We stand on the edge of a new technological revolution. The era of digital communication is slowly becoming a thing of the past. Now, we are entering the era of Artificial Intelligence (AI) – robots that able to communicate with humans, learn independently and work outside the algorithms. This is not science fiction. In 2017...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Artificial Intelligence: Challenging the Law
Contemporary legal systems are insufficiently equipped to cope with potential issues arising from developments in AI. Systems using AI are becoming more autonomous in a sense of complexity of tasks they perform, their potential influence on the world and decreasing ability of humans to understand, predict or control their functioning. The functioning of autonomous agents,...
Between Human Trafficking and Illegal Migrants: In Search of an Effective Legal Protection for Fishermen Recruited Overseas Aboard Taiwanese Fishing Fleets
Concepts of human trafficking and contemporary forms of slavery are storming the notorious island of distant-water fisheries. Some foreign fishermen recruited overseas aboard Taiwanese fishing fleets have been reported as victims of exploitations. While a fiercer criminalization against the employers and human resources agencies is indeed necessary, there are nevertheless a considerable number of cases...
Beyond Juristocracy and Legislative Authoritarianism: On the criteria governing the legitimate institutionalization of the relationship between courts and legislatures
The idea of Socratic contestation provides not only a basic account of the point of judicial review but also guides its appropriate institutionalization. The distinction between “strong“ and “weak“ judicial review is undercomplex. Instead a wider range of variables needs to be considered. This piece discusses what these variables are, how they matter and what...
Building the Fourth Pillar: Towards a Socially Secure Europe
The European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights twenty years after the last Social Summit and the inclusion of social rights in the Treaty of Amsterdam. Ten years of financial turmoil have cut the implementation of social policies in the Member States. Taking into account the European Institutions’...
Can Constitutional rights be Justiciable in China?
It is well known that the Constitution of China is not justiciable. In practical terms, the Constitution of China has effect only after its provisions are further enacted into ordinary legislation. The Court protects constitutional rights generally through two methods: (a.) the application of specific legislation interpreted in line with the constitution; (b.) the application...
Can International Human Rights Law Survive the Rise of Artificial Intelligence
What is the impact of the rise of artificial intelligence on the fabric of international human rights law? The paper examines possible answers to this question through the lens of the major challenges and critiques posed against human rights, namely (1) its failure to address issues of inequality and the related issue of privileging of...
Change of the Mandatary Retirement Age Based on the Constitutional Equal Protection
Different standards for the elderly from the other ages are adopted for the termination of employment contract in Korean workplaces. Labor laws stipulate a mandatory retirement age to protect employees. However, many employees are laid off in spite of legal regulations. External factors should be considered for deciding the existence of age discrimination at work....
Chief Justices and Autocratic Consolidation: The Venezuelan Supreme Court under Nicolás Maduro‘s Rule
This article discusses the role of high courts in a consolidating autocracy. The use of high courts to entrench authoritarian rule depends on a series of non-exclusive conditions related to the court system, regime features and political context. A supportive judiciary can help the government compile information on a range of actors and provide a...
Citizenship by investment naturalization and the globalization of Citizenship Law
This article introduces citizenship by investment as global citizenship. This refers to the direct sale of membership entitlements and immediate naturalization, creating formal legal and fragmented market citizenship. Factors in the globalization of citizenship law include a presupposition of plural (dual and multiple) citizenship, missing physical residence, reference to a supranational individual fundamental rights sphere,...