snap-Shot Analysis’ of the status quo;
To provide a tool for analysing the causes of crises as well as the related stakeholder field;
To provide a frame to structure and analyse the information required to evaluate, monitor and/or design interventions for different actors on a project and/or programme level;
To combine concepts used in the humanitarian field with underlying theory in a practically relevant way.
The book will be of much interest to students of humanitarian intervention, human security, peacebuilding, development studies, peace studies and IR in general.
1. Introduction: The Need for Evidence-based Programming in Humanitarian Action, Liesbet Heyse, Andrej Zwitter, Rafael Wittek and Joost Herman 2. Existing frameworks for humanitarian crisis analysis, Liesbet Heyse 3. Context analysis and securitization, Andrej Zwitter and Joost Herman 4. From theory to analysis: H-AID methodology, Rafael Wittek and Andrej Zwitter 5. Conducting a Comprehensive Context Analysis (CCA), Andrej Zwitter 6. The political context, Chris K. Lamont 7. The economic context, Fleur S. Mulder and Bartjan J.W. Pennink 8. The social context, Cécile W.J. de Milliano and Barbara Boudewijnse 9. The health and food context, Rensia R. Bakker 10. The environmental context, Peter D.M. Weesie 11. From context analysis to intervention design, Liesbet Heyse 12. Stakeholder analysis: towards feasible interventions, Rafael Wittek 13. Monitoring, evaluation and learning in humanitarian organizations, Chamutal Afek-Eitam and Adriaan Ferf Conclusion, Liesbet Heyse, Andrej Zwitter, Rafael Wittek and Joost Herman
The laws governing humanitarian action stand at the intersection of several fields of internation... more The laws governing humanitarian action stand at the intersection of several fields of international law, regional agreements, soft law and domestic law. Through in-depth case studies and analysis, expert scholars and practitioners come together to offer an interdisciplinary approach, which includes contributions from legal policy, international relations and philosophical perspectives. Providing invaluable overviews and insights, this collection of essays sheds light on the subject and makes sense of the various elements involved to elucidate the foundations of the different approaches by the different levels of humanitarian law and policy.
Foreword
Introduction Andrej Zwitter, Christopher K. Lamont, Hans-Joachim Heintze and Joost Herman
Part I:
1. International law and humanitarian space in the twenty-first century: challenged relationships Joost Herman
2. The perils of Dunantism: the need for a rights-based approach to humanitarianism Dirk Salomons
3. A humanitarian crisis: reframing the legal framework on humanitarian assistance Emilie Kuijt
4. The utility and limits of legal mandate: humanitarian assistance, the International Committee of the Red Cross, and mandate ambiguity Rotem Giladi
5. Issues of state consent and international humanitarian assistance in disasters: the work of the International Law Commission Sridhar Patnaik Dabiru
6. United Nations involvement in humanitarian assistance: competences of the Security Council to face today's obstructions Heike Montag
7. International norms informing domestic disaster response schemes Heike Spieker
8. A duty to accept humanitarian assistance under the ICESCR Stefanie Jansen-Wilhelm
9. Regional human rights regimes and humanitarian obligations of states in the event of disaster Marlies Hesselman
10. Assessing the complex normative pluralism in humanitarian crises: do local norms matter? Joris Kocken
Part II:
11. Thou shall not … misappropriate humanitarian aid – on European Union humanitarian aid and the fight against corruption Morten Broberg
12. Developments in African disaster response law and the African Union: a view from the field Sanne Boswijk
13. Humanitarian assistance and the right to water: an ASEAN region perspective Diana Philip
14. Indonesian compliance and its effective implementation of international norms on disaster response Heribertus Jaka Triyana
15. Enforcing aid in Myanmar: state responsibility and humanitarian aid provision Andrej Zwitter and Christopher Lamont
16. The regionalization of humanitarian action: the role of the OAS Abel Knottnerus
17. Providing relief in times of war: the role of the ICRC in the Colombian conflict during the Uribe administration (2002–2010) Sandra Borda
18. Humanitarian assistance and failed states: still an issue of sovereignty? The case study of Haiti Hans-Joachim Heintze
19. Principles of neutrality and impartiality of humanitarian action in the aftermath of the 2011 Libyan conflict Kubo Mačák
Conclusion Andrej Zwitter, Christopher K. Lamont, Hans-Joachim Heintze and Joost Herman.
