The Oxford Handbook of Law, Regulation and Technology
The Oxford Handbook of Law, Regulation and Technology

Author: Roger Brownsword

Publisher: Oxford University Press

Published: 2017-07-24

Total Pages: 1342

ISBN-13: 0191502235

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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Voices at Work
Voices at Work

Author: Alan Bogg

Publisher: OUP Oxford

Published: 2014-04-03

Total Pages: 529

ISBN-13: 019150565X

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This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

The Law of Global Governance
The Law of Global Governance

Author: Eyal Benvenisti

Publisher: BRILL

Published: 2014-06-11

Total Pages: 334

ISBN-13: 9004279121

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Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.

Technology
Technology

Author: Penny Crofts

Publisher: Routledge

Published: 2021-04-30

Total Pages: 114

ISBN-13: 1000381463

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Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.

Regulatory Transformations
Regulatory Transformations

Author: Bettina Lange

Publisher: Bloomsbury Publishing

Published: 2015-09-10

Total Pages: 274

ISBN-13: 1782255443

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The issue of whether transnational risk can be regulated through a social sphere goes to the heart of what John Ruggie has described as 'embedded liberalism': how capitalist countries have reconciled markets with the social community that markets require to survive and thrive. This collection, located in the wider debates about global capitalism and its regulation, tackles the challenge of finding a way forward for regulation. It rejects the old divisions of state and market, citizens and consumers, social movements and transnational corporations, as well as 'economic' and 'social' regulation. Instead this rich, multidisciplinary collection engages with a critical theme-the idea of harnessing the regulatory capacity of a social sphere by recognising the embeddedness of economic transactions within a social and political landscape. This collection therefore explores how social norms, practices, actors and institutions frame economic transactions, and thereby regulate risks generated by and for business, state and citizens. A key strength of this book is its integration of three distinct areas of scholarship: Karl Polanyi's economic sociology, regulation studies and socio-legal studies of transnational hazards. The collection is distinct in that it links the study of specific transnational risk regulatory regimes back to a social–theoretical discussion about economy–society interactions, informed by Polanyi's work. Each of the chapters addresses the way in which economics, as well as economic and social regulation, can never be understood separately from the social, particularly in the transnational context. Endorsement 'This thought-provoking collection asks the most critical question of our time – how to civilise markets through social accountability and political action. The climate and financial crises we face show how crucial this challenge is. Lange, Haines and Thomas have put together a series of fruitful case studies of the possibilities for embedding economic relationships in social relationships by a series of top-class researchers within their own illuminating and sensitive framing of the issue'. Professor Christine Parker, Professor of Regulatory Studies at Monash University.

World Development Report 2016
World Development Report 2016

Author: World Bank Group

Publisher: World Bank Publications

Published: 2016-01-14

Total Pages: 359

ISBN-13: 1464806721

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Digital technologies are spreading rapidly, but digital dividends--the broader benefits of faster growth, more jobs, and better services--are not. If more than 40 percent of adults in East Africa pay their utility bills using a mobile phone, why can’t others around the world do the same? If 8 million entrepreneurs in China--one third of them women--can use an e-commerce platform to export goods to 120 countries, why can’t entrepreneurs elsewhere achieve the same global reach? And if India can provide unique digital identification to 1 billion people in five years, and thereby reduce corruption by billions of dollars, why can’t other countries replicate its success? Indeed, what’s holding back countries from realizing the profound and transformational effects that digital technologies are supposed to deliver? Two main reasons. First, nearly 60 percent of the world’s population are still offline and can’t participate in the digital economy in any meaningful way. Second, and more important, the benefits of digital technologies can be offset by growing risks. Startups can disrupt incumbents, but not when vested interests and regulatory uncertainty obstruct competition and the entry of new firms. Employment opportunities may be greater, but not when the labor market is polarized. The internet can be a platform for universal empowerment, but not when it becomes a tool for state control and elite capture. The World Development Report 2016 shows that while the digital revolution has forged ahead, its 'analog complements'--the regulations that promote entry and competition, the skills that enable workers to access and then leverage the new economy, and the institutions that are accountable to citizens--have not kept pace. And when these analog complements to digital investments are absent, the development impact can be disappointing. What, then, should countries do? They should formulate digital development strategies that are much broader than current information and communication technology (ICT) strategies. They should create a policy and institutional environment for technology that fosters the greatest benefits. In short, they need to build a strong analog foundation to deliver digital dividends to everyone, everywhere.

