39 research outputs found

    Online dispute resolution : the future of justice

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    The purpose of this study is to present the main facets of online dispute resolution, including a definition of the term, the types of resolution available, and the most recent legal regulations in this area. The article is an in-depth study of this field, discussing online mediation and electronical rbitration, their uses and their relationships with e-commerce. The strengths and weaknesses of online dispute resolution are identified and used to help formulate de lege ferenda stipulations. The paper is divided into three parts. Part I looks at preliminary aspects of online dispute resolution (ODR), including a definition of the term and an examination of its phases of development, implementation examples and the relationship between ODR and technology. Part II is devoted to examining the two most frequent forms of ODR: online mediation and electronic arbitration. Part III is an analysis of consumer disputes arising from commercial transactions made using electronic communications. As an example of the implementation of ODR, the author emphasises the importance of new European regulations on that and alternative dispute resolution (ADR):Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)

    The legal implications and remedies concerning revenge porn and fake porn : a common law perspective

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    Based on US and British regulations in force, this article offers an overview of legislation of two Common Law countries in the area of modern forms of law infringements focusing on the notions of revenge porn and fake porn. The first part contains definitions and descriptions of the terms 'revenge porn' and 'fake porn', pointing out to the context of the relationship between the dynamic technological development and use of artificial intelligence on the one hand and the regulatory framework failing to meet the current needs on the other. Further, examination is conducted of US and British legislation in force divided into civil and criminal law, indicating legislative gaps as well as the inefficiency of the existing legal solutions and presenting a range of proposals of legislative changes. The considerations have been supplemented with the results of the author’s assessment of sociological and statistical research available in source literature carried thus far in the field in question. The following section is dedicated to a comparative assessment of American and British legal solutions based on selected, critical issues. The final parts of the article serve to postulate systemic changes in legislation and is a proposal to introduce out-of-court dispute settlement methods in legal disputes pertaining to the matters discussed herein, and to frame future research directions

    The European map of artificial intelligence development policies : a comparative analysis

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    Objective: The aim of this paper is to discuss the management aspect of artificial intelligence development policy by the national regulators of the 27 European Union (EU) member states. The solutions formulated by three of them‚ÄĒGermany, France (as a pioneers), and Poland‚ÄĒare analyzed in depth. Conclusions: The obtained results allow us to conclude that out of 27 EU countries, only one has not yet prepared its strategic project on artificial intelligence (AI) development, while among the existing policies one can find significant differences in the approach to the matter of strategic management. Methodology: The research methods used are content analysis and comparative analysis of selected source documents. In the course of the deliberations presented, key legal acts concerning the areas of AI and modern technologies are cited. Practical applications: The presented work formulates a starting point for further research and directions of changes in the management of AI development policy. The attention of subsequent researchers should focus on the possibility of a detailed analysis of other documents published by EU member states, a comparison of policies of other countries across the world, and even an attempt to examine the global dimension of AI strategies. Originality: The article addresses the problem of creating law only following, rather than preceding, the emergence of technological changes, the lack of systemic regulation of AI tools and mechanisms, as well as the absence of integrated forms of international cooperation with a strategic and long-term dimension

    Justice in the time of e-commerce : online dispute resolution

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    As the Internet continues to embrace more and more specialised domains, legal sciences are no exception. Electronic communications are increasingly often used both in classic court proceedings and in the field of out-of-court dispute resolution methods (Online Dispute Resolution). Mediation and arbitration proceedings which make it possible to take the burden off the common courts are becoming a realistic alternative while in some selected areas they may represent the dominant dispute resolution mode in the future. This article aims at defining and presenting electronic out-of-court methods of dispute resolution as well as describing a selection of European examples of such techniques in various case studies. The author points out to the most effective examples of using ODR solutions, including consumer disputes. The first European ODR platform, operational since February 2016, has been described in the context of a legislative package concerning consumer disputes. The deliberations are concluded by formulating a premise that the future of resolving disputes stemming from agreements concluded online is going to be dominated by electronic out-of-court modes

