The authoress outlines new welfare models and community enterprises, in the context of the Third Economy, with the aim of defining guidelines and interventions for the promotion of social enterprise and the strengthening of the social and solidarity economy. The Third Economy understands enterprise as an integral part of society and aims to create a new economic model that combines profit and sustainable development in line with the goals set by Agenda 2030. The goal is to define new development paradigms that put people at the centre, heeding the next generation. Sustainability is the file rouge of this study offering a rich review of the literature on the concept of the commons, while illustrating practices that have already been initiated. The essay also discusses the draft law on Community Social Enterprises as a welfare model, and concludes with de iure condendo perspectives. Keywords: Welfare; Commons; Third economy; Worker partcipation; Social responsibility.
作者以第三经济为背景，概述了新的福利模式和社区企业，旨在为促进社会企业和加强社会与团结经济确定指导方针和干预措施。第三经济 "将企业视为社会不可分割的一部分，旨在根据《2030 年议程》设定的目标，创建一种将利润与可持续发展相结合的新经济模式。其目标是确定新的发展模式，以人为本，关注下一代。可持续性是本研究的 "胭脂红"，它对有关公地概念的文献进行了丰富的回顾，同时说明了已经开始的实践。文章还讨论了作为一种福利模式的社区社会企业法律草案，最后提出了 "契约"（de iure condendo）的观点。关键词福利；公地；第三经济；工人参与；社会责任。
{"title":"New Welfare Models and Community Enterprises: Commons and Sustainable Economy","authors":"Roberta Caragnano","doi":"10.30958/ajl.10-2-1","DOIUrl":"https://doi.org/10.30958/ajl.10-2-1","url":null,"abstract":"The authoress outlines new welfare models and community enterprises, in the context of the Third Economy, with the aim of defining guidelines and interventions for the promotion of social enterprise and the strengthening of the social and solidarity economy. The Third Economy understands enterprise as an integral part of society and aims to create a new economic model that combines profit and sustainable development in line with the goals set by Agenda 2030. The goal is to define new development paradigms that put people at the centre, heeding the next generation. Sustainability is the file rouge of this study offering a rich review of the literature on the concept of the commons, while illustrating practices that have already been initiated. The essay also discusses the draft law on Community Social Enterprises as a welfare model, and concludes with de iure condendo perspectives. Keywords: Welfare; Commons; Third economy; Worker partcipation; Social responsibility.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"39 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140365566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The eleven countries of the Southeast are quite diverse in terms of culture, religion, language and legal system. All members except Thailand were colonies of European powers who introduced their legal systems. Even Thailand, which was never colonised, was influenced by the laws of the European powers. This European influence has resulted in a range of political and legal systems. Although English is the working language of ASEAN, it is the national language of none. Cambodia, Lao PDR, Myanmar, and Thailand use a non-Latin script, and Vietnam uses Latin-based orthography to complicate matters further. The diversity of national and official languages is a crucial element impacting the ability of ASEAN member states to harmonise their laws, so there is a common approach to prosecuting international criminal activity. Such an approach is critical as the ASEAN Economic Community moves to greater integration. The article briefly describes the importance of language in understanding legal concepts. Then, it describes the variety of legal systems in place across Southeast Asia, which, other than the case of Thailand, are vestiges of their colonial past. The article discusses three possible models for harmonisation/ cooperation: a set of model laws, accession to an international treaty, or an agreement to cooperate. In the case of Brunei Darussalam, Malaysia, the Philippines and Singapore, where legal systems use English, all three models could be used. For the other seven countries, because of their language diversity, it is argued that the set of model laws is inappropriate. The preferred option is a treaty or convention that sets out the scope and minimum requirements to be included in the local law and the obligations to cooperate. The Convention on Cybercrime (Budapest Convention) is a possible model. Keywords: Southeast Asia, Cybercrime Convention, Law harmonisation, Legal translation, Model law
{"title":"Complexity of Legal Harmonisation in Southeast Asia: A Diversity of Legal Systems & Languages","authors":"Robert Brian Smith","doi":"10.30958/ajl.10-2-4","DOIUrl":"https://doi.org/10.30958/ajl.10-2-4","url":null,"abstract":"The eleven countries of the Southeast are quite diverse in terms of culture, religion, language and legal system. All members except Thailand were colonies of European powers who introduced their legal systems. Even Thailand, which was never colonised, was influenced by the laws of the European powers. This European influence has resulted in a range of political and legal systems. Although English is the working language of ASEAN, it is the national language of none. Cambodia, Lao PDR, Myanmar, and Thailand use a non-Latin script, and Vietnam uses Latin-based orthography to complicate matters further. The diversity of national and official languages is a crucial element