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Generative artificial intelligence (GenAI) has gained significant popularity in recent years. It is being integrated into a variety of sectors for its abilities in content creation, design, research, and many other functionalities. The capacity of GenAI to create new content—ranging from realistic images and videos to text and even computer code—has caught the attention of both the industry and the general public. The rise of publicly available platforms that offer these services has also made GenAI systems widely accessible, contributing to their mainstream appeal and dissemination. This article delves into the transformative potential and inherent challenges of incorporating GenAI into the domain of judicial decision-making. The article provides a critical examination of the legal and ethical implications that arise when GenAI is used in judicial rulings and their underlying rationale. While the adoption of this technology holds the promise of increased efficiency in the courtroom and expanded access to justice, it also introduces concerns regarding bias, interpretability, and accountability, thereby potentially undermining judicial discretion, the rule of law, and the safeguarding of rights. Around the world, judiciaries in different jurisdictions are taking different approaches to the use of GenAI in the courtroom. Through case studies of GenAI use by judges in jurisdictions including Colombia, Mexico, Peru, and India, this article maps out the challenges presented by integrating the technology in judicial determinations, and the risks of embracing it without proper guidelines for mitigating potential harms. Finally, this article develops a framework that promotes a more responsible and equitable use of GenAI in the judiciary, ensuring that the technology serves as a tool to protect rights, reduce risks, and ultimately, augment judicial reasoning and access to justice.
Chapter 12 discusses accountability in regulation. Accountability is part of a family of concepts that relate to the exercise of power and its abuses. It construes the relationship between regulators and regulatees according to principal-agent theory and explains how accountability can be an important mechanism for requiring answerability, ensuring that agents (regulators) do not drift from the interests of regulatees. The chapter explains that accountability consists of four elements: (i) a duty to explain; (ii) exposure to scrutiny; (iii) a potential ‘sanction’ or a consequence of some kind; and (iv) the possibility of being subject to independent review.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
For most of the 20th century and earlier, central banks went about their business without ever feeling the need to communicate what they were doing to the financial markets or the general public. Then from around 1990 onwards, central banks became ever more transparent, trying to make clear to the markets and the public what they were doing and why. The purpose of this chapter is to understand why this change came about and how successful it has been.
Access challenges for China researchers have increased, including for online research. This paper focuses on one subset of such challenges: policy documents. As no studies have to date analysed variation in data availability over time, researchers studying official documents risk conflating variation in transparency with actual policy change. This paper analyses missingness and finds that publication of policy documents under China's “open government information” initiative increased until the mid-late 2010s but then began to decrease. A key determinant of policy transparency is whether a document is related to citizens’ daily lives, as opposed to national security. Furthermore, nearly 20 per cent of policy documents become unavailable two years after their publication. The paper concludes with a discussion on how to mitigate these challenges.
Research on social robots in dementia care has focused on their effects, for example in relation to the patients’ wellbeing or the care-givers’ working environment. Such approaches to social robots treat them as stable objects with a singular function. Combining social gerontology with social studies of science, the current study offers a new angle by asking: How do patients and care-givers in care homes for older people establish a shared definition of the situation in interactions involving robot animals? Drawing on ethnography and multimodal conversation analysis of 211 minutes of video recordings in two care homes in Sweden, we demonstrate the embodied work by which participants in interactions establish activities with robot animals. In contrast to the ideal of transparency in social robotics, we show that a central affordance of the robots is their vagueness, which allows for their inclusion in playful interactions. Playful framings of the robots highlight their social functions and downplay care-giver–patient asymmetries. However, situations where patients resist a playful frame actualise a dilemma of social inclusion, on the one hand, and the right to not participate in play, on the other. Showing this, the article contributes to knowledge on how people age with technology; in particular, it draws attention to the limits of an ideal of transparency when social robots are included in dementia care.
