Abstract The implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.
{"title":"Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”","authors":"A. Simoni","doi":"10.1515/gj-2020-0023","DOIUrl":"https://doi.org/10.1515/gj-2020-0023","url":null,"abstract":"Abstract The implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48296120","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}
Abstract Delivery high-quality services to people in a wide range of social fields and improve the most living standards are considered the main objectives for any government. Many countries, including the UK, felt the need for managerial reforms in the public sector after the global economic crisis, and several steps were taken to introduce new managerial public administration including the private sector involvement which was the only practical solution to encourage national economic growth. However, it was witnessed that the UK government could not successfully complete some of its projects carried out with private sectors, resulting in the waste of financial resources and effect negatively on the quality services delivered to people. This paper therefore aims to highlight the pros/cons of UK government contracts in order to propose various suggestions for the promotion of public private partnership (PPP), and for effective management of these contracts that will prevent the wasting of public money.
{"title":"Contracting Out Public Services to the Private Sector in the UK: Issues and Considerations","authors":"Dr.Farouq Al-Shibli","doi":"10.1515/gj-2020-0007","DOIUrl":"https://doi.org/10.1515/gj-2020-0007","url":null,"abstract":"Abstract Delivery high-quality services to people in a wide range of social fields and improve the most living standards are considered the main objectives for any government. Many countries, including the UK, felt the need for managerial reforms in the public sector after the global economic crisis, and several steps were taken to introduce new managerial public administration including the private sector involvement which was the only practical solution to encourage national economic growth. However, it was witnessed that the UK government could not successfully complete some of its projects carried out with private sectors, resulting in the waste of financial resources and effect negatively on the quality services delivered to people. This paper therefore aims to highlight the pros/cons of UK government contracts in order to propose various suggestions for the promotion of public private partnership (PPP), and for effective management of these contracts that will prevent the wasting of public money.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47776224","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}
Abstract Whether it is legally treated as a digital property, a commodity or a security, bitcoin’s identity crisis is mainly caused by its contradictions as a trustless monetary project. The paper argues that bitcoin’s trustlessness is a confusing concept that accounts for its legal and monetary troubles. As explicated by monetary sociologists and economists, money is based on a complex trust architecture. By questioning the interplay between code, trust and law in the monetary realm, the paper aims to enlighten the philosophy of bitcoin’s monetary project, the current trends, and some potential developments for bitcoin and distributed ledger technologies.
{"title":"Bitcoin’s Identity Crisis and the Prospect of Trustless Money","authors":"Alain Zamaria","doi":"10.1515/gj-2020-0008","DOIUrl":"https://doi.org/10.1515/gj-2020-0008","url":null,"abstract":"Abstract Whether it is legally treated as a digital property, a commodity or a security, bitcoin’s identity crisis is mainly caused by its contradictions as a trustless monetary project. The paper argues that bitcoin’s trustlessness is a confusing concept that accounts for its legal and monetary troubles. As explicated by monetary sociologists and economists, money is based on a complex trust architecture. By questioning the interplay between code, trust and law in the monetary realm, the paper aims to enlighten the philosophy of bitcoin’s monetary project, the current trends, and some potential developments for bitcoin and distributed ledger technologies.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47689755","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}
Abstract European Union institutions are currently studying the regulatory intervention needed to face liability problems solicited by the use of autonomous artificial agents, whose unforeseeable actions may result in damage for their users or third parties. This paper intends to analyze some of the solutions proposed, by putting in relation – also from a historical perspective – the possibility of widening producers’ or users’ strict liability for actions by artificial agents even when they are not fully predictable and that of extending the status of legal actor to some of these artificial agents, so as to attribute the damaging fact directly to them.
{"title":"Liability for the Fact of Autonomous Artificial Intelligence Agents. Things, Agencies and Legal Actors","authors":"M. W. Monterossi","doi":"10.1515/gj-2019-0054","DOIUrl":"https://doi.org/10.1515/gj-2019-0054","url":null,"abstract":"Abstract European Union institutions are currently studying the regulatory intervention needed to face liability problems solicited by the use of autonomous artificial agents, whose unforeseeable actions may result in damage for their users or third parties. This paper intends to analyze some of the solutions proposed, by putting in relation – also from a historical perspective – the possibility of widening producers’ or users’ strict liability for actions by artificial agents even when they are not fully predictable and that of extending the status of legal actor to some of these artificial agents, so as to attribute the damaging fact directly to them.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0054","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49586616","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}
Abstract The purpose of this article is to analyse virtual currencies, with specific regard to Bitcoins, in light of a specific human right, the right to privacy. In the first part, this contribution will reflect on the effectiveness of the Fifth European Union Anti-Money Laundering Directive (V AML Directive) in ‘regulating’ the exchange between fiat and virtual currencies for the purpose of anti-money laundering and counter-terrorist financing. In the second part, it will explore whether the General Data Protection Regulation (GDPR) is applicable or not to the virtual currencies network.
