Interpretation across legal systems

In this paper we extend a formal framework presented in [6] to model reasoning across legal systems. In particular, we propose a logical system that encompasses the various interpretative interactions occurring between legal systems in the context of private international law. This is done by introducing meta-rules to reason with interpretive canons

The Hague Convention of 2019 on Foreign Judgments: Operation and Refusals

This chapter is intended to focus on the practical operation of The Hague Conference on Private International Law Convention of 2019 on Recognition and Enforcement of Foreign Judgments that intends to enhance international juridical cooperation through the facilitation of recognition and enforcement of foreign judgments, establishing good litigation planning parameters and simplifying judgments circulation among Contracting States. The text addresses the structure and logical operation of the convention, including grounds for refusal. The 2019 Convention was not in force at the time this article was prepared; thus, direct case law was not available. The text runs a speculative exercise, suggesting model assessment of the 2019 Convention provisions from the view of a practitioner

Национализация (экспроприация) собственности иностранных инвесторов: актуальные проблемы

The subject. Foreign investments in the economy of states play an important role. As a consequence, priority should be given to the protection of foreign investments and the creation of favorable and stable conditions for the investors activities. This is especially important in cases of an unfavorable political environment, various internal and external conflicts. Crossborder investment activity is risky, and one of the possible risks is the nationalization (expropriation) of the property of foreign investors by the state-recipient of investments. This method of seizing private property is regulated by the state both at the international legal level and at the national level. The institution of (nationalization) expropriation of the property of foreign investors has its own specifics in Russian legislation in terms of terminological features and legal regulation with certain problematic aspects inherent in it.The purpose of the article is to determine the content and correlation of the concepts of "nationalization" and "expropriation" in Russian law; to describe the main international approaches to regulation of these issues as well as Russian model. The authors try to describe the existing problems inherent in this institution in private international law in general and in Russian legislation in particular and suggest possible ways to solve them.The methodology. The research was carried out using formal-logical, systemic, comparative, formal-legal methods, analysis and synthesis.The main results, scope of application. The content and correlation of the concepts "nationalization" and "expropriation" in Russian law is determined, it is proposed to consider them synonymous. International approaches to regulating the nationalization (expropriation) of the property of foreign investor are examined. The regulation of this institution in Russia is considered; certain problems inherent in nationalization (expropriation) are investigated, possible ways to solve them are suggested.Conclusions. It is now necessary not only to create conditions for attracting foreign investments, but also to ensure their safety in view of the development of cross-border investment activities. In particular, this can be achieved by establishing a detailed regulated procedure for the nationalization (expropriation) of the property of foreign investors, providing guarantees of compensation and legality in such seizure of their property. The institution of nationalization (expropriation) of property in private international law should be considered as one of the possible risks in the implementation of investment activities, which means that states should take measures to minimize risks in order to increase investment attractiveness. It can be achieved through detailed legislative regulation at the national level and a conclusion of international treaties (the “force of law” should be upheld, not the “law of force”).Определено содержание и соотношение понятий «национализация» и «экспроприация» в российском праве, предложено считать их синонимичными; изучены международные подходы к регулированию национализации (экспроприации) собственности иностранных инвесторов; рассмотрено регулирование этого института в России; исследованы отдельные проблемы, присущие национализации (экспроприации), предложены возможные способы их решения. Сделан вывод о том, что институт национализации (экспроприации) собственности в международном частном праве следует рассматривать как один из возможных рисков при осуществлении инвестиционной деятельности, а значит, государствам в целях повышения инвестиционной привлекательности следует предпринимать меры по его минимизации, в том числе посредством подробного законодательного регулирования на национальном уровне и заключения договоров на международном (отстаиваться должна «сила права», а не «право силы»)

Gaming security by obscurity

Shannon sought security against the attacker with unlimited computational powers: *if an information source conveys some information, then Shannon's attacker will surely extract that information*. Diffie and Hellman refined Shannon's attacker model by taking into account the fact that the real attackers are computationally limited. This idea became one of the greatest new paradigms in computer science, and led to modern cryptography. Shannon also sought security against the attacker with unlimited logical and observational powers, expressed through the maxim that "the enemy knows the system". This view is still endorsed in cryptography. The popular formulation, going back to Kerckhoffs, is that "there is no security by obscurity", meaning that the algorithms cannot be kept obscured from the attacker, and that security should only rely upon the secret keys. In fact, modern cryptography goes even further than Shannon or Kerckhoffs in tacitly assuming that *if there is an algorithm that can break the system, then the attacker will surely find that algorithm*. The attacker is not viewed as an omnipotent computer any more, but he is still construed as an omnipotent programmer. So the Diffie-Hellman step from unlimited to limited computational powers has not been extended into a step from unlimited to limited logical or programming powers. Is the assumption that all feasible algorithms will eventually be discovered and implemented really different from the assumption that everything that is computable will eventually be computed? The present paper explores some ways to refine the current models of the attacker, and of the defender, by taking into account their limited logical and programming powers. If the adaptive attacker actively queries the system to seek out its vulnerabilities, can the system gain some security by actively learning attacker's methods, and adapting to them?Comment: 15 pages, 9 figures, 2 tables; final version appeared in the Proceedings of New Security Paradigms Workshop 2011 (ACM 2011); typos correcte

Cryptocurrency with a Conscience: Using Artificial Intelligence to Develop Money that Advances Human Ethical Values

Cryptocurrencies like Bitcoin are offering new avenues for economic empowerment to individuals around the world. However, they also provide a powerful tool that facilitates criminal activities such as human trafficking and illegal weapons sales that cause great harm to individuals and communities. Cryptocurrency advocates have argued that the ethical dimensions of cryptocurrency are not qualitatively new, insofar as money has always been understood as a passive instrument that lacks ethical values and can be used for good or ill purposes. In this paper, we challenge such a presumption that money must be ‘value-neutral.’ Building on advances in artificial intelligence, cryptography, and machine ethics, we argue that it is possible to design artificially intelligent cryptocurrencies that are not ethically neutral but which autonomously regulate their own use in a way that reflects the ethical values of particular human beings – or even entire human societies. We propose a technological framework for such cryptocurrencies and then analyse the legal, ethical, and economic implications of their use. Finally, we suggest that the development of cryptocurrencies possessing ethical as well as monetary value can provide human beings with a new economic means of positively influencing the ethos and values of their societies

Archaeology and autonomies: the legal framework of heritage management in a new Bolivia

The 2009 Bolivian Constitution significantly changed the structure of the state and paved the way for the creation of regional, local, and even indigenous autonomies. These autonomies are charged with the management of archaeological sites and museums within their territory. This article answers the question of who currently owns the Bolivian past, it stems from concerns raised at the 2011 renewal hearing of the Memorandum of Understanding preventing the import of illicit Bolivian antiquities into the United States. By combining an analysis of recent legal changes related to the creation of the autonomies and a short discussion of a notable case study of local management of a Bolivian archaeological site, this article offers a basic summary of the legal framework in which Bolivian archaeology and heritage management functions and some preliminary recommendations for governments and professionals wishing to work with Bolivian authorities at the state and local level