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This book explores the most pressing challenges in AI technologies and practices, the entanglements of the ‘AI and law’ and ‘AI and the rule of law’ nexus and digitally transformed fracturing world that is shaped by digital governance and digital ethics underpinned by responsible AI, and AI4People viewpoints. It draws attention to unraveling the legal labyrinth of regulatory frameworks on AI, the rule of law, digital human rights, digital democracy, and how these AI regulations intervene in the digital transformation of LegalTech across the world. It emphasizes the need for a robust regulatory framework to mitigate the risks of AI and overcome legal hurdles. The book scrutinizes the ...
This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as conse...
The term 'outsiders' often has negative connotations: these are the people who are regarded as 'them' in contrast to 'us', the arrivals from distant provinces or foreign lands, those not quite belonging, those not exactly fitting in, those not conforming. Of course, there is another side to this coin: there are those who stand out quite deliberately, who choose to go against the grain, the ones who challenge established social, cultural or religious norms, who question the policies and orthodoxies broadly accepted by those of us who are of the mainstream, who are 'inside the tent'. Outsiders in London, an artistic socio-political project exhibited in central London in Spring 2015, aims to re...
This book explores the use of EU law by Big Tech in the transatlantic context. Elaine Fahey examines how digital platforms utilise both top-down and bottom-up approaches to litigate, lobby and lawyer global standards, analysing their attempts to strategically exploit the legislation.
In situations ranging from border control to policing and welfare, governments are using automated facial recognition technology (FRT) to collect taxes, prevent crime, police cities and control immigration. FRT involves the processing of a person's facial image, usually for identification, categorisation or counting. This ambitious handbook brings together a diverse group of legal, computer, communications, and social and political science scholars to shed light on how FRT has been developed, used by public authorities, and regulated in different jurisdictions across five continents. Informed by their experiences working on FRT across the globe, chapter authors analyse the increasing deployment of FRT in public and private life. The collection argues for the passage of new laws, rules, frameworks, and approaches to prevent harms of FRT in the modern state and advances the debate on scrutiny of power and accountability of public authorities which use FRT. This book is also available as Open Access on Cambridge Core.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share via Elgaronline.com. This book traces the evolution of the standard of fairness and its role in shaping the recent EU digital legislation. Expert authors examine fairness in relation to the Data Governance Act (DGA), Digital Markets Act (DMA), Digital Services Act (DSA), Data Act (DA) and Artificial Intelligence Act (AIA), and address its requisite challenges.
This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.