ICT Development and Business Process Modelling in the Legal Domain: The Experience of e-CODEX

In the last 30 years, the use of ICT spread into the justice sector with the aim of improving performances and reducing costs. While the justice domain has many distinctive features that makes ICT development and deployment particularly complex compared to other domains, design techniques and methods that proved to be successful in the broader ICT world, have been more and more introduced and tested in this difficult environment. This paper focuses on Business and Process Modelling (BPM) methodology, as a way to navigate the legal, organizational and social complexity of developing e-Justice services. First born for the analysis and improvement of private business processes through the use of graphical representations, the methodology has been largely utilized also for software design in complex organizations. After introducing the main literature on the BPM, we present the case of e-CODEX EU co-funded project, which developed an e-delivery platform to allow secure cross border exchange of judicial documents. The analysis allows grasping some of the strengths and limits of this method, and to learn important lessons on the relationship between BPMs’ use and the legal performativity of e-justice

LAW SEARCH IN THE AGE OF THE ALGORITHM

The process of searching for relevant legal materials is fundamental to legal reasoning. However, despite its enormous practical and theoretical importance, law search has not been given significant attention by scholars. In this Article, we define the problem of law search and examine the consequences of new technologies capable of automating this core lawyerly task. We introduce a theory of law search in which legal relevance is a sociological phenomenon that leads to convergence over a shared set of legal materials and explore the normative stakes of law search. We examine ways in which law scholars can understand empirically the phenomenon of law search, argue that computational modeling is a valuable epistemic tool in this domain, and report the results from a multi-year, interdisciplinary effort to develop an advanced law search algorithm based on human-generated data. Finally, we explore how policymakers can manage the challenges posed by new machine learning-based search technologies

Comparative analysis of the national biosafety regulatory systems in East Africa:

"This paper analyzes the current and proposed biosafety systems in Kenya, Tanzania, and Uganda using a set of components and characteristics common to functional and protective biosafety regulatory systems. It also assesses how those systems take into account the major international legal obligations that relate to biosafety, such the Cartagena Biosafety Protocol. The paper identifies certain areas in each country's biosafety regulatory systems where further development and clarification would improve the biosafety system, making it more functional and protective. Those areas include: (1) the addition of procedures to ensure the food safety of genetically engineered organisms; (2) the inclusion of the standard and criteria for making an approval decision; (3) the differentiation of regulatory procedures based on the relative risk of the organism; and (4) an explanation of how socio-economic considerations will be defined and assessed. Finally, the paper discusses possible ways the three countries can coordinate and harmonize their national biosafety regulatory systems so they are efficient, effective and make the best use of limited scientific and legal capacity." Author's AbstractBiosafety, Food safety, Genetically modified organisms, Genetic engineering,

THE PRECAUTIONARY PRINCIPLE & COMPLEX SOVEREIGNTY: USING THE PATHWAYS FRAMEWORK TO EXPLAIN DOMESTIC POLICY OUTCOMES

The precautionary principle has emerged as one of the most contentious international norms within international environmental law. Yet, despite the vexing conceptual uncertainties confronting the precautionary principle, it is repeatedly invoked by policy makers and incorporated within international and domestic environmental law and agreements. This thesis explores how the international norm of precaution comes to be translated from the international sphere to domestic public policy. The research utilizes the pathways framework, which suggests that there are three additional pathways in additional to the direct implementation of international rules in national law and policy - international norms and discourse, markets and direct access - through which actors, institutions and interests can influence domestic and firm-level policy change. The findings propose an explanation of why Canada came to adopt a particular version of the precautionary principle, also revealing the complex nature of norm transfer, the significance of multiple causal pathways of influence and the interactions arising along these pathways

Hazard analysis and critical control point system: A compliance analysis of food security in Portugal

