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This book presents a comprehensive analysis of the alterations and
problems caused by new technologies in all fields of the global
digital economy. The impact of artificial intelligence (AI) not
only on law but also on economics is examined. In the first part,
the economics of AI are explored, including topics such as
e-globalization and digital economy, corporate governance, risk
management, and risk development, followed by a quantitative
econometric analysis which utilizes regressions stipulating the
scale of the impact. In the second part, the author presents the
law of AI, covering topics such as the law of electronic
technology, legal issues, AI and intellectual property rights, and
legalizing AI. Case studies from different countries are presented,
as well as a specific analysis of international law and common law.
This book is a must-read for scholars and students of law,
economics, and business, as well as policy-makers and
practitioners, interested in a better understanding of legal and
economic aspects and issues of AI and how to deal with them.
This book presents a comprehensive analysis of the alterations and
problems caused by new technologies in all fields of politics. It
further examines the impact of artificial intelligence (AI) on the
nexus between politics, economics, and law. The book raises and
answers several important questions: What is the role of AI in
politics? Are people prepared for the challenges presented by
technical developments? How will Al affect future politics and
human society? How can politics and law deal with Al's disruptive
technologies? What impact will AI and technology have on law? How
can efficient cooperation between human beings and AI be shaped?
Can artificial intelligence automate public decision-making? Topics
discussed in the book include, but are not limited to digital
governance, public administration, digital economy, corruption,
democracy and voting, legal singularity, separation of power,
constitutional rights, GDPR in politics, AI personhood, digital
politics, cyberspace sovereignty, cyberspace transactions, and
human rights. This book is a must-read for scholars and students of
political science, law, and economics, as well as policy-makers and
practitioners, interested in a better understanding of political,
legal, and economic aspects and issues of AI.
The book deals with digital technology which is transforming the
landscape of dispute resolution. It illustrates the application of
AI in the legal field and shows the future prospect of robo-justice
for an AAI society in the advanced artificial intelligence era. In
other words, the present justice system and the influence of
current AI upon courts and arbitration are investigated. The
transforming role of AI on all legal fields is examined thoroughly
by giving answers concerning AI legal personality and liability.
The analysis shows that digital technology is generating an
ever-growing number of disputes and at the same time is challenging
the effectiveness and reach of traditional dispute resolution
avenues. To that extent, the book presents in tandem the impact of
AI upon courts and arbitration, and reveals the role of AAI in
generating a new robo-justice system. Finally, the end of the
perplexing relation of courts and arbitration is evidenced
methodically and comprehensively.
International Commercial and Marine Arbitration analyses and
compares commercial-martime arbitration in a number of different
legal systems including the US, the UK, Greece and Belgium. The
book examines the role of the courts in arbitration in each of
these countries, making reference to the latest case law, and also
makes extensive reference to French, German, Italian, Austrian,
Swiss and Netherlands law. Tracing the historical emergence of the
modern system of commercial arbitration Georgios Zekos then goes on
to present ways in which the current process of arbitration can be
developed in order to make them more effective.
International Commercial and Marine Arbitration analyses and
compares commercial-martime arbitration in a number of different
legal systems including the US, the UK, Greece and Belgium. The
book examines the role of the courts in arbitration in each of
these countries, making reference to the latest case law, and also
makes extensive reference to French, German, Italian, Austrian,
Swiss and Netherlands law. Tracing the historical emergence of the
modern system of commercial arbitration Georgios Zekos then goes on
to present ways in which the current process of arbitration can be
developed in order to make them more effective.
This book presents a comprehensive analysis of the alterations and
problems caused by new technologies in all fields of the global
digital economy. The impact of artificial intelligence (AI) not
only on law but also on economics is examined. In the first part,
the economics of AI are explored, including topics such as
e-globalization and digital economy, corporate governance, risk
management, and risk development, followed by a quantitative
econometric analysis which utilizes regressions stipulating the
scale of the impact. In the second part, the author presents the
law of AI, covering topics such as the law of electronic
technology, legal issues, AI and intellectual property rights, and
legalizing AI. Case studies from different countries are presented,
as well as a specific analysis of international law and common law.