    The digital transformation of legal industry : management challenges and technological opportunities

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    The impact of technology on individual economic sectors has also reached the service industry. This article offers a discussion on the influence of information technologies (IT) and changes taking place as a result of the legal services market digital transformation. Thanks to the results of the qualitative study (questionnaire survey a technique of data collection) involving 451 respondents (attorneys and legal counsels) in Poland, it was possible to analyse \u1d461 lawyers’ attitudes towards particular IT tools and systems as well as the changes taking place in the field of legal services, the business models applied thus far and innovation factors. The gained knowledge shows the current level of technology use in the daily work of lawyers and their attitude towards changes induced by omnipresent digitalization. The results offer vast opportunities for using the knowledge so acquired at academic and business levels, especially by providers of IT solutions for legal professionals

    Legal and historical aspects of sustainable development

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    The role and meaning of sustainable development have been recognized in the scientific literature for decades. However, the last one has shown a dynamic increase in interest in the subject, which results in numerous, in-depth scientific research and publications with an interdisciplinary dimension. The concept of sustainable development functions in the literature in economic, management, social, and legal contexts. In this chapter, the historical background of sustainable development will be described, showing the development of the subject, while analysing the specificity of the discussed issues of multifarious nature. Moreover, the author will discuss the legal aspects of sustainable development in the context of international law and European Union law. The issues of human rights, environmental law, and elements of constitutional law will be discussed, which will allow us to understand the meaning of legal provisions and their role in shaping sustainable development

    Implementacja europejskiego pakietu legislacyjnego w sprawie ADR i ODR w sporach konsumenckich do polskiego porzńÖdku prawnego

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    The Implementation of the EU Legislative Package Concerning ADR and ODR in Consumer Disputes into the Polish Legal OrderThe present article aims to discuss the objectives of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), with a particular focus on their impact on Polish legal system. The contribution is divided into two parts. The first part focuses on the basic principles of the Directive on consumer ADR and the Regulation on consumer ODR while the second part oers an analysis of the legal consequences of the implementation of the Directive on consumer ADR in the Polish legal system, in particular its impact on public authorities. Strengths and weaknesses of the system are identied and based on their impact it is possible to formulate some de lege ferenda propositions

    Online dispute resolution: the future of justice

    Get PDF
    The purpose of this study is to present the main facets of online dispute resolution, including a definition of the term, the types of resolution available, and the most recent legal regulations in this area. The article is an in-depth study of this field, discussing online mediation and electronic arbitration, their uses and their relationships with e-commerce. The strengths and weaknesses of online dispute resolution are identified and used to help formulate de lege ferenda stipulations. The paper is divided into three parts. Part I looks at preliminary aspects of online dispute resolution (ODR), including a definition of the term and an examination of its phases of development, implementation examples and the relationship between ODR and technology. Part II is devoted to examining the two most frequent forms of ODR: online mediation and electronic arbitration. Part III is an analysis of consumer disputes arising from commercial transactions made using electronic communications. As an example of the implementation of ODR, the author emphasises the importance of new European regulations on that and alternative dispute resolution (ADR): Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)

    Online dispute resolution

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    Organizing sustainable development

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    The role and meaning of sustainable development have been recognized in the scientific literature for decades. However, there has recently been a dynamic increase in interest in the subject, which results in numerous, in-depth scientific research and publications with an interdisciplinary dimension. This edited volume is a compendium of theoretical knowledge on sustainable development. The context analysed in the publication includes a multi-level and multi-aspect analysis starting from the historical and legal conditions, through elements of the macro level and the micro level, inside the organization. Organizing Sustainable Development offers a systematic and comprehensive theoretical analysis of sustainable development supplemented with practical examples, which will allow obtaining comprehensive knowledge about the meaning and its multi-context application in practice. It shows the latest state of knowledge on the topic and will be of interest to students at an advanced level, academics and reflective practitioners in the fields of sustainable development, management studies, organizational studies and corporate social responsibility
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