Global Jurist最新文献_第2页

The Interpretation Matter in Smart (Legal) Contracts: Possible Answers from a Comparative Perspective 智能（法律）合同中的解释问题：从比较角度看可能的答案

Global Jurist Pub Date : 2023-10-01 DOI: 10.1515/gj-2023-0118

Francesco Petrosino

引用次数: 0

Private Property and the Commons: The Case Study of Water Distribution in Persian Qanats 私有财产与公有财产：波斯坎儿井水分配案例研究

Global Jurist Pub Date : 2023-10-01 DOI: 10.1515/gj-2023-0124

Andrea Pradi

引用次数: 0

Exploring Judicial Interpretation: Comparative Law Methodology and the Hybridisation Paradigm 探索司法解释：比较法方法论与混合范式

Global Jurist Pub Date : 2023-10-01 DOI: 10.1515/gj-2023-0119

Caterina Bergomi

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Methodological Paradigms in Representing African Law: The Stratigraphic Approach and the Notion of Legal Pluralism 表现非洲法律的方法范式：地层学方法与法律多元化概念

Global Jurist Pub Date : 2023-10-01 DOI: 10.1515/gj-2023-0133

Luca Pes

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Private Property and the Commons: The Case Study of Water Distribution in Persian Qanats 私有财产与公有财产：波斯坎儿井水分配案例研究

Global Jurist Pub Date : 2023-10-01 DOI: 10.1515/gj-2023-0125

Sara Hejazi

{"title":"Private Property and the Commons: The Case Study of Water Distribution in Persian Qanats","authors":"Sara Hejazi","doi":"10.1515/gj-2023-0125","DOIUrl":"https://doi.org/10.1515/gj-2023-0125","url":null,"abstract":"Abstract Although the geographical area historically known as “Persia” has never been properly a “fertile land”, water shortage did not represent a problem for the diverse and multiple populations that inhabited the Iranian Plateau throughout millennia. The ancient Persian civilization could flourish thanks to sophisticated water knowledge and water management strategies that allowed it to become the dominating culture of the vast Persian Empire, which by the year 500 BC, extended from the borders of India to the western coasts of Minor Asia and the Caucasus. Even after the fall of the empire, the successive populations could live in arid areas thanks to an ancient system of water provision and management called “Qanat”. Qanats not only provided water from an underneath water spring to desert lands and remote areas of the region; they also reflected a specific “water cultural system” based on sharing and managing water as a common good. The paper will discuss how water shortage in present day Iran is, on the one hand, related to a progressive abandonment of the Qanats system, substituted by the use of modern irrigation systems, the privatization of water and the progressive abandonment of the common. On the other hand, this abandonment is related with dramatic cultural change and weakening of community identity, impacting the sustainability of human life in the Iranian Plateau’s arid areas.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"5 1","pages":"305 - 316"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139330041","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}

引用次数: 0

Frontmatter 头版头条

Global Jurist Pub Date : 2023-07-01 DOI: 10.1515/gj-2023-frontmatter2

引用次数: 0

Peace through Justice, Truth, Reparation and Non-Repetition: Normative and Judicial Developments of the Special Legal Framework of Transitional Justice in Colombia 通过正义、真相、赔偿和不重复实现和平：哥伦比亚过渡时期司法特别法律框架的规范和司法发展

Global Jurist Pub Date : 2023-06-09 DOI: 10.1515/gj-2023-0025

R. Perona, Daniel Eduardo Florez Muñoz, Fernando Luna Salas

引用次数: 0

From Conformity to Sustainability: Understanding the Implications of Digital Content Modifications under Directives 2019/770 and 771 从符合性到可持续性:了解指令2019/770和771下数字内容修改的含义

