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Would the world be a better place if one were to adopt a European approach to state immunity?
(2021)
This chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
Law of raw data
(2021)
Law of Raw Data gives an overview of the legal situation across major countries and how such data is contractually handled in practice in the respective countries. In recent years, digital technologies have transformed business and society, impacting all sectors of the economy and a wide variety of areas of life. Digitization is leading to rapidly growing volumes of data with great economic potential. Data, in its raw or unstructured form, has become an important and valuable economic asset, and protection of raw data has become a crucial subject for the intellectual property community. As legislators struggle to develop a settled legal regime in this complex area, this invaluable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems.
What’s in this book:
Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty active specialists of the association from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following:
if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability.
Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law.
How this will help you:
A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
As part of the current overall process of de-formalization in international law States increasingly chose informal, non-legally binding agreements or ‘Memoranda of Understanding’ (‘MOUs') to organize their international affairs. The increasing conclusion of such legally non-binding instruments in addition to their flexibility, however, also leads to uncertainties in international relations. Against this background, this article deals with possible indirect legal consequences produced by MOUs. It discusses the different legal mechanisms and avenues that may give rise to secondary legal effects of MOUs through a process of interaction with and interpretation in line with other (formal) sources of international law. The article further considers various strategies how to avoid such eventual possible unintended or unexpected indirect legal effects of MOUs when drafting such instruments and when dealing with them subsequent to their respective ‘adoption’.
This chapter analyses managerial reforms at the subnational level of government from a comparative perspective and outlines possible routes for future comparative research. It examines reforms of the external relationships between local governments and private service providers, which were aimed at transforming the organizational macro-setting of local service provision, the task portfolio and functional profile of local governments. The chapter then moves to scrutinizing internal managerial reforms concerned with the modernization of organization and processes and the improvement of management capacities inside local administrations meant to strengthen performance, output- and consumer-orientation in local service delivery. The country sample includes the United Kingdom (England), Sweden, and Germany that represent three distinct types of administrative culture and local government in Europe.
Helping overcome distance, the use of videoconferencing tools has surged during the pandemic. To shed light on the consequences of videoconferencing at work, this study takes a granular look at the implications of the self-view feature for meeting outcomes. Building on self-awareness research and self-regulation theory, we argue that by heightening the state of self-awareness, self-view engagement depletes participants’ mental resources and thereby can undermine online meeting outcomes. Evaluation of our theoretical model on a sample of 179 employees reveals a nuanced picture. Self-view engagement while speaking and while listening is positively associated with self-awareness, which, in turn, is negatively associated with satisfaction with meeting process, perceived productivity, and meeting enjoyment. The criticality of the communication role is put forward: looking at self while listening to other attendees has a negative direct and indirect effect on meeting outcomes; however, looking at self while speaking produces equivocal effects.
We welcome you to the 54th Hawaii International Conference on System Sciences (HICSS-54) conference. This is the fifth year for the Organizational Learning Minitrack which has had the usual growing pains: two years ago, we added the topic of Unlearning and joined with the Intentional Forgetting Minitrack - as these topics are all organizationally-based knowledge management issues. We proudly bring you the latest research focused on the methods to develop and maintain organizational learning within the Knowledge Innovation and Entrepreneurial Systems Track. The ability to update, change and use current knowledge effectively, especially in light of the ongoing knowledge explosion, can be costly for any organization. Organizations that consider themselves “learning” or “knowledge-based” organizations must develop a competent workforce using KM strategies. Success in organizations involves developing a variety of human factors for changing competencies. With technological change, modification and revisions, many skills require updating for a competitive advantage in the marketplace. The focus on new techniques and insights into how individuals and organizations use their knowledge is our focus for the improvement of organizational
learning in this Minitrack.
