The COVID-19 pandemic has forced courts around the world to embrace technology and other innovative measures in order to continue functioning. This article explores how Australian courts have approached this challenge. We show how adaptations in response to the pandemic have sometimes been in tension with principles of open justice, procedural fairness and access to justice, and consider how courts have attempted to resolve that tension. |
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The Use of Technology (and Other Measures) to Increase Court CapacityA View from Australia |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | court capacity, COVID-19, Australia, online dispute resolution, open justice, procedural fairness, access to justice, online courts, justice technology, judicial function |
Authors | Felicity Bell, Michael Legg, Joe McIntyre e.a. |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | Covid-19, vaccine passport |
Authors | Mart Susi and Tiina Pajuste |
AbstractAuthor's information |
This comparative study looks into the proposed “vaccine passport” initiative from various human rights aspects. It was undertaken by the Global Digital Human Rights Network, an action started under the EU’s Cooperation in Science and Technology programme. The network currently unites more than 80 scholars and practitioners from 40 countries. The findings are based on responses to questions put to the network members by the authors of this study in February 2021. |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | non-coherence theory of digital human rights, network approach, universality of human rights, transversality effect |
Authors | Mart Susi |
AbstractAuthor's information |
The idea of universality of human rights is under multidimensional challenges entailing the aspects of practice generalization and postmodern social theories with juridical ambitions. Competing theories continue to exist and the elements of choice between theories are determined by practice, convenience and economies and not necessarily by idealistic goals. Among the many arguments raised against the universality of human rights stands the network approach, which is characterized by permeability, its supportive purpose of vertical normative structures, its impact on the rise of social responsibility, obscuring effect on legitimacy and “reliance on trust”. Supportive purpose of vertical normative structures in a network means that private networks can articulate the claim for correctness in self-regulation due to the existence of the vertical normative backbone. One of the main reservations related to digital human rights law and remedies through the network approach is that of distortion of legitimacy. The article approaches these issues through a novel theoretical approach of non-coherence. |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
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Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | text mining, machine learning, law, natural language processing |
Authors | Arthur Dyevre |
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Many questions facing legal scholars and practitioners can be answered only by analysing and interrogating large collections of legal documents: statutes, treaties, judicial decisions and law review articles. I survey a range of novel techniques in machine learning and natural language processing – including topic modelling, word embeddings and transfer learning – that can be applied to the large-scale investigation of legal texts |
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Journal | Family & Law, September 2021 |
Keywords | Grandparents, Grandchildren, Family life, Contact, Best interests of the child, Child's views |
Authors | Prof. K. Sandberg |
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The article explores the extent of the right to family life under Article 8 ECHR with regard to contact between grandparents and grandchildren. An analysis of decisions from the European Court of Human Rights shows that although such a right may exist, it is not strong and depends heavily on the circumstances of the specific case. The article points to what seems to be an inconsistency in the Courts approach to these cases and questions the position of the children and their views and best interests. |
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Democratic Scrutiny of COVID-19 LawsAre Parliamentary Committees Up to the Job? |
Journal | European Journal of Law Reform, Issue 2 2021 |
Keywords | parliament, scrutiny, committees, COVID-19, rights, legislation, Australia, New Zealand, United Kingdom |
Authors | Sarah Moulds |
AbstractAuthor's information |
In response to the complex and potentially devastating threat posed by COVID-19, parliaments around the world have transferred unprecedented powers to executive governments and their agencies (Edgar, ‘Law-making in a Crisis’, 2020), often with the full support of the communities they represent. These laws were passed within days, sometimes hours, with limited safeguards and a heavy reliance on sunsetting provisions, some of which are dependent on the pandemic being officially called to an end. While parliaments themselves have suspended or reduced sitting days (Twomey, ‘A Virtual Australian Parliament is Possible’, 2020), parliamentary committees have emerged as the forum of choice when it comes to providing some form of parliamentary oversight of executive action. |
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The Impact of VAAs on Vote Switching at the 2019 Belgian Legislative ElectionsMore Switchers, but Making Their Own Choices |
Journal | Politics of the Low Countries, Issue 1 2021 |
Keywords | voting advice applications, vote switching, vote choice, elections and electoral behaviour, voters/citizens in Belgium, VAA |
Authors | David Talukder, Laura Uyttendaele, Isaïa Jennart e.a. |
AbstractAuthor's information |
During electoral campaigns, the use of voting advice applications (VAAs) has become increasingly widespread. Consequently, scholars have examined both the patterns of usage and their effects on voting behaviour. However, existing studies lead to conflicting findings. In this article, we take a closer look at the effect of De Stemtest/Test électoral (a VAA developed by academics from the University of Louvain and the University of Antwerp, in partnership with Belgian media partners) on vote switching. More specifically, we divide this latter question into two sub-questions: (1) What is the impact of a (dis)confirming advice from the VAA on vote switching? (2) Do VAA users follow the voting advice provided by the VAA? Our study shows that receiving a disconfirming advice from the VAA increases the probability of users to switch their vote choice. |
