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Ethical Concerns of Direct-to-Consumer Genetic Tests 直接面向消费者的基因检测的伦理问题
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0007
Fereshteh Shahrabi Farahani
Abstract The rapid development of technology is having an enormous effect on our lives. Emerging technological solutions offer new possibilities in various fields and on different levels, either for ordinary human beings or organisations and governments. However, the ethical implications of such technologies on our lives, our societies, are often not fully understood and require careful analysis. This article focuses on one type of such technologies, genetic tests available to the public, analysing the potential ethical concerns in these tests being directly provided to the consumers.
科技的快速发展对我们的生活产生了巨大的影响。新兴的技术解决方案为普通人、组织和政府在各个领域和不同层面提供了新的可能性。然而,这些技术对我们的生活和社会的伦理影响往往没有得到充分理解,需要仔细分析。这篇文章的重点是这类技术的一种,向公众提供的基因测试,分析了这些测试直接提供给消费者的潜在伦理问题。
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引用次数: 0
Artificial Intelligence, Value Alignment and Rationality 人工智能、价值取向与合理性
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0004
Zhumagul Bekenova, P. Müürsepp, G. Nurysheva, L. Turarbekova
Abstract The problem of value alignment in the context of AI studies is becoming more and more acute. This article deals with the basic questions concerning the system of human values corresponding to what we would like digital minds to be capable of. It has been suggested that as long as humans cannot agree on a universal system of values in the positive sense, we might be able to agree on what has to be avoided. The article argues that while we may follow this suggestion, we still need to keep the positive approach in focus as well. A holistic solution to the value alignment problem is not in sight and there might possibly never be a final solution. Currently, we are facing an era of endless adjustment of digital minds to biological ones. The biggest challenge is to keep humans in control of this adjustment. Here the responsibility lies with the humans. Human minds might not be able to fix the capacity of digital minds. The philosophical analysis shows that the key concept when dealing with this issue is value plurality. It may well be that we have to redefine our understanding of rationality in order to successfully deal with the value alignment problem. The article discusses an option to elaborate on the traditional understanding of rationality in the context of AI studies.
摘要人工智能研究中的价值取向问题越来越尖锐。这篇文章讨论了与我们希望数字思维能够实现的人类价值体系相对应的基本问题。有人认为,只要人类不能就积极意义上的普遍价值体系达成一致,我们就可以就必须避免的事情达成一致。文章认为,虽然我们可以遵循这一建议,但我们仍然需要关注积极的方法。价值一致问题的整体解决方案不在眼前,可能永远不会有最终解决方案。目前,我们正面临一个数字思维与生物思维无休止调整的时代。最大的挑战是让人类控制这种调整。这里的责任在于人类。人类的大脑可能无法修复数字大脑的能力。哲学分析表明,处理这一问题的核心概念是价值多元化。很可能我们必须重新定义我们对理性的理解,才能成功地处理价值取向问题。本文讨论了在人工智能研究背景下阐述传统理性理解的一种选择。
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引用次数: 0
The Kremlin’s Information Influence Campaigns in Estonia and Estonian Response in the Context of Russian-Western Relations 克里姆林宫在爱沙尼亚的信息影响运动和爱沙尼亚在俄西关系背景下的反应
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0002
V. Sazonov, I. Ploom, Viljar Veebel
Abstract The Russian Federation has developed a large number of instruments to put pressure on the West using non-conventional means such as cyber attacks, economic tools and information warfare. Using modern IT technologies in its hybrid activities, Russia, much like China or other authoritarian powers, is trying to challenge the current world order. These instruments are particularly evident in the Baltic States. This article uses Estonia as a case study to inquire into the political goals and strategic conduct of Russia. Specifically, the focus is on the political context, instruments of information war, and available countermeasures. As argued in the current study, the shift from European to Eurasian power, Russia’s careful management and success in avoiding crossing the “red lines” of its adversaries, as well as in exploiting the socioeconomic weaknesses and openness of the West, all play a relevant role in understanding the political context. As for instruments, Russia has developed strategic narratives and conspiracy theories, plus several channels next to media channels, and policy tools such as Pax Russica and the compatriot policy. These are deployed in its neighborhood and aimed at unintegrated segments of the Russophone populations.
