Laws | October 2024 - Browse Articles

20 pages, 333 KiB

Open AccessArticle

Adapting the Competition Policy for the Digital Age: Assessing the EU’s Approach

by Gentjan Skara, Oriona Muçollari and Bojana Hajdini

Laws 2024, 13(5), 64; https://doi.org/10.3390/laws13050064 - 27 Sep 2024

Cited by 1 | Viewed by 2104

Nowadays, the use of digital services is indispensable to the daily activity of businesses or end users. Digital services and online platforms contribute to the internal market by opening new business opportunities, increasing industry competitiveness, and widening consumer choice. While digital services have [...] Read more.

Nowadays, the use of digital services is indispensable to the daily activity of businesses or end users. Digital services and online platforms contribute to the internal market by opening new business opportunities, increasing industry competitiveness, and widening consumer choice. While digital services have contributed to boosting innovation and developing new business models, a few online platforms act as gatekeepers by controlling a large digital market, likely leading to unfair practices and conditions for business users and end users. Against this background, this paper discusses the rationale and the necessity for regulating digital technology development in the digital market. It analyses the EU’s approach to adapting competition policy for the digital age. This paper argues that the Digital Markets Act will undoubtedly impact business models in the digital market and regulatory framework at the national level. However, its fundamental success will depend on whether the Commission has the appropriate tools to address the development of new technologies. Full article

23 pages, 2689 KiB

Open AccessArticle

Human Rights at the Climate Crossroads: Analysis of the Interconnection between Human Rights, Right to Climate, and Intensification of Extreme Climate Events

by Eliana Díaz-Cruces, María Méndez Rocasolano and Camilo Zamora-Ledezma

Laws 2024, 13(5), 63; https://doi.org/10.3390/laws13050063 - 19 Sep 2024

Cited by 2 | Viewed by 2061

Abstract

This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric [...] Read more.

This paper analyzes the theoretical foundation and practical implications of recognizing the right to a stable climate as a fundamental human right. Further, it examines the intersection of human rights, right to climate, and the intensification of extreme climate events. Through a bibliometric analysis, the study highlights the increase in scholarly attention paid to this nexus. The intensification of extreme climate events, such as the Cumbre Vieja volcano in Spain, is also analyzed as a catalyst for recognizing the right to climate as a human right, as a fundamental requirement for its enactment. Indeed, it is argued that this recognition is necessary to achieve climate justice. These thoughts about the necessity of recognizing the right to climate as a human right are also based on a similar case, the enactment of the rights to water and sanitation, which is presented as a case study, demonstrating how specific environmental rights can be integrated into human rights discourse. The results and discussion section synthesizes these findings, highlighting the imperative of recognizing climate rights to ensure justice and sustainability amidst escalating climate challenges. Full article

(This article belongs to the Section Human Rights Issues)

► Show Figures

Figure 1

16 pages, 258 KiB

Open AccessArticle

Social Farming in EU from Legal to Sociological Perspective: Developing European Solution

by Georg Miribung

Laws 2024, 13(5), 62; https://doi.org/10.3390/laws13050062 - 18 Sep 2024

Viewed by 1129

Abstract

Social farming is a much-studied concept in the European Union, but debates continue on the issues of standardised content and terminology. Therefore, this study involved an empirical analysis of various social farming concepts, outlining a way in which relevant rules can be designed [...] Read more.

Social farming is a much-studied concept in the European Union, but debates continue on the issues of standardised content and terminology. Therefore, this study involved an empirical analysis of various social farming concepts, outlining a way in which relevant rules can be designed at the European level. Various models of social farming were empirically analysed, with a focus on the (a) aim of the organisation, (b) actors within and outside the organisation, and (c) communication and decision-making structures. This study demonstrates that a European-level legal act should be adopted to achieve standardisation; however, full harmonisation is not desirable, at least not at present. It will be necessary to oblige Member States to catalogue specific activities to be covered by the term social farming in a given legal system. The pivotal point here is the multifunctional idea of agriculture, which ultimately means that social agriculture will have to support traditional agricultural activities, an approach that could be used to promote social farming systematically. The main feature of this proposal is the implementation of an open, subsidiary approach to do justice to the versatility of social farming. Full article

20 pages, 1918 KiB

Open AccessArticle

Transformative Impact of the EU AI Act on Maritime Autonomous Surface Ships

by Young-Gyu Lee, Chang-Hee Lee, Young-Hun Jeon and Jae-Hwan Bae

Laws 2024, 13(5), 61; https://doi.org/10.3390/laws13050061 - 16 Sep 2024

Cited by 2 | Viewed by 3367

Abstract

The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code. [...] Read more.

