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Masaryk University Journal of Law and Technology
Journal Prestige (SJR): 0.124

Number of Followers: 0

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ISSN (Print) 1802-5943 - ISSN (Online) 1802-5951
Published by Masaryk University

[11 journals]

International Jurisdiction in Cross-Border Infringement of Personality
Rights
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  Authors: Anabela Susana de Sousa Gonçalves
  Pages: 125 - 142
  Abstract: The legal provision applicable to determine the jurisdiction to decide claims regarding the cross-border infringement of personality rights is Article 7, Section 2, of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia). Article 7, Section 2, gives jurisdiction in non-contractual matters to the court of the place where the harmful event occurred or may occur. Called to interpret the concept of place where the harmful event occurred, the ECJ was forced to make an interpretative effort in case of online infringement of personality rights. It was so, because the information that is placed online can be accessed in any country. The offenses that occur on the Internet can have a global reach and cause damage with greater geographical extension and repercussions in the legal sphere of the victim, especially due to the geographical wide location of its users. The aim of this study is to highlight the latest trends of the Court of Justice of the European Union regarding this topic.
  PubDate: 2022-09-30
  DOI: 10.5817/MUJLT2022-2-1
  Issue No: Vol. 16, No. 2 (2022)
Dispute Resolution Mechanism for Smart Contracts
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  Authors: Marina Kasatkina
  Pages: 143 - 162
  Abstract: Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.
  PubDate: 2022-09-30
  DOI: 10.5817/MUJLT2022-2-2
  Issue No: Vol. 16, No. 2 (2022)
Data Protection has Entered the Chat: Analysis of GDPR Fines
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  Authors: Nimród Mike
  Pages: 163 - 213
  Abstract: Before the adoption of the EU-GDPR, researchers remarkably argued on law enforcement of personal data protection being „toothless” and a “paper tiger”. Almost three years after its enforcement date, the GDPR fines are increasing, and the world is beginning to witness the effect of sizeable fines awarded to organizations. This analysis aims to discover potential correlations between GDPR fines, and equally the lack of them. Such correlations might help to tap into trends that are followed by Data Protection Authorities (DPA) in their fining practices. This paper specifically describes the fines issued by the Romanian DPA, while also containing qualitative research findings extracted from discussions with interview subjects. The aim of this paper is to evaluate the possibility to construct a prediction model that is based on linear regression analysis and provide for future direction on the field of legal data analysis.
  PubDate: 2022-09-30
  DOI: 10.5817/MUJLT2022-2-3
  Issue No: Vol. 16, No. 2 (2022)
Plea of Necessity: Legal Key to Protection against Unattributable Cyber
Operations
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  Authors: Jakub Spáčil
  Pages: 215 - 239
  Abstract: Cyber operations represent one of the main security threats today. The number of cyber operations attacking critical infrastructure is increasing year by year and states are looking for means to defend against this threat. However, the origin of hostile cyber operations is often located in the territory of another state, and attacked states must therefore grapple with the question of international law in their search for an effective defence mechanism. If states wish to defend themselves actively, the sovereignty of another state may be infringed, and such an infringement must be justified by an instrument of international law. These instruments of international law are retorsion, countermeasures, self-defence and plea of necessity. Application of plea of necessity, unlike the other alternatives mentioned, is not premised on the attributability of the cyber operation to the state, and it is precisely the attribution of cyber operation that poses one of the main problems of taking legal defensive measures. The article is divided into two parts. The first part is devoted to the relationship between retorsion, countermeasures, self-defence and plea of necessity. The second part discusses the conditions for the application of plea of necessity in the cyber context. The text takes into account the available state practice, in particular the national positions on the application of plea of necessity in the cyber context published in the last three years.
  PubDate: 2022-09-30
  DOI: 10.5817/MUJLT2022-2-4
  Issue No: Vol. 16, No. 2 (2022)
AI-Based Decisiona and Disappearance of Law
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  Authors: Yulia Razmetaeva, Natalia Satokhina
  Pages: 241 - 267
  Abstract: Based on the philosophical anthropology of Paul Ricoeur, the article examines, using the example of AI-based decisions, how the concept of responsibility changes under the influence of artificial intelligence, what a reverse effect this conceptual shift has on our moral experience in general, and what consequences it has for law. The problem of AI-based decisions is said to illustrate the general trend of transformation of the concept of responsibility, which consists in replacing personal responsibility with a system of collective insurance against risks and disappearing of the capacity for responsibility from the structure of our experience, which, in turn, makes justice and law impossible.
  PubDate: 2022-09-30
  DOI: 10.5817/MUJLT2022-2-5
  Issue No: Vol. 16, No. 2 (2022)