Indiana Journal of Global Legal Studies最新文献

{"title":"Blockchain and the Right to Good Administration: Adding Blocks to or Blocking of the Globalization of Good Administration?","authors":"Migle Laukyte","doi":"10.2979/gls.2023.a886167","DOIUrl":"https://doi.org/10.2979/gls.2023.a886167","url":null,"abstract":"ABSTRACT: In this article, the author addresses the complex and multifaceted relationship between the right to good administration enshrined in the Charter of Fundamental Rights of the European Union and the uses of blockchain technology by the public administration, which is in charge of making the right to good administration real. The opportunities and threats come hand in hand, and there is an urgent need to push forward a public debate on the uses and misuses of blockchain to guarantee public services, so much so that many aspects of blockchain are not compatible with citizens' expectations in relation to the public sector. Although the focus is on Europe, and the right to good administration is not technically recognized on the international level, the globalization produced by technological advancements on the one hand, and the emergence of global administrative law on the other hand, makes this debate relevant to the rest of the democratic states that want to foster human-centric technologies for the well-being of their citizens.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495361","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":"Artificial Intelligence in Government: Risks and Challenges of Algorithmic Governance in the Administrative State","authors":"José Vida Fernández","doi":"10.2979/gls.2023.a886163","DOIUrl":"https://doi.org/10.2979/gls.2023.a886163","url":null,"abstract":"Abstract: This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the EU. Finally, the article concludes by identifying and analyzing the main legal and policy problems involved in the use of artificial intelligence in government. It challenges values, principles, and institutions of the traditional administrative state and also requires us to think of new frameworks for constitutional and administrative law to guarantee citizens' rights and public interest.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495568","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":"Government by Algorithms at the Light of Freedom of Information Regimes: A Case-by-Case Approach on ADM Systems within Public Education Sector","authors":"María Estrella Gutiérrez David","doi":"10.2979/gls.2023.a886165","DOIUrl":"https://doi.org/10.2979/gls.2023.a886165","url":null,"abstract":"Abstract: What the Houston Court qualified as \"mysterious 'black box' impervious to challenge\" was in practice a sophisticated software of many layers of calculations, which rated teachers' effectiveness to make employment decisions. In the European Union, a system as such would fall under the Proposal for AI Regulation of 2021, which qualifies AI models in education and vocational training as \"high-risk\" systems. Automated decision-making systems (ADM systems), AI-driven or not, are being increasingly used by governments in public education for different purposes, such as handling applications for undergraduate admission or profiling students and teachers to assess their performance. Across cases and jurisdictions, there is growing evidence of how the use of ADM systems in the education sector is becoming quite problematic: arbitrary assignment of teaching posts in mobility procedures, undue barriers to access undergraduate studies, and frequent lack of transparency in their implementation and decisions. This Article discusses how Freedom of Information Act (FOIA) regimes may contribute to rendering governments' ADM systems (AI-driven or not) accountable. The analysis of the FOIA cases (Parcoursoup saga in France, MIUR in Italy, and Ofqual in the United Kingdom) shows to what extent decisions granting access to the source code, functional and technical specifications, or third-party audits allow public scrutiny of ADM systems, detection of their pathologies, and better understanding of their adverse impacts on rights and freedoms, individual or collective. This Article also addresses the constitutional value of the right of access to public records (Parcoursup), and the importance of proactive and mandatory public dissemination to ensure traceability, transparency, and accountability of the ADM systems for FOIA purposes. In this sense, some legal initiatives across jurisdictions (Canada, France, Spain, United States, European Union) enhancing transparency and accountability of algorithmic systems will be examined.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495564","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":"Digital Transformations of Government: Towards a Digital Leviathan?","authors":"Alfred C. Aman","doi":"10.2979/gls.2023.a886159","DOIUrl":"https://doi.org/10.2979/gls.2023.a886159","url":null,"abstract":"Digital Transformations of Government:Towards a Digital Leviathan? Alfred C. Aman Jr. (bio) Introduction A warm welcome to you all. It is a great pleasure to be able to participate in this exciting collaboration between Universidad Carlos III de Madrid (UC3M) and Indiana University—a conference that the Indiana Journal of Global Legal Studies is publishing in celebration of its thirtieth issue. This is a milestone for us, and we could not be happier to celebrate it in this way. Let me begin with a few words about the nature of this journal and its scholarly goals over the years. The Indiana Journal of Global Legal Studies is a peer-reviewed interdisciplinary journal focusing on the intersections of global and domestic legal regimes, technologies, markets, politics, societies, and cultures. The journal seeks to facilitate dialogue among international communities of scholars in law and other disciplines, with intersecting concerns bearing on new forms of law related to globalization processes, transnationalism, and