Promoting U.S. Economic Growth and Security Through Expanding World Trade: A Call for Bold American Leadership

This report presents a leadership vision of a strong and open global trading system, and urges the United States and its trading partners to adopt vital policy reforms, including delinking agricultural subsidies from prices and production while opening agricultural markets everywhere, and eliminating all tariffs and non-tariff barriers in both manufacturing and services

Law, Technology and Dispute Resolution : The Privatisation of Coercion

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A Peer-reviewed Newspaper About_ Machine Research

About research on machines, research with machines, and research as a machine. Publication resulting from research workshop at Brussels World Trade Center, organised in collaboration with Constant, Association for Arts and Media, Brussels, and transmediale festival for art and digital culture, Berlin

Dispute Resolution and New IT Realities

My dissertation consists in a thesis which contributes to the ongoing discussion that a proper ODR system should not be seen as a “fourth-party” (referred to the technology component in a dispute settlement). At present, ODR Regulation 524/2013 still relies just on procedural rules, avoiding a substantial approach to the disputes. In this context the aim is to include a legal proposal in such a developed and envisioned framework. The approach is to reduce obstacles to the good functioning of civil proceedings, negotiations and settlements, especially the cross-border ones, by enforcing a method that could improve agreements by means of a new E-procedure in certain areas of civil law, such as successions and trust, matrimonial regimes, property and lease, company law and consumer law. A new E-procedure based on game theory’s principles of fair division and win-win solution instead of using law principles

State-of-the-Art Report on Systems Analysis Methods for Resolution of Conflicts in Water Resources Management

Water is an important factor in conflicts among stakeholders at the local, regional, and even international level. Water conflicts have taken many forms, but they almost always arise from the fact that the freshwater resources of the world are not partitioned to match the political borders, nor are they evenly distributed in space and time. Two or more countries share the watersheds of 261 major rivers and nearly half of the land area of the wo rld is in international river basins. Water has been used as a military and political goal. Water has been a weapon of war. Water systems have been targets during the war. A role of systems approach has been investigated in this report as an approach for resolution of conflicts over water. A review of systems approach provides some basic knowledge of tools and techniques as they apply to water management and conflict resolution. Report provides a classification and description of water conflicts by addressing issues of scale, integrated water management and the role of stakeholders. Four large-scale examples are selected to illustrate the application of systems approach to water conflicts: (a) hydropower development in Canada; (b) multipurpose use of Danube river in Europe; (c) international water conflict between USA and Canada; and (d) Aral See in Asia. Water conflict resolution process involves various sources of uncertainty. One section of the report provides some examples of systems tools that can be used to address objective and subjective uncertainties with special emphasis on the utility of the fuzzy set theory. Systems analysis is known to be driven by the development of computer technology. Last section of the report provides one view of the future and systems tools that will be used for water resources management. Role of the virtual databases, computer and communication networks is investigated in the context of water conflicts and their resolution.https://ir.lib.uwo.ca/wrrr/1005/thumbnail.jp

Law, Technology and Dispute Resolution

The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology

Toward Win-Win Regionalism in Asia: Issues and Challenges in Forming Efficient Trade Agreements

Many economists tend to be skeptical of the merits of Free-Trade Areas (FTAs) due to their second-best nature, while others support them under certain conditions, particularly as they allow for a more comprehensive treatment of trade- and investment-related issues than is currently possible under the 149-member WTO. This paper endeavors to bridge this analytical chasm by developing a blueprint for âÂÂfirst-bestâ regionalism based on âÂÂbest practices.â It then applies the associated set of rules to existing FTAs in Asia (both intra- and extra-regional) to guage the degree to which they approach best practices. In summary, we find that most accords receive high marks in most areas, with the exception of âÂÂrules of originâ and certain service sectors.Asian integration; free trade agreement; best practices; Asian development

Dispute resolution and technology : revisiting the justification of conflict management

Verkkoversio: Helsingin yliopisto, 2023The rapid increase in e-commerce transactions has led to the emergence of new dispute resolution models, e.g. online dispute resolution (ODR). Simultaneously, public courts embrace new information and communication technologies in order to overcome the shortcomings of the public court system. Technological redress is more and more often sought within the private regimes of e-commerce instead of through public courts. But what exactly does this shift to technology in dispute resolution entail? In this book Koulu examines the multifaceted phenomenon of dispute resolution technology, using private enforcement as an example, and the impact it has on justifying dispute resolution. The implementation of technology in dispute resolution reveals the hidden justificatory narratives of procedural law and thus provides possibilities for their critical examination. Koulu argues that the privatisation of enforcement – as it is enabled by different forms of technology from the direct enforcement of e-commerce market leaders to self-executing smart contracts in the blockchain – brings the inherent violence of law out into the open. This increase in private enforcement, in turn, challenges the nationstate’s monopoly on violence, which has traditionally formed the main source of justification for dispute resolution and the enforcement of judicial decisions. After examining the possibilities of finding justification for private enforcement from other sources, e.g. from private autonomy or from human rights discourse, Koulu claims that private enforcement constitutes a new grey area of conflict management. Koulu’s doctoral dissertation gives unique insight into contemporary debates both in global procedural law and law and technology studies.peerReviewe