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Article
Publication date: 20 November 2009

511

Abstract

Details

Library Hi Tech, vol. 27 no. 4
Type: Research Article
ISSN: 0737-8831

Article
Publication date: 27 January 2021

Tanjina Sharmin and Emmanuel Laryea

Over the past two decades, the application of most-favoured-nation (MFN) clauses in international investment agreements (IIAs) to dispute settlement matters has generated…

Abstract

Purpose

Over the past two decades, the application of most-favoured-nation (MFN) clauses in international investment agreements (IIAs) to dispute settlement matters has generated controversy. The purpose of this paper is to help resolve some of the controversies by examining the rule of law issues that may arise from such application of MFN.

Design/methodology/approach

The study describes controversies regarding the application of MFN to dispute settlement as per the extant literature on the subject. It explores the elements of rule of law in investor-state arbitration. The paper then analyses the implications of applying MFN to dispute settlement matters for the elements of rule of law. Based on such analysis, the study argues that the application of MFN to dispute settlement matters undermines certain elements of rule of law.

Findings

The paper has outlined the relevant elements of rule of law in investor-state arbitration as access to dispute settlement; judicial (or tribunal) independence, fairness and impartiality; consistency and predictability of law and decisions; transparency; accountability and subjection of dispute forums and systems to law. It found that the application of MFN undermines various components of rule of law, in particular of consistency and predictability and the requirement of tribunals to adjudicate within the limits of the law.

Originality/value

The findings of this study will help future investor-state arbitral tribunals to decide on the application of MFN to dispute settlement matters.

Details

Journal of International Trade Law and Policy, vol. 20 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 4 May 2010

U. Pagallo

The paper suggests overcoming the polarization of today's debate on peer‐to‐peer (P2P) systems by defining a fair balance between the principle of precaution and the principle of…

1188

Abstract

Purpose

The paper suggests overcoming the polarization of today's debate on peer‐to‐peer (P2P) systems by defining a fair balance between the principle of precaution and the principle of openness. Threats arising from these file sharing applications‐systems should not be a pretext to limit freedom of research, speech or the right “freely to participate in the cultural life of the community”, as granted by the Universal Declaration of Human Rights from 1948. The paper aims to take sides in today's debate.

Design/methodology/approach

The paper adopts an interdisciplinary approach, including network theory, law and ethics. The method draws on both theoretical and empirical material so as to stress the paradox of the principle of precaution applied to P2P systems and why the burden of proof should fall on the party proposing that one refrain from action.

Findings

Censors and opponents of P2P systems who propose to apply the principle of precaution to this case deny the premise upon which that principle rests. “Levels of evidence” required by the precautionary principle show that – in many cases in which the outcomes of technology are ignored – another principle is needed for orienting action, namely, the principle of openness.

Social implications

Alarm about how P2P systems undermine crucial elements of the societies often led to the ban of this technology. The paper illustrates why it should not be the case: rather than shutting these networks down, they should be further developed.

Originality/value

The paper provides the comprehensive picture of a far too often fragmented debate.

Details

Journal of Information, Communication and Ethics in Society, vol. 8 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 4 March 2014

Neil Kenneth McBride

The purpose of this paper is to present a novel mnemonic, ACTIVE, inspired by Mason's 1985 PAPA mnemonic, which will help researchers and IT professionals develop an understanding…

4428

Abstract

Purpose

The purpose of this paper is to present a novel mnemonic, ACTIVE, inspired by Mason's 1985 PAPA mnemonic, which will help researchers and IT professionals develop an understanding of the major issues in information ethics.

Design/methodology/approach

Theoretical foundations are developed for each element of the mnemonic by reference to philosophical definitions of the terms used and to virtue ethics, particularly MacIntyrean virtue ethics. The paper starts with a critique of the elements of the PAPA mnemonic and then proceeds to develop an understanding of each of the elements of ACTIVE ethics, via a discussion of the underpinning virtue ethics.

Findings

This paper identifies six issues, described by the mnemonic, ACTIVE. ACTIVE stands for: autonomy, the ability of the individual to manage their own information and make choice; community, the ethical effect of an information systems on the community which it supports; transparency, the extent to which the derivation of content and process in an information system is made clear; identity, the social and ethical effect of an information system on the definition and maintenance of the distinctive characteristics of a person; value, the value or moral worth placed on information associated with an individual and hence on the relationship with the individual; and empathy, the ability of the information systems professional to emotionally connect with the user and the extent to which the information system distances or connects.

Originality/value

The paper applies virtue ethics to developing a tool to help information professionals reflect on their ethical practice in developing and supporting information systems.

Details

Journal of Information, Communication and Ethics in Society, vol. 12 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 11 May 2023

Shivangi Verma and Naval Garg

With the growth and profound influence of technology on our life, it is important to address the ethical issues inherent to the development and deployment of technology…

Abstract

Purpose

With the growth and profound influence of technology on our life, it is important to address the ethical issues inherent to the development and deployment of technology. Researchers and practitioners submit the need to inspect: how technology and ethics interact, how ethical principles regulate technology and what could be the probable future course of action to execute techno-ethical practices in a socio-technical discourse effectively. To address the thoughts related to techno-ethics, the authors of the present study conducted exploratory research to understand the trend and relevance of technology ethics since its inception.

Design/methodology/approach

The study collected over 679 documents for the period 1990–2022 from the Scopus database. A quantitative approach of bibliometric analysis was conducted to study the pattern of authorship, publications, citations, prominent journals and contributors in the subject area. VOS viewer software was utilized to visualize and map academic performance in techno-ethics.

Findings

The findings revealed that the concept of techno-ethics is an emerging field and requires more investigation to harness its relevance with everchanging technology development. The data revealed substantial growth in the field of techno-ethics in humanities, social science and management domain in the last two decades. Also, most of the prominent cited references and documents in the database tend to cover the theme of Artificial Intelligence, Big data, computer ethics, morality, decision-making, IT ethics, human rights, responsibility and privacy.

Originality/value

The article provides a comprehensive overview of scientific production and main research trends in techno-ethics until 2022. The study is a pioneer in expanding the academic productivity and performance of embedding ethics in technology.

Details

Library Hi Tech, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0737-8831

Keywords

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