{"title":"Bank Resolution Regimes in Europe I – Recovery and Resolution Planning, Early Intervention","authors":"M. Schillig","doi":"10.2139/SSRN.2136101","DOIUrl":"https://doi.org/10.2139/SSRN.2136101","url":null,"abstract":"On 6 June 2012 the Commission published its long awaited Proposal for a Directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms. The envisaged regime rests on ‘three pillars’: (i) preparatory and preventive measures; (ii) early intervention; and (iii) resolution tools and powers. This paper seeks to provide an overview and critical assessment of the first two pillars of the Commission’s Proposal. It analyses recovery and resolution planning and early intervention measures under the Proposal in the context of the resolution regimes currently in place, or planned, in the UK and Germany, the two largest economies in the EU. The aim is to ascertain whether and to what extent the implementation of the Proposal would necessitate changes to these regimes were it to become law in its current form, and consequently where the most difficult policy debates are likely to arise in the course of further negotiations.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114722233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IDPC Advocacy Note - Proposals for the Development of the European Drugs Strategy 2013-2020","authors":"M. Trace","doi":"10.2139/ssrn.2185887","DOIUrl":"https://doi.org/10.2139/ssrn.2185887","url":null,"abstract":"The European Union (EU) Drug Strategy covering the period 2005-2012, is currently undergoing its final review. Two official evaluation reports have been produced to inform discussions on how much has been achieved in the last eight years, and what adjustments need to be made in the new strategy. An early draft of the new EU Drug Strategy for 2013-2020 has been produced by the Cypriot government, which holds the EU Presidency during the crucial period for finalising the new Strategy – July to December 2012.IDPC welcomes the balanced, progressive tone of the initial draft, and of the Council Conclusions that have informed it, but considers that significant redrafting is necessary to produce a credible and coherent EU Drug Strategy for the next eight years. In this advocacy note, IDPC makes recommendations to produce a strategy that is coherent, evidence-based, and supports member states in dealing with increasingly complex drug policy challenges.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129921646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Labor Mobility in an Enlarged European Union","authors":"M. Kahanec","doi":"10.4337/9781782546078.00015","DOIUrl":"https://doi.org/10.4337/9781782546078.00015","url":null,"abstract":"The 2004 and 2007 enlargements of the EU extended the freedom of movement to workers from the twelve new member states mainly from Central Eastern Europe. This study summarizes and comparatively evaluates what we know about mobility in an enlarged Europe to date. The pre-enlargement fears of free labor mobility proved to be unjustified. No significant detrimental effects on the receiving countries’ labor markets have been documented, nor has there been any discernible welfare shopping. Rather, there appear to have been positive effects on EU’s productivity. The sending countries face some risks of losing their young and skilled labor force, but free labor mobility has relieved them of some redundant labor and the associated fiscal burden. They have also profited from remittances. Of key importance for the sending countries is to reap the benefits from brain gain and brain circulation in an enlarged EU. For the migrants the benefits in terms of better career prospects have with little doubt exceeded any pecuniary and non-pecuniary costs of migration. In conclusion, the freedom of movement in the EU provides for a triple-win situation for the receiving and sending countries as well as for migrants themselves, provided the risks are contained and efficient brain circulation is achieved.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117248024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Loic Azoulai, M. Maduro, B. de Witte, Marise Cremona, A. Hyvärinen, A. Kocharov, Anwar Abdallat
{"title":"Another Legal Monster? An EUI Debate on the Fiscal Compact Treaty","authors":"Loic Azoulai, M. Maduro, B. de Witte, Marise Cremona, A. Hyvärinen, A. Kocharov, Anwar Abdallat","doi":"10.2139/SSRN.2068674","DOIUrl":"https://doi.org/10.2139/SSRN.2068674","url":null,"abstract":"On 1 February 2012, member states of the European Union minus the United Kingdom and the Czech Republic agreed on the text of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (the Fiscal Compact Treaty or FCT), subsequently signed on 2 March 2012. The new international treaty poses a number of questions on compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. The EUI debate on the FCT addressed some of these issues.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"129 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131589246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Chinese Think Tanks, Policy Advice and Global Governance","authors":"James G. McGann","doi":"10.2139/SSRN.2169812","DOIUrl":"https://doi.org/10.2139/SSRN.2169812","url":null,"abstract":"Soon after leaving his post in the Chinese government, Zeng Peiyan, a former Chinese vice premier, was elected chairman of the executive council of the China Center for International Economic Exchanges (CCIEE), a high-level think tank that was established 2010 in Beijing. The official press release and the state sponsored media in China announced and then anointed this new organization as \"China's top think tank\" and a \"super think tank.\" A number of other former high level government officials were recruited to serve on the Board and the think tank was launched with great fanfare with think tanks and policymakers being invited to the inaugural conference last Spring. CCIEE's initial research agenda is ambitious and includes the continuing financial crisis, the emergence of China and the new world financial order, the strategic cooperation between China and the United States, the decision-making systems of foreign governments and international organizations including the World Bank, International Monetary Fund and the World Trade Organization and finally, the role of think tanks in formulating government economic policy. Other Chinese think tanks such as the Chinese Academy of Social Sciences, the Shanghai Academy of Social Sciences and the China Institute of Contemporary International Relations have dramatically increased their profiles at international meetings and expanded targeted outreach activities to think tanks around the globe. This paper will attempt to chronicle the rise of Chinese think tanks on the national and international stage. The paper will also attempt to identify the strengths and weaknesses of Chinese think tanks in the domestic and international political context. Finally, the research attempts to make some comparisons to think tanks in other emerging powers such as India and Brazil.