This book is a must-read for scholars and students of law,
economics, and business, as well as policy-makers and
practitioners, interested in a better understanding of legal and
economic aspects and issues of AI and how to deal with them.
The regulation of insider trading prohibits insiders from using
inside information in securities transactions, and the central goal
of the regulator is to preclude non-public information from
circulating in the stock markets. The goal of legislation against
insider trading is the same as that of legislation against market
manipulation, making certain the integrity of EU financial markets
and so boosting investor confidence in those markets. Market
manipulation and insider trading are interrelated and based on
circulation of information, and so cyberspace & e-logistics of
information could be the key to neutralising people from taking
advantage of their privilege to govern information within a
company. Insider trading moves prices because outsiders decode
information from the trade itself. Insider trading increases
capital costs for the reason that insider trading raises the cost
to market-makers in a companys securities relative to other
companies, decreasing the anticipated return to uninformed
shareholders. Corporate insiders are clearly informed about their
own firms. The insiders outperformance derives from either their
analytical skill or the handling of superior information about
their companies when trading. Insiders benefit from unexpected
losses on top of gains and so have a perverse incentive to trigger
the company to under-perform if insider trading is permitted.
Securities are vital, not only as investment vehicles, but also as
devices for corporate control. A peaceful European Revolution
should bring forward European nations and the USE/European
Federation, which can deal with insider trading, criminal law, and
other political/economical components in a harmonious way while
avoiding any conflict among the various jurisdictions taking place
in the present EU.
The book deals with digital technology which is transforming the
landscape of dispute resolution. It illustrates the application of
AI in the legal field and shows the future prospect of robo-justice
for an AAI society in the advanced artificial intelligence era. In
other words, the present justice system and the influence of
current AI upon courts and arbitration are investigated. The
transforming role of AI on all legal fields is examined thoroughly
by giving answers concerning AI legal personality and liability.
The analysis shows that digital technology is generating an
ever-growing number of disputes and at the same time is challenging
the effectiveness and reach of traditional dispute resolution
avenues. To that extent, the book presents in tandem the impact of
AI upon courts and arbitration, and reveals the role of AAI in
generating a new robo-justice system. Finally, the end of the
perplexing relation of courts and arbitration is evidenced
methodically and comprehensively. Â
Globalization is a complex, forceful, legal and social process that
takes place within an integrated whole with no regard for
geographical boundaries. Financial globalization is criticized for
consequential increases in economic volatility and disruptions to
monetary policy autonomy. Globalization increases the vulnerability
of economies to shock while restraining the apparatus that central
banks and policy authorities have for dealing with said shocks
engendered at home and abroad. Globalization and corporate
governance interact to deal with governance issues arising from the
globalization of business. Corporate governance is, to a great
extent, a set of means through which outside investors protect
themselves against expropriation by insiders. Risk management is at
the centre of all financial actions. Moreover, risk management is a
two-step course: firstly, it is necessary to uncover what risks
exist in an investment and then deal with those risks in a way
best-suited to a corporation's investment objectives. Financial
markets have been liberalized around the globe. Banks advance their
capacity to administer credit risk function with greater leverage
by lending more of their assets to risky borrowers. In a
market-based financial system, banking and capital market
advancements are undividable and funding circumstances are tied to
fluctuations in the control of market-based financial
intermediaries. Risk management has become a momentous element of
company management after the modern financial crisis.
Europe is currently caught in a malfunction triangle between
national politics, European policies, and global markets. Moreover,
the democratic politics of the EU have remained national. Moreover,
a single currency has been established without establishing a set
of institutions to facilitate any regions of Europe to operate
efficiently. The European area has been going through a lengthened
period of weak economic activity and very low inflation, and there
is a need to strengthen its Economic and Monetary Union, based on
political stability, so as to upsurge its resilience to economic
shocks. To that extent, uncertainty and political fragmentation
have been amplified significantly in the aftermath of financial
crises, which have been economically destructive, making crisis
resolution more problematic. The crisis across Europe has led to a
failure in confidence in European institutions, leading to
political fragmentation of positions among Member States, and
stirring up nationalistic instincts. This has impeded
decision-making, averting the formation of a common growth
strategy. Nevertheless, it is essential to move towards the
establishment of the United States of Europe in order to avoid the
collapse and disintegration of the EU.