impacting the ability of ASEAN member states to harmonise their laws, so there is a common approach to prosecuting international criminal activity. Such an approach is critical as the ASEAN Economic Community moves to greater integration. The article briefly describes the importance of language in understanding legal concepts. Then, it describes the variety of legal systems in place across Southeast Asia, which, other than the case of Thailand, are vestiges of their colonial past. The article discusses three possible models for harmonisation/ cooperation: a set of model laws, accession to an international treaty, or an agreement to cooperate. In the case of Brunei Darussalam, Malaysia, the Philippines and Singapore, where legal systems use English, all three models could be used. For the other seven countries, because of their language diversity, it is argued that the set of model laws is inappropriate. The preferred option is a treaty or convention that sets out the scope and minimum requirements to be included in the local law and the obligations to cooperate. The Convention on Cybercrime (Budapest Convention) is a possible model. Keywords: Southeast Asia, Cybercrime Convention, Law harmonisation, Legal translation, Model law","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"71 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140366249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the background of the climate change, we estimate that one of the problems that humanity is to face in the near future concerns natural resources. In our view, water is one of the resources that will become increasingly important in the coming years by being on the way to diminishing. Force majeure events such as the vegetation fires or floods in the summer of 2023 show us that people and nature must be friends. Given that drinking water is vital for human existence, we believe that the proposed topic is of general interest and should be of concern not only to public authorities, but to the entire scientific community and to individuals, which makes it topical and important. The scope of the study is to analyse the issue of water, which means that, on the one hand, we will investigate the national regulatory framework but also comparative law to know how the legislator relates to water and, on the other hand, we will capture the current international trends in this field. By using research methods specific to law, we will underline the conclusion of our paperwork, that the protection of water resources is the responsibility of all of us: individuals, authorities, states, taking into consideration present and future generations. Keywords: public authorities; water; public good; Administrative Code; case-law.
{"title":"Promoting Effective Refugee Protection in India: Balancing National Interests and International Obligations","authors":"Garima Tiwari","doi":"10.30958/ajl.10-2-2","DOIUrl":"https://doi.org/10.30958/ajl.10-2-2","url":null,"abstract":"In the background of the climate change, we estimate that one of the problems that humanity is to face in the near future concerns natural resources. In our view, water is one of the resources that will become increasingly important in the coming years by being on the way to diminishing. Force majeure events such as the vegetation fires or floods in the summer of 2023 show us that people and nature must be friends. Given that drinking water is vital for human existence, we believe that the proposed topic is of general interest and should be of concern not only to public authorities, but to the entire scientific community and to individuals, which makes it topical and important. The scope of the study is to analyse the issue of water, which means that, on the one hand, we will investigate the national regulatory framework but also comparative law to know how the legislator relates to water and, on the other hand, we will capture the current international trends in this field. By using research methods specific to law, we will underline the conclusion of our paperwork, that the protection of water resources is the responsibility of all of us: individuals, authorities, states, taking into consideration present and future generations. Keywords: public authorities; water; public good; Administrative Code; case-law.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"49 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140367479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The authoress outlines new welfare models and community enterprises, in the context of the Third Economy, with the aim of defining guidelines and interventions for the promotion of social enterprise and the strengthening of the social and solidarity economy. The Third Economy understands enterprise as an integral part of society and aims to create a new economic model that combines profit and sustainable development in line with the goals set by Agenda 2030. The goal is to define new development paradigms that put people at the centre, heeding the next generation. Sustainability is the file rouge of this study offering a rich review of the literature on the concept of the commons, while illustrating practices that have already been initiated. The essay also discusses the draft law on Community Social Enterprises as a welfare model, and concludes with de iure condendo perspectives. Keywords: Welfare; Commons; Third economy; Worker partcipation; Social responsibility.
