Suchergebnisse

The European Union selected achieving a leadership position in the AI sector as one of the priorities for the future of the bloc as a whole. Economic reasons are behind this decision, but they are not the exclusive motive behind this objective. Undeniably, AI will have an enormous impact on world's economy and if the EU falls behind, the standards of living that citizens of the Union currently enjoy may be at risk. Furthermore, there is also the question of keeping European values, principles and ethical standards alive in this technological transition. To achieve the leadership position it desires, it is essential for the EU to possess an updated, producer-friendly legal framework, that manages, at the same time, to ensure consumer protection and safe development of AI. One of the legal instruments that may need to be amended is the Product Liability Directive. In this paper we will study the Product Liability Directive and its shortcomings on AI regulation, along with the possible solutions to adapt the EU product liability legislation to this new technological challenge. We will assess what solutions are best suited to apply in the EU and fulfil the objective of achieving leadership in the sector.

The issue of the military order is a very complex one. When giving or executing an order, one should always take into account the necessity to make choices. The decisions taken may in the future imply criminal liability as a consequence of the order that is contrary to legal norms, or executing it. The purpose of the article is to present the problem of giving an order from the perspective of the crimes committed in the former Yugoslavia, with a detailed account of the R. Krstic's case. The author tried to answer the questions: What is the scope of the commander's liability? Is he liable only for the orders he has given? Does this liability extend to the behavior of his subordinates as well? In the presented article an analysis of selected court cases important from the point of view of the problem of giving an order was carried out. For this purpose, the regulations of International Military Tribunal at Nuremberg were analyzed. Subsequently, an analysis of selected court cases being investigated under the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia. In conclusion are indicated the regulations of International Criminal Tribunal for Rwanda and the regulations of the Rome Statute of the International Criminal Court.

This article discusses governmental responsibility for recreation; describes the properties, services, and programs of several federal agencies; and indicates the state agencies providing recreation, their areas, facilities, and serv ices. A major part deals with local recreation parks, facilities, playgrounds, indoor and community-wide activities, and leadership. It indicates the authori ties responsible for local recreation service and describes co-operative planning methods.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness, fault and compensation - namely when applying Art. 41 of the European Convention on Human Rights (ECHR). Methodological approaches to the tort law of the ECHR as well as the perspectives of human rights and tort law and public international law are also addressed

Abstract: The case of Yearworth decided by the Court of Appeals of England and Wales (2009) put the application of tort law and contract law to the test in several respects. A claim was brought by a number of men who had undergone treatment for cancer and therefore stored their sperm, which was negligently destroyed by the hospital, causing the men a psychiatric injury. It is thus a case of shock injury suffered consequential to an initial harm. However, what has been destroyed: a body part that constitutes a personal injury or damage to property? In addition, how is liability for a shock injury in such a case or other cases delimited? I argue that the assessment cannot be driven by an introspective definition of the concepts of harm. Instead, it is necessary to grasp the nature of the initial harm caused by the tortfeasor - including the rights (or protected interests) and duties related to that initial harm - and the normative correlation to the final personal injury (shock injury) suffered by the injured person. A model for making that assessment is presented here from a Swedish tort law perspective on shock injuries consequential to the destruction of biological material and property in general.

How should tort law deal with agents that employ novel and imperfectly understood technologies that later turn out to involve harm? There is no agreement among different legal systems whether strict liability or negligence rules should govern these so-called 'development risks'. The law-and- economics literature, however, has predominantly favored strict liability. The present paper shows that the choice depends on the characterization of how society learns about technology risks. When experiential public data is an irreducible input into learning, theory justifies the use of specific negligence rules in order to govern development risks. We reconcile the existence of the negligence doctrine for development risks with the theoretical literature using a simple two-period unilateral care model. There, an optimally designed negligence rule can provide a better balancing of benefits, harm to third parties, costs of care effort, and the value of information from learning than strict liability. If feasible, the optimal negligence rule partitions the population of potential users into two groups. Only the high benefit group engages in the risky activity, subject to due care levels designed to deter the low benefit group.

Although some recent literature suggests religious social service agencies can help governments reach important social program goals, the true social organization and services of the agencies remain in dispute. This article interviews officials in the wide class of "faith‐related" agencies in two cities to consider two aspects of this issue: the ties or "coupling" of agencies to faith, and the impact of coupling on agency structure and service programming. The results suggest that many sampled agencies are loosely tied to faith in terms of resources, more tightly coupled in terms of authority, and moderately coupled with respect to culture; that certain aspects of service‐delivery technology are heavily secularized in many agencies; that faith is more influential in such matters as the agencies' choices of services; and that the larger, potentially more secularized agencies that might be least likely to be characterized as faith based balance differing sets of resources and thereby can more fully deliver services that arguably express faith in action. Given this finding and that most agencies profess a focus on protecting the dignity and rights of clients rather than on individual responsibility or other themes that are stressed by some recent policy proposals, governments need to be extremely selective in funding agencies to promote those proposals' themes.