EU and Comparative Law Issues and Challenges Series最新文献

{"title":"INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE","authors":"Giulia Gabrielli","doi":"10.25234/eclic/28268","DOIUrl":"https://doi.org/10.25234/eclic/28268","url":null,"abstract":"Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"30 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":"135609699","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":"EDUCATION FOR SUSTAINABLE DEVELOPMENT AND GREEN TRANSFORMATION OF THE EU","authors":"Ranka Jeknić","doi":"10.25234/eclic/27443","DOIUrl":"https://doi.org/10.25234/eclic/27443","url":null,"abstract":"Based on a review of professional literature and documents (UN and UNESCO international documents, strategic documents of the Republic of Croatia), scientific literature (social ecology, interdisciplinary literature) and using a hermeneutic approach as well as analysis and comparison of available secondary data, this paper first presents and analyses the concept of EDS and then examines the issue of its implementation and representation at different levels of formal education in Croatia (first in the pre-school and school system and then in the higher education system). Finally, the results of the analysis are presented and the discrepancy between policy recommendations and strategies and practise, i.e. the implementation of CE, EDC and ESD in the Croatian educational context, is highlighted, as well as the need for changes in teacher training and the need to change or harmonise the existing educational programmes with the goals of the European “green transition”.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"24 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":"135002578","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":"WHEN IS A CRYPTOCURRENCY TRANSFER INTERNATIONAL IN DISTRIBUTED LEDGER TECHNOLOGY-BASED SYSTEMS?","authors":"Burcu Yüksel Ripley","doi":"10.25234/eclic/28263","DOIUrl":"https://doi.org/10.25234/eclic/28263","url":null,"abstract":"This paper addresses the issue of command liability for severe criminal offenses committed by means of autonomous and semi-autonomous weapons. Research has shown that the leading military forces around the world are intensively working on designing autonomous weapons, which will provide them an enormous tactical ad logistical advantage in warfare. As the national and international law concept of command responsibility to date has been based on the idea of humans selecting and ordering the destruction of targets, the author raises the question of whether this has also created a set of legal norms that could adequately regulate such situations in the context of new warfare techniques. The first section of the paper briefly outlines the direction of the development of autonomous weapons. The second section analyzes the provisions on command responsibility of the Rome Statute and the Statute of the ad hoc tribunals for Yugoslavia and Rwanda. The national legislation of some countries and the significant jurisprudence in this field is also analyzed and projected into the context of semi-autonomous and autonomous warfare. A special emphasis is placed on the issue of unconscious negligence. The objective of the paper is to indicate the legal gaps and to propose guidelines for future development.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"86 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":"135609425","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":"FEASIBILITY OF MOOCS FOR LEGAL EDUCATION","authors":"Mirela Župan","doi":"10.25234/eclic/28270","DOIUrl":"https://doi.org/10.25234/eclic/28270","url":null,"abstract":"Distance learning tools are not a feature of modern times. However, COVID-19 pandemic boosted its usage and enabled its penetration into higher education. Among various e-learning features, higher education embraced model of Massive Open Online Courses (MOOCs). This paper addresses the very notion of e-learning in law. It focuses on MOOCs from the perspective of educational pedagogy, but more specifically on its usage in legal education. Pros and contras are given based on experience of MOOCs development in the framework of DIGinLaw project.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"18 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":"135609426","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":"SUPPORTING LAW TEACHERS’ IN THE DEVELOPMENT OF MOOCS","authors":"Sandra Kučina Softić, Tea Čičko, Petra Kvočić, Tona Radobolja","doi":"10.25234/eclic/28272","DOIUrl":"https://doi.org/10.25234/eclic/28272","url":null,"abstract":"Modernising law and legal education are inevitable in today’s society. Possible arguments for not taking such steps disappeared with the pandemic which fostered processes which were postponed or were found as not applicable. Onwards, the COVID-19 pandemic has further accelerated the existing trend toward online and hybrid learning. It uncovered new and innovative ways for students and educators to organise their teaching and learning activities and to interact in a more personal and flexible manner online. Several papers and policies on the European level, among them Digital Education Action Plan highlight the importance of developing a high-performing digital education ecosystem and higher levels of digital capacity of education and training systems and institutions. Still, the process of modernisation and digitalisation of law and legal education is complex and requires significant efforts and resources from all stakeholders involved. The important aspect in this process is teachers’ preparedness and ability to implement digital technologies in teaching