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Robustness of software
Get PDFIn the English civil court case Bates v Post Office Limited, the properties of the Post Office Horizon transaction-processing system were investigated and argued. Anthony de Garr Robinson QC for the Post Office defined “robustness” of the Horizon software-based system. The concept of robustness was at the core of the defendant’s argument, which was that Horizon was “robust”, if not infallible. This article sets out that the vocabulary deployed by Mr de Garr Robinson is not used in this way in computing, whether or not it is conceptually clear.
Index words: software, electronic documents, electronic evidence, computer evidence, robus
Case translation: Switzerland
Get PDFPEN 17 16 DIP, Regionalgericht Emmental-Oberaargau, Strafabteilung (Regional Court Emmental-Oberaargau, Criminal Division), 30 May 2018
Switzerland; criminal law; traffic violation; Autobahn; Tesla motor vehicle ‘Traffic-Aware Cruise Control’ and ‘Autosteer’ mode engaged; collision; driver failed to control vehicle; Convention on Road Traffic, Vienna; evidential value of report by Tesla Motors Switzerland Gmb
The EU Response to the 2015 Refugee Flows: A Missed Opportunity to Use the Temporary Protection Directive?
Get PDFFollowing the mass influx of people in Europe after 2011 and the Arab Spring uprisings, Europe has been admitting refugees into its borders predominantly under the Dublin III Regulation. However, Dublin III was never intended to be an emergency tool for asylum seekers, but became one as most entries take place through irregular routes.
Europe received around 1.3 million asylum seekers in 2015 which is the highest number of asylum applications in its history. Questions are raised as to why Europe refrained from using the Temporary Protection Directive which serves exactly the purpose of establishing minimum standards for giving temporary protection and promoting a balance of efforts between Members States when receiving displaced persons. This Directive arguably provides a solution for the burden sharing issues that Europe has been facing which cause the rise of nationalism in many border States such as Italy and Greece as they are the main hosts of asylum seekers.
Europe has also been entering into questionable agreements such as the EU-Turkey deal that does not necessarily comply with International Humanitarian Laws or jus cogens principles such as non-refoulement. Europe’s avoidance of the use of the Temporary Protection Directive raises a lot of questions. It brings to the surface the politics that surround the asylum process of the European Union and sheds light on the growing need of the EU to close its borders and avoid offering protection to people in need. This notion of border strengthening controls seems to be growing. As a result, the Union continues to use questionable agreements and the implementation of the Dublin III Regulation as an emergency measure instead of using the Temporary Protection Directive to promote fair sharing and solidarity.
This article will examine the reasons behind the non-implementation of the Temporary Protection Directive to demonstrate that Europe does not wish to assist asylum seekers but keep them out of its territory. Moreover, this article supports that the mass influx of asylum seekers during the Arab-Spring uprisings was a missed opportunity to activate the Directive that has now become obsolete as it is unlikely to ever be activated
Welcome to the IALS Student Law Review
Get PDFIn this Editorial, Tugçe Yalçin (Editor-in-Chief of ISLRev, Institute of Advanced Legal Studies, University of London) welcomes you to the Autumn 2020 issue of the IALS Student Law Review (ISLRev) and introduces the articles featured in this issue of the journal
The Irish Mediation Act 2017: Much done, more to do
Get PDFThe Irish Mediation Act 2017 was intended to cement the place of mediation in the civil justice system. A key part of the Act is the regulation of mediation. The Act contains a series of regulatory measures affecting how mediation is practised and organized as a profession. This article shows how the Act has achieved one of these regulatory goals (the regulation of the practice of mediation), while failing to achieve the second (the organization of mediation as a profession). Drawing a comparison with other jurisdictions, the article shows how the failure to fully implement some of the provisions of the Mediation Act 2017 has stymied the development of mediation in Ireland
Legislative Developments in Cybersecurity in the EU
Get PDFCyber-attacks have become a very serious issue in Europe, targeting essential services such as national health systems, banks, electoral campaigns or mobile services. There is certainly no one single solution to the need to improve cybersecurity, but a wide range of collective and far-reaching technical and legal measures may make it as hard as is possible for those who want to attack the security of infrastructures, services and products. This article aims to aid our understanding of cybersecurity, cyber threats, cyber-attacks and cyber defence from both legal and technological perspectives. It discusses the most recent EU cybersecurity legislative movements and considers whether current legal and technical measures, including the newly adopted EU Cybersecurity Act 2019, have provided efficient solutions to respond to radically changed cyber threats and attacks, in particular in critical services in the EU. It offers insights into the scope and limitations of technical measures in achieving the highest possible level of cybersecurity due to the unpredictable nature of certain cyber-attacks
Two Dimensions of the Rule of Law: A Reminder from Hong Kong
Get PDFIn this article, two dimensions of the rule of law, namely the ‘rule of’ dimension and the ‘law’ dimension, are discussed with reference to the ongoing protests in Hong Kong. The meaning and the linguistic boundaries of ‘rule of’ and ‘law’ are explored, and relevant theories of the rule of law are also considered. By analysing the dimensions of ‘rule of’ and ‘law’, we understand that the usage of the term may reveal the ambit of rule of law. The question of whether some ideas count as conceptions of the rule of law can be answered to some extent. More importantly, on the view of the rule of law that I defend, governments are not free to blame the governed for undermining the rule of law, and they are bound to do what the rule of law requires when making their official representations and statements