The International Maritime Organization collaborates with member states to develop the Maritime Autonomous Surface Ships (MASS) Code to establish an international agreement framework. In December 2023, an agreement was reached on the European Union (EU) Artificial Intelligence (AI) Act within the MASS Code. It was officially finalized and implemented on 1 August 2024. While the Act’s full application is set for two years later, certain provisions regarding safety against AI risks will take effect sooner. This study utilized a multiple-streams analysis method to examine how the EU AI Act impacted shipyards and shipping companies, focusing on ethical AI use and user safety. The findings indicate that technical completeness, safety enhancement, and AI system regulation through risk classification influence autonomous ship innovation. The challenges of reviewing the commercialization of new technologies for autonomous ships may result in market failures or decreased industry competitiveness. The study emphasizes the need to balance AI safety and ethical responsibility with autonomous ship development innovations. To ensure the sustainable application of AI technology, innovators must adapt to the EU AI Directive. Hence, this study confirms that the ethical and legal regulation of AI technology is crucial in technological innovation and development related to autonomous ships. Full article

(This article belongs to the Topic Emerging Technologies, Law and Policies)

► Show Figures

Figure 1

14 pages, 224 KiB

Open AccessArticle

China’s Legal Practices Concerning Challenges of Artificial General Intelligence

by Bing Chen and Jiaying Chen

Laws 2024, 13(5), 60; https://doi.org/10.3390/laws13050060 - 12 Sep 2024

Cited by 2 | Viewed by 3990

Abstract

The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The [...] Read more.

The artificial general intelligence (AGI) industry, represented by ChatGPT, has impacted social order during its development, and also brought various risks and challenges, such as ethical concerns in science and technology, attribution of liability, intellectual property monopolies, data security, and algorithm manipulation. The development of AI is currently facing a crisis of trust. Therefore, the governance of the AGI industry must be prioritized, and the opportunity for the implementation of the Interim Administrative Measures for Generative Artificial Intelligence Services should be taken. It is necessary to enhance the norms for the supervision and management of scientific and technological ethics within the framework of the rule of law. Additionally, it is also essential to continuously improve the regulatory system for liability, balance the dual values of fair competition and innovation encouragement, and strengthen data-security protection systems in the field of AI. All of these will enable coordinated governance across multiple domains, stakeholders, systems, and tools. Full article

19 pages, 2096 KiB

Open AccessArticle

Linking a Digital Asset to an NFT—Technical and Legal Analysis

by William Fernando Martínez Luna, Ana María Moreno Ballesteros and Edgar José Ruiz Dorantes

Laws 2024, 13(5), 59; https://doi.org/10.3390/laws13050059 - 11 Sep 2024

Cited by 2 | Viewed by 1859

Abstract

NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked [...] Read more.

NFTs (non-fungible tokens) enable the commercialization of goods and services through blockchain technology, enhancing the security, transparency, and speed of transactions. The primary challenge NFTs face is their connection to the underlying asset, ensuring that transferring the token also means transferring the linked asset. This interdisciplinary article examines the technical and legal challenges of creating and linking a digital asset to an NFT. To explain the binding process, an NFT associated with a digital artwork was created, and relevant internal and uniform legal regulations were analyzed. Full article

► Show Figures

Figure 1

22 pages, 1854 KiB

Open AccessArticle

Green Belt Legislation Regulation: Comparative Legal Research

by Natalia Lisina, Aleksandra Ushakova and Svetlana Ivanova

Laws 2024, 13(5), 58; https://doi.org/10.3390/laws13050058 - 9 Sep 2024

Viewed by 1603

Abstract

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of [...] Read more.

Recently, legislative acts on the protection of the green belt have been increasingly adopted in various states. Using the legislation examples of the United Kingdom, the Canadian province of Ontario, and Russia, we have identified public relations that can be the subject of regulation of such legislation. Based on the analysis of typical legal conflicts, the problem areas which need the most attention of the legislator have been identified. The methods of differentiation of the legal regime for various areas within the green belt are investigated, taking into account their geographical features and specific management goals. The most promising areas for legal regulation that require the increased attention of legislators speak to the establishment of the procedures and criteria for excluding land plots from the green belt, the regulation of village development processes within the green belt, the establishment of a comprehensive list of agricultural types of permitted use, and the establishment of the procedure for the development of specialized plans or strategies for the use and protection of the green belt. The article offers solutions to these issues. The methodology of comparative law, including the functional method, was used in the study. Full article

(This article belongs to the Topic Energy Policy, Regulation and Sustainable Development)

► Show Figures