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An Honourable U-Turn? Finland and New Europe after the End of the First World War 体面的180度大转弯?第一次世界大战结束后的芬兰与新欧洲
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0003
V. Vares
Abstract The article deals with the situation of a small, newly- and uncertainly independent country that had a peculiar experience in the year 1918. The country had declared its independence in December 1917, had received the recognition from Soviet Russia, the Nordic countries, Germany and its allies, and France in January 1918. Almost simultaneously, it drifted to a civil war, in which both the Germans and the Russians participated. However, the Civil War was mainly a domestic concern, and the outcome was the defeat of an attempt at a socialist revolution and the victory of an extremely pro-German government that even elected a German king in Finland in October 1918. The project was never fulfilled, but the experience left an exceptional, pro-German mental heritage, to which the terms of the armistice of November 1918 was a shock. They were seen as unjust, revengeful and even petty—both by the Finnish “Whites” (non-socialists) and the “Reds” (socialists). The Versailles Treaty in 1919 did not directly concern Finland. However, it might have done so in the question of Finnish borders, which was still partly unresolved—both in the west (a strife with Sweden over the Åland Islands) and in the east (ethnically Finnish Eastern Karelia). Moreover, the Allies were uncertain whether Finland should be considered Scandinavian or Baltic. Britain and the United States had not yet recognized Finland’s independence, so in order to secure independence and territorial integrity, the Finns had to adjust to the Allies’ demands and actively drive a Western-oriented policy. This was done for the same reason why the German orientation had been previously adapted—the threat of Russia and revolution—but it was psychologically strenuous for some political circles because they felt that there was an element of dishonorable opportunism to it. However, they could offer no alternative in a situation in which a newborn state had to secure its independence and legitimacy in New Europe, adjusting to disappointments and demands.
摘要本文论述了一个新独立的小国在1918年的特殊经历。该国于1917年12月宣布独立,并于1918年1月获得苏俄、北欧国家、德国及其盟友和法国的承认。几乎同时,它陷入了一场内战,德国人和俄罗斯人都参与了内战。然而,内战主要是国内关注的问题,其结果是社会主义革命的失败,以及极端亲德政府的胜利,该政府甚至于1918年10月在芬兰选举了一位德国国王。该项目从未完成,但这段经历留下了一种特殊的亲德精神遗产,1918年11月停战的条款对此感到震惊。他们被芬兰的“白人”(非社会主义者)和“红军”(社会主义者)视为不公正、复仇甚至卑鄙。1919年的《凡尔赛条约》并没有直接涉及芬兰。然而,它可能在芬兰边界问题上做到了这一点,这一问题仍然部分没有解决——无论是在西部(与瑞典在奥兰群岛上的冲突)还是在东部(芬兰裔的东部卡累利阿)。此外,盟国不确定芬兰应该被视为斯堪的纳维亚还是波罗的海。英国和美国尚未承认芬兰的独立,因此为了确保独立和领土完整,芬兰人不得不适应盟国的要求,积极推行西方政策。这样做的原因与之前德国的取向被调整的原因相同——俄罗斯和革命的威胁——但对一些政界来说,这在心理上很艰难,因为他们觉得这其中有不光彩的机会主义成分。然而,在一个新生国家必须确保其在新欧洲的独立性和合法性,并适应失望和要求的情况下,他们别无选择。
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引用次数: 1
Cross-Border Capacity-Building for Port Ecosystems in Small and Medium-Sized Baltic Ports 波罗的海中小型港口港口生态系统的跨境能力建设
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0008
C. Meyer, L. Gerlitz, L. Henesey
Abstract One of the key challenges related to the threat posed by the COVID-19 pandemic is preservation of employment and protecting staff who are working in port operations and struggling to keep ports operating for ship calls. These activities performed by port labour are deemed to be crucial for the EU and European ports, since 75% of the EU external trade and 30% of intra-EU transport goods are moved by waterborne transport. As a response to the global lockdown and the vulnerability of global supply chains, the majority of international organisations and maritime ports networks have shortlisted measures necessary to keep the severe effects of the lockdown to a minimum. One of the key measures identified is how to limit physical interaction. As an effect, millions of people and organisations across the globe have had to use and/or increase their deployment of digital