As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.

How can tort law contribute to a better understanding of the risk-based approach in the European Union’s (EU) Artificial Intelligence Act proposal and evolving liability regime? In a new legal area of intense development, it is pivotal to make the best use possible of existing regulation and legal knowledge. The main objective of this article is thus to investigate the relationship between traditional tort law principles, with a focus on risk assessments, and the developing legislation on artificial intelligence (AI) in the EU. The article offers a critical analysis and evaluation from a tort law perspective of the risk-based approach in the proposed AI Act and the European Parliament resolution on a civil liability regime for AI, with comparisons also to the proposal for a revised and AI-adapted product liability directive and the recently proposed directive on civil liability for AI. The discussion leads to the illumination of both challenges and possibilities in the interplay between AI, tort law and the concept of risk, displaying the large potential of tort law as a tool for handling rising AI issues.

The question of how best to tackle anthropogenic climate change is a thorny one: besides scientific uncertainty regarding the consequences of climate change, another difficulty is that the recommendations of climate experts may clash with the priorities of citizens, interest groups and political institutions. With the European Green Deal, the European Union (EU) recently made significant advances in climate policy; at the same time, and as is well known, the EU and its institutions have long been criticised for their “democratic deficit” and for their failure to involve all civil society actors equally in EU law-making processes. This article sheds light on the legal framework governing civil society participation in EU law-making, and more specifically on the Commission’s consultations pursuant to Article 11(3) of the Treaty on European Union. It then critically assesses selected features of two consultations conducted by the Commission in connection with the European Climate Law, which it evaluates from the perspective of the EU primary law principles of democracy, openness and transparency. Through this analysis, and by suggesting how future climate consultations could be further improved, the article aims to contribute to the (still nascent) legal scholarship on civil society participation in environmental and climate policy.

Both the waste regulation and chemicals regulation of the European Union are based on the precautionary principle. The main objective of the chemicals regulation is to protect human health and the environment from the risk caused by hazardous chemicals. The modern waste regulation aims, among other things, at fostering the recovery of waste. These material circulation aims have been recently emphasised by introducing the ambitious circular economy objectives. Many of the waste streams contain hazardous substances that may pose risks to human health and the environment. This article examines the role of the precautionary principle in the circular economy. We argue that sustainable material circulation can only be achieved through a case-by-case application of the precautionary principle, but this also requires participatory discourse in which competing arguments, beliefs and values are openly discussed.

The policy drivers for preventing system risks – risks that threaten vital parts of society – represent an as-yet understudied subject. A fundamental characteristic of an effective prevention policy for system risks is long-term investment. This article presents evidence that long-term investment in prevention follows a cyclical rather than a stable pattern, which implies large costs to the welfare of future generations. This cycle is usually triggered by a shock that shifts the set of preventive policies that are acceptable to or even demanded by society. After a rapid rise in preventive investment, however, attention often wanes, and the downturn of the prevention cycle sets in. While policy shocks from crises and disasters are commonly studied, their policy legacies rarely have been. This article offers a theoretical framework for this “prevention cycle”, demonstrates its applicability in understanding policy investment in several system risks and offers suggestions for its fundamental causes.

Quantum computing is a form of computing based on the principles of quantum mechanics. Quantum computing promises to revolutionise society through technological solutions to previously unsolvable problems or by enhancing the capacities of current computational technologies. Additionally, quantum computing has the potential to revolutionise the humanities and social sciences. We denote the study of these changes as “quantum humanities”, whose study focuses on the potential of quantum computing. This paper proposes a research programme for quantum humanities, which includes the application of quantum algorithms to humanities research, reflection on the methods and techniques of quantum computing and evaluation of its potential societal implications. Moreover, we argue that, foundationally, quantum mechanics has serious implications for the ways in which data and information are used to produce seemingly objective technologies. Thus, quantum computing is a nexus for the study of knowledge itself. This research programme aims to define the field of quantum humanities and to establish it as a meaningful part of the humanities and social sciences.

Artificial Intelligence (AI) has started to impact many facets of the economy and people’s routine activities. This article contributes to our understanding of how the legal system is reacting to the ongoing uptake of AI and the disputes or right infringements this uptake creates. Select legal cases regarding the use of AI technology for automated decisions are reviewed, with a focus on filings in Europe and the USA. This exercise reveals which type of legal challenges can be expected when it comes to deploying automated systems in these jurisdictions. Additionally, incipient regulatory efforts targeting AI on both sides of the North Atlantic are introduced and briefly discussed. The paper sheds light on how different legal systems accommodate an emerging technology with disruptive potential and offers a mapping of exemplary legal risks for prospective actors or organisations seeking to develop and deploy AI.