and learning, the support they need in this process as well as their training in digital skills to be able to properly use and implement digital technologies using new teaching methods and digital pedagogies. This paper discusses how to support teachers in the digitalisation of law and legal education and teachers’ training in acquiring necessary digital competences. This is part of the Erasmus+ project Digital in Law Education (DIGinLaw) where one of the results is the development of 12 MOOCs on the topic of law and legal education in higher education. The aim of this paper is to reveal the significance of organizational support for teachers and the importance of developing teachers’ digital skills and competences for successfully meeting the challenges of the digitalization of legal education. The paper describes the process taken to support teachers in the development of MOOCs including their training in digital skills. The results of the research – the proposed model of supporting and training teachers in MOOC design - can be applied to similar requirements for higher education teachers’ support in implementing digital technologies in teaching and learning. Using the survey as a quantitative research method and in-depth semi-structured interviews as a qualitative method, the paper gives insight into teachers’ readiness to use digital technologies and what kind of support and training they need to sufficiently implement digital technologies in the educational process.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"1 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":"135609697","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":"CONTEMPORARY FORMS OF WORK WITH A DIGITAL FEATURE IN PRIVATE INTERNATIONAL LAW","authors":"Jura Golub","doi":"10.25234/eclic/28269","DOIUrl":"https://doi.org/10.25234/eclic/28269","url":null,"abstract":"Digitalization has enabled the rapid development of the gig economy and changed the entire paradigm in such a way that through digitalization people are increasingly achieving their primary employment. As a result, there is a frequent occurrence of the phenomenon of digital nomads and platform workers. Although initially conceived as freelance jobs, in certain cases, the legal relationships of digital nomads or platform workers take on the characteristics of an employment relationship. To circumvent fiscal and labour obligations, digital nomads or platform workers are often defined in contracts as self-employed individuals or independent contractors, resulting in a deprivation of labour rights. Consequently, a challenge arises for European private international law in terms of the correct characterization regarding the legal relationship and, subsequently, the application of the appropriate conflict of law rule to determine the applicable law.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"64 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":"135609698","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":"PROPERTY RIGHTS OVER CRYPTOCURRENCIES : A CONFLICT-OF-LAWS PERSPECTIVE","authors":"Francesca C. Villata, Lenka Válková","doi":"10.25234/eclic/28258","DOIUrl":"https://doi.org/10.25234/eclic/28258","url":null,"abstract":"The paper tackles the conflicts of laws on property rights over cryptocurrencies, starting from characterization issues. Building upon the distinctive nature of cryptocurrencies as “pure” de facto assets, that do not give a claim against an issuer, and the relevance of control over said assets as a suitable alternative to the traditional possession, the paper supports the characterization in terms of “assets”, over which property rights may, subject to the relevant lex causae, be constituted and enjoyed. By examining the available options for a conflict-of-law regime and considering the first legislative efforts conducted in this area of law both at the supranational and national level, the elective situs approach is identified as the most appropriate, possibly backed by some regulatory requirement, whilst different approaches are envisaged for the fall-back rule applicable to cryptocurrencies originated in, respectively, permissioned and permissionless DLT systems.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 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":"135609420","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":"MANAGING CROSS-BORDER “DIGITAL SUCCESSION” IN THE DIGITAL ERA : PRELIMINARY REMARKS ON THE NEW CHALLENGES FOR THE CURRENT LEGAL FRAMEWORK","authors":"Ilaria Viarengo, Jacopo Re","doi":"10.25234/eclic/28257","DOIUrl":"https://doi.org/10.25234/eclic/28257","url":null,"abstract":"This paper aims to answer to a rather common question: what happen to our digital estate when we die? To do so, after analysing the composition of a digital estate, the paper will determine, firstly, the legal framework applicable to a cross-border succession to a digital estate. It will then investigate: (i) which assets are transferable upon death and to what extent; (ii) under what conditions heirs have access to the deceased’s accounts; and (iii) which interests on the digital content created by the deceased are protected and how. The analysis will be conducted through the lens of the current private international law framework in force in EU Member States, in order to formulate some preliminary remarks on its adequacy to manage this new succession phenomenon and the issues it raises.","PeriodicalId":483313,"journal":{"name":"EU and Comparative Law Issues and Challenges Series","volume":"19 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":"135609421","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}