We and AI
(2021)
It’s personal
(2021)
The new technologies of the Fourth Industrial Revolution (4IR) are disrupting traditional models of work and learning. While the impact of digitalization on education was already a point of serious deliberation, the COVID-19 pandemic has expedited ongoing transitions. With 90% of the world’s student population having been impacted by national lockdowns—online learning has gone from being a luxury to a necessity, in a context where around 3.6 billion people are offline. As the impacts of the 4IR unfold alongside the current crisis, it is not enough for future policy pathways to prioritize educational attainment in the traditional sense; it is essential to reimagine education itself as well as its delivery entirely. Future policy narratives will need to evaluate the very process of learning and identify the ways in which technology can help reduce existing disparities and enhance digital access, literacy and fluency in a scalable manner. In this context, this chapter analyses the status quo of online learning in India and Germany. Drawing on the experiences of these two economies with distinct trajectories of digitalization, the chapter explores how new technologies intersect with traditional education and local sociocultural conditions. Further, the limitations and opportunities presented by dominant ed-tech models is critically analyzed against the ongoing COVID-19 pandemic.
The noble way to substantiate decisions that affect many people is to ask these people for their opinions. For governments that run whole countries, this means asking all citizens for their views to consider their situations and needs.
Organizations such as Africa's Voices Foundation, who want to facilitate communication between decision-makers and citizens of a country, have difficulty mediating between these groups. To enable understanding, statements need to be summarized and visualized. Accomplishing these goals in a way that does justice to the citizens' voices and situations proves challenging. Standard charts do not help this cause as they fail to create empathy for the people behind their graphical abstractions. Furthermore, these charts do not create trust in the data they are representing as there is no way to see or navigate back to the underlying code and the original data. To fulfill these functions, visualizations would highly benefit from interactions to explore the displayed data, which standard charts often only limitedly provide.
To help improve the understanding of people's voices, we developed and categorized 80 ideas for new visualizations, new interactions, and better connections between different charts, which we present in this report. From those ideas, we implemented 10 prototypes and two systems that integrate different visualizations. We show that this integration allows consistent appearance and behavior of visualizations. The visualizations all share the same main concept: representing each individual with a single dot. To realize this idea, we discuss technologies that efficiently allow the rendering of a large number of these dots. With these visualizations, direct interactions with representations of individuals are achievable by clicking on them or by dragging a selection around them. This direct interaction is only possible with a bidirectional connection from the visualization to the data it displays. We discuss different strategies for bidirectional mappings and the trade-offs involved. Having unified behavior across visualizations enhances exploration. For our prototypes, that includes grouping, filtering, highlighting, and coloring of dots. Our prototyping work was enabled by the development environment Lively4. We explain which parts of Lively4 facilitated our prototyping process. Finally, we evaluate our approach to domain problems and our developed visualization concepts.
Our work provides inspiration and a starting point for visualization development in this domain. Our visualizations can improve communication between citizens and their government and motivate empathetic decisions. Our approach, combining low-level entities to create visualizations, provides value to an explorative and empathetic workflow. We show that the design space for visualizing this kind of data has a lot of potential and that it is possible to combine qualitative and quantitative approaches to data analysis.
Crochet is a popular handcraft all over the world. While other techniques such as knitting or weaving have received technical support over the years through machines, crochet is still a purely manual craft. Not just the act of crochet itself is manual but also the process of creating instructions for new crochet patterns, which is barely supported by domain specific digital solutions. This leads to unstructured and often also ambiguous and erroneous pattern instructions. In this report, we propose a concept to digitally represent crochet patterns. This format incorporates crochet techniques which allows domain specific support for crochet pattern designers during the pattern creation and instruction writing process. As contributions, we present a thorough domain analysis, the concept of a graph structure used as domain specific language to specify crochet patterns and a prototype of a projectional editor using the graph as representation format of patterns and a diagramming system to visualize them in 2D and 3D. By analyzing the domain, we learned about crochet techniques and pain points of designers in their pattern creation workflow. These insights are the basis on which we defined the pattern representation. In order to evaluate our concept, we built a prototype by which the feasibility of the concept is shown and we tested the software with professional crochet designers who approved of the concept.