What you don’t know can’t hurt you: this seems to be the current approach for responding to disinformation by public regulators across the world. Nobody is able to say with any degree of certainty what is actually going on. This is in no small part because, at present, public regulators don’t have the slightest idea how disinformation actually works in practice. We believe that there are very good reasons for the current state of affairs, which stem from a lack of verifiable data available to public institutions. If an election board or a media regulator wants to know what types of digital content are being shared in their jurisdiction, they have no effective mechanisms for finding this data or ensuring its veracity. While there are many other reasons why governments would want access to this kind of data, the phenomenon of disinformation provides a particularly salient example of the consequences of a lack of access to this data for ensuring free and fair elections and informed democratic participation. This chapter will provide an overview of the main aspects of the problems associated with basing public regulatory decisions on unverified data, before sketching out some ideas of what a solution might look like. In order to do this, the chapter develops the concept of auditing intermediaries. After discussing which problems the concept of auditing intermediaries is designed to solve, it then discusses some of the main challenges associated with access to data, potential misuse of intermediaries, and the general lack of standards for the provision of data by large online platforms. In conclusion, the chapter suggests that there is an urgent need for an auditing mechanism to ensure the accuracy of transparency data provided by large online platform providers about the content on their services. Transparency data that have been audited would be considered verified data in this context. Without such a transparency verification mechanism, existing public debate is based merely on a whim, and digital dominance is likely to only become more pronounced.
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This article analyzes negative externalities that policymakers in one region or group may impose upon the citizens of neighboring regions or groups. These externalities may be material, but they may also be psychological (in the form of envy). The latter form of externality may arise from the production of `conspicuous public goods. As a result, decentralized provision of conspicuous public goods may be too high. Potentially, a centralized legislature may internalize negative externalities. However, in a model with strategic delegation, we argue that the median voter in each jurisdiction may anticipate a reduction in local public goods supply and delegate to a policymaker who cares more for public goods than she does herself. This last effect mitigates the expected benefits of policy centralization. The authors theory is then applied to the setting of civil conflict, where they discuss electoral outcomes in Northern Ireland and Yugoslavia before and after significant institutional changes that affected the degree of centralization. These case studies provide support for the authors theoretical predictions.
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Alternative dispute resolution (ADR) is constantly gaining ground, both at domestic and international level. New forms of dispute settlement with a mix of public and private components are emerging in fields where this was not the case until recent times, as some contributions to this Zoom-out have attempted to demonstrate. In the field of investment law we have witnessed a somehow opposite trend. Traditionally, disputes in this field have been settled by means of arbitral tribunals established mostly on the basis of bilateral or multilateral investment agreements (IAs) under a variety of arbitration facilities, which are collectively referred to as investor-to-State dispute settlement (ISDS). Traditional ISDS presents many characteristics of ADR, starting from the strong role that private parties play in it (for example when it comes to the appointment of arbitrators). The practice has shown that the system has clear advantages but also undeniable disadvantages. The prevailing opinion in recent years has been that the latter considerably outweigh the former, resulting in what has been termed the backlash against investment arbitration in a volume appeared a few years ago. In this contribution, how-ever, I will not dwell on the details of the crisis that has affected investment arbitration, nor will I engage in a discussion of whether that backlash is entirely justified. My focus will be much more modest. One of the most tangible consequences of this growing dissatisfaction towards investment arbitration is the launch on the part of the EU of a court-like system to settle investment disputes –the now famous investment court system (ICS) –as a replacement to old-fashioned ISDS. The ICS now features in all EU IAs, and has become the standard position of the EU when it comes to dispute settlement in this field. Recently, the ICS has also received the green light of the European Court of Justice (ECJ),raising doubts as to whether traditional ISDS has conclusively been sent to oblivion, at least in the EU. From a political and policy perspective, it is undoubtful that there is a strong stance on the part of the EU and of its Member States against traditional ISDS. This article, however, will focus exclusively on the legal dimension, by examining whether the ECJ’s decision should be read as meaning that investment arbitration is incompatible with the EU legal system. While itis clear that Opinion 1/17 means that the ICS is compatible with EU law, it remains to be seen whether the Court’s finding allows an a contrario reading. Namely, whether it entails the incompatibility with EU law of traditional ISDS. The analysis will start with a brief summary of the events and developments that preceded the creation of the ICS and eventually led to the current situation (Section 2), followed by an examination of the relevant parts of Opinion 1/17 (Section 3). This part will be followed by an appraisal of the possible legal implications of the decision (Section 4). Some conclusions will be offered in the closing section (Section 5) in the attempt to look beyond the boundaries of EU law. Part of topic "The blurring distinction between public and private in international dispute resolution"
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from the article : To gain competitive power, product designs and their production means have become more and more complex over the past decennia. Product designers are faced with the increasingly difficult task to guarantee steady behavior of the systems they produce. This requires thorough understanding of the complex principles that determine the behavior of these products. It starts with notion how the many parts, of which the product design consists, are cross-linked with each other and their surroundings. If the design relations act predictable then the product design behaves predictable, and the functional requirements have high certainty of being satisfied. Axiomatic Design offers a number of ways to model the relations in a product design in order to improve its predictability. The ‘information content’ or ‘entropy’ of the design is indicative for the behavior of a system. The information content in Axiomatic Design is in the jurisdiction of the Information Axiom. This chapter investigates if information could be applied in a broader context; to bring the whole of methods in AD under a single heading. According to the definition of information by Shannon and Weaver, a broader application may be applied for Axiomatic Design. Along this path, an alternative framework of different kinds of information is decomposed that can be used to analyze progression in a product design. ‘Useful information,’ proportional to the ‘ignorance of the designer after application of all his knowledge,’ is decomposed into three kinds of information that are applied to graphically monitor the design process as it evolves.