摘要俄罗斯联邦开发了大量工具,使用网络攻击、经济工具和信息战等非常规手段向西方施压。与中国或其他威权大国一样,俄罗斯在其混合活动中使用现代IT技术,试图挑战当前的世界秩序。这些文书在波罗的海国家尤为明显。本文以爱沙尼亚为个案,探讨俄罗斯的政治目标和战略行为。具体而言,重点是政治背景、信息战工具和可用的对策。正如目前的研究所指出的,从欧洲大国向欧亚大国的转变、俄罗斯的谨慎管理和成功避免越过对手的“红线”,以及利用西方的社会经济弱点和开放性,都在理解政治背景方面发挥了相关作用。至于工具,俄罗斯发展了战略叙事和阴谋论,加上媒体渠道旁边的几个渠道,以及俄罗斯和平和同胞政策等政策工具。这些部署在其附近,针对的是俄语人口中未融合的部分。
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引用次数: 1
Local Leader and the Labour Law Position in the Context of the Smart City Concept through the Optics of the EU 从欧盟的视角看智慧城市概念背景下的地方领导和劳动法地位
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0001
Vladimíra Žofčinová, A. Čajková, Rastislav Král
Abstract The article discusses the implementation of the global concepts of smart city or smart municipality at the local level, focusing on the importance of mayor as a leader and his competencies in this context. The status of elected representatives of self-government in the branch of labour law is legislatively only marginally regulated, with insufficient terminological and functional interconnection between special legislation and labour law. The aim of the authors is to point out the relationship between the current legislation on prelegal relations between the mayor and his leadership duties and powers and to identify barriers in the implementation of the concept of smart cities in the Slovak Republic. The objective of the scientific study is determined based directly on current needs and emerging practical issues. Understanding and applying these correctly has a fundamental impact on the possibilities of rules in local government. Methodologically, our research relies on the basic methods of scientific abstraction in the context of the analysis of de lege lata legislation with a thorough application of the methods of legal logic. The authors draw attention to the partial questions of the labour status and educational census of the Mayor of the Municipality in the context of smart city concept and propose solutions.
摘要本文讨论了智能城市或智能市政的全球概念在地方层面的实施,重点是市长作为领导者的重要性及其在这方面的能力。选举产生的自治政府代表在劳动法部门中的地位在立法上只受到轻微的管制,特别立法和劳动法之间在术语和功能上的联系不足。作者的目的是指出市长与其领导职责和权力之间法律前关系的现行立法之间的关系,并确定斯洛伐克共和国实施智能城市概念的障碍。科学研究的目标是直接根据当前的需求和新出现的实际问题确定的。正确理解和应用这些规则对地方政府制定规则的可能性有着根本性的影响。在方法论上,我们的研究依赖于科学抽象的基本方法,在分析现行法律的背景下,充分应用法律逻辑的方法。在智慧城市概念的背景下,作者提请注意市市长劳动状况和教育普查的部分问题,并提出解决方案。
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引用次数: 11
Open Data: A Stepchild in e-Estonia’s Data Management Strategy? 开放数据:电子爱沙尼亚数据管理战略的继子?
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0006
Elsa-Maria Tropp, Thomas Hoffmann, Archil Chochia
Abstract The availability of open data has increased dramatically, partly in reaction to several types of government agencies publishing their raw data. Access to and use of open data is not only essential for the development of public policy and delivery of various services, but it is also of eminent value for private (and often economic) purposes. To meet these demands, the availability of open data has increased dramatically both domestically and EU-wide. Nevertheless, it is still access to and use of personal data which is usually in the spotlight of public—and also legal—debates. Contributing to fill this gap, this paper analyses the significance of open data and the resulting challenges imposed by the widespread lack of specific open data policies. The paper also provides an overview of the existing systems used in Estonian governance to ensure access to open information, but also highlights the shortcomings, before it finally makes proposals on how to improve open data disclosure practices in Estonia.
开放数据的可用性急剧增加,部分原因是由于几种类型的政府机构发布其原始数据。获取和使用开放数据不仅对制定公共政策和提供各种服务至关重要,而且对私人(通常是经济)目的也具有显著价值。为了满足这些需求,开放数据的可用性在国内和欧盟范围内急剧增加。然而,个人数据的获取和使用仍然是公众和法律辩论的焦点。为了填补这一空白,本文分析了开放数据的重要性以及由于普遍缺乏具体的开放数据政策而带来的挑战。该论文还概述了爱沙尼亚治理中使用的现有系统,以确保获取公开信息,但也强调了缺点,最后就如何改进爱沙尼亚的公开数据披露实践提出了建议。
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引用次数: 4
The European Union Facing the 21st Century: The Digital Revolution 面向21世纪的欧盟:数字革命
IF 0.8 Q2 LAW Pub Date : 2022-05-01 DOI: 10.2478/bjes-2022-0003
D. Troitino
Abstract The European Union is a unique political process in the world. It continuously integrates different aspects creating a communality among its Member States. The process of integration responds to the necessities of the organization to adapt to the social, political, and economic reality and solving the dysfunctionalities arisen from the process. Currently, digitalization is a process required to adapt the European Union to the reality, to provide a common frame to an existing digital world. Therefore, the EU needs to respond the requirements of the society for the implementation of European standards in a new, but already relevant, area. In addition, the EU drag from the past dysfunctionalities that can be addressed thanks to the new possibilities generated by the digitalization of politics and economy. This research analyses both the necessity of adapting and solving previous obstacles under the prism of the available digital solutions.