technologies, such as digital documentation, tracing information systems and digital group-working platforms. Hence, blockchain and data-enabling systems have become to be recognised as a core element maintaining the uninterrupted flow of goods and services at ports. In pursuing uninterrupted trade and keeping ports open and running, this research paper addresses how the current situation afflicts the small and medium-sized ports located on the Baltic Sea which are argued to be critical actors of the port-centric logistics’ ecosystem. Given the topicality of this research and addressing the research gap, the authors suggest a conceptual capacity-building framework for port employees. This suggested framework is based on empirical insights: primary and secondary data collected from the project Connect2SmallPorts, part-financed by the Interreg South Baltic Programme 2014–2020 from the European Regional Development Fund (ERDF). The conceptual framework aims towards a practical training programme dedicated to fill in the missing skills or expand the limited competence of human resources and ports’ capacity when adapting or advancing digitalisation in the ports’ ecosystems. In particular, specific areas of capacity building are addressed and individual solutions suggested to foster a digital transformation of ports. The conceptual training framework is designed as a training tool indicating opportunities to help ports upgrade their competences with the blockchain technology, and to advance their transportation, environmental and economic performance with improved digitalisation. For this purpose, the conducted research employed mixed methods and applied concepts and approaches based on the field of management. For example, the construct of absorptive capacity, organisational learning, transformation, resource-based view and the concept of dynamic capabilities are included in the ecosystem discourse and are linked with open innovation and service design. The research presented in this article provides both theoretical and practical contributions, in which the affected stakeholders can t
与2019冠状病毒病大流行带来的威胁相关的关键挑战之一是保持就业和保护从事港口业务的员工,并努力保持港口的船舶停靠。港口工人从事的这些活动被认为对欧盟和欧洲港口至关重要,因为75%的欧盟对外贸易和30%的欧盟内部运输货物是通过水运运输的。为应对全球封城和全球供应链的脆弱性,大多数国际组织和海运港口网络都列出了将封城的严重影响降至最低的必要措施。确定的关键措施之一是如何限制身体互动。其结果是,全球数以百万计的个人和组织不得不使用和/或增加数字技术的部署,例如数字文档、跟踪信息系统和数字小组工作平台。因此,区块链和数据支持系统已被认为是维持港口货物和服务不间断流动的核心要素。为了追求不间断的贸易和保持港口的开放和运行,本研究论文解决了目前的情况如何影响位于波罗的海的中小型港口,这些港口被认为是以港口为中心的物流生态系统的关键角色。鉴于本研究的话题性和解决研究差距,作者建议为港口员工建立一个概念性的能力建设框架。建议的框架基于经验见解:从“连接小港口”项目收集的主要和次要数据,该项目由欧洲区域发展基金(ERDF)的“2014-2020年南波罗的海国际计划”部分资助。该概念框架旨在制定一个实用的培训计划,致力于在适应或推进港口生态系统的数字化时填补缺失的技能或扩大人力资源和港口能力的有限能力。特别指出了能力建设的具体领域,并提出了促进港口数字化转型的个别解决方案。该概念性培训框架旨在作为一种培训工具,表明有机会帮助港口利用区块链技术提升其能力,并通过改进数字化来提高其运输、环境和经济绩效。为此,所进行的研究采用了混合方法,并应用了基于管理领域的概念和方法。例如,吸收能力的构建、组织学习、转型、资源基础观和动态能力的概念都包含在生态系统话语中,并与开放式创新和服务设计相联系。本文的研究提供了理论和实践的贡献,其中受影响的利益相关者可以测试和利用开发的工具,并将其转移到其他地区。
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引用次数: 9
Not All Past is Legacy: Echoes of 1917–1923 in Contemporary East Central Europe 并非所有的过去都是遗产:当代中东欧1917-1923的回响
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0004
M. Górny
Abstract The article discusses parallelisms between the social and political realities of East Central Europe around 1917–1923 and the current state of affairs. It starts with an analysis of the dynamic social relations in the final year of the Great War to follow with the question of their impact on politics and a short outline of the region’s history after 1918. While in terms of political and social reality there is little to invite comparison between these two periods under scrutiny, the language of politics and popular sentiments do. Most importantly, and similarly to East Central Europe in the interwar period, fear of a radical change (be it Bolshevism as in 1917–1923 or the cultural revolution) is the main tool of conservative mobilization which represents the sole actual danger to the existing social and political order.