Drones represent a rapidly developing industry. Devices initially designed for military purposes have evolved into a new area with a plethora of commercial applications. One of the biggest hindrances in the commercial developments of drones is legal uncertainty concerning the legal regimes applicable to the multitude of issues that arises with this new technology. This is especially prevalent in situations concerning autonomous drones (ie drones operating without a pilot). This article provides an overview of some of these uncertainties. A scenario based on the fictitious but plausible event of an autonomous drone falling from the sky and injuring people on the ground is analysed from the perspectives of both German and English private law. This working scenario is used to illustrate the problem of legal uncertainty facing developers, and the article provides valuable knowledge by mapping real uncertainties that impede the development of autonomous drone technology alongside providing multidisciplinary insights from law as well as software electronic and computer engineering.

Stakeholder participation is an important tenet for European Union (EU) policymaking and it can be approached from different disciplinary angles. The legal literature tends to refer to participation as a formal consultative opportunity in regulatory processes, resulting in rather homogeneous institutional arrangements for participation across policy fields and different sets of problems. Sustainability science, on the other hand, starts from the understanding of a problem in its complexity and peculiarities as a driving force determining both the rationale behind and the design of each participatory process. In this paper, we explore lessons regarding participation that could be derived from adopting an approach in which we combine insights from law and sustainability science. Along four principles, we explore potential leverage points for improving the sustainability of EU decision-making processes and their outcomes.

In recent years, various innovations aimed at counteracting perceived presentism and democratic decline have emerged. One primary concern is the issue of inadequate representation in parliaments, which has prompted the development of various proposals for reforming the selection mechanisms of parliamentarians. In this context, lottocracy (selection of representatives at random) and proxy democracy (selection models based on self-selection and flexible nominations that determine the relative influence of representatives) are candidates as selection rules to open democratic representation. Herein, I examine the normative and contextual trade-offs underpinning lottocracy and proxy democracy. While both systems outperform electoral alternatives on the dimensions under study, they induce tensions that are often overlooked. Nonetheless, clarifying the normative compromises is crucial to addressing the challenges facing democratic systems and to informing the deployment of the future of representative democracy.

There is much to be welcomed concerning the role blockchain technology can play in modernising and enhancing international trade, creating a more level playing field and reducing costs. However, it goes without say that the technology also brings with it the risk of abuse leading to trade-based money laundering. This article explores how anti-money-laundering legislation should respond to the use of blockchain technology in shipping and trade. Maritime trade poses unique challenges because of several significant factors: the fact that it concerns large sums but many linked trading transactions over the same goods; its use of documents and involvement of numerous faceless entities; and its cross-border setting. Drawing on tried and tested forms of blockchain technology-based trade transactions, this work examines the fault lines in the current regulatory system and questions how best these gaps should be remedied. It also stresses that even states that have banned the issue and trade of cryptoassets might not be immune to these new challenges.

Quantum computing research and development efforts have grown dramatically over the past decades, led in part by initiatives from governments around the world. Government quantum computing investments are often driven by national security or digital sovereignty concerns, with the language used depending on the geography involved. For example, a focus on “national security” and quantum computing is prominent in the USA, while European countries regularly focus on “digital sovereignty”. These phrases are often loosely defined and open to interpretation, and they share some common motivations and characteristics (but also have important differences). This paper identifies specific governmental entities typifying the national security/digital sovereignty perspectives, along with these organisations’ respective roles within national and international policy engagement in quantum computing. It analyses governmental structures, historical developments and cultural characteristics that contributed to this national security–digital sovereignty divide. Building on this analysis, we use the history of other technologies to illustrate how we might adapt tested policy approaches to modern political dynamics and to quantum computing specifically. We frame these policy approaches so that they do not overemphasise “digital sovereignty” or “national security”, but rather address interests shared across both concepts, with a view to facilitating international collaboration.