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121769922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tracking the Affirmation of Pluralistic Concerns in EU Internal Market Law","authors":"Damien M. B. Gerard","doi":"10.2139/ssrn.2088937","DOIUrl":"https://doi.org/10.2139/ssrn.2088937","url":null,"abstract":"La presente contribution tente d’apprecier si et dans quelle mesure la jurisprudence recente de la Cour de justice de l’Union europeenne en matiere de marche interieur revele l’affirmation d’une « logique pluraliste », et ce malgre le positionnement historique de la Cour en tant que gardienne de l’unite du marche et du droit. A cet effet, elle se concentre sur le domaine de la libre prestation de services en ce qu’il a particulierement illustre ces dernieres annees les tensions inherentes au test du marche interieur entre integration, diversite normative et valeurs sociales sous-jacentes. Cette contribution se situe dans le cadre d’un projet plus large visant { explorer le passage de l’unite au pluralisme en tant que modele dominant de representation de la relation entre l’Union et les Etats membres { la suite de l’achevement du marche interieur, de l’accroissement de la diversite de la composition de l’Union et de l’elargissement { la fois quantitatif et qualitatif de l’etendue de ses competences.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115854662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of Domestic Administrative Law in the Accountability of Transnational Regulatory Networks: The Case of the ICH","authors":"Ayelet Berman","doi":"10.2139/SSRN.2015597","DOIUrl":"https://doi.org/10.2139/SSRN.2015597","url":null,"abstract":"The literature on the accountability of transnational regulatory networks (TRNs) has focused on accountability measures that are available at the transnational level. This paper extends the analysis and examines the role domestic administrative law has to play in keeping TRNs accountable towards their internal and external stakeholders. To this end it conducts a case study of the International Conference on Harmonization (ICH), a network of drug regulatory authorities and industry associations that harmonizes drug registration rules, and examines it primarily from a U.S. administrative law perspective. The paper, first, demonstrates that domestic administrative law can have an important role in setting the procedural rules of TRNs. Second, it shows that domestic administrative law is important in maintaining the accountability of TRNs and regulators towards internal stakeholders (i.e. stakeholders within member countries), but that it has limitations that should ideally be complemented by accountability measures at the transnational level. The paper, third, demonstrates that although theoretically domestic administrative law could play an important role in setting off the TRNs’ disregard towards the interests of external stakeholders (stakeholders that are not network members), in practice this comes across serious problems. Accountability towards external stakeholders is, hence, best achieved through accountability measures at the transnational level.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126023381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dealing with the Past: Memory and European Integration","authors":"C. Closa","doi":"10.2139/ssrn.1972355","DOIUrl":"https://doi.org/10.2139/ssrn.1972355","url":null,"abstract":"Memory has become an object of dispute in the EU. Different groups and states do not have a full convergence of views and this raises the question as to whether the EU should or should not be involved. A pluralist conception of justice would argue that the recognition of memory is not excluded as a form of justice. Adopting this view, this paper argues that the recognition of memory can be addressed at the EU level if the different components of justice are allocated to the proper spheres (recognition, retribution and recognition) and levels (national and European).","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133081285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Distribution, Domestic Politics and Monetary Cooperation in East Asia","authors":"N. Hamilton-Hart","doi":"10.2139/ssrn.1970112","DOIUrl":"https://doi.org/10.2139/ssrn.1970112","url":null,"abstract":"Since the financial crises of 1997, East Asia has made modest but nonetheless significant steps towards greater regional integration and cooperation in the areas of finance and trade, accompanied by progress on institution-building at the regional level. Monetary cooperation, however, has not proceeded to anything like even the modest levels registered for other functional areas of cooperation. This paper investigates this discrepancy. It asks whether monetary cooperation is simply an unattractive proposition because it promises fewer net gains than cooperation on other issues, or whether there are other explanations for the absence of monetary cooperation in the region.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Research of China's Participation in the WTO Trade Policy Review Process","authors":"Rong Yang","doi":"10.2139/ssrn.2169321","DOIUrl":"https://doi.org/10.2139/ssrn.2169321","url":null,"abstract":"In 2006, 2008 and 2010, China underwent three trade policy reviews from the WTO. This article first outlines the three reviews, mainly focusing on 5 aspects: transparency, main adjustment of the trade law, foreign investment system, intellectual property, standards and other technical requirements involved in the reviews. Second is a discussion about Chinese capacity building in making and adjusting trade policy during different stages. And next is an analysis of the influence of WTO's trade policy review mechanism on China based on the discussion.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121276405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}