Science, Science Fiction and International Law

Prof. Francesco FRANCIONI with the participation of Orna BEN NAFTALI (FBF)

Thursday, 11.00-13.00, Sala Triaria

Administrative Assistant: Annick Bulckaen 

Starts on 6 October

6 credits

 

Seminar description

The purpose of this seminar is to explore how international law interacts with scientific innovation and art, especially art in the form of fiction literature. History shows that sometimes law has trumped science (Galileo), sometimes science has prevailed over law (scientific experiment over human beings). On the other hand art, as a form of expression traditionally devoted to the imitation of nature, is more and more dedicated to capturing dreams, fears and collective aspirations which are the wellspring of scientific and technical innovations. This is apparent with regard to science fiction and literature which anticipated the contemporary exploration and exploitation of the abyss of the oceans, the longing for the escape from the confines of the earth and the search for life in outer space and other celestial bodies. Today, science fiction and science converge in posing new challenges to international law: we try to create life in a test tube, to delay death by sophisticated bio-medical devices, to build “better humans” by genetic manipulation or create form of artificial intelligence that go beyond human possibilities. What is the role of international human rights in this context? What is the impact of scientific and technological advances on international humanitarian law and on the lawful conduct of hostilities in time of armed conflict? How will the relationship between human beings and nature, as regulated, by environmental law, be affected by this change? Is there a link between the narrative of scientific progress and the consolidation of political and economic power in the age of globalization?  How does technological innovation and the narrative of scientific progress affect the idea of sovereignty?

 

This seminar will address these questions in ten sessions organized according to the following tentative schedule:

1. Inroduction: the challenge of scientific innovation to the international legal order
2. Science fiction and the narrative of international law
3. The impact of technological thinking on the idea of sovereignty (with the participation of a guest speaker)
4. Drones, draftees and international humanitarian law (with Orna Ben Naftali, fbf)
5. Cyber attacks and the law of armed conflict
6. Stem cell regulation, patenting and international human rights (Green Peace v. Brustle, ECJ 2011)
7. Biotechnologies, agriculture and the tale of the right to food ( with a guest speaker from UNCTAD)
8. ICT, privacy and surveillance (with a guest speaker)
9. ICT as a tool for enforcing human rights and as a means for causing human rights abuses.
10. Final round table.