Trilogues represent a decisive stage in the European Union (EU) legislative process and often settle the substantive content of EU legislation. During trilogues, negotiations move fast and new solutions are actively identified by the negotiators. The (lack of) transparency of trilogues has been repeatedly criticised in recent years, yet the EU institutions have defended their “space to think”. Relying on a set of interviews with trilogue participants, this paper mirrors the institutional practices in the final stages of EU law-making against the requirements of openness in the EU Treaties, which aim to strengthen “democracy by allowing citizens to scrutinize all the information which has formed the basis of a legislative act”. The paper argues that, despite noble proclamations, the EU’s legislative practices are characterised by institutional discretion and the lack enforcement of transparency requirements. The paper describes how trilogues are conducted and how questions involving risk management and technically complex issues are assessed in this process. Greater transparency would also help to ensure that risks and alternatives are properly assessed and would thus contribute to better-quality risk regulation in the EU.

Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.

This policy-oriented article explores the sustainability dimension of digitalisation and artificial intelligence (AI). While AI can contribute to halting climate change via targeted applications in specific domains, AI technology in general could also have detrimental effects for climate policy goals. Moreover, digitalisation and AI can have an indirect effect on climate policy via their impact on political processes. It will be argued that, if certain conditions are fulfilled, AI-facilitated digital tools could help with setting up frameworks for bottom-up citizen participation that could generate the legitimacy and popular buy-in required for speedy transformations needed to reach net zero such as radically revamping the energy infrastructure among other crucial elements of the green transition. This could help with ameliorating a potential dilemma of voice versus speed regarding the green transition. The article will further address the nexus between digital applications such as AI and climate justice. Finally, the article will consider whether innovative governance methods could instil new dynamism into the multi-level global climate regime, such as by facilitating interlinkages and integration between different levels. Before implementing innovative governance arrangements, it is crucial to assess whether they do not exacerbate old or even generate new inequalities of access and participation.

The COVID-19 pandemic transformed our understanding of the state’s role during a public health crisis and introduced an array of unprecedented policy tools: ever-stricter travel restrictions, lockdowns and closures of whole branches of the economy. Evidence-based policymaking seems to be the gold standard of such high-stakes policy interventions. This article presents an empirical investigation into the regulatory impact assessments accompanying sixty-four executive acts (regulations) introducing anti-pandemic restrictions in Poland over the first year of the pandemic. To this end, the study utilises the so-called scorecard methodology, which is popular in regulatory impact assessment research. This methodology highlights the shallowness of these documents and the accompanying processes, with an absence not only of a sound evidence base behind specific anti-pandemic measures or estimates of their economic impacts, but even of the comparative data on restrictions introduced in other European Union/Organisation for Economic Co-operation and Development (OECD) countries. Overall, the collected data support the hypothesis that the ad hoc pandemic management process crowded out the law-making process through tools such as regulatory impact assessments and consultations. In other words, the genuine decision-making occurred elsewhere (with the exact process being largely invisible to public opinion and scholars) and drafting legal texts simply codified these decisions, with the law-making process becoming mere window-dressing.

The global climate crisis poses many risks; for instance, relating to the environment, to the economy and to public health. The mitigation and management of such risks create a complex and multifaceted regulatory conundrum that requires quick, flexible, efficient and adaptive policy solutions that transcend the state level. A quick look in the body of regulatory instruments employed in the field of climate change policy will reveal that soft law is used very frequently by the European Commission to aid with the application, transposition and interpretation of European Union (EU) environmental legislation relating to climate change. While soft law has become ever more prominent in the EU legal order and has been studied extensively at the ex-post phase (ie concerning its effects or effectiveness), little academic attention has been paid to the process of soft law-making. In simple terms, we know very little about how soft law instruments are made. This article peeks behind the scenes of soft law and examines the transparency and participation credentials of the articulation process of Commission Guidance Documents in the field of climate change regulation adopted under key legal acts in the field.

Regulation by design is an increasingly common approach in the governance of digital technologies. Under this approach, the developers of digital systems must adopt technical measures that implement the specific requirements mandated by law in their software. Some jurisdictions, notably the European Union (EU), have turned to regulation by design as a mechanism to automatically enforce legal requirements, but this article argues that such an approach can have important implications for long-term governance. Drawing from examples of regulation by design in EU law, it shows that by-design provisions delegate rule-making power to software designers, whose interpretations of the law become entrenched in digital systems. This delegation process suffers from legitimacy deficits, which are compounded whenever digital systems continue to enforce the designer-made rules as they operate for years and, sometimes, decades. Yet, these legitimacy deficits are not unavoidable, as regulation by design can be used to force designers to adopt technical and organisational practices that mitigate the risks of rule entrenchment to future generations. By mapping the long-term risks of regulation by design and potential solutions to them, this article provides a first step towards approaches to regulation by design that do not sacrifice the future for present interests.