It is becoming increasingly apparent that there are major gaps in International Humanitarian Law ... more It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance.
Routledge
This study examines two important questions regarding terrorism and political violence: which thr... more This study examines two important questions regarding terrorism and political violence: which threats to human security constitute root causes for collective violence and which adequate responses for these root causes are available to the international community.
The responses are examined on the basis of international law, in particular human rights law, and within the concept of human security, with the goal of fostering a long-term reduction in political violence. Drawing on existing political discussions and research about the root causes of terrorism, Zwitter develops a legal framework for the application of legal terrorism prevention tools. This study serves as a framework of action and analysis using concepts and particularly legal frameworks which are already broadly or universally recognized to increase the applicability of the framework without having to invent new legal regimes. In doing so it makes use of the concept of human security for tackling breeding grounds and other facilitators of terrorism making it universally accessible.
Combining social science research with legal sociology and international law, this book will be of interest to students and scholars of politics, international relations, security studies, conflict studies and law.
Delivering humanitarian aid has become a complex issue in contemporary politics and practice. The... more Delivering humanitarian aid has become a complex issue in contemporary politics and practice. The expansion of the humanitarian field caused by an increasing number of humanitarian actors and international donors – such as the EU, the United States, and the United Nations – leads to new questions concerning complex coordination, legitimacy, and accountability. These changes in the humanitarian arena, the so-called “New Wars”, and advances in international law confront humanitarian actors with additional challenges. In turn, such changes require a professionalization of aid in terms of policy and education. This book provides an overview of contemporary challenges and advances in humanitarian action, as well as an inside view to policy-making and higher education in this field.
This book examines the important questions of which threats to human security lead to terrorism a... more This book examines the important questions of which threats to human security lead to terrorism and what can be done by the international community in response. The responses are examined on the basis of international law, in particular human rights law, and within the concept of ...
Benedetta Cappiello and Gherardo Carullo (Eds): Blockchain, Law and Governance, Springer 2021, ISBN 978-3-030-52721-1, 2021
The modern world has brought many technological changes to the daily lives of citizens. The pleth... more The modern world has brought many technological changes to the daily lives of citizens. The plethora of data that is being collected by companies such as Google and Facebook exceed petabytes of data daily. This data is also the driver of new technologies such as machine learning and artificial intelligence. It fuels economies as much as intergovernmental services such as development aid and humanitarian action. In addition to data collection and usage, information infrastructures such as digital ledger technology, specifically blockchain technology, are also adding to the complexity of data and information management. Specifically, since the rise of Bitcoin, blockchain technology is almost being seen a panacea for the management of logistic, governance and information management problems. It has become a sine qua non technology of aspiring companies, start-ups, and government agencies as well as international organizations alike. Its application spans from crypto currency, supply chain management, smart contracts, digital identity management and many more. Benedetta Cappiello and Gherardo Carullo (Eds): Blockchain, Law and Governance, Springer 2021, ISBN 978-3-030-52721-1 Technologies and their inherent design choices create normative structures that affect governance. This chapter aims to illustrate how blockchain technology in particular introduces new norms into a legal framework. We first analyze the different forms of governance by distinguishing between old and new governance. With a view to code that functions as legal norms, Blockchain technology is particularly suited to create governance structures and mechanisms. However, one needs to be aware of the norms that are implicitly introduced into the legal system by a specific blockchain technology. We look at the blockchain technology that underlies cryptocurrencies such as Bitcoin. This blockchain introduces a decentralized, transparent, cryptographically locked and thus immutable shared ledger. In summary, these design choices have normative powers over the user and over user interaction. If this is indeed the case, then regulators have to actively assess newly introduced digital ledger technology and other technologies for their effect on the normative and legal system.
