the Journal of Regulation

To registrer for following on site and online: anouk.leguillou@mafr.fr (please specify in your e-mail whether you wish to attend the event on site or online)

As places are limited, you will be asked to confirm 48 hours in advance

🧮The event will take place at the Conseil Économique Social et Environnemental, 9, place d’Iéna, 75116 Paris, on February 9, 2024, between 9 am and 12.45 pm.

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► Presentation of the topic: "Compliance Obligation" appears to be far from International Arbitration if Compliance Law is only understood in terms of binding regulations or even Criminal Law. Arbitration would only have contact with Compliance Obligation in a repulsive way, when a person claims to have enforced a contract before an arbitration court that disregards a compliance prohibition, e.g. corruption or money laundering. It is therefore from a negative angle that the cross-over has taken place.

The fact that Arbitration Law respects the requisite of Criminal Law is nothing new. Moreover, the power of Compliance in its detection and prevention tools, particularly in terms of evidence, no doubt increases the global efficiency.

But Compliance Obligation is based on Monumental Goals, notably linked to global human rights and active ambitions about environment and climate which, particularly in the value chain economy, take the legal form of compliance clauses, or even compliance contracts, or various commitments and plans, which the parties can ask the international arbitrator to enforce. They will do so even more as arbitrators are often the only international, or even global, judges available.

The use they will do of Contract Law, Quasi-Contract Law, Enforcement Law, Tort Law, reinforces Compliance Law in a global dimension.

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The symposium, and the articles following, will expose the crucial global movement that starts. l

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Speakers:

🎤 Laurent Aynès, emeritus professor of Law at Paris 1 Panthéon-Sorbonne University, attorney, Darrois Villey Maillot Brochier law firm (Paris)

🎤 Marie-Anne Frison-Roche, professor of Law, director of the Journal of Regulation & Compliance (JoRC)

🎤 Jean-François Guillemin, former General Secretary of the Bouygues Group

🎤 Christophe Lapp, attorney, Advant Altana (Paris)

🎤 Jean-Baptiste Racine, professor of Law at Paris Panthéon-Assas University (Paris 2)

🎤 Eduardo Silva-Romero, president of the Institute of World Business Law of the ICC (Institute), attorney, Wordstone (Paris)

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The symposium work will be the basis of complete chapters in the books:

📕 L'obligation de compliance, to be published in the collection 📚Regulations & Compliance, copublished by the Journal of Regulation & Compliance (JoRC) and Dalloz.

📘Compliance Obligation, to be published in the collection 📚Compltiance & Regulation, copublished by the Journal of Regulation & Compliance (JoRC) and Bruylant.

🔻 read une first presentation of the manifestation below ⤵️

en savoir +

Feb. 21, 2025

JoRC

🧮Durabilité de l’Internet : le rôle des opérateurs du système des noms de domaine. Compliance et Régulation de l’espace numérique (Sustainability of the Internet: the role of the operators of the domain name system. Compliance and regulation of the digital space)

► Référence complète : Journal of Regulation & Compliance (JoRC) and Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS), Durabilité de l’Internet : le rôle des opérateurs du système des noms de domaine. Compliance et Régulation de l’espace numérique (Sustainability of the Internet: the role of the operators of the domain name system. Compliance and regulation of the digital space), Paris 1 Panthéon Sorbonne University, 21 February 2025

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► The symposium is organised by the Journal of Regulation & Compliance (JoRC) and the Institut de Recherche Juridique de la Sorbonne (André Tunc - IRJS) of Paris 1 Panthéon-Sorbonne University.

The symposium is held under the scientif supervision of 🕴️Marie-Anne Frison-Roche and 🕴️Grégoire Loiseau.

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► Presentation ot the theme: The digital space has been built on and as a system. Its primary interest is of a negative nature: it consists of to be preserved against the prospect of systemic failure, of not collapsing. Like all other systems, this 'Monumental Goal' specific to the digital system justifies resources that incorporate this concern for the future. As with all systems, it integrates and relies on the specific technical nature of this system.

The digital space is largely based on the invention, technology and architecture of domain names. Domain names, as an addressing system, enable users to enter the digital space and find other Internet users. The uniqueness and solidity of the domain name system, entrusted to a single root and decentralisation, makes this community possible for those who use the digital space and ensures the technical durability required, without which the digital space would be compromised.

The architecture, operation, operators and what they do under the control of legislators, regulators, judges and legal subjects are therefore examined from a dual technical and legal perspective, in the light of the imperative of sustainability.

This allows to progress in 4 stages.

Firstly, to examine the permanence in time and space of the domain name system, insofar as it is the foundation of the Internet and the digital system. This technical construction gives rise to legal qualifications, not only for the present but also for the future, since the Web3 offers new technical solutions.

Secondly, this technical sustainability is an imperative that is built into the operators of the domain names themselves, which are inter-linked not only at national level but also at global level, this cross-linking being necessary for the security of the system. The State is present through public law techniques that enable surveillance, control and possible recovery.

Thirdly, it imposes constraints on the operators subject to them in order to serve this monumental goal of technical sustainability, and these constraints themselves generate as many powers as they need to usefully achieve this mission. This proportionality must be at the heart of the method and the requirements. The relationship between constraints and powers also stems from it.

Fourthly, this imperative of technical sustainability, which is global in nature, gives way to imperatives of societal sustainability, more localised in space and time, when domain name operators are called upon by the legitimate authors of binding standards, legislators in the first instance, to express concerns such as the protection of people involved in the digital space and whose rights are compromised or who are in danger.

This second type of sustainability, which is more localised and less inherent in the architecture of the Internet, is justified by the available power of the operators concerned and their adherence to social imperatives. The resulting constraints and powers are therefore not the same.

The 2 sustainabilities must then be articulated in a conception that is both teleological and pragmatic.

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To register for a physical presence: Cliquer HERE

To register for an online presence: Cliquer HERE

🧮The event will take place at the Paris 1 Panthéon-Sorbonne University, 12 place du Panthéon 75005, in Room 6, on 21 February 2025.

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► Speakers:

🎤Pierre Bonis, Chief Executive Officer of the Association française pour le nommage Internet en coopération (Afnic)

🎤Lucien Castex, Adviser of the Afnic Chief Executive Officer for Research internet and society and Internet governance

🎤Marie-Anne Frison-Roche, Full Professor of Regulatory and Compliance Law, Director of the Journal of Regulation & Compliance (JoRC)

🎤Claire Leveneur, Senior Lecturer at Paris-Est Créteil University

🎤Grégoire Loiseau, Full Professor at Paris 1 Panthéon-Sorbonne University

🎤Samir Merabet, Full Professor at the University of West Indies

🎤Antoine Oumedjkane, Senior Lecturer at Lille University

🎤Frédéric Sardain, attorney at law, Jeantet law firm

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🔻Read a detailed presentation of the event below:

en savoir +

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