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Journal | Politics of the Low Countries, Issue 1 2021 |
Keywords | mediatization, politicians, news media, media perceptions, news management |
Authors | Pauline Ketelaars and Peter Van Aelst |
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In the light of the broader debate on the mediatization of politics, this study wants to better understand how the media perceptions and media behaviour of politicians are related to their appearances in the news. We opt for an innovative actor-centred approach to actually measure the views and actions of individual politicians. We combine surveys conducted with 142 Belgian representatives with data on politicians’ external communication behaviour and on their appearances in television news, newspapers and news websites. The results show that media behaviour is not so much related to beliefs of media importance. We do find a significant positive relationship between strategic media behaviour and media attention suggesting that politicians who put in more effort appear more often in various news media. However, this positive relationship depends on the specific form of strategic communication and the political position of the legislator. Our study adds to the mediatization literature by showing how and when politicians are successful in obtaining media attention. |
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Comments and Content from Virtual International Online Dispute Resolution Forum1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR) |
Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Authors | David Allen Larson, Noam Ebner, Jan Martinez e.a. |
Abstract |
For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations: |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Keywords | access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution |
Authors | Daniel Rainey and Larry Bridgesmith |
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This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR. |
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What’s Good for ODR?AI or AI |
Journal | International Journal of Online Dispute Resolution, Issue 1 2021 |
Keywords | Augmented Intelligence, Artificial Intelligence, algorithms, ODR |
Authors | Graham Ross |
AbstractAuthor's information |
Whilst the coronavirus epidemic saw mediators turn to web conferencing in numbers to ensure mediations continued to take place, it is believed that the rate at which individual mediators, as opposed to organizations handling volumes of disputes, began to use online dispute resolution (ODR)-specific tools and platforms remained comparatively slow. Mediators may have felt that, in using web conferencing, they had made the move to ODR. Another hurdle standing in the way of generating confidence in ODR-specific tools is that exciting developments used the less were powered by artificial intelligence (AI) and yet mention of AI and algorithms would create its own barrier, in no small part due to examples of shortcomings with AI and algorithms outside of ODR. The writer feels that the future lies in developments in ODR that benefit from AI. However that is less the traditional meaning of the acronym being Artificial Intelligence but more as Augmented Intelligence. The paper explains the difference with Artificial Intelligence leaving the machine in control whilst Augmented Intelligence retains control and decision-making with the human but assisted by the machine to a degree or in a format not possible by the human alone. The paper highlights examples of two ODR systems applying Augmented Intelligence. |
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Increased Uptake of Surveillance Technologies During COVID-19Implications for Democracies in the Global South |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative |
Authors | Alex Read |
AbstractAuthor's information |
Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South. |
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Towards Online Dispute Resolution-Led Justice in China |
Journal | International Journal of Online Dispute Resolution, Issue 2 2020 |
Keywords | Online Dispute Resolution, smart court, internet court, access to justice, China |
Authors | Carrie Shu Shang and Wenli Guo |
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The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements. |
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How Issue Salience Pushes Voters to the Left or to the Right |
Journal | Politics of the Low Countries, Issue 3 2020 |
Keywords | voting behaviour, salience, ideological dimensions, elections, Belgium |
Authors | Stefaan Walgrave, Patrick van Erkel, Isaïa Jennart e.a. |
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Recent research demonstrates that political parties in western Europe are generally structured along one dimension – and often take more or less similar ideological positions on the economic and cultural dimension – whereas the policy preferences of voters are structured two dimensionally; a considerable part of the electorate combines left-wing stances on one dimension with right-wing stances on the other. These ideologically ‘unserved’ voters are the main focus of this study. Using data from a large-scale survey in Flanders and Wallonia, we demonstrate how the salience of the two dimensions explains whether these unserved voters ultimately end up voting for a right-wing or a left-wing party. Specifically, we show that these voters elect a party that is ideologically closest on the dimension that they deem most important at that time. To summarise, the findings of this study confirm that salience is a key driver of electoral choice, especially for cross-pressured voters. |
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An Australian Aboriginal in-prison restorative justice process: a worldview explanation |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Keywords | Australian Aboriginal, prison, recidivism, worldview, restorative justice |