作者以第三经济为背景，概述了新的福利模式和社区企业，旨在为促进社会企业和加强社会与团结经济确定指导方针和干预措施。第三经济 "将企业视为社会不可分割的一部分，旨在根据《2030 年议程》设定的目标，创建一种将利润与可持续发展相结合的新经济模式。其目标是确定新的发展模式，以人为本，关注下一代。可持续性是本研究的 "胭脂红"，它对有关公地概念的文献进行了丰富的回顾，同时说明了已经开始的实践。文章还讨论了作为一种福利模式的社区社会企业法律草案，最后提出了 "契约"（de iure condendo）的观点。关键词福利；公地；第三经济；工人参与；社会责任。
{"title":"Legal Assessment of the Condition of Recourse to Domestic Judicial Authorities in the Judicial Procedures of the European Court of Human Rights with a view to the Case of Salahuddin Anju and others v. Turkey","authors":"Shaho Jafari","doi":"10.30958/ajl.10-2-5","DOIUrl":"https://doi.org/10.30958/ajl.10-2-5","url":null,"abstract":"The authoress outlines new welfare models and community enterprises, in the context of the Third Economy, with the aim of defining guidelines and interventions for the promotion of social enterprise and the strengthening of the social and solidarity economy. The Third Economy understands enterprise as an integral part of society and aims to create a new economic model that combines profit and sustainable development in line with the goals set by Agenda 2030. The goal is to define new development paradigms that put people at the centre, heeding the next generation. Sustainability is the file rouge of this study offering a rich review of the literature on the concept of the commons, while illustrating practices that have already been initiated. The essay also discusses the draft law on Community Social Enterprises as a welfare model, and concludes with de iure condendo perspectives. Keywords: Welfare; Commons; Third economy; Worker partcipation; Social responsibility.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"33 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140368313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Data-driven technologies are becoming more and more relevant every day. The constant increase in products connected to the Internet corresponds to an increase in the volume of data generated, the content of which represents a fundamental resource both for technological and economic evolution and with a high impact for businesses, citizens, and the public sector on the whole. This is the underlying motivation behind the approval of the Data Act, the new EU Regulation adopted on 27 November 2023 which aims to create a European regulatory framework based on clear rules on data sharing, a fair and guided data economy in the European Union. Keywords: Data economy; Market regulation; EU policies; Data Protection; Data Circulation; Access; Sharing; Interoperability.