their social effects.1 By its very nature, seeing law in such terms challenges the conventional boundaries among subject disciplines and professional research practices, as well as the boundaries around sovereign state regulatory regimes. In 1993, when the Journal published its first issue, a bright line between domestic and international law was already largely illusory. As a result, we needed fresh assessments of issues, such as the role and theory of the nation-state in the twenty-first century, the need for and [End Page 1] development of new international and global institutions, and, in particular, the kinds of domestic legal reforms necessary to mesh with or respond to global economic and political effects. But at that time, our global institutions were few—even the WTO, for example, had not yet been established. There was also a lingering sense that globalization was a single, all encompassing process affecting everyone, everywhere, at the same time. Today we know that globalization is not a single process pitched toward harmonization, but something far more complex. We know it is not a unidirectional process in time or locale, a process that occurs only once, as if globalization were a straightforward yes/no question, but—again—something far more complex. As we embark upon our thirtieth issue and the symposium topic, the \"Digital Transformation of Government: Towards a Digital Leviathan?,\" we have a timely opportunity to focus on digital technology and to reflect on how law will or should respond to a technology that is at once local and global, personal and impersonal. We know that digital technologies have the capacity to greatly enhance our abilities to creatively and humanely interact in a global world, but we also know that they have the capacity to undermine, if not eliminate, a concept of the public interest. The answers to the many questions implicitly and explicitly posed by technological innovations, such as the intern","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"224 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135784061","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 Curtailment of Constitutional Rights and Mechanisms of Social Control in The People's Republic of China: Hubei Province Case at The Onset of The Covid-19 Pandemic","authors":"Fabio Ratto Trabucco","doi":"10.2979/gls.2023.a886170","DOIUrl":"https://doi.org/10.2979/gls.2023.a886170","url":null,"abstract":"Abstract: This paper analyzes the curtailment of constitutional rights arising from the implementation of emergency measures due to the COVID-19 pandemic in China's Hubei Province, which was not at all counterbalanced by introducing new forms of due constitutional protection. Likewise, high expectations cannot be set on pre-existing means of constitutional safeguards since the Chinese government clearly refused to establish new or different safeguarding procedures nor did it deem it necessary to establish ad hoc courts in order to tackle the COVID-19 pandemic. The paper is laid out as follows: (1) fundamental rights in a contemporary socialist state: an overview; (2) containment measures against COVID-19 and flexibility of constitutional right;. (3) the centrality of governing bodies and restrictions of constitutional rights; (4) territorial governance and centralization of containment measures against COVID-19; (5) between soft law and totalitarian propaganda; and (6) the ubiquity of the Communist Party of China and the \"alignment\" of judicial functions.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495368","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":"Neuro-Rights and New Charts of Digital Rights: A Dialogue Beyond the Limits of the Law","authors":"Rafael Yuste, Tomás de la Quadra-Salcedo","doi":"10.2979/gls.2023.a886161","DOIUrl":"https://doi.org/10.2979/gls.2023.a886161","url":null,"abstract":"Abstract: In this article, the authors address some of the most pressing issues that stem from the relationship between the technological advancements of the twenty-first century and legal regulation. The development of neurotechnology and artificial intelligence (AI), while offering considerable opportunities for the betterment of social life, also poses unprecedented risks. These challenges manifest in a wide variety of topics. Areas such as human rights treaties, antitrust law, property law, and labor law are affected by these developments. The risks associated with the unregulated use of neurotechnology and AI do not cease at the sectorial stage. Some of the values upon which current democratic systems and governance models are built could be equally threatened. In anticipation of the harming potential of unmitigated technological advances, some governments and international institutions have enacted legal provisions to regulate the current digital landscape. These normative instruments, including the Chilean Constitutional Amendment and European Charts of Digital Rights, are also analyzed in the following pages. The purpose of this article is not purely descriptive, but rather to spark a debate among legal scholars and experts in their respective fields. The approach followed here, dialogical in its nature, may provide a model for further collaboration. It is the authors' understanding that the regulation of neurotechnology and AI requires an interdisciplinary approach that is transnational in its scope.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135784062","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 Risk of Digitalization: Transforming Government into a Digital Leviathan","authors":"José Vida Fernández","doi":"10.2979/gls.2023.a886160","DOIUrl":"https://doi.org/10.2979/gls.2023.a886160","url":null,"abstract":"Abstract: This paper provides an overview of the threats posed by digitalization, particularly with regard to the public sector. It starts by describing digital risks as true global risks and argues that their scope and severity have not been recognized until now. The most well-known challenges come from the transformation of the private sector (economy, society, and individuals) and the emergence of large private powers that dominate the digital environment (digital feudal lord). However, there are even greater challenges coming from the digitization of government, creating almighty public bodies detached from laws that kept them locked until now.