Doing what is right is not always easy. Doing what is right is not optional if one wants to call ... more Doing what is right is not always easy. Doing what is right is not optional if one wants to call oneself a professional in a globalized world. Acting within the general boundaries of ethically acceptable margins of society is a prerequisite of being a full and equal member of society. Acting within the specific ethical boundaries of a profession is likewise a prerequisite of being allowed to call oneself a member of this profession. Codes of conducts thus form an integral part of professions.1 Some of these codes are more elaborate, others are quite general: most of them take in account the specificities of their profession. But are there universal principles in professional ethics that one has to adhere to independently of the profession and independently of the cultural-ethical background one belongs to if one truly wants to call oneself a global citizen?
If a universal code of professional ethics is possible, it must be sufficiently general to cover most of the common scenarios a professional might find herself in and specific enough to give action guidance. Such a code, which this essay will develop, could form the basis of more specific codes of ethics for different professions. This chapter aims to develop principles, which could function in conjunction as a universal code of ethics. At the same time, it will highlight potential pitfalls that one might encounter when applying these principles or trying to use them as a basis for more specific professional codes of conduct.
Research Handbook on International Law and Terrorism, 2013
Terrorism thrives on the suffering of people. Underdevelopment, unemployment, poor governance, an... more Terrorism thrives on the suffering of people. Underdevelopment, unemployment, poor governance, and absence of the rule of law in combination with grievances are among the factors that facilitate the radicalization of people and the recruitment of new members to terrorist organizations. These conditions are being addressed by humanitarian action and development aid through the delivery of food, shelter, education, good governance training and other elements of a sustainable livelihood that people are entitled to under international human rights standards.
This chapter will give an introduction to the general laws and norms, as well as the terrorism-specific policies and laws, governing humanitarian and development aid. It will further highlight the controversies caused by the clash of humanitarian principles and counter-terrorism policies. In some instances humanitarian aid and development aid differ in terms of the legal norms applicable; hence, this chapter will refer to ‘aid’ when both types are concerned but otherwise specify ‘humanitarian aid’ or ‘development aid’.
Mainstreaming Human Security: Potentials, Problems, Policies, 2010
When peace operations and crisis management have to deal with the question of human rights implem... more When peace operations and crisis management have to deal with the question of human rights implementation it is usually a question of how to sequence or prioritize different categories of human rights. 1 The common sense claims that basic needs have to be covered first; but how does this relate to human rights? How can we measure needs in terms of human security and what does this mean for human rights implementation? This article presents a conceptual tool for measuring human security based on a human needs approach incorporating human rights. The article draws from the lessons learned from peace operations, which often face resistance from the local population when implementing human rights that contrast with the local culture, religion or other values. This framework presented herein has two aims: (1) The framework allows the intervening actors to still fulfil their human rights mandate under the principles of neutrality and impartiality.
Lina Svedin (ed.): Ethics and Crisis Management , 2011
The work of international humanitarian organizations is fundamentally ethical by nature if only b... more The work of international humanitarian organizations is fundamentally ethical by nature if only because they constantly need to decide about who to help and who not, what to do and not, and when to start and stop, given their limited monetary and human resources. Consequently, the work and decisions of these organizations have great impact upon the lives of those they aim to help. The presence of humanitarian organizations, and the way they work, can mean the difference between life or death for those who are struck by disaster or conflict.
In addition, the moral and normative foundations of international humanitarian organizations – whose headquarters are predominantly based in the western world – implicitly or explicitly reflect a specific interpretation of humanitarianism (see Calhoun 2008 for a historical overview). It is this particular interpretation that influences the work methods and actions of international humanitarian organizations in such a way that it might create even more (difficult) ethical challenges, especially in particular cultural contexts, as we will argue in this chapter. Hence, this chapter discusses the ethical ramifications of the normative foundations and resulting behavior of a particular group of crisis managers (international humanitarian organizations) in a specific type of crisis (humanitarian emergencies) in certain cultural (non-Western) contexts.