This chapter examines the impact of insider regulation on the board-shareholder dialogue. It offers a comparative analysis, revealing that EU and UK laws are more restrictive than those in the US. Drawing from this analysis, the paper raises the question of whether the EU should introduce a safe harbour rule to facilitate shareholder engagement through private disclosure of inside information. While shareholder engagement is considered beneficial for corporate governance and long-term firm value, the paper questions the necessity of selectively disclosing inside information to investors. It argues that mandating greater transparency in the board-shareholder dialogue is preferable, ensuring all shareholders have equal access to information. The feasibility and practicality of a safe harbour rule are doubted due to associated costs and challenges. In conclusion, the chapter rejects proposals to enact such rules, citing limited benefits and substantial costs.
Despite the benefits of the convergence of AI in ecommerce, it is necessary to address some concerns. The presence of AI-powered platforms raises significant challenges to consumer autonomy. This chapter discusses the overlap and interplay among three main legal regimes – EU AI Act Proposal, Digital Services Act (DSA), and EU Consumer Law.These laws will need to be amended with new articles to adequately address AI-specific concerns
Disseminating data is a core mission of international organizations. The Bretton Woods Institutions (BWIs), in particular, have become a main data source for research and policy-making. Due to their extensive lending activities, the BWIs often find themselves in a position to assist and pressure governments to increase the amount of economic data that they provide. In this study, we explore the association between loans from the BWIs and an index of economic transparency derived from the data-reporting practices of governments to the World Bank. Using a matching method for causal inference with panel data complemented by a multilevel regression analysis, we examine, separately, loan commitments and disbursements from the IMF and the World Bank. The multilevel regression analysis finds a significant association between BWI loans and the improvement of economic transparency in all developing countries; the matching method identifies a causal effect in democracies.
This chapter discusses the impact of particular policies at the global level. It turns out that coordination and common standards can make a big difference. First, it is shown that the global traceability of minerals can cut rebel funding significantly. Next, the role of monitoring multinationals is highlighted. Notably, recent studies have pinpointed the importance of corporate social responsibility of mining firms, revealing that the best-run mineral extractors may have a beneficial impact on the local population, while poorly run firms yield disastrous outcomes. Further, given that wars tend to trigger a series of vicious cycles, there is a powerful case for facilitating refugee admission. It is discussed how a well-coordinated refugee policy can reduce violence perpetuation over future generations. Next, we investigate what role international trade can play for fostering peace and what harmful effects arms trade can entail. It is shown how arms-producing countries can – without bearing large economic costs – reduce the ability of bad regimes to attack their civilians. Finally, the importance of a rule-based international order and a well-managed green transition is highlighted.
Proactive transparency in the form of electronic provision of documents is required by law in the EU. It has long been acknowledged in law and technology studies that digital technology can have legal consequences when implemented to perform a legal function. Consequently, the technological design of document registers has the ability to limit as well as enhance access to documents. When technology can have such regulatory powers, incorporating it into a legal function requires closer attention as to how or why it is so. This article will provide a close analysis of the European Commission’s main Register of Documents (RegDoc) to study the implications of technological design for access to documents. Transparency is approached through a procedural view, highlighting its mechanisms. The article uses a HCI based walkthrough method for the case-study artefact critique of the RegDoc. The main findings suggest that there are two specific affordances of the RegDoc that limit access, especially for users who do not have pre-existing knowledge of the documents they are searching for. These affordances are, first, the scope of the dataset and, second, searchability. Overall, designing technology for legally relevant functions should take into account the wider legal framework that the technology aims to cater for. Attention should be paid to the affordances that can make a legal difference in a technology created to perform a legally relevant task.
Young children often lack words for what they want to talk about. To fill the gaps in their lexicon, they coin new words. They rely on compounding and derivation to do this. This means identifying and analyzing parts of words – roots or stems, and affixes – and learning their meanings, as well as which combinations are possible. Some languages favor compounding and some derivation in word formation. Children are sensitive to which options are the most productive and adopt those first. Two-year-olds offer analyses of word meanings, as in running-stick (I run with it) or high-chair (it is high), and provide analyses of novel compounds where they take account of language structure (head noun first in Hebrew, second in English). They also analyze derived forms with agentive endings. They start to produce novel words from as young as age two, whether compounds in Germanic languages, or derived forms in Romance and Semitic. They begin with simple forms (minimal or no change to the root), advance to compound or derived word forms that are transparent in meaning, and opt for the most productive options in the adult language, with the goal of finding the right words to convey the child-speaker’s meaning.
