The rise of self-driving cars : is the private international law framework for non-contractual obligations posing a bump in the road?

This article focusses on some implications related to the commercialisation of self-driving or autonomous cars. Such vehicles are no longer a mere futuristic idea. They could soon be available on the market. Society in general and the applicable rules in particular will undergo a transformation following the introduction of autonomous vehicles. Despite the many benefits, self-driving cars also pose several challenges. These do not only relate to technical aspects but also to the influence of the autonomisation of traffic on infrastructure and employment in different sectors. More importantly, several legal challenges will need to be addressed as well before society will be able to fully enjoy the benefits of self-driving cars. The question as to who should be held liable for damage caused by self-driving car has already been addressed in academia. Less attention has been devoted to the relationship between autonomous vehicles and the existing private international law rules in the European Union. Although the application of the current jurisdictional and conflict of laws rules does not present problems, the membership of some EU Member States of the 1971 Hague Traffic Accidents Convention and/or the 1973 Hague Products Liability Convention impedes the harmonisation of conflict of laws rules in non-contractual matters as envisaged by the Rome II Regulation. In cases concerning liability arising from traffic accidents and in product liability cases, different Member States courts sometimes apply a different national law. This reduces foreseeability and legal certainty

"Regulating Healthcare Technologies and Medical Supplies: A Comparative Overview"

A complex relationship exists among EU regulations, current national practices and rules, institutional capacities to implement regulatory adjustments and the legacy of past health and regulatory policy and traditions. However, there is little empirical information on medical devices policy, the medical devices industry, and the assurance of medical device safety and usage. Drawing on a review of the secondary literature and on-going field work, the evidence suggests that the current mix of statecentric and self-regulatory traditions will be as important in determining the implementation and final outcomes of EU-rules as the new rules themselves. EU directives redesign rules, but they do not necessarily lead to institutional change, create institutional capacities, or alter old practices in the short term. Neither EU directives nor national regulatory adjustments determine the "man-machine/skill-experience" interface which is shaped and influenced by local medical traditions and the acceptance of these traditions by local publics

Enhancement of Water Transport and Microstructural Changes Induced by High-Intesity Ultrasound Application on Orange Peel Drying

The main aim of this work was to evaluate the effect of high-intensity ultrasound (US) on the drying kinetics of orange peel as well as its influence on the microstructural changes induced during drying. Convective drying kinetics of orange peel slabs were carried out at a relative humidity of 26.5±0.9%, 40 °C and 1 m/s with (AIR+US) and without (AIR) ultrasound application. In order to identify the US effect on water transport, drying kinetics were analyzed by taking the diffusion theory into account. Fresh, AIR and AIR+US dried samples were analyzed using Cryo-Scanning Electron Microscopy. Results showed that the drying kinetics of orange peel were significantly improved by US application, which involved a significant (p<0.05) improvement of mass transfer coefficient and effective moisture diffusivity. The effects on mass transfer properties were confirmed with microstructural observations. In the cuticle surface of flavedo, the pores were obstructed by the spread of the waxy components, this fact evidencing US effects on the air solid interfaces. Furthermore, the cells of the albedo were disrupted by US, as it created large intercellular air spaces facilitating water transfer through the tissue.The authors would like to acknowledge the financial support of MICINN and CEE (European Regional Development Fund) from projects Ref. DPI2009-14549-C04-04, PSE-060000-2009-003, and FP6-2004-FOOD-23140 HIGHQ RTE.García Pérez, JV.; Ortuño Cases, C.; Puig Gómez, CA.; Cárcel Carrión, JA.; Pérez Munuera, IM. (2012). Enhancement of Water Transport and Microstructural Changes Induced by High-Intesity Ultrasound Application on Orange Peel Drying. Food and Bioprocess Technology. 5(6):2256-2265. https://doi.org/10.1007/s11947-011-0645-0S2256226556Alandes, L., Perez-Munuera, I., Llorca, E., Quiles, A., & Hernando, I. (2009). 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A new high intensity ultrasonic technology for food dehydration. Drying Technology, 17(3), 597–608.Garau, M. C., Simal, S., Femenia, A., & Rosselló, C. (2006). Drying of orange skin: drying kinetics modelling and functional properties. Journal of Food Engineering, 75(2), 288–295.Garau, M. C., Simal, S., Rossello, C., & Femenia, A. (2007). Effect of air-drying temperature on physico-chemical properties of dietary fibre and antioxidant capacity of orange (Citrus aurantium v. Canoneta) by-products. Food Chemistry, 104(3), 1014–1024.Garcia-Perez, J. V., Cárcel, J. A., De la Fuente, S., & Riera, E. (2006). Ultrasonic drying of foodstuff in a fluidized bed. Parametric study. Ultrasonics, 44, 539–543.Garcia-Perez, J. V., Cárcel, J. A., Benedito, J., & Mulet, A. (2007). Power ultrasound mass transfer enhancement in food drying. Food and Bioproducts Proccessing, 85(3), 247–254.Guiné, R. P. F., Henrriques, F., Barroca, M. J. (2010). 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European Law and Regulation of Mobile Net Neutrality

Mobile is a rapidly growing and potentially major element of the future Internet, and its environment cannot be sensibly considered in isolation from fixed networks [2]. A note on terminology: Europe uses the term Mobile Network Operators (MNOs) while the United States uses 'wireless' Internet Service Providers (ISPs) [3]. 'Wireless' is somewhat more open in the United States. In Europe, mobile has always made special pleading for forms of self-regulation, as we will see. The article introduces mobile broadband, then considers net neutrality in the fixed environment including the new laws passed in November 2009 in the European Parliament, before considering the mobile net neutrality debate, the degree of price control regulation exerted on European mobiles and the MNOs' vigorous rear-guard anti-regulation defence. Finally, I look at the effects of this regulatory asymmetry and whether MNO calls for mobile to be treated differently from other ISPs can be justified. I conclude by examining what the effect of price and content control on mobile is likely to be for incentives for fixed ISPs and produce a result that I describe as the 'fixed' strategy