本文探讨了1917-1923年前后东欧的社会和政治现实与当前状况之间的相似之处。本书首先分析了第一次世界大战最后一年的动态社会关系,接着讨论了它们对政治的影响,并简要概述了1918年之后该地区的历史。虽然在政治和社会现实方面,这两个时期几乎没有什么可比较的,但政治语言和民意却可以。最重要的是,与两次世界大战期间的东欧相似,对激进变革(无论是1917-1923年的布尔什维克主义还是文化大革命)的恐惧是保守派动员的主要工具,它代表了现有社会和政治秩序的唯一实际危险。
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引用次数: 0
The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law Achmea判例法背景下的欧洲共同投资政策及其展望
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0010
Daniela Nováčková, T. Peráček
Abstract Current developments in the field of international investment relations are influenced by the ruling of the Court of Justice in the Achmea case, when de facto European law became superior to international law. The verdict of the Court of Justice changes the usual legal procedures and customs in the field of bilateral investment agreements. However, the impact of this court decision is an almost unexplored area due to the lack of interest of legal theorists, and it is relatively difficult to find answers to the ambiguities and problems that have arisen. The scientific study analyses the current process of introducing new rules in the field of investment policy within the European Union, which means the end of bilateral investment agreements within the European Union. It also examines the European Union’s activities in the field of foreign direct investment and the development of a stable European investment policy. Determining the goal of the scientific study is based directly on current needs and emerging practical problems in practice. Their correct understanding and application has a fundamental impact on the possibilities of rules in the field of investment policy. Due to the nature of the researched topic, we applied selected qualitative methods suitable for recognising the law. However, we also analysed scientific literature, case-law and the analogy of law, thus providing qualified answers to the application pitfalls of legal practice.
国际投资关系领域的当前发展受到法院在阿赫梅亚案中裁决的影响,当时事实上的欧洲法优于国际法。法院的判决改变了双边投资协定领域的通常法律程序和惯例。然而,由于法律理论家缺乏兴趣,这一法院判决的影响几乎是一个未被探索的领域,对于已经出现的歧义和问题,找到答案相对困难。这项科学研究分析了目前在欧盟投资政策领域引入新规则的过程,这意味着欧盟内部双边投资协定的结束。报告还审查了欧洲联盟在外国直接投资领域的活动和制定稳定的欧洲投资政策的情况。科学研究目标的确定直接基于当前的需求和实践中出现的实际问题。它们的正确理解和应用对投资政策领域规则的可能性具有根本性的影响。由于研究课题的性质,我们选择了适合识别规律的定性方法。然而,我们也分析了科学文献、判例法和法律类比,从而为法律实践中的适用陷阱提供了合格的答案。
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引用次数: 3
Normativity in the EU’s Approach towards Disinformation 欧盟应对虚假信息的规范性
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0011
Anna Kobernjuk, A. Kasper
Abstract With the rapid growth of disinformation, two major steps were taken to battle the phenomenon in the online environment—first on the global level, and second on the European Union level. The first step is the Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda, which provides a general overview of possible actions to be taken to fight disinformation, and how “things should be”. The steps are connected to following human rights standards, promoting the diversity of media, and paying special attention to intermediaries and media outlets. The second one is the Code of Practice on Disinformation, which is a self-regulatory document that can be voluntarily signed by major social media platforms and advertising bodies, and its main focus is making political advertising coherent and clear, preventing the creation of fake accounts, providing users with tools to report disinformation, and promote further research. Nevertheless, based on the reports and criticism from stakeholders, the Code of Practice has not reached a common ground regarding definitions, it has provided no mechanism to access the development, and has had several other drawbacks which need additional attention and discussion. The article is devoted to identifying gaps in the Code of Practice on Disinformation based on the reports and criticism provided by the stakeholders and elaborating on possible practices to regulate the legal issues raised by disinformation on the European Union level. We use doctrinal and comparative methods in the work. The doctrinal method targets the cluster that was identified in order to analyze the Code of Practice, identifies weak spots and inconsistencies, and offers solutions from different areas of law. The comparative method was selected since in several areas of law, such as human rights and consumer protection law, the previously identified approaches will be addressed to find the best outcomes. This combination of methods allows an in-depth understanding of legal documents and identifying successful solutions, which can influence further development based on efficient examples.
