New Technologies and Human Rights: Challenges to Regulation

New Technologies and Human Rights: Challenges to Regulation

By: Lucio Tome Feteira (author), Norberto Nuno Gomes De Andrade (author), Lucas Lixinski (editor), Mario Viola de Azevedo Cunha (editor)Hardback

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Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

About Author

Mario Viola de Azevedo Cunha is an Associate Professor of Private Law at the Centro de Estudos e Pesquisas no Ensino do Direito of the Rio de Janeiro State University (Brazil), and a State Attorney of the Municipality of Saquarema (Brazil). He holds a PhD in Law and a MRes from the European University Institute (Italy), an LLM in Private Law from Rio de Janeiro State University and has undertaken post-graduate studies in Private Law (Rio de Janeiro State University) and in Consumer Law (Fluminense Federal University, Brazil). Norberto Nuno Gomes de Andrade is a Scientific Officer at the Institute for Prospective Technological Studies (IPTS) of the European Commission's Joint Research Centre, and a Research Fellow at the Hague Institute for the Internationalisation of Law (HiiL, The Netherlands). He holds a PhD in Law and Technology and a MRes from the European University Institute (Italy), an MA in International Relations and European Studies from the Central European University (Hungary), and an LLB from the University of Lisbon. Lucas Lixinski is the Dean's Postdoctoral Research Fellow at the University of New South Wales Faculty of Law, Australia. He holds a PhD in International Law from the European University Institute (Italy), an LLM in International Human Rights Law from the Central European University (Hungary(), and an LLB from the Federal University of Rio Grande do Sul (Brazil). LAcio Tome Feteira holds a PhD in Competition Law and a MRes from the European University Institute (Italy), an LLB from the Portuguese Catholic University (Lisbon) and has undertaken post-graduate studies in Commercial and Corporate Law (Coimbra) and in Competition and Regulation (Lisbon).


Contents: Preface; Introduction; Part I General Legal and Philosophical Aspects of the Interaction between Human Rights and New Technologies: Human rights in the information society: utopias, dystopias and human values, Giovanni Sartor; Knowledge and new technologies: from ethics to politics and law, Maria da Gloria F.D.P. Garcia. Part II Freedom of Expression in the Online Environment: To block or not to block European approaches to content regulation, and implications for freedom of expression, Yaman Akdeniz. Part III Intellectual Property, Competition Rules and New Technologies: Intellectual property and human rights: Northern and Southern perspectives, Ana E. Santos; (Right to) development and international transfer of technology: a competition law perspective, Lucio Tome Feteira. Part IV Biobanks, Bioethics and Human Rights: Prometheus, Golem & Co: bioconstitution and bodiliness in a '(world) risk society', Joao Carlos Loureiro; Protecting persons v. protecting humans in biobanks, Judit Sandor. Part V Reproductive Technologies and Human Dignity: Human reproduction and human dignity as a constitutional concept, Miguel Nogueira de Brito; The constitutional debate on stem cell research, human rights and dignity: the law and a recent court ruling in Brazil, Luiz Edson Fachin. Part VI Balancing Privacy and Security: Angels and demons: data protection and security in electronic communications, Pedro Ferreira; Privacy, security and new technologies: a Brazilian approach to privacy issues in the public security field, Mario Viola de Azevedo Cunha and Danilo Doneda. Part VII Emerging Issues: Proposing a right to identity within the international framework of human rights: issues and prospects, Norbert Nuno Gomes de Andrade and Paul De Hert; Legal implications of the privatization of cyber warfare, Lucas Lixinski; Internet content filtering in Latin America: reasons and impacts on freedom of expression, Joana Varon Ferraz, Carlos Affonso Pereira de Sousa, Bruno Magrani and Walter Britto; Nanotechnology, human rights, patent law and the global South: a brief overview, Ana Nordberg; Index.

Product Details

  • ISBN13: 9781409442165
  • Format: Hardback
  • Number Of Pages: 352
  • ID: 9781409442165
  • weight: 908
  • ISBN10: 1409442160

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