New Technologies in International Law / Tymofeyeva, Crhák et al.
S ummary
This monograph offers a structured and comprehensive examination of the intersection between technology and public international law, guiding readers through a range of topics and perspectives that highlight the challenges and opportunities presented by the rapid advancements in the digital age. The conference monograph is divided into seven chapters, each focusing on a specific area of public international law. These chapters provide in-depth analysis and insights into the implications of new technologies on the respective aspects of international legal norms and frameworks. Chapter I, Humanitarian Law, is divided into two parts. Firstly, Michael J. Pollard examines the debate over autonomous weapons systems (AWS), particularly armed swarming drones, and the lack of a broadly agreed definition for AWS. His article underlines the potential breach of International Humanitarian Law if swarms are directed to target individuals based on specific characteristics. According to his view, when interpreted in good faith, AWS deployments may be regarded unlawful under Article 51(5)(b) Additional Protocol I to the Geneva Conventions. This is followed by Triantafyllos Kouloufakos , who addresses the vulnerability of critical infrastructure to cyberattacks, emphasizing the challenges in safeguarding them under international law. It investigates potential pathways, with an emphasis on the due diligence obligation of no harm and the non-intervention principle. The first section investigates the no-harm principle’s relevance beyond international environmental law, proposing adaptations for usage in cyberspace. The second section delves into the rule prohibiting intervention, analyzing the issues of applying coercion and domaine réservé to cyberspace and proposing modification to overcome these difficulties. Chapter II, International Justice, consists of two contributions. In the first, Mohamed Gomaa provides an analysis of the impact of digital transformation (DT) and information and communication technology (ICT) on the efficiency of judicial systems worldwide, particularly in response to the challenges posed by the COVID-19 pandemic. The research involves cross-sectional data analysis of 40 countries, considering parameters such as the number of judges, budget, and disposition time. The findings reveal a significant positive correlation between the use of DT/ICT and improved access to justice. In the second contribution, Marcin Gudajczyk raises concerns about the growing reliance on digital technologies and the internet, leading to an increase in cybercrime. He argues that the challenges of obtaining electronic evidence stored in other jurisdictions necessitate the introduction of new cross-border judicial cooperation mechanisms, such as direct requests to foreign digital service providers. Special attention is paid to the Regulation of the European Parliament and Council on European Production Orders and European Preservation Orders, adopted in July 2023, presenting its mechanisms for securing digital evidence and addressing potential controversies and threats in terms of international fair trial standards and human rights protection. In a diversified Chapter III, Environmental and Space Law, first contributor, Lucia Bakošová , reflects on the need for legal regulation in the era of Industry 4.0, focusing on the specific difficulties brought by artificial intelligence (AI), especially its
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