{"title":"Virtual Currencies: New Challenges to the Right to Privacy? An Assessment under the V AML Directive and the GDPR","authors":"Sara De Vido","doi":"10.1515/gj-2019-0045","DOIUrl":"https://doi.org/10.1515/gj-2019-0045","url":null,"abstract":"Abstract The purpose of this article is to analyse virtual currencies, with specific regard to Bitcoins, in light of a specific human right, the right to privacy. In the first part, this contribution will reflect on the effectiveness of the Fifth European Union Anti-Money Laundering Directive (V AML Directive) in ‘regulating’ the exchange between fiat and virtual currencies for the purpose of anti-money laundering and counter-terrorist financing. In the second part, it will explore whether the General Data Protection Regulation (GDPR) is applicable or not to the virtual currencies network.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0045","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42113439","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}
Abstract This paper endorses the idea that the right to contest provided for by art. 22, § 3 GDPR, actually is the apex of a progressive set of tools the data subject has at his disposal to cope with automatic decisions and it should work as an architectural principle to create contestable systems. But in order to achieve that important role, it cannot be reduce to the right of human intervention, also provided for by art.22, § 3, nor to a generic opposition to the outcome of the automatic processing. Thus, drawing from a thorough analysis of the relationships among the rights included in art. 22, § 3 GDPR as well as from the juridical proper meaning of “contestatio”, it is concluded that the right to contest has its own proper nature as a hybrid substantial-processual right that is able to give concrete shape to all the other rights indicated in art. 22, § 3, included the much discussed right to explanation.
{"title":"Put Dialectics into the Machine: Protection against Automatic-decision-making through a Deeper Understanding of Contestability by Design","authors":"Claudio Sarra","doi":"10.1515/gj-2020-0003","DOIUrl":"https://doi.org/10.1515/gj-2020-0003","url":null,"abstract":"Abstract This paper endorses the idea that the right to contest provided for by art. 22, § 3 GDPR, actually is the apex of a progressive set of tools the data subject has at his disposal to cope with automatic decisions and it should work as an architectural principle to create contestable systems. But in order to achieve that important role, it cannot be reduce to the right of human intervention, also provided for by art.22, § 3, nor to a generic opposition to the outcome of the automatic processing. Thus, drawing from a thorough analysis of the relationships among the rights included in art. 22, § 3 GDPR as well as from the juridical proper meaning of “contestatio”, it is concluded that the right to contest has its own proper nature as a hybrid substantial-processual right that is able to give concrete shape to all the other rights indicated in art. 22, § 3, included the much discussed right to explanation.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2020-0003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47475714","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}
Abstract The article aims at challenging the narrative that technology is inclusive with respect to states run algorithmic programmes and discusses that states resorting more frequently to technology, in particular to algorithm, are altering the traditional paradigm of the relationship between the state and the individual. Algorithm is indeed progressively twisting the traditional form of state toward a more exclusive, accountable-free and controlling form of state. The dichotomy inclusiveness/exclusiveness is at the centre of the analysis, because the state justifies resorting to algorithm by claiming that it is the suitable tool to address state’s deficiencies and making the state more efficient and effective. Hence, the state is abdicating the exercise of some important functions to the algorithm. The analysis of the most relevant algorithmic programmes implemented by states so far in the judiciary and in the welfare sector proves that the algorithm is perpetuating social bias and discrimination, thus raising significant criticalities in terms of infringements of the rule of law.