{"title":"Data Act: New Rules about Fair Access to and use of Data","authors":"Maria Luisa Chiarella, and Manuela Borgese","doi":"10.30958/ajl.10-1-3","DOIUrl":"https://doi.org/10.30958/ajl.10-1-3","url":null,"abstract":"Data-driven technologies are becoming more and more relevant every day. The constant increase in products connected to the Internet corresponds to an increase in the volume of data generated, the content of which represents a fundamental resource both for technological and economic evolution and with a high impact for businesses, citizens, and the public sector on the whole. This is the underlying motivation behind the approval of the Data Act, the new EU Regulation adopted on 27 November 2023 which aims to create a European regulatory framework based on clear rules on data sharing, a fair and guided data economy in the European Union. Keywords: Data economy; Market regulation; EU policies; Data Protection; Data Circulation; Access; Sharing; Interoperability.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"17 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139389899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The decline of union representation and the introduction of legal incentives for workers to resolve individual employment disputes without resorting to the courts has unequivocally made Alternative Dispute Resolution (ADR) increasingly prominent in the British industrial relations landscape. The conciliation service offered by the Advisory Conciliation and Arbitration Service (ACAS) has been the most important sign and driver of this change. Although ADR has been encouraged in Western jurisdictions, particularly in the United Kingdom (UK) and in the United States (US), as a means to reduce time and litigation costs in relation to employment tribunal claims, the scarcity of scholarly publications, particularly on the benefits of utilising mediation or conciliation to settle workplace disputes is frankly unacceptable. On the other hand, Nigerian workers or employees are not encouraged or have little or no awareness of resolving workplace disputes or conflicts via ADR due to a lack of sensitisation in most organisations and a dearth of scholarly research on ADR to settle conflicts or workplace disputes in Nigeria, particularly with Mediation and Conciliation. This lack of awareness is a grave oversight compared to the UK. While British workers are encouraged to lodge their disputes with the Advisory, Conciliation and Arbitration Services (ACAS) before proceeding to an employment tribunal claim, Nigerian counterparts settle via the National Industrial Court (NIC) ADR, which is not always adequate. However, some sectors in Nigeria, like the Trade Unions, are quite complex, particularly disputes emanating from the Maritime Industry, which are hardly settled via ADR, unlike their UK counterparts. Hence, the jurisdictions mentioned above have different patterns and modus operandi for resolving workplace conflicts or disputes, and these will be meticulously examined in this paper. Additionally, the paper scrutinises the reason why the minister of labour and employment has so much power accorded or bequest to him to apprehend and refer a disputed award to the National Industrial Court (NIC) ADR. The paper employs a comparative and, for the first time, podcast analysis of workplace disputes in Nigeria and Britain, focusing on the different patterns of settling Workplace Conflicts such as discrimination, bullying and harassment. The paper concludes by unequivocally highlighting the benefits of mediation and its relevance to various entities involved in Workplace conflicts or disputes. Keywords: Alternative Dispute Resolution, Workplace Conflict, Access to Labour Justice, Employment Relations, Human Resource Management, Podcast, Awareness.
{"title":"ADR and Workplace Conflict - A Podcast Analysis Nigeria, Britain and the US","authors":"Chinwe Egbunike-Umegbolu","doi":"10.30958/ajl.10-1-7","DOIUrl":"https://doi.org/10.30958/ajl.10-1-7","url":null,"abstract":"The decline of union representation and the introduction of legal incentives for workers to resolve individual employment disputes without resorting to the courts has unequivocally made Alternative Dispute Resolution (ADR) increasingly prominent in the British industrial relations landscape. The conciliation service offered by the Advisory Conciliation and Arbitration Service (ACAS) has been the most important sign and driver of this change. Although ADR has been encouraged in Western jurisdictions, particularly in the United Kingdom (UK) and in the United States (US), as a means to reduce time and litigation costs in relation to employment tribunal claims, the scarcity of scholarly publications, particularly on the benefits of utilising mediation or conciliation to settle workplace disputes is frankly unacceptable. On the other hand, Nigerian workers or employees are not encouraged or have little or no awareness of resolving workplace disputes or conflicts via ADR due to a lack of sensitisation in most organisations and a dearth of scholarly research on ADR to settle conflicts or workplace disputes in Nigeria, particularly with Mediation and Conciliation. This lack of awareness is a grave oversight compared to the UK. While British workers are encouraged to lodge their