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1. Enforcing Smart Legal Contracts: Prospects and Challenges

Author:
Marsha Cadogan
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Blockchain technology can autonomously perform transactions across various industries and sectors without human involvement, revolutionizing how people do business. These transactions are performed through smart contracts, which consist of coded commands on the blockchain. This paper looks at how to enforce these autonomous agreements using blockchain online terms of use, focusing on common law jurisdictions, specifically Canada. Some of the advantages of buying and selling on the blockchain include reduced business-to-business transaction costs, automated business-to-consumer transactions and the ability to perform traditional services in new ways.
Topic:
Science and Technology, Blockchain, Emerging Technology, and Legal Sector
Political Geography:
Canada and North America

2. An Economic Mirage: How Canadian Universities Impact Freedom to Operate

Author:
James Hinton, Mardi Witzel, and Joanna Wajda
Publication Date:
04-2023
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Canada’s universities drive research and innovation, but when publicly funded institutions partner with foreign firms and countries, who is the biggest beneficiary? Not Canada or the Canadian economy. According to the authors of this paper, foreign entities that invest in Canadian research often take their intellectual property (IP) (and the money it generates) out of the country, leaving Canadian taxpayers holding the bill, unable to benefit from the economic return on their investment. This paper looks at the U15, a collective of some of Canada’s most research-intensive universities, accounting for 79 percent of all competitively allocated research funding in Canada and 83 percent of all contracted private sector research in Canada. With a focus on research outcomes, specifically IP, this paper examines patent data; IP ownership; and the impact on freedom to operate, an indicator of Canadian firms’ ability to commercialize their technology, to maximize Canada’s return on investment.
Topic:
Economics, Education, Higher Education, and Freedom
Political Geography:
Canada and North America

3. Merger Policy for a Dynamic and Digital Canadian Economy

Author:
Keldon Bester
Publication Date:
09-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As an element of competition and antitrust law frameworks, merger policy plays an important role in preventing acquisitions that would otherwise allow incumbent firms to extinguish competitive threats and entrench their dominance. But evidence suggests that current approaches to merger law in Canada and abroad have underestimated the harms these transactions can pose to competition and overestimated the effectiveness of the remedies intended to mitigate those harms. Although relevant across the Canadian economy, this permissive treatment of mergers is particularly pronounced in digital markets, where platform business models, the importance of potential competitors and the role of intangible assets such as data as a barrier to entry test the assumptions underlying the country’s merger law. Canada’s current law and jurisprudence mean the Competition Bureau, Canada’s sole competition authority, is limited in its ability to detect potentially harmful transactions, faces material barriers to intervening and fully remedying the harms of those transactions, and is unable to assess the outcome of previous action or inaction. This paper provides recommendations for Canada to ensure its merger law is calibrated for a modern economy.
Topic:
Economics, Regulation, Digital Economy, and Digitalization
Political Geography:
Canada and North America

4. The Impact of Artificial Intelligence on Military Defence and Security

Author:
Daniel Araya and Meg King
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The twenty-first century is now being shaped by a multipolar system characterized by techno-nationalism and a post-Bretton Woods order. In the face of a rapidly evolving digital era, international cooperation will be critical to ensuring peace and security. Information sharing, expert conferences and multilateral dialogue can help the world’s nation-states and their militaries develop a better understanding of one another’s capabilities and intentions. As a global middle power, Canada could be a major partner in driving this effort. This paper explores the development of military-specific capabilities in the context of artificial intelligence (AI) and machine learning. Building on Canadian defence policy, the paper outlines the military applications of AI and the resources needed to manage next-generation military operations, including multilateral engagement and technology governance.
Topic:
Security, Defense Policy, Military Strategy, and Artificial Intelligence
Political Geography:
Canada and North America

5. The Digital Silk Road and China’s Influence on Standard Setting

Author:
Alex He
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
China is striving to become a leader in international standard setting, and the Digital Silk Road, part of China’s Belt and Road Initiative to expand its global infrastructure and markets, is key to realizing this goal. Both roads depend on standard connectivity, fuelled by Chinese private companies that are the driving force behind China’s growing role as a leader in technology development and shaping standards in both domestic and global markets. However, China faces strong competition to gain more influence in international standard-setting bodies, which are dominated by the European Union and the United States.
Topic:
Infrastructure, Digital Economy, Trade, Digital Culture, Silk Road, and Digitalization
Political Geography:
China, Europe, Asia, North America, and United States of America

