Search result: 13 articles

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Year 2018 x
Article

Access_open Right to Access Information as a Collective-Based Approach to the GDPR’s Right to Explanation in European Law

Journal Erasmus Law Review, Issue 3 2018
Keywords automated decision-making, right to access information, right to explanation, prohibition on discrimination, public information
Authors Joanna Mazur
AbstractAuthor's information

    This article presents a perspective which focuses on the right to access information as a mean to ensure a non-discriminatory character of algorithms by providing an alternative to the right to explanation implemented in the General Data Protection Regulation (GDPR). I adopt the evidence-based assumption that automated decision-making technologies have an inherent discriminatory potential. The example of a regulatory means which to a certain extent addresses this problem is the approach based on privacy protection in regard to the right to explanation. The Articles 13-15 and 22 of the GDPR provide individual users with certain rights referring to the automated decision-making technologies. However, the right to explanation not only may have a very limited impact, but it also focuses on individuals thus overlooking potentially discriminated groups. Because of this, the article offers an alternative approach on the basis of the right to access information. It explores the possibility of using this right as a tool to receive information on the algorithms determining automated decision-making solutions. Tracking an evolution of the interpretation of Article 10 of the Convention for the Protection of Human Right and Fundamental Freedoms in the relevant case law aims to illustrate how the right to access information may become a collective-based approach towards the right to explanation. I consider both, the potential of this approach, such as its more collective character e.g. due to the unique role played by the media and NGOs in enforcing the right to access information, as well as its limitations.


Joanna Mazur
Joanna Mazur, M.A., PhD student, Faculty of Law and Administration, Uniwersytet Warszawski.
Article

Access_open Fostering Worker Cooperatives with Blockchain Technology: Lessons from the Colony Project

Journal Erasmus Law Review, Issue 3 2018
Keywords blockchain, collaborative economy, cooperative governance, decentralised governance, worker cooperatives
Authors Morshed Mannan
AbstractAuthor's information

    In recent years, there has been growing policy support for expanding worker ownership of businesses in the European Union. Debates on stimulating worker ownership are a regular feature of discussions on the collaborative economy and the future of work, given anxieties regarding the reconfiguration of the nature of work and the decline of standardised employment contracts. Yet, worker ownership, in the form of labour-managed firms such as worker cooperatives, remains marginal. This article explains the appeal of worker cooperatives and examines the reasons why they continue to be relatively scarce. Taking its cue from Henry Hansmann’s hypothesis that organisational innovations can make worker ownership of firms viable in previously untenable circumstances, this article explores how organisational innovations, such as those embodied in the capital and governance structure of Decentralised (Autonomous) Organisations (D(A)Os), can potentially facilitate the growth of LMFs. It does so by undertaking a case study of a blockchain project, Colony, which seeks to create decentralised, self-organising companies where decision-making power derives from high-quality work. For worker cooperatives, seeking to connect globally dispersed workers through an online workplace, Colony’s proposed capital and governance structure, based on technological and game theoretic insight may offer useful lessons. Drawing from this pre-figurative structure, self-imposed institutional rules may be deployed by worker cooperatives in their by-laws to avoid some of the main pitfalls associated with labour management and thereby, potentially, vitalise the formation of the cooperative form.


Morshed Mannan
Morshed Mannan, LLM (Adv.), PhD Candidate, Company Law Department, Institute of Private Law, Universiteit Leiden.
Part I Courts and ODR

Access to Justice and Innovative Court Solutions for Litigants-in-Person

The Singapore Experience

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords access to justice, innovative court solutions, ODR, e-Negotiation, tribunal
Authors Ow Yong Tuck Leong
AbstractAuthor's information

    This article highlights the Singapore judiciary’s experience in introducing an online filing and case management system with Online Dispute Resolution (ODR) for small value disputes to improve access to justice. This system, called the Community Justice & Tribunals System (CJTS), is a fully integrated justice solution, allowing parties to settle their disputes and obtain a court order online. The article sets out the issues and challenges encountered in developing CJTS, the innovative solutions implemented and CJTS’ positive impact on litigants-in-person.