Arbitration is one form of alternative dispute resolution (ADR). It
must be taken into account that ADR was envisioned as an
alternative to litigation, with its own manifest of substantive and
procedural characteristics. To that extent, arbitration enhances
access to justice by permitting claimants to bring claims they
could not afford to bring to court. International commercial
arbitration is a legally binding dispute resolution process that
substitutes for domestic courts. Arbitration began as an
extrajudicial mechanism for resolving disputes. Arbitration took
its rise in the very infancy of Society as a private and
self-contained method, distinctive from litigation and not as a
postscript to the development of public courts. Has this fact been
shared by state legislation and modern arbitration practice or has
arbitration been developed into an appendage of the courts?
Merchants established arbitration tribunals because they felt that
the courts were not sufficiently knowledgeable about commercial
customs and were exceptionally slow and unwieldy. National
arbitration, international commercial arbitration, and
investor-state arbitration have developed on parallel but separate
tracks, each reacting to different political, economic, and social
settings. Although arbitration is a quasi-judicial proceeding, it
is not conducted with the same degree of formality as a judicial
proceeding within the United States which means that the spirit of
arbitration is the parties freedom from the strict structure of
ordinary judicial proceedings. Arbitration has to guarantee legal
certainty, predictability, and settlement being costless. The
emergence of many non-independent arbitral tribunals creates a
Gordian knot by merely adding more work for courts in order to deal
with so many requests for intervention in arbitrations. The current
perplexing between arbitration and courts causes only confusion,
profit chances for many people and less quick and cheap justice. In
addition, arbitration is judicialized dependent more and more from
court rulings; this causes it to lose its advantages and become
more and more costly. Because of this, its validity is questionable
and it might be more productive to establish more courts to employ
more judges rather than struggling with arbitration as it currently
functions. Taking into account that private parties are performing
an escalating number of tasks that were once accomplished by the
government, privatization has become so prevalent and involves
delegation of state authority to private parties. This can be seen
as a legal basis for the independence of arbitration under National
Authority Management Arbitration (NAMA).
Arbitration is one form of alternative dispute resolution (ADR). It
must be taken into account that ADR was envisioned as an
alternative to litigation, with its own manifest of substantive and
procedural characteristics. To that extent, arbitration enhances
access to justice by permitting claimants to bring claims they
could not afford to bring to court. International commercial
arbitration is a legally binding dispute resolution process that
substitutes for domestic courts. Arbitration began as an
extrajudicial mechanism for resolving disputes. Arbitration took
its rise in the very infancy of Society as a private and
self-contained method, distinctive from litigation and not as a
postscript to the development of public courts. Has this fact been
shared by state legislation and modern arbitration practice or has
arbitration been developed into an appendage of the courts?
Merchants established arbitration tribunals because they felt that
the courts were not sufficiently knowledgeable about commercial
customs and were exceptionally slow and unwieldy. National
arbitration, international commercial arbitration, and
investor-state arbitration have developed on parallel but separate
tracks, each reacting to different political, economic, and social
settings. Although arbitration is a quasi-judicial proceeding, it
is not conducted with the same degree of formality as a judicial
proceeding within the United States which means that the spirit of
arbitration is the parties freedom from the strict structure of
ordinary judicial proceedings. Arbitration has to guarantee legal
certainty, predictability, and settlement being costless. The
emergence of many non-independent arbitral tribunals creates a
Gordian knot by merely adding more work for courts in order to deal
with so many requests for intervention in arbitrations. The current
perplexing between arbitration and courts causes only confusion,
profit chances for many people and less quick and cheap justice. In
addition, arbitration is judicialized dependent more and more from
court rulings; this causes it to lose its advantages and become
more and more costly. Because of this, its validity is questionable
and it might be more productive to establish more courts to employ
more judges rather than struggling with arbitration as it currently
functions. Taking into account that private parties are performing
an escalating number of tasks that were once accomplished by the
government, privatization has become so prevalent and involves
delegation of state authority to private parties. This can be seen
as a legal basis for the independence of arbitration under National
Authority Management Arbitration (NAMA).
