yeahforsureman
Joined 9 years ago
Joined 9 years ago
The Court's case law is recognized as is by EU, and includes some landmark privacy rulings, e.g., against access to contents and metadata of electronic comms without a court order (or comparable legal safeguards), or any forms of bulk surveillance.
I wasn't aware of these things back then, but I've been sad to find out it's not like we weren't warned about exactly this way back in the 90s when the crucial first steps were taken. Including by Paul Krugman, of all people!
Of course, it was the 1990s, from "Winds of Change" to Western neoliberalism as the End of History. And the elite belief in integration advancing "one crisis at a time" was well-established by then. Easy to say now, but did they really think public debt crises and bailing out national governments would create better conditions for having a mature discussion about EU-level fiscal transfers and taxation without drawing in the worst of our national stereotypes and trust issues, zero-sum thinking, and widespread beliefs about the Brussels bureaucrats completely detached from the realities of the common man, issuing directives about the correct curvature range of cucumbers while shoveling regional aid funds to smooth-talking Neapolitan gangsters to promote more sustainable EU waste management strategies, or whatever?
In some of those states, the provisions of the Covenant may be considered directly applicable/self-executing, having the legal force of a provision of constitutional rank, while others require some kind of national step or implementation. Whatever the case, it's arguably at the level of incorporation into national law, though, that the ICCPR has exerted its greatest impact. Basically, post-WW2, when anywhere in the world a national constitution has been framed, the ICCPR has served as the natural yardstick for drafting the fundamental rights provisions.
And beyond nation states, I'm glad we're not dependent on UN bodies and agencies for the development and enforcement of human and fundamental rights more globally either. Sure, the European Court of Human Rights doesn't have an army of its own, and part of the influence and relevance of the law it creates is a bit squishy, frankly, hinging on the authority, gravitas and respect bestowed on it by a somewhat opaque and shifting web of institutions and so on. It's certainly not nothing, though, especially since nowadays the ECHR's jurisprudence is mainlined by the ECJ basically uncut, and also applied as constitutional-level law by the rest of the eurocracy basking in the supremacy of Union law.
But I don't know, man, this human rights talk is always a bit of a gamble in terms of using your time well, at least if addressing a crowd where potentially more people support the death penalty than the ICC.
Personally, I find "loyalty" perhaps the most fascinating one of those, being "irrational" for the individual almost by definition but sometimes, for example, proving out to be the only "glue" holding an organization together through a period of incurable-looking decline followed by an eventual recovery (in the lucky cases).
I don't know what you mean by a rugpull exactly, but of course in theory you can grant/obtain very extensive rights under a CLA as well, including eg the permission to relicense your contributions under whatever terms the licensee prefers. CLAs are a great way to centralize the IPR in an open source project for practical purposes like license enforcement, but in case the CLA terms allow it, the central governing entity could also obtain the right to switch the license even to a, say, commercial one. (Such terms would usually be a red flag for contributors though.) And in any case, that kind of CLA wouldn't still close off the code already released under the previous open-source license, and neither would it prevent you from licensing your own contributions under terms of your choice.