摘要随着虚假信息的快速增长,我们采取了两个主要步骤来应对网络环境中的这一现象——第一个是在全球层面,第二个是在欧盟层面。第一步是《言论自由与“假新闻”、虚假信息和宣传联合宣言》,该宣言概述了打击虚假信息的可能行动,以及“情况应该如何”。这些步骤涉及遵循人权标准,促进媒体的多样性,并特别关注中介机构和媒体渠道。第二个是《虚假信息行为准则》,这是一份可以由主要社交媒体平台和广告机构自愿签署的自律文件,其主要重点是使政治广告连贯清晰,防止创建虚假账户,为用户提供举报虚假信息的工具,并促进进一步的研究。然而,根据利益攸关方的报告和批评,《业务守则》在定义方面没有达成共识,没有提供获取发展的机制,还存在其他一些需要进一步关注和讨论的缺陷。这篇文章致力于根据利益相关者提供的报告和批评,找出《虚假信息行为准则》中的漏洞,并详细阐述在欧盟层面监管虚假信息引发的法律问题的可能做法。我们在工作中使用了理论方法和比较方法。理论方法针对为分析《业务守则》而确定的集群,确定薄弱环节和不一致之处,并提供不同法律领域的解决方案。之所以选择比较方法,是因为在人权和消费者保护法等几个法律领域,将采用以前确定的方法,以找到最佳结果。这种方法的结合使人们能够深入了解法律文件并确定成功的解决方案,这可以影响基于有效例子的进一步发展。
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引用次数: 1
A Case in Relations between Great Powers and Small States—France’s Recognition of Finnish Independence, 1917–1918 大国与小国关系中的一个案例——法国承认芬兰独立,1917-1918
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0002
Louis Clerc
Abstract What are the most important variables explaining the 4 January 1918 decision by the French Government to recognise Finland’s independence? This short contribution to the Special Issue aims at giving a broad overview of developments explaining this decision. It will first of all introduce general notions concerning France’s relation with “nationalities” during the First World War. It will more specifically describe the geopolitical environment of the winter 1917–1918, when France looked for ways to react to the crumbling of its Russian ally against Germany. It will also emphasise the way domestic developments and the long-term action of Finnish national networks helped in shaping up this decision. Finally, based on this example, it will consider various ways for small states to try and influence their international environment.
什么是解释1918年1月4日法国政府决定承认芬兰独立的最重要的变量?本期特刊的这篇简短文章旨在对解释这一决定的事态发展进行全面概述。它将首先介绍关于第一次世界大战期间法国与“民族”关系的一般概念。它将更具体地描述1917年至1918年冬季的地缘政治环境,当时法国正在寻找应对其盟友俄国对德国崩溃的方法。它还将强调国内发展和芬兰国家网络的长期行动如何帮助形成这一决定。最后,基于这个例子,它将考虑小国尝试和影响其国际环境的各种方式。
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引用次数: 0
Integration Perspectives of Eurasian Land-Based Transport Corridors: Empirical Evidence from the OBOR and Rail Baltica Initiatives 欧亚陆上交通走廊的一体化前景:OBOR和Rail-Baltica倡议的经验证据
IF 0.8 Q2 LAW Pub Date : 2020-12-01 DOI: 10.1515/bjes-2020-0019
A. Beifert, G. Prause, Y. Shcherbanin
Abstract Land-based Trans-Eurasian transport corridors, their current development and perspectives have been high on the political agenda in the last two decades not only in Europe and China but also in the transit countries such as russia, Belarus and Kazakhstan. A number of conceptual initiatives are already being implemented. The Belt and road or the one Belt, one road (oBor) initiative on the Chinese side and the rail Baltica project from the European perspective have gained special attention. Big-scale infrastructural projects are also being implemented by transit countries, e.g., the construction of a motorway from China to Europe—from Kazakhstan via russia to Belarus—to facilitate the land-based shortcut for cargo transport within the Eurasian transport corridor. This article investigates the general framework conditions of infrastructural investments into projects related to Eurasian logistics and discusses strategic areas of intersection between the European activities and the new Silk Way. in the framework of the oBor initiative, this article also addresses the interaction of the Chinese–Kazakh–russian–Belarusian –polish railway transport, with a special focus on Belarusian–polish cross-border issues. The authors have participated in several projects focusing on transport corridors and discuss the research question of how different Eurasian land-based transport corridors can be integrated and which strategic role can the rail Baltica project play in the context of the new Silk route. The research is based on surveys, expert interviews, secondary data research and case studies.