The aim of this volume is not to provide or test a single theory of informal global governance but rather to provide a set of analyses that speak to a common set of theoretical, empirical, and methodological questions. More broadly, the aim is to advance the emerging research agenda on informality in world politics. We conclude the volume by highlighting four productive avenues for future research on informality, based on the insights of the empirical chapters.
Chapter 7 is the conclusion and consolidates ideas and findings. This chapter calls for and reflects on the possibility of a more transparent and fair anti-dumping system for all WTO members achieved by promoting procedural justice. It also considers the significance of the findings of the book for international trade law discourse more generally by relating them to contemporary trade issues such as the US–China trade war, Brexit, the WTO crisis and mega free trade agreements.
Chapter 3 focuses on WTO disputes about anti-dumping issues. Anti-dumping or to be more specific, zeroing is the single-most litigated issue under WTO law. Although the Appellate Body has found zeroing method inconsistent with ADA several times, it is still being used with small alterations. Chapter 3 shows that the so-called jewel in the crown is sometimes ineffective. To do so, the role of the DSM in the anti-dumping issue is presented and anti-dumping cases dealing with procedural issues are analysed. The procedural issues mentioned in this chapter are as follows: calculation methods, transparency, public notice/notification, selection of investigated parties (sampling), submission of evidence and rebuttals, access to non-confidential files, hearings, newcomers and enforcement.
Chapter 8 adds to a clarification of the confusion about CBI by discussing the need for transparency and accountability in light of a growing – mainly political science driven – literature on the perceived democratic deficit of technocratic policy solutions. We show that this literature overlooks important aspects of CBI.
Since its inception, the inter-state dispute settlement system of the World Trade Organisation has generally been praised for effectively protecting the rule of law in international trade relations. While the relatively recent dismantling of this system does not necessarily mean the end of the WTO nor of the binding nature of its rules, the current crisis may be a good opportunity to reconsider the role of the rule of law in international trade relations and the ways in which it could further be accommodated. One suggestion, occasionally raised in the past, would be strengthening the enforcement of WTO rules by opening it to private action, either before national courts or through international adjudication. After all, the latter has been widely available to foreign investors covered by thousands of international investment agreements in force for decades. This contribution recalls the reasons behind the current lack of private enforcement of WTO law and argues that developments in international trade relations and experiences with investor-state dispute settlement are likely to work against rather than in favor of its introduction in the foreseeable future. Increased transparency and institutionalisation of non-state actors’ role in trade enforcement is therefore recommended instead.
The key ethical requirements for all AI technologies, including facial recognition technology (FRT), is their transparency and explainability. This chapter first identifies the extent to which transparency and explainability is needed in relation to FRT among different stakeholders. Second, after briefly examining which types of information about AI could be potentially protected as trade secrets, it identifies situations where trade secret protection may inhibit transparent and explainable FRT. It then analyses whether the current trade secret law, in particular the ‘public interest’ exception, is capable of addressing the conflict between the proprietary interests of trade secret owners and artificial intelligence transparency needs of certain stake holders. This chapter focusses on FRT in law enforcement, with a greater emphasis on real-time biometric identification technologies that are considered the highest risk.
The chapter considers the powers of the central administrative and legislative institutions. The Commission comprises a college of twenty-seven Commissioners appointed for five years. It has four central types of power. It can adopt quasi-legislation. It proposes laws, policies and the budget. It administers EU policies. Finally, it has powers to police the observance of EU law. The Council of Ministers, comprised of national ministers, has the final power of decision over almost all fields of EU law. It votes either by unanimity or by Qualified Majority, where fifteen States representing 65 per cent of the Union population must vote for a measure. The European Council comprises the Heads of Government. Its central role is to provide political direction for the other EU Institutions. The European Parliament comprises 705 directly elected representatives. Depending upon the field, it has the power of veto over legislation, has to assent to it or must be consulted over it. The Parliament also has significant powers to hold the other EU Institutions to account. This chapter concludes by examining the circumstances when individuals can seek disclosure of documents from the EU Institutions.