Why a World State is Unavoidable in Planetary Defense: On Loopholes in the Vision of a Cosmopolitan Governance

The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global centralization of core decision-making powers, de-stigmatization of nuclear weapons and the like can proceed, succeed, and be implemented in a non-hierarchical international system where planetary defense constitutes only one regime among many, and where states basically remain the decisive actors. Although rationally and scientifically robust, the project suffers from oversimplification, as well as naivety with respect to how both international and domestic politics works. Among other topics, this chapter discusses problems associated with the rule of law and constituent powers, political representation and sources of legitimacy, conditions of multilevel collective action, or limits of theoretical idealization. The general message is that the planetary defense community needs to be more aware of the social and political context of its own enterprise

Surveillance, big data and democracy: lessons for Australia from the US and UK

This article argues that current laws are ill-equipped to deal with the multifaceted threats to individual privacy by governments, corporations and our own need to participate in the information society. Introduction In the era of big data, where people find themselves surveilled in ever more finely granulated aspects of their lives, and where the data profiles built from an accumulation of data gathered about themselves and others are used to predict as well as shape their behaviours, the question of privacy protection arises constantly. In this article we interrogate whether the discourse of privacy is sufficient to address this new paradigm of information flow and control. What we confront in this area is a set of practices concerning the collection, aggregation, sharing, interrogation and uses of data on a scale that crosses private and public boundaries, jurisdictional boundaries, and importantly, the boundaries between reality and simulation. The consequences of these practices are emerging as sometimes useful and sometimes damaging to governments, citizens and commercial organisations. Understanding how to regulate this sphere of activity to address the harms, to create an infrastructure of accountability, and to bring more transparency to the practices mentioned, is a challenge of some complexity. Using privacy frameworks may not provide the solutions or protections that ultimately are being sought. This article is concerned with data gathering and surveillance practices, by business and government, and the implications for individual privacy in the face of widespread collection and use of big data. We will firstly outline the practices around data and the issues that arise from such practices. We then consider how courts in the United Kingdom (‘UK’) and the United States (‘US’) are attempting to frame these issues using current legal frameworks, and finish by considering the Australian context. Notably the discourse around privacy protection differs significantly across these jurisdictions, encompassing elements of constitutional rights and freedoms, specific legislative schemes, data protection, anti-terrorist and criminal laws, tort and equity. This lack of a common understanding of what is or what should be encompassed within privacy makes it a very fragile creature indeed. On the basis of the exploration of these issues, we conclude that current laws are ill-equipped to deal with the multifaceted threats to individual privacy by governments, corporations and our own need to participate in the information society

The Doha Round’s Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines Under the Amended TRIPS Provisions

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified \u27free riding.\u27 Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders concerned with re-opening policy space for the supply of newer pharmaceutical products pushed back against the restrictive elements of the TRIPS Agreement. Governments around the world are in the process of deciding whether to ratify and accept the Article 31bis Amendment. Based on their Study for the International Trade Committee of the European Parliament, the authors argue that acceptance of the Amendment will provide a \u27net benefit\u27 for countries seeking to improve access to medicines. At the insistence of WTO delegations acting on behalf of the originator pharmaceutical industry lobby, Article 31bis regrettably is saddled with unnecessary administrative hurdles. Nonetheless, through skillful lawyering, political determination and coordinated planning, the system can be made to work. Among other options, expeditious back-to-back compulsory licensing linked with pooled procurement strategies may effectively achieve economies of scale in production and distribution of medicines. The authors doubt that the international political environment would support renegotiation of an \u27improved\u27 solution. They express concern that failure to bring the Amendment into force will open the door to a campaign to undermine the Waiver Decision. Recent events in Brazil and Thailand illustrate both the opportunities and risks associated with implementing TRIPS exception mechanisms, and help to inform views on the negotiating environment. Specific proposals for regional cooperation in implementing the Amendment are laid out, and the authors emphasize the importance of pursuing concrete transfer of technology measures in support of developing country pharmaceutical manufacturing. Over-reliance on private market mechanisms for the supply of public health goods leaves the international community with an unresolved collective action problem on a large scale

Linkage and Multilevel Governance

Economic models of emissions trading implicitly assume a simple unitary governance structure, where a single regulator designs and enforces an emissions trading program. The Kyoto Protocol, however, employs a multilevel governance structure in which international, regional, national, sub-national, and even private actors have significant roles in designing and enforcing the trading program. Under this structure, international trading of credits requires complex linking of disparate regional, national, and subnational trading program. This paper describes the multilevel governance model employed in the Kyoto Protocol and then analyzes some of the problems this complexity creates for the project of creating an international market in environmental benefit credits to realize technology transfer benefits. This paper shows that multilevel governance creates costs that can interfere with technology transfer and free trade in credits. It concludes that rules sufficiently stringent to encourage technology transfer in the face of significant additionality problems will likely burden free trade in credits. Unfortunately, rules sufficiently relaxed to make international transactions simple and problem free will lack integrity and spawn non-additional credits greatly limiting the Kyoto Protocol\u27s potential as a technology transfer mechanism. The paper suggests that these governance complexities counsel against automatic embrace of linkage