disputes with the Advisory, Conciliation and Arbitration Services (ACAS) before proceeding to an employment tribunal claim, Nigerian counterparts settle via the National Industrial Court (NIC) ADR, which is not always adequate. However, some sectors in Nigeria, like the Trade Unions, are quite complex, particularly disputes emanating from the Maritime Industry, which are hardly settled via ADR, unlike their UK counterparts. Hence, the jurisdictions mentioned above have different patterns and modus operandi for resolving workplace conflicts or disputes, and these will be meticulously examined in this paper. Additionally, the paper scrutinises the reason why the minister of labour and employment has so much power accorded or bequest to him to apprehend and refer a disputed award to the National Industrial Court (NIC) ADR. The paper employs a comparative and, for the first time, podcast analysis of workplace disputes in Nigeria and Britain, focusing on the different patterns of settling Workplace Conflicts such as discrimination, bullying and harassment. The paper concludes by unequivocally highlighting the benefits of mediation and its relevance to various entities involved in Workplace conflicts or disputes. Keywords: Alternative Dispute Resolution, Workplace Conflict, Access to Labour Justice, Employment Relations, Human Resource Management, Podcast, Awareness.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"5 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139389901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The adoption of the African Charter on Human and Peoples’ Rights (African Charter) on 27 June 1981 in Nairobi, Kenya was recorded as historic step towards the protection of human rights in Africa. However, to date, Africans’ socio-economic rights are not fully or at all enforced. The author argues that Africa must take a new approach, a strategic one towards economic development in Africa and consequently the enforcement of socio-economic rights. He submits that several strategic approaches, such as development of new laws on the natural resources, producing quality products and services, image related strategies which involve great marketing of Africa, its products, and services. The author is of opinion that there is a link between economic development and the enforcement of socio-economic rights. It is further argued that intra-African trade will enhance sustainable development and economic growth and it is important. It is submitted that African countries must focus more on intra-African trade, which will accelerate sustainable economic development and consequently the enforcement of socio-economic rights, which will in turn reduce poverty and better the lives of millions of Africans who are in dire need of socio-economic rights to be enforced due to the living conditions they are in. Keywords: Africa; socio-economic rights; natural resources, strategic economic development.
{"title":"The Full Enforcement of Socio-economic Rights in Africa: A Dream or a Reality?","authors":"Katlego Arnold Mashego","doi":"10.30958/ajl.10-1-9","DOIUrl":"https://doi.org/10.30958/ajl.10-1-9","url":null,"abstract":"The adoption of the African Charter on Human and Peoples’ Rights (African Charter) on 27 June 1981 in Nairobi, Kenya was recorded as historic step towards the protection of human rights in Africa. However, to date, Africans’ socio-economic rights are not fully or at all enforced. The author argues that Africa must take a new approach, a strategic one towards economic development in Africa and consequently the enforcement of socio-economic rights. He submits that several strategic approaches, such as development of new laws on the natural resources, producing quality products and services, image related strategies which involve great marketing of Africa, its products, and services. The author is of opinion that there is a link between economic development and the enforcement of socio-economic rights. It is further argued that intra-African trade will enhance sustainable development and economic growth and it is important. It is submitted that African countries must focus more on intra-African trade, which will accelerate sustainable economic development and consequently the enforcement of socio-economic rights, which will in turn reduce poverty and better the lives of millions of Africans who are in dire need of socio-economic rights to be enforced due to the living conditions they are in. Keywords: Africa; socio-economic rights; natural resources, strategic economic development.