摘要欧盟是世界上一个独特的政治进程。它不断整合不同方面,在其成员国之间形成共同体。整合过程回应了组织适应社会、政治和经济现实的必要性,并解决了这一过程中产生的功能障碍。目前,数字化是一个使欧盟适应现实的过程,为现有的数字世界提供一个共同的框架。因此,欧盟需要回应社会对在一个新的、但已经相关的领域实施欧洲标准的要求。此外,由于政治和经济数字化产生了新的可能性,欧盟从过去的功能失调中拖了出来,这些功能失调可以得到解决。本研究在现有数字解决方案的棱镜下分析了适应和解决先前障碍的必要性。
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引用次数: 10
Those Who Shall Be Identified: The Data Protection Aspects of the Legal Framework for Electronic Identification in the European Union 谁应该被识别:欧盟电子识别法律框架的数据保护方面
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0012
Jozef Andraško, Matúš Mesarčík
Abstract The article focuses on the intersections of the regulation of electronic identification as provided in the eIDAS Regulation and data protection rules in the European Union. The first part of the article is devoted to the explanation of the basic notions and framework related to the electronic identity in the European Union— the eIDAS Regulation. The second part of the article discusses specific intersections of the eIDAS Regulation with the General Data Protection Regulation (GDPR), specifically scope, the general data protection clause and mainly personal data processing in the context of mutual recognition of electronic identification means. The article aims to discuss the overlapping issues of the regulation of the GDPR and the eIDAS Regulation and provides a further guide for interpretation and implementation of the outcomes in practice.
摘要本文主要探讨eIDAS法规对电子身份识别的监管与欧盟数据保护规则的交集。本文第一部分阐述了欧盟电子身份的基本概念和框架——eIDAS法规。文章的第二部分讨论了eIDAS条例与通用数据保护条例(GDPR)的具体交集,具体包括范围、通用数据保护条款以及主要是电子身份识别手段相互承认背景下的个人数据处理。本文旨在探讨GDPR与eIDAS法规监管的重叠问题,并为实践中成果的解释和实施提供进一步的指导。
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引用次数: 4
Legal Engineering of the Anti-Abuse Rule in ATAD: Architecture of the Regression Tree Model ATAD反滥用规则的法律工程:回归树模型的体系结构
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0015
Kaido Künnapas
Abstract Every taxable arrangement is subject to an anti-abuse test. Abusive arrangements are treated as not valid for tax purposes, which is similar to the treatment of artificial arrangements in civil law. The European Union has introduced in its Anti-Tax Avoidance Directive a general anti-abuse test which must be transposed into the domestic laws of Member States. Such a test has its inner structure, consisting of an elimination and requalification stage, while the elimination stage entails genuineness and a tax benefit test. The general anti-abuse test has a great potential (or scalability when speaking in the language of start-ups) of being automated and integrated into different legal application processes (such as taxpayer self-assessment systems, transactions certified by public notary or merger and acquisition deals) to discover debt push down abuses or other arrangement structures which may have abusive content. While the best method for create a reliable algorithm is a decision tree type model, the inner ambiguity of the general anti-abuse test prevents using the full benefits of automation of tax laws. The purpose of this article is to design a decision tree type model for the test and address the main challenges of such a model, both from the perspective of the clarity of concepts and the quality of input information such an engine would use.