Atualmente, a sociedade moderna está mais preocupada e alerta sobreperigos como a falta de segurança, a higiene e o controle de sistemas e serviços que podem afetar o consumidor. O sistema de Análise de Perigos e Ponto de ControloCrítico (HACCP) é baseado numa metodologia preventiva, para evitar potenciais riscos que podem causar danos aos consumidores, eliminando ou reduzindo estes perigos. Este sistema tenta garantir que os alimentos não seguros não sejam disponibilizados ao consumidor. A Autoridade de Segurança Alimentar e Económica (ASAE) é um órgão de polícia criminal especializado nas áreas de segurança alimentar e inspeção económica em Portugal. É responsável pela avaliação e comunicação de riscos na cadeia alimentar, bem como pelo cumprimento legal de atividades económicas nos setores alimentar e não alimentar. O sistema HACCP é reconhecido mundialmente e desenvolvido para evitar riscos potenciais ao consumidorsendo também seguido pela ASAE. A ASAE gera um grande e complexo volume de dados nas diversas inspeções que realiza, na receção de reclamações, na sua classificação, no seu registo e na monitorizaçãoaté o final do processo. Os dados analisados nesta dissertação referem-se a reclamações sobre entidades e pedidos de informações de 2014 a 2018.Nos anos de 2014 a 2018, fazendo uma análise estatística com o Python,pode-se verificarque as reclamações relacionadas ao sistema HACCP são maiores do que em 2014, 2017 e 2018.A percentagem relativa àsegurança alimentar é superior à segurança económicaem três anos,entre 2014 e 2018. Assim sendo, uma vez que o sistema HACCP é responsável por garantir a segurança alimentar, este estudo torna-se relevantedevido à sua análisededados,expressa com medidas estatísticas e visualização gráfica de reclamações relacionadas a este sistema.Nowadays, modern society is more concerned and alert about the dangers, lack of security, hygiene, control of systems and services that can affect the consumer. The Hazard Analysis and Critical Control Point (HACCP) system is based on a preventive methodology to avoid potential hazards that may cause harm to consumers by eliminating or reducing these hazards. This system attempts to ensure that unsafe food is not made available to the consumer.The Food and Economic Security Authority (ASAE) is a criminal police body specialized in the areas of food security and economic inspection in Portugal. It is responsible for risk assessment and communication in the food chain, as well as legal compliance with economic activities in the food and non-food sectors. The HACCP system is recognized worldwide and designed to avoid potential consumer risks and is also followed by ASAE. ASAE generates a large and complex volume of data in the various inspections it performs, in receiving complaints, classifying them, registering them and monitoring them until the end of the process.The data analyzed in this dissertation refer to complaints about entities and information requests from 2014 to 2018.In the years 2014 to 2018, making a statistical analysis with Python, it can be seen that complaints related to the HACCP system are higher than in 2014, 2017 and 2018. The percentage relative to food security is higher than the economic security in three between 2014 and 2018.Therefore, since the HACCP system is responsible for ensuring food safety, this study becomes relevant due to its data analysis, expressed with statistical measures and graphical visualization of complaints related to this system

A decade of regulating agricultural biotechnology liability in Canada : a case study from 1994 - 2004

Innovation is the fundamental driver for the advancement of societies. The advent of the Industrial Revolution in the 17th century precipitated a dramatic increase in the rate of innovation. Societies of the time struggled in how to deal with the rapid changes that resulted from these innovations and their application. Present day society is no different. Innovations in today’s society have the ability to be widely adopted and the potential to affect far larger segments of the population that previous innovations. The rapid rise of genetic modification is one such innovation. This innovative technology has been widely adopted by the drug and agriculture industries and as a result, it has impacted all segments of Canadian society. This thesis examines how Canadian society has dealt with the specific innovation of agricultural biotechnology, or the genetic modification of plants. The commercialization of genetically modified plants has resulted in regulatory challenges for the government, intellectual property and liability concerns for industry and consumer acceptance issues within the general public. By researching the interaction and relationships between government regulators, private firms and consumer organizations, it is possible to identify how Canada has reacted to the challenge of regulating agricultural biotechnology. The interdisciplinary framework necessary to accomplish this requires conceptual contributions from economics, political science and sociology. In the development of the innovation, or innovative product, the regulatory approval process requires a risk analysis for all new plant varieties. This risk analysis process is comprised of risk assessment, risk management and risk communication. This thesis argues that risk and the application of risk analysis is appropriate for pre-commercialization, but once the innovative product is in the marketplace, any failure regarding this product can be viewed as a potential liability. The management of and communication about liabilities differs from that of risk management and communication. The key theme of this research is to examine how regulators in Canada have attempted to regulate post-commercialization liabilities and to identify what governance structures or institutions are essential for the regulation of post-commercialization liabilities

Design of knowledge management framework for capacity building activities in the EU Agency – focus on knowledge sharing systems

https://www.ester.ee/record=b5373428*es

Aquaculture Law and Policy

The aquaculture industry is fast expanding around the globe and causing major environmental and social disruptions. The volume is about getting a 'good governance' grip on this important industry. The book highlights the numerous law and policy issues that must be addressed in the search for effective regulation of aquaculture. Those issues include among others: the equitable and fair assignment of property rights; the design of effective dispute resolution mechanisms; clarification of what maritime laws apply to aquaculture; adoption of a proper taxation system for aquaculture; resolution of aboriginal offshore title and rights claims; recognition of international trade law restrictions such as labeling limitations and food safety requirements; and determination of whether genetically modified fish should be allowed and if so under what controls. This book will appeal to a broad range of audiences: undergraduate and postgraduate students, academic researchers, policy makers, NGOs, practicing lawyers and industry representatives