Co-Existing in a Globalized World: Key Themes in Inter-professional Ethics, 2013
International relations research is again engaging with ethical and moral questions in both norma... more International relations research is again engaging with ethical and moral questions in both normative and empirical research. This paper sets out to highlight some potential pitfalls that one might encounter: (1) the problem of distinguishing normative from empirical; (2) reducing the scope on the multitude of actors on different levels of analysis and on the fact that most of them are considered entities in their own right (states, international organizations, nongovernmental organizations, individuals). It is the article's aim to show that ad (1) the normative assumptions can hardly be avoided even in empirical research on ethics in international relations and that ad (2) the most common normative assumption, i.e. the agency of the state and other corporate actors, potentially bears some problematic theoretical and practical consequences
Ben Saul (ed), Research Handbook on International Law and Terrorism, Edward Elgar, 2013
This chapter will give an introduction to the general laws and norms, as well as the terrorism-s... more This chapter will give an introduction to the general laws and norms, as well as
the terrorism-specific policies and laws, governing humanitarian and development aid.
It will further highlight the controversies caused by the clash of humanitarian principles
and counter-terrorism policies. In some instances humanitarian aid and development aid
differ in terms of the legal norms applicable; hence, this chapter will refer to ‘aid’ when
both types are concerned but otherwise specify ‘humanitarian aid’ or ‘development aid’.
Demokratie im globalen Wandel
Zweck dieses Kapitels ist es, die rechtstheoretische Diskussion über das Konzept der Rechtsstaatl... more Zweck dieses Kapitels ist es, die rechtstheoretische Diskussion über das Konzept der Rechtsstaatlichkeit mit Blick auf dessen Definition voran zu treiben. Diesbezüglich sollen das Demokratie-Prinzip und die Prinzipien der Rechtsstaatlichkeit und Gewaltenteilung auf Situationen angewandt werden, in denen der Staat auf seine Prinzipientreue am stärksten geprüft wird – der Ausnahmezustand. Staatsnotstände und Notstandsgesetzgebung orientieren sich für gewöhnlich an gewissen Strukturen. So zum Beispiel ist ein grundlegendes Merkmal des Staatsnotstandes, dass legislative Befugnisse auf die Exekutive übergehen – mit anderen Worten, Demokratien werden weniger demokratisch. In diesem Sinne versucht dieses Kapitel zum rechtstheoretischen Verständnis des Notstandes durch die Ausarbeitung der Prinzipien Demokratie, Rechtsstaatlichkeit und Gewaltenteilung beizutragen.
International Law and Humanitarian Assistance, Jan 1, 2011
Since the end of the cold war, the United Nations (UN) System in regard to humanitarian assistanc... more Since the end of the cold war, the United Nations (UN) System in regard to humanitarian assistance developed incredibly fast. Numerous resolutions of the Security Council, the General Assembly and the Economic and Social Council have been adopted and specialized bodies like the ...
What one considers to be a moral act can be described as unmoral by the other. A state increasing... more What one considers to be a moral act can be described as unmoral by the other. A state increasing its power for the welfare of its own people might act according to his moral obligation towards his citizen. However the people of other countries might see that differently. Pluralists' ...
The State of Emergency Mapping Project has completed Phase 2, by extending the database from 16 t... more The State of Emergency Mapping Project has completed Phase 2, by extending the database from 16 to 21 years of coverage – the period 1995-2015. With more than 300 entries on human rights derogations, their causes, duration etc., this extended version of the original database provides deeper insights into the causes and effects of emergency declarations.
The database is accessible open access via: http://emergencymapping.org/database2.html
Digital Identity has commonly assumed to be mostly machine identity (e.g. IP address) rather than... more Digital Identity has commonly assumed to be mostly machine identity (e.g. IP address) rather than a personal identity. That this is an outdated perspective since quite some time can easily be illustrated by many examples of data warehouse trade about customer information, google’s and facebook’s efforts to create a general identity for logins to other sides and the prerequisite of modern smartphones to connect to a digital ID in order to work at all.