Ow Yong Tuck Leong
District Judge Ow Yong Tuck Leong is a judicial officer in the Community Justice and Tribunals Division of the State Courts of Singapore. He is the Executive Sponsor of the CJTS. Prior to joining the State Courts, Ow Yong had served in different positions as a Senior Assistant Registrar, Registry of Companies and Businesses; State Counsel, Attorney-General’s Chambers; and Deputy Director (Legal, Enforcement & International Affairs) of the Competition Commission of Singapore.
Part I Courts and ODR

Recent Development of Internet Courts in China

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords Internet court, ODR, AI, blockchain, regulation, fourth party
Authors Xuhui Fang
AbstractAuthor's information

    Online dispute resolution (ODR) is growing out of alternative dispute resolution (ADR) and pushing the envelope for resolving online disputes in the Internet courts in China. Recently, the Chinese Internet courts admitted blockchain-based evidence and applied artificial intelligence (AI), cloud computing, big data and virtual reality (VR) technology. The rapid development of Internet courts in China has implications for regulating AI-related technologies, which are playing the role of the ‘fourth party,’ and the interplay between the ‘third party’ and the ‘fourth party.’


Xuhui Fang
Xuhui Fang is a law Professor at Nanchang University, NCTDR fellow, associated researcher at Cyberjustice of University of Montreal, mediator of International Commercial Mediation Center for Belt and Road Initiative in Beijing, mediator at Futian District Court of Shenzhen People’s Court, senior counsel of E-Better Business in Shenzhen.
Part I Courts and ODR

Ethical Concerns in Court-Connected Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust
Authors Dorcas Quek Anderson
AbstractAuthor's information

    This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system.


Dorcas Quek Anderson
Dorcas Quek Anderson is an Assistant Professor in the Singapore Management University School of Law. This research is supported by the National Research Foundation, Prime Minister’s Office, Singapore (NRF), and the Infocomm Media Development Authority (IMDA) under a grant to the Singapore Management University School of Law to helm a 5-year Research Program on the Governance of Artificial Intelligence and Data Use.
Part II Private Justice

The Case for Reframing ODR in Emerging Economies

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords ODR in emerging economies, regtech, India stack
Authors David Porteous
AbstractAuthor's information

    Reports of ODR implementations in emerging economies are still rare, at least outside of China, which in many ways has already emerged digitally at least. But the lack of reports does not mean that there is not increasing ODR activity there. Underlying forces – the usage of smart phones and the rising volume of digital payments outside of the dispute frameworks created by traditional payment card schemes – point to increasing potential access to digital justice, as well as the need for it. This article argues for reframing the case for ODR in two ways that may make it more relevant for policy makers in developing countries. The first is to position ODR in the rapidly growing field of ‘regtech’ (regulatory technology). The second is to show ODR as a layer in the emerging ‘stacks’ of the technology enabling digital government, such as the ‘India stack.’


David Porteous
David Porteous is chair and founder of consulting firm BFA and co-founder of Digital Frontiers Institute, a Cape Town–based non-profit edtech initiative.
Part II Private Justice

Making ODR Human

Using Human-Centred Design for ODR Product Development

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords online dispute resolution, courts and tribunals, human-centred design, legal tech, legal design, user testing, user-centred design, machine learning, alternative dispute resolution, product development
Authors Luke Thomas, Sarah Kaur and Simon Goodrich
AbstractAuthor's information

    This article discusses what we as human-centred design practitioners have learnt from researching and designing online dispute resolution (ODR) products both for clients and as part of our internal research and development initiatives.


Luke Thomas
Luke Thomas is Design Strategist/Legal Researcher at Portable.

Sarah Kaur
Sarah Kaur is Chief Operating Officer at Portable.

Simon Goodrich
Simon Goodrich is Managing Director at Portable.
Article

The European Court of Human Rights and the Central and Eastern European States

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Case law regarding Central and Eastern Europe, ECHR, human rights, reform, European system of Human Rights
Authors András Baka
AbstractAuthor's information

    At the time of its creation and during the following 30 years, the European Court of Human Rights was a Western European institution. It was not until the sweeping political changes in 1989-1990 that the Central and Eastern European countries could join the European system of individual human rights protection. The massive and relatively rapid movement of accession of the ‘new states’ to the European Convention on Human Rights had a twofold effect. On the one hand it led to a complete reform of the human rights machinery of the Council of Europe, changing the structure and the procedure. A new, permanent and more efficient system emerged. What is even more important, the Court has had to deal with not only the traditional questions of individual human rights but under the Convention new issues were coming to the Court from applicants of the former eastern-bloc countries. On the other hand, being part of the European human rights mechanism, these countries got a chance to establish or re-establish the rule of law, they got support, legal standards and guidance on how to respect and protect individual human rights. The article addresses some of these elements. It also points out that public hopes and expectations towards the Court – especially nowadays in respect of certain countries – are sometimes too high. The Court has its limits. It has been designed to remedy certain individual injustices of democratic states following common values but cannot alone substitute seriously weakened democratic statehood.


