Chapter 16 offers a conclusion and summarizes in a global perspective the various conclusions reached throughout the book.
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Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee
At the outset of this book the question was put forth: do data-driven technologies require regulation, and vice versa, how does data science advance legal scholarship? While there is no resounding answer one way or the other to the first question, we can deduce from the analyses put forward by our authors that the rise of the so-called data economy does pose challenges to regulators. The challenges are diverse and the answers to the – many – questions put forward in the previous chapters will likely be manifold. We nevertheless perceive some common issues that regulators are likely to encounter in each of the areas of law that were examined. We summarize them in section 2 of this conclusion, and elaborate some thoughts on the direction in which future research on the regulatory aspects of data-driven technologies may be headed. The second part of the book considered the increasing use of data science in legal scholarship and legal practice. Here also, challenging questions for future research have been identified by our authors. While the replacement of lawyers and judges by robots may still be a science-fiction dream (or nightmare), the use of data analysis in law is changing the way in which we approach legal (research) questions. We summarize the tentative findings in this field in section 3 of this conclusion. We round off the book with a final question: with data science and law, are we witnessing the emergence of a new discipline?
The conclusion to this book argues that the political principle underlying the commons resonates with the emerging global governance and offers an innovative political model to reform and regulate international interactions. For commons are intrinsically associated with a polycentric logic of governance, involving all stakeholders in the definition of the practices to be adopted to manage them sustainably. To substantiate this claim, this conclusion proceeds in three steps. It first emphasizes that the commons should not be associated narrowly with a certain type of goods but rather deserve to be treated as a ground-breaking model of governance. It then highlights that the type of governance provided by the principle of the common bears some striking similarities with the concept of global governance as it was introduced in the academic and political debate in the 1990s. Finally, to stress the originality and the added-value of the commons, it contrasts them with another contemporary model of governance advocated on the international stage, that is the model of global public goods. This conclusion shows that the latter reiterate a (slightly amended) logic of government on a different scale, including the recourse to a centralized authoritative power, whereas commons provide opportunities for a decentralized and proto-democratic global governance to arise.
Steven Blockmans and Panos Koutrakos
This book identified the wide range of substantive, institutional, and procedural links that bring together the legal and policy aspects of the European Union’s Common Foreign and Security Policy. Having unpacked the development of the practice of CFSP and the Common Security and Defence Policy (including civilian missions, military operations, capabilities, and non-proliferation of weapons of mass destruction), the book then conceptualized the way in which these interact with other external policies in the fields of energy, sanctions, trade, development cooperation, humanitarian aid, health security, and cybersecurity, as well as the Area of Freedom, Security and Justice, and the European Neighbourhood Policy. This is multi-layered and fast-moving policy of a broad scope and a dynamic legal framework. The analysis, then, stepped back and examined CFSP against a broader conceptual canvas, reflecting on the type of actor that the EU has become, the third parties, expectations of its actorness, and the role of law and ethics in the development of the policy.
This chapter aims to give an overview of the issues related to consumer contracts that have arisen due to the rapid emergence of the Internet of Things (IoT). It indicates the challenges for the traditional concepts and rules of private law posed by the development of ‘smart’ devices. It analyses in particular the consequences of personalisation of Internet-enabled devices, the dependency of the user on continuous provision of services by the manufacturer or a third party, the problem of conformity of a ‘smart’ device with the contract, the issues related to replenishment services as well as the relevance of traditional notions of sale and ownership in the context of the IoT. The chapter examines the question of data as counter-performance in contracts concerning ‘smart’ devices. Furthermore, it investigates the potential of the IoT to increase the risk of digital market manipulation and the corresponding regulatory responses.
This chapter aims to give an overview of the contractual issues that have arisen in relation to the use of data. Since the use of data has far-reaching consequences for consumer markets, the chapter focuses on issues that have arisen in those markets and the regulatory responses that have emerged, or are emerging, in consumer law. It considers in particular what effects the use of data has on the autonomy of contracting parties and on the balance of contractual fairness, and examines three more specific issues for consumer contract law, namely transparency, payment with data, and the question whether the ‘consumer’ concept needs adjusting. The focus of this chapter is mainly on the EU, with occasional references to the US, seeing that Europe has developed a fairly coherent regime of harmonised consumer contract law that in many aspects already applies to data-related contracts.
Ricard Gil and Giorgio Zanarone
Given the increasing role of creation and innovation in the world economy and the pervasive informational problems that plague contractual relationships between firms and creative agents, innovative industries constitute a natural and intriguing battlefield for researchers interested in the study of organizations, institutions, and governance. This chapter draws on organizational economics to illustrate the contracting frictions and governance solutions that arise in industries and processes where innovative and creative efforts are the key inputs. We point out open questions and gaps that emerge from the existing empirical evidence and provide recommendations that we hope will inform future researchers, industry practitioners, and policymakers.
Eric De Brabandere and Maryse Hazelzet
To date, corporations have had no direct human rights obligations under international law. Nonetheless, the increasing role of non-state actors in the international society and, as a consequence, the increasing impact of non-state actors on human rights can no longer be ignored. This chapter explores the factual and normative dimensions of international corporate responsibility for human rights violations. It also analyses existing mechanisms and new proposals for enhancing the accountability of transnational corporations, through the use of ‘soft’ instruments, domestic mechanisms or through self-regulatory mechanisms.
Miriam A. Golden
Corruption is common in poor and middle-income countries, but relatively infrequent in wealthy ones. How does corruption decline with modernization? In this chapter, the author considers two ways that analytical tools that derive from the New Institutional Economics may contribute to a better understanding of corruption and modernization. First, even where laws prohibit corruption, it often persists. How do cultures of corruption develop, and how can they be changed? Second, how do anti-corruption interests organize politically to change institutions that facilitate patronage and discretion, replacing them with meritocratic, formula-bound ones?