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"118 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139390913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The war in Iraq and the recent war in Ukraine symbolise the importance of resolving the crisis of international law and laws of war. In addition, the problematic aspect of these wars stems from the misconception of aggression or the composition of aggression. This falsity consists solely of the concept of aggression under international law, which has been abused, fragmented and confused. Therefore, this false idea of the concept of aggression under international law contributes to the development of modern conflicts. In an attempt to rationalise some of the fundamental failures in international law and the United Nations Security Council (hereinafter UNSC), this article seeks to examine whether the inclusion of ethics in the mechanism by which international law is implemented will be relatively useful. It explores whether ethical code can be incorporated into the mechanism by which international law is implemented, and if so, how can ethics enhance the existing rules and states' conduct? What role can ethics play in the justification of the use of force by the states, and what conclusion can be drawn from UNSC and states' practice? The article is divided into four sections. The first tries to explain the fundamental principles of ethics, while the second views international law in the conception of subject matter application and practice. The third section looks at Russia’s invasion of Ukraine and the UK/US invasion of Iraq. And the final part presents a philosophical conclusion on the subject matter. Keywords: Laws of War; Russia, Ukraine, Iraq and Ethics; International Law;
{"title":"The Ethics of Law: How US/UK Intervention in Iraq and Russia's Invasion of Ukraine Breach the Principle of Virtue and International Law","authors":"E. K. Nartey","doi":"10.30958/ajl.10-1-5","DOIUrl":"https://doi.org/10.30958/ajl.10-1-5","url":null,"abstract":"The war in Iraq and the recent war in Ukraine symbolise the importance of resolving the crisis of international law and laws of war. In addition, the problematic aspect of these wars stems from the misconception of aggression or the composition of aggression. This falsity consists solely of the concept of aggression under international law, which has been abused, fragmented and confused. Therefore, this false idea of the concept of aggression under international law contributes to the development of modern conflicts. In an attempt to rationalise some of the fundamental failures in international law and the United Nations Security Council (hereinafter UNSC), this article seeks to examine whether the inclusion of ethics in the mechanism by which international law is implemented will be relatively useful. It explores whether ethical code can be incorporated into the mechanism by which international law is implemented, and if so, how can ethics enhance the existing rules and states' conduct? What role can ethics play in the justification of the use of force by the states, and what conclusion can be drawn from UNSC and states' practice? The article is divided into four sections. The first tries to explain the fundamental principles of ethics, while the second views international law in the conception of subject matter application and practice. The third section looks at Russia’s invasion of Ukraine and the UK/US invasion of Iraq. And the final part presents a philosophical conclusion on the subject matter. Keywords: Laws of War; Russia, Ukraine, Iraq and Ethics; International Law;","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"123 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139391105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Digitalisation and innovation in learning and research are rapidly becoming crucial drivers of society's sustainable and progressive growth. AI's technological advancements and landscapes have significant strengths, and their diversity and quality have grown in recent years. This has facilitated the impressive development of AI apps and software, such as ChatGPT, which has become popular around the world. ChatGPT is an OpenAI access to users in education to generate essays, song lyrics and stories. It is an AI language model that can understand and generate human-like responses to text inputs, making it a valuable tool for various economic and cultural applications. This study examines the ethical dilemma of banning ChatGPT. Using a range of argumentative examples, I address the concept of moral obligations to OpenAI access but also its limitations. Some possible ethical issues that may arise in the use of AI-powered chatbots include concerns about data privacy, algorithmic bias, and the potential for chatbots to replace human interaction and support. Can OpenAI's cutting-edge technology and tools truly help corporate operations and institutions, and improve decision-making? Can it also give students and researchers significant resources to help them develop their knowledge, critical thinking skills and understanding in a variety of fields? Allowing ChatGPT to operate freely could lead to unintended consequences, but it could also promote innovation in the field of AI. Ultimately, finding a balance between regulation and innovation is key to maximising the benefits of ChatGPT while minimising its potential harms. AI software has the potential to degrade and debase our ethics, which are fundamentally different from our critical thinking. Chomsky, Roberts & Watumull concern is that AI software lacks the ability to understand and apply ethical principles in the same way that humans do, which could lead to unintended consequences and ethical dilemmas. Keywords: Critical Thinking; Ethical dilemma; Right or Wrong; ChatGPT