Intellectual property is at the centre of the "new economy". New
economy products are characterised by declining average costs over
a range of output, high rates of innovation, and network effects.
The return deriving from IPRs is directly correlated to the
duration as well as the scope of those rights. The center of IP
rights has moved further and further upstream over the past
century, to the point of now protecting living organisms, basic
research tools, and procedural methods as well as mathematical
algorithms and databases. Globalisation and the exploitation of ICT
open up opportunities for promoting democracy and wealth in poorer
countries. Efficiency-seeking FDI increases competitiveness and the
trademark of the competition law is the protection of those
principles and practices which facilitate the efficient functioning
of markets. Capital flows, in particular FDI, are one of the
crucial components of globalisation and international integration.
FDIs capitulate more benefits than other types of financial flows
in addition to increasing domestic capital stock. This book
describes in detail the law and economics of IPRs.
Globalisation is characterised by the increase of MNEs, an
increased role for international financial institutions, and/or an
explosion of multilateral agreements and arrangements. Vertical
integration mirrors the spatial dispersal of supplies, raw
materials, crucial inputs and intermediate products. MNEs reach
advantages owing to both vertical and horizontal integration.
Global network organisations more and more perceive the relocation
of HQ activities as the next movement in the optimisation of their
global networks. The EU should be transformed into a federation,
the United States of Europe (USE), with a common federal economy
solving current political, societal and economic problems within
EU. The United States of Europe (USE) would be a much more
attractive environment for the location of MNEs with all advantages
for the whole EU area, such as transfer of technology. s shift
income into low-tax states through transfer pricing and debt
financing. There is a swift development and emergence of e-MNEs on
such things as line shops and emergence of e-logistics, but there
is a long distance towards a real overwhelming spread of e-MNEs.
Risk management has become more and more important in the financial
industry. The business of global governance is set to become one of
the key international policy issues of the twenty-first century.
Globalization has let into the emergence of the called new/digital
economy which assimilates in a great degree IPRs. To that extent,
in a knowledge-driven economy, the successful protection of IPR is
emerging as a crucial ingredient of commercial triumph.
Intellectual Property Rights (IPRs) are the intangible capital
forming FDI that has significantly changed the landscape of the
global economy. Thus, IPRs protection is a vital means in
attracting FDI inflows contributing to the growth of a country.
Which is the role of IPRs in attracting FDI, GDP growth and Trade?
The current work via a quantitative analysis of IPRs laws of 79
countries and an econometric analysis provides an answer. The
present work is useful to Lawyers, Economists, Researchers and
College Students.
Governance designates all regulations intended for organisation and
centralisation of human societies on a global scale. The management
of corporations organises the efforts of individuals in order to
achieve aims and objectives using available resources inventively
and efficiently. Risk management is a practice of steadily choosing
cost-effective tactics for diminishing the consequence of threat
realisation to the corporation which cannot be evaded for the
reason that there are financial and practical limits, which means
the acceptance of some degree of residual risks. Cyberspace
strengthens national and global governance. E-business involves the
total digitisation of value chains and business processes, and
serving traditional organisations creates new value and reach up to
that time unattained heights of operational and financial
excellence. E-technology and e-commerce produce new challenges for
both risk management and corporate governance which could be solved
by effective utilisation of a continuous development of the means
of risk management such as information technology, logistics,
networks and a constantly improved ERM in order to comply with the
new developments. A highly educated personnel controlled by an
effective human resources management is a prime means for
accomplishment of effective risk management and corporate
governance in a 21st century digital economy.