Global Jurist Pub Date : 2023-05-19 DOI: 10.1515/gj-2023-0005

Rosa Barceló Compte

{"title":"From Conformity to Sustainability: Understanding the Implications of Digital Content Modifications under Directives 2019/770 and 771","authors":"Rosa Barceló Compte","doi":"10.1515/gj-2023-0005","DOIUrl":"https://doi.org/10.1515/gj-2023-0005","url":null,"abstract":"Abstract Directive 2019/770, of 20 May, on certain aspects concerning contracts for the supply of digital content and digital services addresses the possibility for the trader to modify features of the digital content or digital service supplied or made accessible to the consumer over a period of time. Considering the fast-evolving character of digital elements, modifications can be advantageous for the consumer. Such modifications can be divided into two categories: those necessary to maintain the conformity of the digital content or service (the updates referred to in the Directive) and those that are unnecessary or evolutionary, which would deviate from the objective requirements for conformity and which are foreseeable at the time of conclusion of the contract. The modifications that are necessary to keep conformity with the contract are also foreseen in the Sale of Goods Directive (Directive 2019/771), given that the digital content or digital service incorporated in or interconnected with the goods is constantly developing. However, this directive dos not make any provision for unnecessary or evolutionary modifications. The main purpose of this article is to examine the category of non-necessary modifications referred to exclusively in the Directive 2019/770. It also analyses the possibility of modifying the digital element that accompanies the good (in categories of good with digital elements). The analysis is approached from the perspective of unfair commercial practices and the need to address the premature wear and tear of the so-called goods with digital elements.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"0 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46800579","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}

引用次数: 0

Theoretical and Legal Perspectives on Energy-Smart Agri-Food Systems: Sustainability and the Right to Food 能源智能农业食品系统的理论和法律视角：可持续性与食物权

Global Jurist Pub Date : 2023-05-17 DOI: 10.1515/gj-2022-0072

Jorge Freddy Milian Gómez, José Grabiel Luis Cordova

引用次数: 1

Governing Platform Recommender Systems in Europe: Insights from China 欧洲的管理平台推荐系统：来自中国的启示

Global Jurist Pub Date : 2023-04-25 DOI: 10.1515/gj-2023-0013

Urbano Reviglio, G. Santoni

{"title":"Governing Platform Recommender Systems in Europe: Insights from China","authors":"Urbano Reviglio, G. Santoni","doi":"10.1515/gj-2023-0013","DOIUrl":"https://doi.org/10.1515/gj-2023-0013","url":null,"abstract":"Abstract Platform Recommender Systems (PRSs) are the algorithmic systems employed by online platforms to recommend content to users. These systems have been recently targeted by policy-makers in Europe, mainly in the Digital Services Act (DSA). While much is discussed on the merits and limitations of the DSA, the very first world regulation of PRSs has been implemented by the People’s Republic of China since March 1st 2022. The article elaborates a critical comparative analysis of the governance of PRSs between the Chinese and European regulations. By contextualizing the highly diverse media environments, the article bridges the gaps between legal, technical and social sciences disciplines to elaborate insights that aim to contribute to the development of the governance of PRS. The article is divided as follows; firstly, an introduction to the governance of platforms RSs is done. Then, a contextualization of European and the Chinese legal and media environment is provided. Secondly, a legal comparative analysis is developed by analyzing two main areas: algorithmic accountability and self-determination. Thirdly, a discussion on the challenges of PRS governance is elaborated and, eventually, conclusions are drawn. From the comparison we have identified fundamental challenges and opportunities for the development of PRSs governance: (1) the methodological validity of social media research and the possibility to run on-platform experiments for more sounding policies; (2) the inherent reductionism of profiling and the need to tackle the implicit “engagement optimization” paradigm; (3) the systemic vulnerability of users and the need to improve detection, prevention and legal codification of algorithmic and design manipulation; (4) the complex entanglement of PRS governance with interface design, content moderation and content visibility moderation; finally, (5) the promising role of users to provide a second-order accountability as well as strenghten individual self-determination through forms of participatory governance.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"23 1","pages":"151 - 181"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46573630","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}

引用次数: 0