Artificial Intelligence in International Arbitration

2020 ◽  
pp. 590-616
Author(s):  
Myriam Gicquello
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Rule Of Law ◽  
Human Beings ◽  
International Arbitration ◽  
Naturalistic Decision Making ◽  
The Rule Of Law ◽  
Behavioural Analysis ◽  
International Adjudication ◽  
Definition Of

This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only reinstate confidence in the arbitral system—from the perspective of the parties and the general public—and participate in the development of the rule of law, but also engage with broader systemic considerations in enhancing its legitimacy, fairness, and efficiency. Yet, before addressing the why, what, and how of this proposition, a definition of artificial intelligence is warranted. It should be noted at the outset that this concept has a variety of meanings. Despite the lack of consensus on its meaning, the chapter will thus treat artificial intelligence as encompassing both semi-autonomous and autonomous computer systems dedicated to assisting or replacing human beings in decision-making tasks. It presents the conclusions of two extensive research programs respectively dealing with the performance of statistical models and naturalistic decision-making. From that behavioural analysis, the introduction of artificial intelligence in international arbitration be discussed against the general considerations of international adjudication and the specific goals pertaining to international arbitration.

Quality of Government: Toward a More Complex Definition

2013 ◽  
Vol 107 (3) ◽  
pp. 433-445 ◽  
Author(s):  
MARCUS AGNAFORS
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Good Governance ◽  
Good Decision ◽  
The Rule Of Law ◽  
Moral Content ◽  
Adequate Definition ◽  
Quality Of Governance ◽  
Definition Of

Concepts such as “quality of government” and “good governance” refer to a desired character of the exercise of public authority. Recently the interest in good governance, the quality of government, and similar concepts has increased considerably. However, despite this increasing interest and use, an adequate definition of the concept of quality of government has proved difficult to find. This article criticizes recent attempts at such a definition and proposes an alternative, more complex definition that includes moral content and also encompasses a plurality of values and virtues at its core. An acceptable definition of the quality of governance must be consistent with the demands of a public ethos, the virtues of good decision making and reason giving, the rule of law, efficiency, stability, and a principle of beneficence. The article describes these components in detail and the relations among them.

“Fair Notice” in the Age of AI

2020 ◽  
pp. 753-768
Author(s):  
Kiel Brennan-Marquez
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Tripartite Model ◽  
Input Output ◽  
The Rule Of Law ◽  
Key Concepts

This chapter examines the concept of “fair notice,” both in the abstract and as it operates in U.S. constitutional doctrine. Fair notice is paramount to the rule of law. The maxim has ancient roots: people ought to know, in advance, what the law demands of them. As such, fair notice will be among the key concepts for regulating the scope and role of artificial intelligence (AI) in the legal system. AI—like its junior sibling, machine learning—unleashes a historically novel possibility: decision-making tools that are at once powerfully accurate and inscrutable to their human stewards and subjects. To determine when the use of AI-based (or AI-assisted) decision-making tools are consistent with the requirements of fair notice, a sharper account of the principle’s contours is needed. The chapter then develops a tripartite model of fair notice, inspired by the problems and opportunities of AI. It argues that lack of fair notice is used interchangeably to describe three distinct properties: notice of inputs, notice of outputs, and notice of input-output functionality. Disentangling these forms of notice, and deciding which matter in which contexts, will be crucial to the proper governance of AI.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

scholarly journals A post-colonial legal approach to the Chagos case and the (dis)application of land rights norms

2018 ◽  
Vol 15 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Kinnari Bhatt
Keyword(s):  
Rule Of Law ◽  
Land Rights ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Substantive Equality ◽  
Definition Of

AbstractOne way of understanding the exile of the Chagos Islanders and their inability to return to their ancestral land is through a reading of the case from a perspective of post-colonial legal scholarship. Chagossians have strong legal rights to land and remedies of compensation and return through a purposive application of the international legal definition of Indigenous, Magna Carta right to abode and international human rights law that could address their dispossession. Yet, the inability of those rights to be meaningfully applied has been constrained because of the post-colonial way they are legally interpreted, creating a legal vacuum in which basic fairness and substantive equality have been routinely compromised. Drawing attention to the continued legal denial of return in the context of decolonisation, ongoing colonialism and the rule of law makes sense of the legal record and explains the expulsion of the islanders despite the moral merits of return.

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals Negotiating Love and Faith: Interfaith Marriage in Manado, Indonesia

2021 ◽  
Vol 6 (1) ◽  
pp. 67-76
Author(s):  
Rosdalina Bukido ◽  
Edi Gunawan ◽  
Djamila Usup ◽  
Hayat Hayat
Keyword(s):  
Rule Of Law ◽  
Marital Relationship ◽  
Qualitative Approach ◽  
Human Beings ◽  
Registration System ◽  
Interfaith Marriage ◽  
The Rule Of Law ◽  
Good Communication ◽  
The Family ◽  
Interfaith Marriages

Interfaith marriages in people's lives have been practised in many areas in Indonesia, even if it's not legally registered. The rule of law in Indonesia does not accommodate interfaith marriages. When interfaith marriage happens, the registration system should follow marriage registration either at the KUA (office of religious affairs) for Muslims or in the Civil Registry office for other religions. This study aims to analyse the practice of interreligious marriage in Manado and how they maintain a good marital relationship between the spouse of different religions. This research employs a qualitative approach by collecting data through interviews with 30 informants who practice interfaith marriages in Manado. The results of this research found that many people in Manado consider interfaith marriage as permissible. They argue that religion is a relationship between humans and God, while marriage is related to human beings. The family of different religions based their relationship on the principle of "Torang Samua Basudara" (we are bound through kinship). Based on this principle, the family avoids using religious symbols in their communication that can cause tension and disrupt harmony among family members. The principle of torang samua basudara is the basis for establishing good communication in the family.

An artificial-intelligence-based method for assessing service quality: insights from the prosthodontics sector

2020 ◽  
Vol 31 (2) ◽  
pp. 291-312 ◽  
Author(s):  
Sara M. Martins ◽  
Fernando A.F. Ferreira ◽  
João J. M. Ferreira ◽  
Carla S.E. Marques
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Service Quality ◽  
Cognitive Mapping ◽  
Evaluation Model ◽  
Vice President ◽  
Dental Prosthesis ◽  
Content Type ◽  
Technological Advances ◽  
Definition Of

PurposeThe prosthodontics sector is facing major challenges because of scientific and technological advances that imply a clearer definition of lines of action and decision making processes. Measuring quality of service in this sector is a complex decision problem since the perceptions of three main players need to be considered: patients, dentists and dental technicians. This study sought to develop an artificial-intelligence-based (AI-based) method for assessing service quality in the dental prosthesis sector.Design/methodology/approachUsing strategic options development and analysis (SODA), which is grounded on cognitive mapping, and the measuring attractiveness by a categorical based evaluation technique (MACBETH), a constructivist decision support system was designed to facilitate the assessment of service quality in the dental prosthesis sector. The system was tested, and the results were validated both by the members of an expert panel and by the vice-president of the Portuguese association of dental prosthesis technicians.FindingsThe methodological process developed in this study is extremely versatile and its practical application facilitated the development of an empirically robust evaluation model in this study context. Specifically, the profile analyses carried out in actual clinics allowed the cases in which improvements are needed to be identified.Originality/valueAlthough already applied in the fields of AI and decision making, no prior work reporting the use of SODA and MACBETH for assessing service quality in the prosthodontics sector has been found.

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