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Digital Media, Secrecy, and International Lawmaking
Abstract
The introduction of digital technologies in political communications has added new dimensions to international lawmaking and to the interactions between citizens and governments on a global scale. This chapter gives both a theoretical background and concrete examples that demonstrate how the new media has augmented the power of global civil society. The period of time under scrutiny is very recent—end of 20th to beginning of 21st century—and therefore the focus is on treaties as sources of international law, rather than on customary international law. Since international treaties are negotiated both within supra-national structures, like the UN, and also between countries outside of those organizations, the chapter superimposes the two processes with a special emphasis on the culture of secrecy in both cases. The organizations and treaties that are reviewed are the United Nations (in a more general fashion), the World Trade Organization (WTO), and the Anti-Counterfeit Trade Agreement (ACTA), with a mention of the failure of the OECD Multilateral Agreement on Investment (MAI) for a global social movement parallel. The reason for putting those cases in the spotlight is that they deal with trade aspects that affect people the world over. In addition, the protests against them, the anti-globalization ones in Seattle 1999, the 1997 anti-MAI, and the 2012 anti-ACTA movements were all organized and mobilized through the Internet.
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