The Journal of Law and Information Science最新文献

{"title":"Guns, Ships, and Chauffeurs: The Civilian Use of UV Technology and its Impact on Legal Systems","authors":"U. Pagallo","doi":"10.5778/JLIS.2011.21.PAGALLO.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.PAGALLO.1","url":null,"abstract":"This article focuses on the civilian use of unmanned vehicle (UV) technology and its impact on legal systems. By distinguishing a panoply of UV applications such as unmanned aerial vehicles for policing and border security, unmanned water-surface and underwater vehicles for remote exploration works and repair, down to unmanned ground vehicles for urban transport, the aim is to pinpoint new legal cases affecting international humanitarian law, contractual obligations, strict-liability rules, etc. Special attention is paid to new models of limited responsibility and insurance for distributing risk in extra-contractual relations and in connection with tortious claims. All in all, we should strike a fair balance between people's claim not to be ruined by the civilian use (rather than, say, the production and design) of UV technology, and the interest of UV counter-parties to safely interact with a new generation of autonomous 'guns,' 'smart ships,' and AI 'chauffeurs.'","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"224 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122812042","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}

{"title":"Unmanned Naval Vehicles at Sea: USVs, UUVs, and the Adequacy of the Law","authors":"R. McLaughlin","doi":"10.5778/JLIS.2011.21.MCLAUGHLIN.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.MCLAUGHLIN.1","url":null,"abstract":"There can be no doubt that law exercises many forms of limitation and regulation over the planning and conduct of maritime operations. But it is equally important to recognise that law is also an important weapon in the conduct of maritime operations. This is perhaps most eloquently evidenced in the juxtaposition of two highly influential treatises on the factors affecting the conduct of operations at sea. Alfred Thayer Mahan's classic The Influence of Sea Power upon History (1890)1 is generally considered to be the naval equivalent of von Clausewitz's On War - one of the foundational texts of the discipline, and consequently the subject significant reference, critique and exegesis. The other side of this coin is D P O'Connell's iconic 1975 study The Influence of Law on Sea Power - an overt genuflection to Mahan's classic on maritime strategy. Both scholars - O'Connell as a celebrated scholar of international law who was a Reserve Officer in the RAN, and then the RN; Mahan as an active service US Naval Officer who was also an internationally recognised strategic theorist - were sensitive to the impacts of law upon the projection and use of seapower. O'Connell, for example, describes the role of the Law of the Sea (LOS) and the Law of Naval Warfare (LoNW) in securing the delay imposed upon the German pocket battleship Graf Spee in Montevideo after the battle of the River Plate on 13 December 1939. Clever use of the legal opportunities inherent in the situation allowed for a deception operation and mustering of forces such that Graf Spee was scuttled by her own Ship's Company on 17 December 1939, rather than steamed out to what they thought would be certain destruction at the hands of a (they had been lead to believe) now much stronger British force laying in wait. This was a battle, O'Connell observed, where 'the points of law arising in the situation were weapons in the overall armoury, to be used adroitly in combination with naval force to bring the event to the desired end'. Mahan, as a member of the US delegation to the Hague Peace Conference in 1899, was a decisive influence in the US decision to cast the only negative vote on the proposal to prohibit use at sea of projectiles designed to spread asphyxiating or deleterious gases, which would - in his view - have limited, for no justifiable reason or outcome, the US Navy's ability to threaten, fight and win at sea.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128027428","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}

{"title":"Unmanned Vehicles – Subordination to Criminal Law under the Modern Concept of Criminal Liability","authors":"Gabriel Hallevy","doi":"10.5778/JLIS.2011.21.HALLEVY.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.HALLEVY.1","url":null,"abstract":"This commentary is restricted to the question of criminal liability of the autonomous unmanned vehicle. Autonomous unmanned vehicles are based on artificial intelligence technology, and they function as artificial intelligence entities. If the use of these entities may result in tortious conduct,1 then their use may also be capable of resulting in criminal offenses. The ultimate legal question is, therefore, who is to be held responsible for offenses committed by unmanned vehicles based on artificial intelligence technology (hereinafter 'AIUV'). Modern concepts of criminal liability suggest that criminal liability models are relevant to artificial intelligence entities.3 This commentary argues that these criminal liability models are relevant and available to AIUV.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131182208","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}

{"title":"The (common) law of man over (civilian) vehicles unmanned","authors":"J. Davis","doi":"10.5778/JLIS.2011.21.DAVIS.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.DAVIS.1","url":null,"abstract":"My commentary is restricted to two issues raised in the precis article: (a) what response might the law make to autonomous or semi-autonomous unmanned ground vehicles (UGVs) on public roads; and (b) whether the use of unmanned vehicles, and especially the use of unmanned aerial vehicles (UAVs), will require the laws protecting privacy to be reviewed. A further limit on my commentary is that I can speak with any confidence only on the current law in Australia and New Zealand. I comment on the possible effect of the advent of unmanned vehicles on the law in England, Canada and the United States, but beyond those countries, I regret that my knowledge is insufficient to make any meaningful commentary.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122167266","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}

{"title":"E-conveyancing in Australia: An important step along the journey to E-government","authors":"E. Clark","doi":"10.5778/JLIS.2011.21.CLARK.1","DOIUrl":"https://doi.org/10.5778/JLIS.2011.21.CLARK.1","url":null,"abstract":"This article has two broad objectives. First, it reports on progress towards achieving the Australian National Electronic Conveyancing System (NECS). Secondly, the article analyses the significance of the NECS in the general context of e-Government. The NECS project was established by Australian state and territory governments in 2005 and significant progress has been made over the past five years. When the NECS is completed, conveyancers, legal practitioners, financial institutions, mortgage processors and other players involved in conveyancing will be able to access the NECS online with an electronic workspace provided for each property transaction. The system will allow users to provide, secure, certify and sign documentation. Digital Signature Certificates (DSCs) will ensure authentication and prevent repudiation and various risk mitigation and fraud prevention measures will be taken. Financial settlement will occur through the Reserve Bank's Information and Transfer System (RITS) and the State and Territory Revenue Offices will receive duty and tax payments electronically. Consumers will be able to track the progress of their transaction via limited Internet access to the NECS. Financial institutions will be able to integrate their services and mortgage documentation systems with the NEC system. Collectively, the NECS is an excellent example of the substantive and procedural challenges involved in making e-government a reality.","PeriodicalId":261984,"journal":{"name":"The Journal of Law and Information Science","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122231276","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}