More than a decade ago, Kim Cameron formulated the 7 Laws of Identity aiming to guide the way from a patchwork of identity one-offs to a universal identity. A decade later, only first attempts to a universal identity are made, but the reality remains that the individual is composed of a patchwork of identities, usernames, passwords etc. The obstacle to a meta-identity is the enforcement of one standard in cyberspace, as the battle over single-log-on’s between Google and Facebook illustrates. Interestingly enough, the solution might be found not in the private but the public sector.
Conference Presentation: 2018 Utrecht Conference on Earth System Governance. Journal article fort... more Conference Presentation: 2018 Utrecht Conference on Earth System Governance. Journal article forthcoming in Futures (2020).
Frontiers in Blockchain (Forthcoming), 2020
While ‘classical’ human identity has kept philosophers busy since millennia, ‘Digital Identity’ s... more While ‘classical’ human identity has kept philosophers busy since millennia, ‘Digital Identity’ seems primarily machine related. Telephone numbers, E-Mail inboxes, or Internet Protocol (IP)-addresses are irrelevant to define us as human beings at first glance. However, with the omnipresence of digital space the digital aspects of identity gain importance. In this submission, we aim to put recent developments in context and provide a categorization to frame the landscape as developments proceed rapidly. First, we present selected philosophical perspectives on identity. Secondly, we explore how the legal landscape is approaching identity from a traditional dogmatic perspective both in national and international law. After blending the insights from those sections together in a third step, we will go on to describe and discuss current developments that are driven by the emergence of new tools such as ‘Distributed Ledger Technology’ and ‘Zero Knowledge Proof’. One of our main findings is that the management of digital identity is transforming from a purpose driven necessity towards a self-standing activity that becomes a resource for many digital applications. In other words, whereas traditionally identity is addressed in a predominantly sectoral fashion whenever necessary, new technologies transform digital identity management into a basic infrastructural service, sometimes even a commodity. This coincides with a trend to take the ‘control’ over identity away from governmental institutions and corporate actors to ‘self-sovereign individuals’, who have now the opportunity to manage their digital self autonomously. To make our conceptual statements more relevant, we present several already existing use cases in the public and private sector. Subsequently, we discuss potential risks that should be mitigated in order to create a desirable relationship between the individual, public institutions, and the private sector in a world where self-sovereign identity management has become the norm. We will illustrate these issues along the discussion around privacy, as well as the development of backup mechanisms for digital identities. Despite the undeniable potential for the management of identity, we suggest that particularly at this point in time there is a clear need to make detailed (non-technological) governance decisions impacting the general design and implementation of self-sovereign identity systems. FULL VERSION AVAILABLE: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3454513
Journal of International Humanitarian Action , 2020
The COVID-19 pandemic leads governments around the world to resort to tracking technology and oth... more The COVID-19 pandemic leads governments around the world to resort to tracking technology and other data-driven tools in order to monitor and curb the spread of SARS-CoV-2. Such large-scale incursion into privacy and data protection is unthinkable during times of normalcy. However, in times of a pandemic the use of location data provided by telecom operators and/or technology companies becomes a viable option. Importantly, legal regulations hardly protect people's privacy against governmental and corporate misuse. Established privacy regimes are focused on individual consent, and most human rights treaties know derogations from privacy and data protection norms for states of emergency. This leaves little safeguards nor remedies to guarantee individual and collective autonomy. However, the challenge of responsible data use during a crisis is not novel. The humanitarian sector has more than a decade of experience to offer. International organisations and humanitarian actors have developed detailed guidelines on how to use data responsibly under extreme circumstances. This article briefly addresses the legal gap of data protection and privacy during this global crisis. Then it outlines the state of the art in humanitarian practice and academia on data protection and data responsibility during crisis.