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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Kinderen buiten beeld. De leefsituatie van ongedocumenteerde kinderen in Nederland Dit artikel werpt licht op de omstandigheden waaronder kinderen zonder verblijfsstatus (ongedocumenteerde kinderen) opgroeien in Nederland en niet in beeld zijn bij de overheid. Het betreft uitgeprocedeerde kinderen en kinderen die nooit een asielaanvraag hebben ingediend. In beide gevallen gaat het om kinderen die met hun ouders een bestaan in de illegaliteit opbouwen. De data zijn afkomstig uit een studie naar de woon- en leefsituatie van 29 illegale kinderen tussen 6 tot 19 jaar oud. De kinderen benoemen problemen die gedeeltelijk samenvallen met die van andere kinderen in Nederland, ook kinderen die in armoede opgroeien. De problemen van ongedocumenteerde kinderen werken echter zwaarder door. Ook staan zij onder grote psychische druk. Ze leven met het geheim van hun juridische status, zijn bang door de politie te worden opgepakt, weten niet wie ze kunnen vertrouwen en ervaren hun toekomst als ongewis.
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Snelle technologische ontwikkelingen bieden kansen voor de maritieme sector. Zij maken de scheepvaart efficiënter, veiliger en schoner. De techniek heeft regelgeving en professionals nodig die ook klaar zijn voor de toekomst. Het lectoraat Maritime Law voert praktijkgericht onderzoek uit op de scheidslijn van recht en (maritieme) techniek samen met studenten, docenten, het bedrijfsleven en kennisinstellingen.
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Current research on data in policy has primarily focused on street-level bureaucrats, neglecting the changes in the work of policy advisors. This research fills this gap by presenting an explorative theoretical understanding of the integration of data, local knowledge and professional expertise in the work of policy advisors. The theoretical perspective we develop builds upon Vickers’s (1995, The Art of Judgment: A Study of Policy Making, Centenary Edition, SAGE) judgments in policymaking. Empirically, we present a case study of a Dutch law enforcement network for preventing and reducing organized crime. Based on interviews, observations, and documents collected in a 13-month ethnographic fieldwork period, we study how policy advisors within this network make their judgments. In contrast with the idea of data as a rationalizing force, our study reveals that how data sources are selected and analyzed for judgments is very much shaped by the existing local and expert knowledge of policy advisors. The weight given to data is highly situational: we found that policy advisors welcome data in scoping the policy issue, but for judgments more closely connected to actual policy interventions, data are given limited value.
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The 1983-1984 die-off of the long-spined sea urchin Diadema antillarum stands out as a catastrophic marine event because of its detrimental effects on Caribbean coral reefs. Without the grazing activities of this key herbivore, turf and macroalgae became the dominant benthic group, inhibiting coral recruitment and compromising coral reef recovery from other disturbances. In the decades that followed, recovery of D. antillarum populations was slow to non-existent. In late January 2022, a new mass mortality of D. antillarum was first observed in the U.S. Virgin Islands. We documented the spread and extent of this new die-off using an online survey. Infected individuals were closely monitored in the lab to record signs of illness, while a large population on Saba, Dutch Caribbean, was surveyed weekly before and during mortality to determine the lethality of this event. Within four months the die-off was distributed over 1,300 km from north to south and 2,500 km east to west. Whereas the 1983-1984 die-off advanced mostly with the currents, the 2022 event has appeared far more quickly in geographically distant areas. First die-off observations in each jurisdiction were often close to harbor areas, which, together with their rapid appearance, suggests that anthropogenic factors may have contributed to the spread of the causative agent. The signs of illness in sick D. antillarum were very similar to those recorded during the 1983-1984 die-off: lack of tube feet control, slow spine reaction followed by their loss, and necrosis of the epidermis were observed in both lab and wild urchins. Affected populations succumbed fast; within a month of the first signs of illness, a closely monitored population at Saba, Dutch Caribbean, had decreased from 4.05 individuals per m2 to 0.05 individuals per m2. Lethality can therefore be as high as 99%. The full extent of the 2022 D. antillarum die-off event is not currently known. The slower spread in the summer of 2022 might indicate that the die-off is coming to a (temporary) standstill. If this is the case, some populations will remain unaffected and potentially supply larvae to downstream areas and augment natural recovery processes. In addition, several D. antillarum rehabilitation approaches have been developed in the past decade and some are ready for large scale implementation. However, active conservation and restoration should not distract from the primary goal of identifying a cause and, if possible, implementing actions to decrease the likelihood of future D. antillarum die-off events.
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