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Commercial arbitration and personal data protection is an aspect of the theoretical dispute regarding interference of public law norms in private law or vice versa, sometimes the qualification of influence depending on the branch from which the regulation is analyzed. Rethinking data protection in the European Union has a significant impact on commercial arbitration. In the first part of the article we note the role of data protection rules in arbitration. For the arbitral tribunal, data protection is a public law obligation, which joins its own confidentiality. First of all, it is significant for disclosing the obligations of arbitral tribunals regarding the protection of personal data, for the establishment of technical and organizational measures. Recent documents are analyzed, such as the ICCA-IBA Roadmap to Data Protection in International Arbitration. In the second part, we consider elements of cyber security specific to commercial arbitration. In the third part of the article, we note the role of arbitration in resolving disputes in the field of personal data protection.
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Amongst the concerns to relaunch the multilateral cooperation on climate, in the perspective of COP-26, a new civic and scientific initiative aims for elaborating the project of a new international treaty on non-proliferation of fossil fuels, following the model of an existing one, the 1969 treaty on non-proliferation of nuclear weapons. It is desired, therefore, to complete the provisions of the Paris Agreement regarding the objective of climate neutrality by a concentrated approach between the production of fossil fuels and the reduction of the GHG emissions. The document promoted by the Climate Action Network follows its own political and diplomatic path to materialize such an effort.
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Assuming the objectives of the Paris Agreement (2015) and its role as a global leader in promoting the global response to the challenges of climate change, the EU has adopted in the past years a complex package of policies, strategies, and rulings regarding the creation of a new vision and the establishment of the appropriate juridical and institutional framework for the European action in the field. After the Resolution of the European Parliament of November 28th, 2019, which declared a “climate and environmental emergency”, the European Commission has launched, on the following December 11th, the European Green Deal, and for its enforcement over 50 key actions, all involving a new “legal package” including revisions of existing regulations and adopting new ones. In this context, the Regulation (EU) 2021/1119 of June 30th, 2021, establishes the framework for climate neutrality and for its development have been announced, on the following July 14th, the first 13 foreshadowed regulations. The Regulation (the European climate law) makes compulsory objectives such as reaching climate neutrality by 2050, intermediary objectives such as the reduction of GHG emissions by 2030 and 2040, the adaptation establishing constant revisions and the suitable mechanism, it institutes the involvement of the European Scientific Consulting Council, and revises Regulation (EU) 2018/1999 on the energy union, thus establishing the basis for a new climate legal pack. In the meantime, the entire legal order of the EU becomes more open towards the eco-climatic problematic, favors the creation of the EU climate law and, on the one hand, generates adequate developments in the internal legal systems of the member states, while on the other hand, by the power of example and the interaction of legal systems, it influences the world climate law. By its decisions (the Declaration on Forests, the Global Pact for Methane, and the technical and procedural regulations) the COP26 (Glasgow, Scotland) contributes to the progress of the enforcement of the Paris Agreement, it expresses the increased contribution of the EU to the global ecological and climate reaction, and positively influences the evolution of the legal framework in the field. Thus, the conceptual and regulatory founding of a legal edifice specific to climate are being born.
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In recent years there has been a growing awareness of the need to preserve the digital cultural heritage, a part of which is at significant risk of being lost. In light of the pressing demands to develop informed and targeted strategies, this article analyses UNESCO’s approach towards the preservation of the digital cultural heritage. Being the lead UN agency in the field of cultural heritage preservation, the organization responded to the challenge early on, notably by adopting the Charter on the Preservation of Digital Heritage. The article thus outlines UNESCO’s competencies regarding the digital cultural heritage as well as its concept thereof, before examining the organization’s strategies for the preservation of digital cultural heritage. Furthermore, by providing an outlook on some emerging trends, i.e. increasing privatization and commercialization, future requirements are identified.
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This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinforcers of a status quo that privileges colonial possession of heritage. In order to pursue this thesis, the article focuses on the ways in which the digitization of heritage was suggested – in the context of the Sarr-Savoy Report about the return of objects from French museums to certain African countries – to constitute a precondition for the return of cultural objects taken during colonialism. Drawing on that report, as well as on the responses to it, the article queries whether and how digitization can work to redress (or unfortunately, in some cases reinforce) the harms of colonialism.
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Although digitization has become a word that is almost synonymous with democratization and citizen participation, many museums and other cultural heritage institutions have found it difficult to live up to this political vision of inclusivity and access for all. In Sweden, political ambitions to digitize the cultural heritage sector are high. Yet, institutions still struggle to reconcile their previous practices with new technologies and ethical guidelines for collecting and curating material. In this article we identify, analyse, and try to find resolutions for the current gap that exists between cultural heritage practice and government policy on digitization, open access, and research ethics. By examining two Swedish examples of Holocaust collections that have not been digitized because of internal policies of secrecy and confidentiality, we attempt to demonstrate how discourses about vulnerability affect the ways in which certain archival practices resist policies of accessibility and ethical research. In order to unpack the discourses on vulnerability, Carol Bacchi’s post-structural approach to policy analysis has been used together with Judith Butler’s theories on vulnerability and resistance. In addition to understanding how cultural heritage institutions in Sweden have protected some of their collections and how this has obstructed efforts to make these collections more accessible, we also offer some suggestions on how these issues can be resolved by reimagining digitization as transformation.
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The digitization of cultural heritage has become a common practice among cultural and educational institutions. The Internet and the widespread of new technologies have made the heritage more accessible and facilitates cultural exchange. However, digitization both raises challenges and creates opportunities for the sustainable and appropriate treatment of Indigenous digital cultural heritage collections, as the use of new technologies may render such heritage more vulnerable to misappropriation and misuse. It is therefore vital to investigate the possibilities of Intellectual Property tools to protect, preserve, and promote such heritage. This article addresses the following questions with respect the Indigenous heritage: What is the nature of the relationship between IP protection and the safeguarding of intangible heritage?; What are the consequences of misappropriation and misuse of traditional cultural expressions for Indigenous Peoples?; and What is the impact of digitization on Indigenous cultural heritage?
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It is generally accepted that stolen cultural objects shall be returned, but it is still a more complex and comparatively ambiguous matter when it comes to solving cases left over by history. The Six Stone Horse Reliefs are one of the most influential works of art in Chinese history, but unfortunately the beginning of 20th century witnessed the political and social upheaval of China, which resulted not only in people’s suffering but also in the loss of the cultural relics. The Six Stone Horse Reliefs were stolen and broken in China. Two of the six stone horses, called Sa Luzi and Quan Maogua, were illegally shipped to the United States and today are exhibited at the University Museum of Pennsylvania. While referring to the example of the Six Stone Horse Reliefs, this article puts forward the argument for using soft-law instruments to break through the shortcomings of existing international treaties and the limitations of domestic law.
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