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Legal Challenges in the New Digital Age
Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.
Ana Mercedes Lopez Rodriguez, Ph.D. (2002), University of Aarhus, is Associate Professor of Private International Law and Comparative Law at Universidad Loyola Andalucía. She has published widely, including articles in high impact journals. She is also an independent arbitrator. Maria Lubomira Kubica, Ph.D. (2015), University of Girona, is Assistant Professor of Civil and Comparative Law at Universidad Loyola Andalucía and a member of European Law Institute where she participates in Special Interest Groups on Private Global Law and Digital Law. Michael D. Green, J.D. (1975), University of Pennsylvania, is Williams Professor of Law at Wake Forest University School of Law where he teaches in the torts and mass torts field and has lectured and taught in various venues in Europe and China.
Forward
List of Figures and Tables
PART 1
Existing Legal Concepts And Disruptive Technologies
1 Tort Law and New Technologies
Eugenia Dacoronia
2 Geo-Blocking and EU Competition Law in the Digital Era
Michele Messina
3 (In)fallible Smart Legal Contracts
Manuel A. Gómez
4 An Analysis on the Application of the UNCITRAL Model Law on Electronic Transferable Records on Contract Automation and Metadata
Jurij Lampic & Irene Ng (Huang Ying)
5 The Electronic Devices Used for Testamentary Disposition Under Polish Law
Wojciech Banczyk
6 EU Customs Regulation, Patent Assertion Entities and the New Surge of Abusive Practices in Europe
Matteo Dragoni
PART 2
The Impact Of Digitalization On Privacy And Fundamental Rights
7 General Data Protection Regulation, Fundamental Rights and Private International Law
Giulia Rossolillo
8 Legal and Ethical Implications of eHealth Big Data———A Comparative Perspective between Japan and Catalonia
Albert Ruda
9 Artificial Intelligence in Criminal Courts
Opportunity or Threat?
Luca Lupària Donati
10 Coping with Identity Theft and Fear of Identity Theft in the Digital Age
Naci Akdemir
11 Algorithmic Dispute Resolution
Will the Decision of a Robo-Arbitrator Fall under the New York Convention?
Rafael Carlos del Rosal Carmona
12 Social Media as Monitoring Tools in the Workplace
A Threat to Employees’ Right to a Private Life?
Stefania Casiglia
PART 3
Implementing New Technologies In The Legal Field
13 Blockchain and Its Impact on Human Rights
Ana Mercedes López Rodríguez
14 The Spoken Word, the Written Word and the Digital Word
Discursive Discontinuities and Change of Legal Canons
Flávia Noversa Loureiro
15 Personalization of Consumer Contracts—Should We Personalize Interpretation Rules?
Katarzyna Południak-Gierz
16 The Fate of Law as Technology and Technology as Legal Reasoning
The Red Queen Effect in Smart Cities
María Luisa Gómez Jiménez
Index
List of Figures and Tables
PART 1
Existing Legal Concepts And Disruptive Technologies
1 Tort Law and New Technologies
Eugenia Dacoronia
2 Geo-Blocking and EU Competition Law in the Digital Era
Michele Messina
3 (In)fallible Smart Legal Contracts
Manuel A. Gómez
4 An Analysis on the Application of the UNCITRAL Model Law on Electronic Transferable Records on Contract Automation and Metadata
Jurij Lampic & Irene Ng (Huang Ying)
5 The Electronic Devices Used for Testamentary Disposition Under Polish Law
Wojciech Banczyk
6 EU Customs Regulation, Patent Assertion Entities and the New Surge of Abusive Practices in Europe
Matteo Dragoni
PART 2
The Impact Of Digitalization On Privacy And Fundamental Rights
7 General Data Protection Regulation, Fundamental Rights and Private International Law
Giulia Rossolillo
8 Legal and Ethical Implications of eHealth Big Data———A Comparative Perspective between Japan and Catalonia
Albert Ruda
9 Artificial Intelligence in Criminal Courts
Opportunity or Threat?
Luca Lupària Donati
10 Coping with Identity Theft and Fear of Identity Theft in the Digital Age
Naci Akdemir
11 Algorithmic Dispute Resolution
Will the Decision of a Robo-Arbitrator Fall under the New York Convention?
Rafael Carlos del Rosal Carmona
12 Social Media as Monitoring Tools in the Workplace
A Threat to Employees’ Right to a Private Life?
Stefania Casiglia
PART 3
Implementing New Technologies In The Legal Field
13 Blockchain and Its Impact on Human Rights
Ana Mercedes López Rodríguez
14 The Spoken Word, the Written Word and the Digital Word
Discursive Discontinuities and Change of Legal Canons
Flávia Noversa Loureiro
15 Personalization of Consumer Contracts—Should We Personalize Interpretation Rules?
Katarzyna Południak-Gierz
16 The Fate of Law as Technology and Technology as Legal Reasoning
The Red Queen Effect in Smart Cities
María Luisa Gómez Jiménez
Index
Academics, practitioners, judges worldwide and institutions working with European law, tort law, commercial law, ADR/ODR, procedural law, criminal law, international and comparative law as well as Governments and international organizations such UN/UNODC.