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The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.
This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome ...
The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.
Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law...
This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.
Available online: https://pub.norden.org/temanord2022-518/ It is mainly within the last decade that courts in the Nordic and the Baltic states have opened for a more thorough digitalization of their court systems. This short study aims at establishing an overview of the technological developments and the current level of digitalization at the courts in eight Nordic and Baltic countries. Focus is especially on the case handling portals which today in various shapes set the frame for the ways in which parties go to court in the examined countries.
Previous edition, 1st, published in 2005.
The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape. Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed. Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.
Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott Broetzmann, David Beinhacker, and Richard Grainer Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective Jo DeMars Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System Pablo Cortes Consumer Trust and Business Benefits with ODR Immaculada Barral-Vials Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design Riika Koulu The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool - Benefits and Challenges Amy Koltz Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View Katherine G. Newcomer One Man's View of One Country - ADR & ODR and the future of complaint management in the UK Adrian Lawes