陆基跨欧亚运输走廊,其目前的发展和前景在过去二十年中不仅在欧洲和中国,而且在俄罗斯、白俄罗斯和哈萨克斯坦等过境国也已成为政治议程上的重要议题。一些概念性倡议已经在执行中。中国提出的“一带一路”倡议和欧洲提出的“波罗的海”铁路项目尤其受到关注。过境国也正在实施大型基础设施项目,例如修建一条从中国到欧洲的高速公路,从哈萨克斯坦经俄罗斯到白俄罗斯,以便利欧亚运输走廊内货物运输的陆上捷径。本文研究了欧亚物流相关项目基础设施投资的总体框架条件,并讨论了欧洲活动与新丝绸之路之间的战略交叉点。在一带一路倡议的框架下,本文还讨论了中国-哈萨克斯坦-俄罗斯-白俄罗斯-波兰铁路运输的互动,特别关注白俄罗斯-波兰的跨境问题。作者参与了几个以运输走廊为重点的项目,并讨论了如何整合不同的欧亚陆基运输走廊以及波罗的海铁路项目在新丝绸之路背景下可以发挥何种战略作用的研究问题。该研究基于调查、专家访谈、二手数据研究和案例研究。
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引用次数: 2
Have the Baltic Countries Run Out of Labour Reserves? 波罗的海国家的劳动力储备耗尽了吗?
IF 0.8 Q2 LAW Pub Date : 2020-12-01 DOI: 10.1515/bjes-2020-0021
O. Krasnopjorovs
Abstract The aim of the article is to study both the magnitude and structure of internal labour reserves in the Baltic countries as well as to discuss potential policy measures that might help to activate these reserves. despite the record-high employment rates recently posted by Estonia, Latvia and Lithuania, considerable internal labour reserves can still be found in some population groups. Among upper-middle-aged men, low employment might reflect a low incidence of lifelong learning, inadequate digital skills and rapidly deteriorating health condition. Low employment of youth mirrors the low prevalence of apprenticeships. in Lithuania and Latvia, there is also a postponed entry of young women into the labour market. These internal labour reserves total more than 25,000 people in Estonia, 55,000 in Latvia and 85,000 in Lithuania, corresponding to 4–7% of the total employment. The recent outbreak of the Covid-19 pandemic may somewhat increase and change the structure of these labour reserves.
摘要本文的目的是研究波罗的海国家内部劳动力储备的规模和结构,并讨论可能有助于激活这些储备的潜在政策措施。尽管爱沙尼亚、拉脱维亚和立陶宛最近公布了创纪录的高就业率,但在一些人口群体中仍然可以找到大量的内部劳动力储备。在中老年男性中,就业率低可能反映出终身学习发生率低、数字技能不足以及健康状况迅速恶化。青年就业率低反映了学徒制的低普及率。在立陶宛和拉脱维亚,年轻妇女进入劳动力市场的时间也被推迟。这些内部劳动力储备在爱沙尼亚总计超过25000人,在拉脱维亚超过55000人,在立陶宛超过85000人,相当于总就业人数的4-7%。最近爆发的新冠肺炎疫情可能会在一定程度上增加和改变这些劳动力储备的结构。
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引用次数: 4
Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse 欧盟药品的过度定价:剥削和剥削性滥用之间的平衡
IF 0.8 Q2 LAW Pub Date : 2020-12-01 DOI: 10.1515/bjes-2020-0023
Mari Minn
Abstract Normally, after the end of the exclusivity period offered by patents, medicines fall in public domain attracting competing companies to launch generic production that would bring down price levels. for different reasons, generic production of off-patented medicines does not always take place, allowing the main producer to continue dictate price levels. under some circumstances, this conduct may turn into exploitative abuse. However, excessive pricing itself is not anti-competitive unless other cost-and non-cost-related factors are present that turn excessive pricing a concern of competition law. The article analyses the most relevant Eu case-law on abusive pricing in the pharmaceutical sector questioning what the right benchmark price is in the light of the United Brands two-limb test. As economic calculations cannot provide universal solutions in these cases, the article suggests that the United Brands test should not be the only method to judge exploitative abuse, but rather a combination of different methods that need to be applied to achieve reliable results. As emphasised in several cases, both economic calculations and other factors should be considered to avoid the risk of false-positive results. furthermore, exploitative abuse exists only in case excessive pricing is additionally unfair. However, judging unfairness, as discussed in this article, is a complicated task where the outcomes depend on the impact of the test results on the competition process.