Authors | Jane Anderson |
AbstractAuthor's information |
As a response to the over-representation of Australian Aboriginal offenders in Western Australian prisons and high rates of reoffending, this article presents a sketch of Western and Australian Aboriginal worldviews and core symbols as a basis for understanding the rehabilitative-restorative needs of this prisoner cohort. The work first reviews and argues that the Western-informed Risk-Need-Responsivity model of programming for Australian Aboriginal prisoners has limited value for preventing reoffending. An introduction and description are then given to an Aboriginal in-prison restorative justice process (AIPRJP) which is delivered in a regional Western Australian prison. The process is largely undergirded by an Australian Aboriginal worldview and directed to delivering a culturally constructive and corrective intervention. The AIPRJP uses a range of symbolic forms (i.e. ritual, myth, play, art, information), which are adapted to the prison context to bring about the aims of restorative justice. The article contends that culturally informed restorative justice processes can produce intermediate outcomes that can directly or indirectly be associated with reductions in reoffending. |
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Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | World Justice Forum, World Justice Project, World Justice Report, online dispute resolution, technology, access to justice, Justice Layer of the Internet |
Authors | Jeffrey Aresty and Larry Bridgesmith |
AbstractAuthor's information |
In May 2019, the World Justice Project (WJP) convened its sixth annual conference to explore the state of access to justice (A2J) in the global context. World Justice Forum VI met in The Hague and published the most recent A2J report compiled after a year of analysis and based on more than a decade of public, government and citizen data. Measuring the Justice Gap revealed less than optimistic data reflecting the lack of significant progress toward fulfilling the United Nations Sustainable Development Goal 16: achieving just, peaceful and inclusive societies by 2030. The 2019 conference showcased many global initiatives seeking to narrow the justice gap. For the most part these initiatives rely on institutional action by governments, financial institutions and NGO’s. As important as these projects are, transforming the access to justice status of the world can also be achieved through actions focused on Justice at the Layer of the Internet. A consensus based governance model can build a legal framework which is not reliant on the enactment of laws, the promulgation of regulations or overcoming the inertia of institutional inaction. This article reviews the learning gleaned from the WJP and the 2019 Forum. It also seeks to augment the great work of the WJP by exploring the potential for justice as delivered by individuals joined in consensus and relying on emerging technologies. |
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Emerging Economies’ Contributions to Space Activities and Legislation |
Journal | International Institute of Space Law, Issue 3 2019 |
Authors | Sylvia Ospina |
AbstractAuthor's information |
Most if not all space activities require the use of the radio frequency spectrum (RFS); the RFS is essential for satellite and other wireless communications and scientific probes. Countries with advanced industries in the space sector obviously have more developed legislation than States that only aspire to participate in space activities. Even these, however, regulate space activities by which they are directly affected, primarily through their adherence to the International Telecommunication Union Radio Regulations (ITU-RR) and policies embedded in the space treaties. Thus, it can be said that most countries have some basic national legislation related to space activities. |
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Journal | Erasmus Law Review, Issue 3 2018 |
Keywords | user generated content, public and private responsibilities, intermediary liability, hate speech and fake news, protection of fundamental rights |
Authors | Katharina Kaesling |
AbstractAuthor's information |
These days, it appears to be common ground that what is illegal and punishable offline must also be treated as such in online formats. However, the enforcement of laws in the field of hate speech and fake news in social networks faces a number of challenges. Public policy makers increasingly rely on the regu-lation of user generated online content through private entities, i.e. through social networks as intermediaries. With this privat-ization of law enforcement, state actors hand the delicate bal-ancing of (fundamental) rights concerned off to private entities. Different strategies complementing traditional law enforcement mechanisms in Europe will be juxtaposed and analysed with particular regard to their respective incentive structures and consequential dangers for the exercise of fundamental rights. Propositions for a recommendable model honouring both pri-vate and public responsibilities will be presented. |
Part II Private Justice |
Reputational Feedback Systems and Consumer RightsImproving the European Online Redress System |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | reputational feedback systems, consumer’s protection, dispute resolution, ADR, ODR, enforceability, ecommerce, European redress system small claims |
Authors | Aura Esther Vilalta Nicuesa |
AbstractAuthor's information |
The European Union single market needs to tackle an outstanding issue to boost competitiveness and growth: a trust-based redress framework that ensures the effectiveness of consumers’ rights. The current disparities among dispute resolution mechanisms, added to the fact that in practice many do not guarantee participation and enforceability, are serious obstacles to this goal. Trust and the integration of certain dispute avoidance tools added to the regulation of some common enforcement mechanisms are key issues in the field of consumer protection. The goal of this article is to offer some insights within the context of the European Union legislative proposals aimed at improving the current redress system. |