András Baka
Former judge of the ECtHR (1991-2008); former president of the Hungarian Supreme Court.
Article

Access_open On the Concept of Corporate Culture

Journal Corporate Mediation Journal, Issue 1 2018
Keywords administrative instruments, business administration, corporate culture, corporate governance, long-term value creation
Authors Prof. Dr. Hans Strikwerda
AbstractAuthor's information

    The Dutch Corporate Governance Code-2016 stipulates that the executive board is responsible for creating a culture serving long-term value creation. Because the DCGC is law for public firms with this stipulation, the concept of culture is moved from the realm of informal administrative instruments to that of formal instruments, subject to dispute in case the duty of care is questioned. This article explains the provenance of the concept of culture, its multiplicity of attributed meanings and roles, and its changing nature in the digital era. Also, the article explains that for long-term value creation, more and different measures are needed than culture, values, vision, strategy or codes of conducts. This raises the question of whether an executive board having publicly committed the firm to long-term value creation demonstrates a credible commitment by complying with the DCGC, respectively culture as a means only, and can exculpate itself doing so. The answer is: no.


Prof. Dr. Hans Strikwerda
Prof. Dr J. Strikwerda, University of Amsterdam.
Article

Commercial OOS and Its Future: Policy and Legal Issues beyond Life Extension

Journal International Institute of Space Law, Issue 8 2018
Keywords on-orbit servicing (OOS), on-orbit assembly (OOA), on-orbit manufacturing (OOM), active debris removal (ADR), modular spacecraft concepts
Authors Olga Stelmakh-Drescher, Ian Christensen and Joerg Kreisel
AbstractAuthor's information

    Satellites have typically been viewed as high-cost, static platforms that once launched have a limited orbital lifetime and a physical and mechanical structure that cannot be altered or maintained (with very limited exceptions). However, in the current day, a number of technical and market innovations are being deployed by the private sector, which might change this paradigm. These include small satellites, on-orbit assembly (OOA) and modular spacecraft concepts, and on-orbit servicing (OOS) in particular.
    OOS represents a number of possible changes in the traditional conceptualization of space systems and operations, and requires new policy, regulatory, and legal approaches. OOS potentially allows operators to extend the lifetime of existing, hence, traditional satellites; and in future possibly provide repair services or correct on-orbit anomalies or other servicing based on cooperative design and related standards.
    Space debris is a growing concern for the use of outer space. At the dawn of the space era there was no interim solution for objects launched into space once their lifetime in orbit was over: they were either left in orbit, moved to a graveyard orbit or deorbited. OOS capabilities may become part of the solution through both life extension and deorbiting of existing space infrastructure elements as well as debris avoidance due to new cooperative design philosophies aiming at OOS. As such OOS has implications for space debris mitigation. Requirements laid down in national legislation are important to define the extent of execution of space debris mitigation guidelines, including the end-of-life plan. However, space debris implications are only one element which must be considered in relation to OOS capabilities.
    In many national jurisdictions OOS is a new application without clearly defined regulatory and licensing practices. States have an obligation to provide this authorization and supervision framework, while industry requires a permissive regulatory framework to provide legal certainty. All stakeholders are committed to preserving the safety of the operating environment.
    With that in mind, this paper analyzes the prerequisites for evolution of OOS and opportunities for market creation, provide an overview of existing boundary conditions regarding OOS policy and legal scope and its commercial implementation including risks and challenges to be address, and examine how development of technologies needed for OOS could influence insurance and serve as economic driver. Finally, the paper will try to envision the way ahead towards capacity-building for OOS.


Olga Stelmakh-Drescher
International Institute of Space Commerce, 147 S. Adams Street, Rockville MD, 20850, United States, osd@iisc.im (corresponding author).