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495364","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":"On Facial Recognition, Regulation, and \"Data Necropolitics\"","authors":"Antonio Pele, Caitlin Mulholland","doi":"10.2979/gls.2023.a886166","DOIUrl":"https://doi.org/10.2979/gls.2023.a886166","url":null,"abstract":"Abstract: This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of \"Data Necropolitics\" defines a predatory form of digital governance that exploits and discriminates against vulnerable populations.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495566","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":"Solving Contemporary Issues in Conservation Through a Market-Based International Park System","authors":"Ian Finley","doi":"10.2979/gls.2023.a886171","DOIUrl":"https://doi.org/10.2979/gls.2023.a886171","url":null,"abstract":"Solving Contemporary Issues in Conservation Through a Market-Based International Park System Ian Finley Introduction In 2016, the United States National Park Service celebrated its centennial, which caused a flurry of calls for reflection and recommendations for improvements for national parks.1 People began urging the national parks to reaffirm their commitment to conservation and recreation, along with encouraging more research.2 It seemed to be a natural time to revisit the original \"justification for both Yosemite and Yellowstone park [that] was the protection of unique scenery in the national interest.\"3 That being said, in light of developments in national parks over the last one hundred years, it is important to challenge or at least qualify that statement by revisiting a remark that James Bryce, the British Ambassador to the United States, made a century ago. Regarding national parks, he stated that \"[w]e are … for the future.\"4 Explicitly, he was emphasizing that the interest that national parks promote includes not only safeguarding the parks for the enjoyment of people alive now, but also being the stewards of these treasures for future generations, a sentiment that the American public agrees with today.5 Implicit in this statement from a British ambassador is the international component that was inherent in the national parks since the beginning. The history and development of the national park concept over the last one hundred years have confirmed that international aspect. [End Page 353] Following the establishment of national parks in the United States, the rest of the world began to follow suit, as parks were developed all over the world.6 By the early twenty-first century, \"over 100,000 [protected areas] covered more than 2 million km, or 12 per cent of the earth's land surface … [and] [s]ystems of [protected areas] existed in every country.\"7 Furthermore, it is time to recognize and capitalize upon the international nature of parks. With climate change and its associated damages, it is now more important than ever for parks to recognize that \"national\" parks are part of a global system.8 With this idea in mind, this paper argues for the creation of an international park system with a market-based model. This system would hopefully link some of the world's greatest ecological treasures in a framework that would increase funding and collaboration among the nations to combat problems that the national parks are currently facing in regard to a change in climate, an increase in visitors, and a lack of funding.9 Part II of this paper outlines a history of the development of the national park idea around the world while highlighting examples of parks in different nations and the contemporary issues the parks are facing. Part III outlines different examples of international collaboration, including efforts concerning climate change and conservation. This part demonstrates the feasibility of the creation of an international park system b","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495567","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 Contentious Issues of Governance by Algorithms","authors":"Gilles J. Guglielmi","doi":"10.2979/gls.2023.a886164","DOIUrl":"https://doi.org/10.2979/gls.2023.a886164","url":null,"abstract":"Abstract: The development of computerized tools that lead to decision-making processes which apply locally defined parameters poses many questions about democracy. These questions stem from our very conception of the state and its role, going beyond the boundaries of typical administrative law. According to a popular notion that permeates the practices of most executive branches in liberal political regimes, democratic concerns are now competing with managerial concerns. In order to analyze this idea, we must study the implementation of algorithms in administrative decision-making, underscoring both the changes to the characterization of administrative decisions and the questions raised about an administrative judicial review of litigation. To summarize a French administrative law judge's review so far, the judge began by assessing the legality of using algorithms in administrative procedures. Secondly, the judge reviewed the legality of making administrative decisions on the basis of an algorithm. Three issues now appear to be guiding the future of algorithm-based administrative decisions: (1) the security of legal transactions; (2) the compensation for harm or damage caused by the algorithms, and (3) the degree of in-depth review by the administrative judge.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495565","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}