Regulating Crypto
Regulating Crypto

Author: Saskia Hufnagel

Publisher: Taylor & Francis

Published: 2024-12-09

Total Pages: 167

ISBN-13: 1040274099

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This book brings together experts from different fields and with different jurisdictional focuses to provide fresh ideas and deep insights into crypto regulation. Cryptoassets engage many different areas of law, with their own specific terminologies, uncertainties, and regulatory fragmentation. Unsurprisingly, then, crypto has faced calls for new laws, for reform of existing laws, and in some instances outright banning. Against this backdrop, this collection explores different aspects of crypto regulation, with reference to current developments, such as the Markets in Crypto-Assets Regulation, and technological innovations, including central bank digital currencies, smart contracts, and non-fungible tokens. Market, user and law-/policy-maker perspectives are examined to explore not only innovation and opportunities, but also regulatory and policy challenges. This volume will be a key resource for scholars and practitioners of law, finance, public policy, criminology and economics. It was originally published as a special issue of Law and Financial Markets Review.

Trust in Regulatory Regimes
Trust in Regulatory Regimes

Author: Frédérique Six

Publisher: Edward Elgar Publishing

Published: 2017-01-27

Total Pages: 261

ISBN-13: 1785365576

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Within political and administrative sciences generally, trust as a concept is contested, especially in the field of regulatory governance. This groundbreaking book is the first to systematically explore the role and dynamics of trust within regulatory regimes.

Cyber Security and Policy
Cyber Security and Policy

Author: Andrew Colarik

Publisher: Massey University Press

Published: 2017-04-01

Total Pages: 248

ISBN-13: 0994141599

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A world without the advantages and convenience provided by cyberspace and the internet of things is now unimaginable. But do we truly grasp the threats to this massive, interconnected system? And do we really understand how to secure it? After all, cyber security is no longer just a technology problem; the effort to secure systems and society are now one and the same. This book discusses cyber security and cyber policy in an effort to improve the use and acceptance of security services. It argues that a substantive dialogue around cyberspace, cyber security and cyber policy is critical to a better understanding of the serious security issues we face.

Big Tech Firms and International Relations
Big Tech Firms and International Relations

Author: Li Sheng

Publisher: Springer Nature

Published: 2022-08-05

Total Pages: 131

ISBN-13: 981193682X

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This book presents cutting-edge research and exploration of the role of nation-state when big tech firms present themselves as new participants in contemporary international relations that act on an equal footing with nation-states. The general research goal of this book is to identify the justifications that nation-states have adopted to regulate the big tech firms and the impacts of this process on international trade in the main economies in the world. With the massive instrumentation of data, big tech firms have become actors with the capacity to intervene not only in economies but also, above all, in the politics of different countries with different systems. The emergence of big tech firms has transformed the approach to the concepts of national security, information management and access to new technologies among nation-states. The principles and fundamentals of cyber sovereignty have become one of the bases of states in the contemporary system of international relations. Today, the influence of big tech firms in different societies in the contemporary world is one of the main forms of power. This book tries to collect and present the recent state of the art in studies on the relationship between big tech firms and nation-states in the literature. It also addresses how governments such as those of the US, China and the EU are changing their legislation, creating control and data security mechanisms, imposing entry restrictions on foreign companies, and regulating the actions beyond the cloud of big tech firms inside and outside their borders.