21st century globalisation is distinguished by institutional and
political reforms in many countries such as gradual trade
liberalisation and international co-ordination of policies. This
author considers globalisation as a non-stop process leading to the
convergence of the civilisations, lower cost of production,
controlled freedom of communications, guarded advancements of
technology, shrinking of distances via advanced transportation
means and the economic funds utilise their powers demolishing any
local lawful revolutionary efforts exploiting the globe with a
fairly democratic way at present. The global economic funds should
avoid a gradually undemocratic exploitation of the globe in order
to bypass/avoid a global conflict looming in the end of the road of
an autocratic globalisation lacking any ethical values. Moreover,
globalisation has created centres of power that are alongside, even
in competition, with the power of states. Innovation demands
extensive up-front R&D costs and strong intellectual property
protection is not disconnected from competition principles, but
rather, is a vital part of antitrust policy as a whole. Sound
intellectual property rights protection creates the competitive
environment required to allow companies to profit from their
inventions, which encourages innovation efforts.
Globalisation is the phenomenon of improved integration of the
world economy as evidenced by the growth of international trade and
factor mobility. Globalisation involves primarily liberalisation of
trade in goods and services, and a free movement of direct and
portfolio capital. Nowadays, globalisation is distinguished in part
because of the major role of information technology and cyberspace.
Cyberspace includes a range of places connected to real space in
many different ways. A communications network changes the character
of existing space. Thus, changes in the ways that information is
experienced and the ways that economic, political, and personal
dealings are structured, change the nature of real space. There is
a shift from international law to law and globalisation providing a
new incentive for erasing the artificial boundary between public
and private international law. Despite the fact that international
financial institutions and MNEs are the engines of economic
globalisation, powerful states remain the vital drivers. Global
governance is defined as the amount of laws, norms, policies, and
institutions that identify, constitute, and mediate trans-border
relations between states, cultures, citizens, intergovernmental and
non-governmental organisations, and the market. Corporate
governance focuses wholly on protecting the interests of equity
claimants in a company, expanding its focus to deal with the
problems of "stakeholders" or non shareholder constituencies. New
communication and circulation technologies together with the
elimination of trade and investment barriers have shaped global
markets with global competition for corporate control, commodities,
services and capital. MNEs taking up a transnational strategy seek
to achieve concurrently global effectiveness and local
responsiveness with the assets and activities dispersed but
specialised.
In "Constitution, Arbitration and Courts", arbitration is examined
as it began, as an extra-judicial mechanism for resolving disputes.
Private arbitration predates the public court system. The ancient
Sumerians, Persians, Egyptians, Greeks, and Romans all had a
tradition of arbitration. Communities introduced arbitration
systems intended to resolve their communal conflicts in accordance
with custom, equity and internal law. Arbitration threatened a
momentous basis of judicial business, as well as judicial jobs
linked to the courts' caseloads. Courts perceived the growing
status of arbitration as a favoured means for resolving business
disputes and as a threat to their power. Courts have managed to get
in the way of the arbitration process and to gain a role in
arbitration. Thus, courts have taken the role of the guardian of
public policy in a state, and so arbitration is considered not to
be a safe, independent and fully alternative dispute mechanism.
International markets expand through better communication and
transport technology. Transport networks are at the heart of the
supply chain and are the foundation of any countrys economy.
Transport is a foundation of the European integration procedure.
The present framework of international carriage law is made up of a
collection of conventions. The legal document establishing the
contractual link between the parties involved in the contract of
carriage is the bill of lading. Ocean bills of lading have an
inherent value as security to banks that finance the sale of the
underlying cargo or the documents themselves, and they enable their
lawful holders to sell the cargo whilst in transit by transfer of
the document. Containerisation brought about a revolution in the
transport industry. All transport conventions set diverse liability
limits and mirror dissimilar communities of interest among
different transport modes. A carriers liability limitation in
international carriage conventions is a consequence of
international trade practice. The transport systems have become a
source of environmental and social costs. The author discusses
these issues and more in this important book on international
markets and transportation.
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