6. Next-Generation Technology and Electoral Democracy: Understanding the Changing Environment

Author:
Samantha Bradshaw, Kailee Hilt, Eric Jardine, Florian Kerschbaum, Ulrike Klinger, Michael Pal, Aaron Shull, and Wesley Wark
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
Democracies around the world are facing growing threats to their electoral systems in the digital age. Foreign interference in the form of dis- and misinformation has already influenced the results of democratic elections and altered the course of history. This special report, the result of a research project conducted in partnership with the Konrad-Adenauer-Stiftung (KAS) Canada, examines these cyberthreats from a Canadian and German perspective. Both Canada and Germany share common goals centred around protecting human rights, democracy and the rule of law, and international peace and security. Using case studies from experts in fields such as computer science, law and public policy, the special report offers recommendations to guide policy makers and stakeholders on how to protect elections from next-generation technologies and the threats they pose to democracy.
Topic:
Environment, Science and Technology, Elections, Democracy, and Emerging Technology
Political Geography:
Europe, Canada, Germany, and North America

7. The Digital Economy Partnership Agreement: Should Canada Join?

Author:
Dan Ciuriak and Robert Fay
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The Digital Economy Partnership Agreement (DEPA) provides the most comprehensive template yet for a regional trade agreement tailored for the digitally transformed economy. The DEPA lays groundwork for discussions on critical areas that go beyond the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. This policy brief makes the case that joining the DEPA early would allow Canada to develop it so that it meets small, open economies’ needs and so that new provisions meet the values that Canada holds, and recommends areas for attention and collaboration with like-minded countries.
Topic:
International Cooperation, International Trade and Finance, Intellectual Property/Copyright, and Digital Economy
Political Geography:
Canada and North America

8. Third Party Record Exemptions in Canada’s Access to Information Act

Author:
Matt Malone
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Artificial intelligence (AI) and automated decision making (ADM) used by and on behalf of the Government of Canada pose significant challenges to Canada’s Access to Information Act (ATIA). While the ATIA’s goal is to enhance accountability and transparency through the disclosure of records under the control of government, exemptions in the ATIA for third party records such as trade secrets make meaningful access difficult when it comes to AI and ADM. Several departments working at the epicentre of AI and ADM policy handle requests made to them through the ATIA by routinely invoking such exemptions. Citizens’ entitlements to transparency and accountability in such contexts are increasingly clashing with commercial actors’ desire to avoid or block disclosure of records.
Topic:
Governance, Privacy, Transparency, and Artificial Intelligence
Political Geography:
Canada and North America

9. Standards for a Secure 5G Infrastructure

Author:
Michel Girard
Publication Date:
03-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Fifth-generation (5G) networks are the building blocks of the new digital economy; therefore, standardization of these networks is essential to building a strong foundation. A North American Technology Trust can help Canada, Mexico and the United States work together to develop common standards needed to build, maintain and operate a safe and reliable 5G infrastructure. These standards, guided by a 5G technology road map and safety code, will help maximize the benefits of 5G networks and related technologies for users across the continent. This policy brief is a contribution to a workshop focusing on the future of 5G in North America. The 5G Beyond Borders workshop, organized by the Wilson Center, CIGI and Tecnológico de Monterrey, discussed how strategic cooperation at the North American level can directly shape the future of 5G and lay the groundwork for expanded North American competitiveness in a range of emerging technologies.
Topic:
Regional Cooperation, Science and Technology, Infrastructure, 5G, and Emerging Technology
Political Geography:
Canada, North America, Mexico, and United States of America

10. Central Bank Digital Currency and Governance: Fit for Purpose?

Author:
Pierre Siklos
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
As digital forms of payment become increasingly popular, especially during the COVID-19 pandemic, cash is no longer king. Central banks are turning their attention toward central bank digital currency (CBDC) to replace coins and bills and to provide other types of services through digital technology. CBDC can also facilitate cross-border transactions through the use of internationally accepted currencies such as the euro and the US dollar. This paper explores the many tailwinds and headwinds that will affect the implementation of a CBDC.
Topic:
Governance, Digital Economy, Banks, and Digital Currency
Political Geography:
North America, Global Focus, and United States of America