{"title":"Is Technology Really Inclusive? Some Suggestions from States Run Algorithmic Programmes","authors":"E. Bertolini","doi":"10.1515/gj-2019-0065","DOIUrl":"https://doi.org/10.1515/gj-2019-0065","url":null,"abstract":"Abstract The article aims at challenging the narrative that technology is inclusive with respect to states run algorithmic programmes and discusses that states resorting more frequently to technology, in particular to algorithm, are altering the traditional paradigm of the relationship between the state and the individual. Algorithm is indeed progressively twisting the traditional form of state toward a more exclusive, accountable-free and controlling form of state. The dichotomy inclusiveness/exclusiveness is at the centre of the analysis, because the state justifies resorting to algorithm by claiming that it is the suitable tool to address state’s deficiencies and making the state more efficient and effective. Hence, the state is abdicating the exercise of some important functions to the algorithm. The analysis of the most relevant algorithmic programmes implemented by states so far in the judiciary and in the welfare sector proves that the algorithm is perpetuating social bias and discrimination, thus raising significant criticalities in terms of infringements of the rule of law.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0065","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43595915","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}
Abstract The market for derivatives is substantially different after the 2007/08 financial crisis. Trust fuels business yet the financial crisis undermined this concept and customers lost faith in financial institutions. The then dichotomy, faced by innovators, was to insist with a system based on trust in financial institutions, or explore others where neither trust nor banks, as intermediaries, were indispensable for the successful and safe completion of financial transactions. The aim of this piece of research is to analyse to what extent innovative technology would change the way the ‘Over The Counter’ (OTC) market operates by providing investors with a trustworthy platform for the efficient assessment of the risk behind certain financial instruments. Consequently, the market may not be caught by surprise when another financial crisis strikes.
{"title":"The Disruptive Effect of Distributed Ledger Technology and Blockchain in the over the Counter Derivatives Market","authors":"A. Paolini","doi":"10.1515/gj-2019-0048","DOIUrl":"https://doi.org/10.1515/gj-2019-0048","url":null,"abstract":"Abstract The market for derivatives is substantially different after the 2007/08 financial crisis. Trust fuels business yet the financial crisis undermined this concept and customers lost faith in financial institutions. The then dichotomy, faced by innovators, was to insist with a system based on trust in financial institutions, or explore others where neither trust nor banks, as intermediaries, were indispensable for the successful and safe completion of financial transactions. The aim of this piece of research is to analyse to what extent innovative technology would change the way the ‘Over The Counter’ (OTC) market operates by providing investors with a trustworthy platform for the efficient assessment of the risk behind certain financial instruments. Consequently, the market may not be caught by surprise when another financial crisis strikes.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0048","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42322603","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}
Summary 1. The changing image and structure of international law – 2. The exercise of public authority through delegation – 3. The question of state immunity in the context of hybridisation between public and private – 4. The content of the activity as a paradigm to guide the extension of state immunity – 5. The issue of limiting the immunity of delegated non state actors – 6. Conclusions
{"title":"The Issue of Immunity of Private Actors Exercising Public Authority and the New Paradigm of International Law","authors":"A. Oddenino, D. Bonetto","doi":"10.1515/gj-2019-0064","DOIUrl":"https://doi.org/10.1515/gj-2019-0064","url":null,"abstract":"Summary 1. The changing image and structure of international law – 2. The exercise of public authority through delegation – 3. The question of state immunity in the context of hybridisation between public and private – 4. The content of the activity as a paradigm to guide the extension of state immunity – 5. The issue of limiting the immunity of delegated non state actors – 6. Conclusions","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0064","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47959894","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}
Abstract Often, when a problem arises, someone immediately declares: “There’s a regulatory gap to plug. What we need is a new rule.” As if everything could be solved with a new regulation. And, when we think of a regulation that can fix things, generally what we have in mind is a verbal – preferably written – regulation. There are two aspects we wish to highlight here. Firstly, behaviour can be regulated not only with verbal norms but also with non-verbal norms. Secondly, behaviour may even be regulated without any specific rule: this article is dedicated to this fascinating regulatory phenomenon.
{"title":"Ruling without Rules: Not Only Nudges. Regulation beyond Normativity","authors":"G. Lorini, Stefano Moroni","doi":"10.1515/gj-2019-0051","DOIUrl":"https://doi.org/10.1515/gj-2019-0051","url":null,"abstract":"Abstract Often, when a problem arises, someone immediately declares: “There’s a regulatory gap to plug. What we need is a new rule.” As if everything could be solved with a new regulation. And, when we think of a regulation that can fix things, generally what we have in mind is a verbal – preferably written – regulation. There are two aspects we wish to highlight here. Firstly, behaviour can be regulated not only with verbal norms but also with non-verbal norms. Secondly, behaviour may even be regulated without any specific rule: this article is dedicated to this fascinating regulatory phenomenon.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/gj-2019-0051","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43504571","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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