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On 24 June 2021, China requested consultations with Australia pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement) and Article 30 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) with respect to the measures and claims set out below.
This chapter focuses on how AI influences arbitrators’ core tasks and decision-making – a development often described as ‘centaur arbitration’ – while recognising that, for now, the widespread use of AI by counsel is the main driver pushing this evolution forward. We address three central questions: (a) How do arbitrators currently use AI, and how might this develop in the future? (b) What challenges arise, and how do emerging guidelines seek to address them? (c) How does the use of AI by all arbitration participants affect the tribunal’s role and the balance between party autonomy, due process, and efficiency? By examining current practices alongside likely future developments, this chapter offers insights for practitioners and policymakers navigating the rapidly changing intersection of AI and arbitration. It shows how AI may redefine the tribunal’s responsibilities and reshape relationships within proceedings, highlighting the need for proactive regulation and thoughtful adaptation. Rather than advancing a normative conclusion, we aim to encourage reflection on how technological progress may influence our understanding of fairness, justice, and procedural integrity in arbitration.
Chapter 3 addresses legal developments concerning the protection of future generations. It reviews scholarly writing, foundational cases outside the climate change content, and strategic youth climate litigation developments in the United States and around the world. It also reviews how international law instruments address the protection of future generations, largely with merely aspirational language. The chapter explores the challenge the law faces in seeking to define “future generations” and how strategic litigation around the world has offered different classifications and legal theories in seeking to raise the law’s ambition in protecting these vulnerable populations from climate change impacts. The chapter also provides in-depth analysis of the foundational Minors Oposa case from the Philippines and examines how the legal theory from that case is reflected in recent strategic climate litigation seeking to protect future generations in the domestic courts of many nations with varying degrees of success. Building on Minors Oposa, the cases relying on constitutional rights-based theories to protect future generations’ interests have enjoyed the most success in the courts.
Chapter 2 reviews recent landmark decisions in strategic climate litigation against governments and the private sector in courts and tribunals in the United States and around the world. Many of these landmark decisions occurred in domestic courts and relied on Paris Agreement commitments as leverage in lawsuits seeking to raise domestic governments’ climate governance ambition. Other cases focused on human rights theories in seeking to compel governments to enhance protection of vulnerable communities facing disproportionate burdens from climate change impacts. The chapter also addresses the groundbreaking proceeding and decision in the Carbon Majors petition before the Philippines Human Rights Commission.
Slowing down and mitigating the impact of climate change necessitates changes to individual behaviour in a multitude of realms. While reducing resource waste in the production process and consuming less are essential, it is also necessary to increase resource reuse with both effective re- and upcycling. However, relatively little is known about the determinants of upcycling behaviour. In this chapter, the literature on the identified psychological and social drivers is reviewed. A broader reading of behavioural determinants for green behaviour change is used to outline possible pathways for behaviour change still untested in a scientific setting in the context of upcycling. The chapter concludes with a critical review on the relative impact of both up- and recycling compared to their perceived effectiveness. Potential ways increase the likelihood of effective reuse while also reducing overall resource use are considered from a social norms perspective.
This chapter discusses whether the existing IP laws in Europe offer sufficient room for upcycling from the perspective of fundamental rights. It is argued that both the EU Charter and the ECHR may include obligations to facilitate the innovative reuse of materials. This is considered both as a matter of artistic freedom and as a positive obligation to safeguard the right to life, health, and a sustainable environment. From this perspective, existing IP laws may not be accommodating enough of creative and innovative upcycling practices. It is suggested that, as a matter of direct effect of primary EU law, both the Charter and free movement of goods may have a limiting effect on the enforceability of IP rights.
Upcycling, the creative reuse of pre-existing materials, offers clear environmental benefits by reducing waste and conserving resources, while also promoting sustainable consumption. However, despite its potential, consumer understanding of upcycling remains limited, with many either unfamiliar with the term or conflating it with other sustainable practices. This conceptual ambiguity can undermine confidence in upcycled products, hinder market adoption, and pose challenges for businesses. The inclusion of branded materials in upcycled goods further complicates the landscape, raising legal and reputational concerns for trademark holders and prompting questions about consumer confusion and fairness. To investigate these issues, this chapter presents empirical insights from three studies involving 2,393 participants. Study 1 examines consumers’ understanding of upcycling. Study 2 explores how branded materials in upcycled products influence evaluations and manufacturer identification. Study 3 assesses the effect of different information about manufacturers on consumer perceptions and recall. Findings provide a foundation for considering the legality of trademark use in upcycling and inform strategies for promoting consumer awareness, supporting sustainable business models, and safeguarding both brand and consumer interests in the transition from a linear to a circular economy.
Access to justice is a critical element of the rule of law, ensuring individuals can exercise their legal rights and resolve disputes through formal and alternative mechanisms. In the Netherlands, the judiciary plays a vital role in facilitating this access, but challenges remain, particularly for vulnerable groups. This paper introduces voorRecht-rechtspraak, an innovative online dispute resolution platform designed to address three key barriers to access: the presumption of citizen self-reliance, limited accessibility of legal aid, and the high costs of legal proceedings. Through a user-centred design and the integration of artificial intelligence (AI), voorRecht offers tools to support self-resolution of disputes while also providing structured human assistance for more complex cases. AI-driven features, such as simplified case-law summaries and semantic search functionality, improve the accessibility of legal information for non-experts, empowering citizens to engage with the law more effectively. While voorRecht is still in an iterative phase of development, early insights highlight its potential to reshape access to justice in the Dutch legal system.