Thesis

thesis abst123

Abstract

The thesis is concerned with data protection, privacy and human rights in relation to the United States and United Nations’ judicial arm, the International Court of Justice and jurisprudence. It deals with the extent to which the United States regime complies with the United Nations and the International Court of Justice with a focus on privacy and data protection as a human right. In the overall view it may be argued that the topic is a hypothetical one, because there is no such United Nations agency or treaty to test this directly. The short answer is, it does not comply. Therefore this thesis focused more broadly and looks at the likelihood of such compliance. In so doing the underlying factors and key issues were investigated and two distinct knowledge archives and a literature review were created. One knowledge archive explored historical factors and trends in United States’ data protection and privacy behaviour. Thus a chronology of the United States’ legal positions in relation to privacy and data protection was constructed and the findings were analysed. From them, conclusions were drawn. A similar approach was taken in relation to a study on the International Court of Justice jurisprudence in relation to the United States. The United States ratification of, beach and subsequent withdraw from, the Vienna Convention on Consular Relations (1963) in relation to breach of Article 36 and with regard to human rights were brought into view and the positions were examined. With regard to the United States compliance with the International Court of Justice (ICJ) the findings are allied to those of Professor D’Alembertew who noted in this context: the United States is “a good example of a bad world citizen”, and as ICJ Justice Donoghue put it: “the United States has always had a love-hate relationship with the International Court of Justice”. While the preservation of privacy is deeply rooted in the history of the United States, it is also so that currently its approaches to privacy and data protection internationally is a deeply strained one — given the extent to which its metadata telephony programmes were orchestrated and applied in recent times. This thesis also explores these trends.

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