{"title":"The Ethical Dilemma with Open AI ChatGPT: Is it Right or Wrong to prohibit it?","authors":"Marzia A. Coltri","doi":"10.30958/ajl.10-1-6","DOIUrl":"https://doi.org/10.30958/ajl.10-1-6","url":null,"abstract":"Digitalisation and innovation in learning and research are rapidly becoming crucial drivers of society's sustainable and progressive growth. AI's technological advancements and landscapes have significant strengths, and their diversity and quality have grown in recent years. This has facilitated the impressive development of AI apps and software, such as ChatGPT, which has become popular around the world. ChatGPT is an OpenAI access to users in education to generate essays, song lyrics and stories. It is an AI language model that can understand and generate human-like responses to text inputs, making it a valuable tool for various economic and cultural applications. This study examines the ethical dilemma of banning ChatGPT. Using a range of argumentative examples, I address the concept of moral obligations to OpenAI access but also its limitations. Some possible ethical issues that may arise in the use of AI-powered chatbots include concerns about data privacy, algorithmic bias, and the potential for chatbots to replace human interaction and support. Can OpenAI's cutting-edge technology and tools truly help corporate operations and institutions, and improve decision-making? Can it also give students and researchers significant resources to help them develop their knowledge, critical thinking skills and understanding in a variety of fields? Allowing ChatGPT to operate freely could lead to unintended consequences, but it could also promote innovation in the field of AI. Ultimately, finding a balance between regulation and innovation is key to maximising the benefits of ChatGPT while minimising its potential harms. AI software has the potential to degrade and debase our ethics, which are fundamentally different from our critical thinking. Chomsky, Roberts & Watumull concern is that AI software lacks the ability to understand and apply ethical principles in the same way that humans do, which could lead to unintended consequences and ethical dilemmas. Keywords: Critical Thinking; Ethical dilemma; Right or Wrong; ChatGPT","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"83 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139390518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Network Analysis achieved some significant results in recent years thanks to advances in technology and in the approach to organisational networks. Less exciting were the results obtained with Mega Projects. These projects show high risk with regards to results, to the compliance of the budget and to the realization of the entire project. So far, the response of Mega Projects contracting authorities is to ask those presenting the project proposals to increase the number of controls and connected indexes without obtaining, almost until now, an increase in project performance. This paper examines the proposal to transfer some results of network analysis to the performance monitoring of Mega Projects. Starting from the case of Erasmus PICASP Project for the creation of Pilot courses and new didactics for teachers training in cultural tourism for the development of Caspian Area, the paper proposes an evolutionary model of cycles of simplification and complexification of the networks control systems. The approach of Practice Enterprise which allows the members of the project networks to acquire the practice of teamwork right from the early stages of planning, and, once the project starts case risks or emergencies arise, will be applied within his model. Keywords: Network Analysis, Practice Enterprise, MOOCs, Mega Projects, Erasmus Projects
{"title":"Network Analysis and Control System in Mega Projects: The Case of PICASP Erasmus Project","authors":"Massimo Bianchi","doi":"10.30958/ajl.10-1-1","DOIUrl":"https://doi.org/10.30958/ajl.10-1-1","url":null,"abstract":"Network Analysis achieved some significant results in recent years thanks to advances in technology and in the approach to organisational networks. Less exciting were the results obtained with Mega Projects. These projects show high risk with regards to results, to the compliance of the budget and to the realization of the entire project. So far, the response of Mega Projects contracting authorities is to ask those presenting the project proposals to increase the number of controls and connected indexes without obtaining, almost until now, an increase in project performance. This paper examines the proposal to transfer some results of network analysis to the performance monitoring of Mega Projects. Starting from the case of Erasmus PICASP Project for the creation of Pilot courses and new didactics for teachers training in cultural tourism for the development of Caspian Area, the paper proposes an evolutionary model of cycles of simplification and complexification of the networks control systems. The approach of Practice Enterprise which allows the members of the project networks to acquire the practice of teamwork right from the early stages of planning, and, once the project starts case risks or emergencies arise, will be applied within his model. Keywords: Network Analysis, Practice Enterprise, MOOCs, Mega Projects, Erasmus Projects","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"30 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139389792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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