每一项应纳税安排都要经过反滥用检验。滥用安排被视为无效的税收目的,这是类似的处理人为安排在民法。欧盟在其反避税指令中引入了一项一般的反滥用测试,必须将其转化为成员国的国内法。这种测试有其内部结构,包括排除和重新资格阶段,而排除阶段包括真实性和税收优惠测试。一般的反滥用测试具有很大的潜力(或在初创公司的语言中具有可扩展性),可以自动化并集成到不同的法律应用流程中(例如纳税人自我评估系统,经公证人认证的交易或并购交易),以发现债务推低滥用或其他可能包含滥用内容的安排结构。虽然创建可靠算法的最佳方法是决策树类型模型,但一般反滥用测试的内部模糊性阻碍了使用税法自动化的全部好处。本文的目的是为测试设计一个决策树类型的模型,并从概念的清晰度和这种引擎将使用的输入信息的质量的角度来解决这种模型的主要挑战。
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引用次数: 1
Personal Data Protection in the Decision-Making of the CJEU Before and After the Lisbon Treaty 《里斯本条约》前后欧洲法院决策中的个人数据保护
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0020
Ondřej Pavelek, Drahomíra Zajíčková
Abstract Personal data protection is one of the important areas of the EU’s operation and the general public is especially aware of the General Data Protection Regulation (GDPR). However, personal data protection has been an issue in the EU for a long time. The Court of Justice of the European Union (CJEU) plays a major role in personal data protection as their function is to interpret EU law and thus also EU legislation related to personal data protection. Until now, research papers have tackled specific issues related to interpreting EU legislation or analyses of specific decisions made by the CJEU. However, no comprehensive empirical legal study has been published so far which would evaluate the decision-making of the CJEU in the area of personal data protection using a combination of quantitative and qualitative methods. Therefore, no analysis has been carried out to determine how many decisions of the CJEU have been related to personal data protection, how their number has increased, or which participants and from which areas have participated in the proceedings. The results of the analysis presented here can be used as a basis for studying the future development of the CJEU’s decision-making in the area of personal data protection in relation to digitization and especially to the COVID-19 pandemic, which undoubtedly has contributed to a significant increase in online communication, posing new challenges towards a more efficient personal data protection in the online world.
摘要个人数据保护是欧盟运作的重要领域之一,公众尤其了解《通用数据保护条例》(GDPR)。然而,长期以来,个人数据保护一直是欧盟的一个问题。欧洲联盟法院(CJEU)在个人数据保护方面发挥着重要作用,因为其职能是解释欧盟法律,从而解释与个人数据保护有关的欧盟立法。到目前为止,研究论文已经解决了与解释欧盟立法或分析欧盟法院做出的具体决定有关的具体问题。然而,到目前为止,还没有发表全面的实证法律研究,该研究将使用定量和定性相结合的方法来评估CJEU在个人数据保护领域的决策。因此,没有进行任何分析来确定CJEU有多少决定与个人数据保护有关,其数量如何增加,或者哪些参与者和哪些领域参与了诉讼。本文的分析结果可作为研究CJEU在个人数据保护领域与数字化相关的决策未来发展的基础,尤其是与新冠肺炎大流行相关的决策,这无疑有助于大幅增加在线通信,在网络世界中对更高效的个人数据保护提出了新的挑战。
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引用次数: 6
The Polish Experience in the Development of Smart Cities 波兰发展智慧城市的经验
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0014
Magdalena Kisała
Abstract In recent years, Poland has seen an increased migration of people to cities, which translates into significant urban population growth. This, in turn, raises new challenges in the performance of cities’ tasks and responsibilities. Additionally, climate changes and the depletion of natural resources necessitate the modification of existing urban practices. Polish cities seek solutions which would enable social, economic and environmental demands to be reconciled so that urban spaces become friendly for the city’s inhabitants and investors. Some Polish cities have applied the smart city concept to solve their problems. Despite the fact that the concept has been the subject of scientific research for many years, no universal definition of the smart city has been agreed upon. Analyzed assumptions of the smart city concept as well as the Polish experiences in the implementation indicate that the concept is dynamic and changes over time. It should be considered as a perpetual process unrestricted by a specific timeframe. This impedes the formulation of uniform, generally accepted assumptions of the concept since its existence is inscribed in the change related to urban development. This article claims that this would be a beneficial approach for formulating the general characteristics of the smart city that could be applicable to any city, and that could be employed regardless of the present challenges cities may face.
摘要近年来,波兰人口向城市的迁移有所增加,这转化为城市人口的显著增长。这反过来又对城市履行任务和责任提出了新的挑战。此外,气候变化和自然资源的枯竭需要改变现有的城市做法。波兰城市寻求能够调和社会、经济和环境需求的解决方案,使城市空间对城市居民和投资者变得友好。一些波兰城市已经应用智能城市的概念来解决他们的问题。尽管这一概念多年来一直是科学研究的主题,但尚未就智能城市的普遍定义达成一致。分析了智能城市概念的假设以及波兰在实施过程中的经验,表明该概念是动态的,并随着时间的推移而变化。它应被视为一个不受特定时间限制的永久过程。这阻碍了对这一概念的统一、普遍接受的假设的形成,因为它的存在是与城市发展相关的变化所决定的。这篇文章声称,这将是一种有益的方法,可以制定适用于任何城市的智能城市的一般特征,并且无论城市可能面临的当前挑战如何,都可以采用这种方法。
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引用次数: 3
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TalTech Journal of European Studies
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