Ian Christensen
Secure World Foundation, 525 Zang Street, Suite D, Broomfield, Colorado, 80021, United States, ichristensen@swfound.org.

Joerg Kreisel
JKIC, Christhauser Strasse 67a, D-42897, Remscheid, Germany, jk@jkic.de.

    Artificial intelligence is an emerging technology which is anticipated to revolutionize society and industry. Artificial intelligence also presents a potential technological component to ensure the cyber and physical security of space assets. However, the use of artificial intelligence in space assets may conflict with certain legal obligations or duties imposed by the space law treaty regime.
    Outer Space Treaty Article VIII obligates a State to retain control over a space object it launches. Using artificial intelligence in space assets presents the question of whether such reliance abdicates a State’s obligation to retain control over a space object it launched or which is registered to it. If so, then issues will exist regarding how a State may balance the use of artificial intelligence in space assets with its obligations under the Outer Space Treaty. For instance, in the emerging autonomous or driverless motor vehicle technology, some jurisdictions in the United States are contemplating laws which mandate human ability to override or otherwise intervene in decision making by artificial intelligence in certain circumstances.
    Similarly, Article III of the Liability Convention imposes liability based on a State’s fault or fault of persons for whom the State is responsible. The use of artificial intelligence in space assets presents the possibility of negating Article III’s fault-based concept. The unsettled liability issues associated with autonomous motor vehicles may very well foreshadow liability and fault allocation issues arising from the use of artificial intelligence in space assets.
    This paper will examine whether the use of artificial intelligence in space assets conforms with a State’s obligation under Outer Space Treaty Article VIII and Liability Convention Article III and analyze what measures, if any, may be necessary to ensure that the provisions are not undermined by the use of artificial intelligence in space assets.


George Anthony Long
Managing Member, Legal Parallax, LLC, United States. gal@legalparallax.com.

    The grand project of “Belt and Road” Space Information Corridor proposed by China, which aims to integrate its space-based platforms for comprehensive space applications under the Belt and Road Initiative, resonates with calls and recommendations of the United Nations conferences on the exploration and peaceful uses of outer space for increased international cooperation in space projects to address common challenges. This project is expected to translate the potentials of space technology for socioeconomic development into real benefits for billions of people along the Belt and Road region. The Chinese government has released guidelines in 2016 to identify the general goals and major tasks.
    As we celebrate legacy of the UNISPACE conferences this year, it is beneficial to also focus on the ramifications of large scale space projects for governance of space activities on national, regional and international level. On the one hand, policy and legal aspects are important factors to be taken into account in project planning and implementation. On the other hand, the need to accommodate requirements of space projects could stimulate adjustment or innovation in space policies and regulations. The “B&R” Space Information Corridor offers us a chance to explore such interaction between space project and space governance. Based on analysis of the relevant aspects of legal environment, this paper purports to examine opportunities and challenges confronted with during implementation of the “mega-project” from legal perspectives.


Kang Duan
China Great Wall Industry Corporation.

    1. The main question of my research is “who will possess the intellectual property rights of remote sensing images, obtained from observation satellites, analyzed through big data analysis conducted by A.I.”
      In consideration of this theme, I am aiming to organize the following controversial points which may arise from the sale of satellite data:

      1. Intellectual property rights attributed to raw data;

      2. Copyright of the results of A.I. data analysis; and

      3. Rights (copyright and patent rights) of the firms that create the algorithms.

    2. To further examine this issue, I begin by discussing two topics from intellectual property law and international space law perspective:

      1. Points of contention regarding the attribution of copyright for satellite data extracted from observation satellites; and

      2. The idea of “the denial of preferential access right for the remote sensing data of surveyee’s countries” which was provided in the 1986 Remote Sensing Principles.

    3. In addition to the above, I aim to highlight areas that may be problematic in this new era for the space industry, as well as notable points for business players, by superimposing data analytic methodology with a discussion of the rights of A.I. deliverables. The aim of this paper is to integrate a space law issue (rights of remote sensing images) with an intellectual property law issue (with an emphasis on traditional issues as well as A.I. rights).

    4. To conclude, I will highlight certain opinions from a legislative perspective and emphasize the importance of critical importance of strategic contractual coverage of these issues.


Mihoko Shintani
TMI Associates.
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