摘要通常情况下,在专利提供的独家经营期结束后,药品进入公共领域,吸引竞争公司推出非专利生产,从而降低价格水平。出于不同的原因,非专利药品的非专利生产并不总是发生,这使得主要生产商可以继续决定价格水平。在某些情况下,这种行为可能会演变成剥削性虐待。然而,过度定价本身并不反竞争,除非存在其他成本和非成本相关因素,使过度定价成为竞争法关注的问题。本文分析了欧盟关于制药行业滥用定价的最相关判例法,根据联合品牌的双肢测试,质疑什么是正确的基准价格。由于经济计算无法在这些情况下提供通用的解决方案,文章建议,联合品牌测试不应是判断剥削性虐待的唯一方法,而应是需要应用的不同方法的组合,以获得可靠的结果。正如在一些情况下强调的那样,应考虑经济计算和其他因素,以避免假阳性结果的风险。此外,剥削性虐待只存在于过度定价不公平的情况下。然而,正如本文所讨论的,判断不公平是一项复杂的任务,其结果取决于测试结果对竞争过程的影响。
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引用次数: 0
Artificial Intelligence and the GDPR: Inevitable Nemeses? 人工智能和GDPR:不可避免的报应?
IF 0.8 Q2 LAW Pub Date : 2020-12-01 DOI: 10.1515/bjes-2020-0022
Aleksandr Kesa, T. Kerikmäe
Abstract The rapid development of computer technology over the past decades has brought about countless benefits across industries and social benefits as well—constant interpersonal connectivity is facilitated through numerous communication channels and social media outlets, energy-producing enterprises employ complex machinery management systems for increased efficiency, ease of access and safety, hedge funds make use of high-frequency trading algorithms to engage in trades happening at a fraction of a second, while medical professionals use predictive technologies to diagnose diseases and forecast viral outbreaks. Widespread adoption of technology necessitated the creation of regulatory frameworks that would ensure the safeguarding of rights and regulatory and judicial supervision over the exploitation of high technology. one such framework is the Gdpr, created due to the need for a comprehensive, contemporary legal regime governing the processing of personal data in a time when such data has become a commodity that is traded and sold in return for services or financial gain. However, in the authors’ view, the Gdpr suffers in terms of efficacy in the context of artificial intelligence-based technologies, and full compliance of data controllers and processors employing such technologies is unlikely to be achieved, particularly in regards to the right to information, the general principle of transparency and the right to erasure. The article provides an overview of these issues, including a discussion on the movement towards a regime of data ownership, and proposes legislative amendments as an effective method of mitigating these drawbacks.
摘要过去几十年来,计算机技术的快速发展为各个行业带来了无数的好处,也带来了社会效益——通过无数的沟通渠道和社交媒体渠道促进了持续的人际联系,能源生产企业采用复杂的机械管理系统来提高效率,易用性和安全性,对冲基金利用高频交易算法在几分之一秒内进行交易,而医疗专业人员则使用预测技术来诊断疾病和预测病毒爆发。技术的广泛采用需要建立监管框架,以确保对高科技开发的权利保障以及监管和司法监督。Gdpr就是这样一个框架,它的创建是因为需要一个全面的、现代的法律制度来管理个人数据的处理,而此时这些数据已经成为一种商品,以换取服务或经济利益。然而,在作者看来,在基于人工智能的技术背景下,Gdpr的效力受到影响,使用此类技术的数据控制器和处理器不太可能完全遵守,特别是在信息权、透明度的一般原则和删除权方面。这篇文章概述了这些问题,包括对建立数据所有权制度的讨论,并提出了立法修正案,作为减轻这些缺陷的有效方法。
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引用次数: 10
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TalTech Journal of European Studies
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