PSN: Global & Regional Governance (Topic)最新文献

{"title":"Intermediaries in the Eye of the Copyright Storm - A Comparative Analysis of the Three Strike Approach within the European Union","authors":"E. Werkers","doi":"10.2139/ssrn.1920271","DOIUrl":"https://doi.org/10.2139/ssrn.1920271","url":null,"abstract":"The rapid development of the digital information society has shaken the creative content sector to its very foundations and has upset the balance between right holders, intermediaries and users. On the one hand, there is more creative content available, creators can produce and distribute their works to a wider public at a low cost, independently of physical constraints and across borders. On the other hand, right holders have lost the power to control the (re)distribution of their creations and, despite the stimulation of technological protection measures, continue to face a swelling problem of digital counterfeiting, piracy and dropping sale numbers. To resolve the issue of illegal sharing of copyright protected content certain Member States increasingly seek refuge to collaboration with internet service providers, sometimes resulting in close surveillance of users’ digital sharing behaviour and limitations on access to the internet. Due to these developments the once established “neutral” role of internet service providers and the e-commerce regime exempting them of liability is put under considerable pressure. Furthermore, the regulatory instruments for the protection of copyright and creativity no longer seem capable of guaranteeing rightholders a fair return on their creative investments while ensuring the public’s access to information and respect for privacy. In this paper an interdisciplinary comparative analysis will be made and a closer look will be taken into the recent debates that took place in Belgium and the United Kingdom since the adoption of the (French) three strikes approach. The different speed by which these countries seek solutions to restore the balance and the eagerly awaited interpretations by the European Court of Justice in the SABAM/Scarlet case and the High Court’s judicial review will be critically analysed to shed a light on the future of the three strikes approach.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129401673","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":"European Company Law Experts' Response to the European Commission’s Green Paper 'The EU Corporate Governance Framework'","authors":"P. Davies, K. Hopt, G. Ferrarini, Alain Pietrancosta, Rolf Skog, S. Sołtysiński, J. Winter, E. Wymeersch","doi":"10.2139/SSRN.1912548","DOIUrl":"https://doi.org/10.2139/SSRN.1912548","url":null,"abstract":"This paper constitutes the European Company Law Experts' response to the European Commission’s Green Paper “The EU Corporate Governance Framework”. The paper contains responses to the individual questions put forward by the Commission as well as an introductory statement. In this statement we first set out briefly the rationale for having rules on corporate governance, whether those rules are determined at national or EU level and whether they are contained in hard or soft law. We then consider the rationale for taking action at EU level. Thirdly, we make a suggestion as to how the choice between hard and soft law should be made. Fourth, we consider the overall implications of the previous arguments for the division of rule-making between the EU and Member States.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129742656","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":"Turkey Entering the European Union Through the Balkan Doors: In the Style of a Great Power?","authors":"B. Brljavac","doi":"10.1501/intrel_0000000272","DOIUrl":"https://doi.org/10.1501/intrel_0000000272","url":null,"abstract":"Confronting an increasing EU opposition from a number of influential member states to its membership, the AKP government adopted a multilateral approach to its foreign policy making resulting in dynamic economic and diplomatic policies with the countries from Asia, Africa, Latin America, and the Balkans region. In this article we analyzed the effects and consequences of a paradigmatic shift in Turkish foreign policy in the Western Balkans in relation to the country's EU membership prospects. Through its proactive economic and diplomatic initiatives in the region Turkey has been proving itself as indispensable country for the European Union membership. Thus, if the Turkish government concentrates more on solving its internal problems and continues its proactive diplomacy in Western Balkans, among other regions, it could become not only a regional but also a global power.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123075524","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":"Making the Transition: EU-China Cooperation on Renewable Energy and Carbon Capture and Storage","authors":"S. de Jong, J. Wouters","doi":"10.2139/ssrn.1898679","DOIUrl":"https://doi.org/10.2139/ssrn.1898679","url":null,"abstract":"In 2010, relations between the European Union (EU) and China reached their 35-year anniversary. Although initially centred primarily on economic cooperation, China's rapid industrialisation meant that over time this development placed increasing pressure on the environment. Keen to sustain this economic growth and ensure the availability of sufficient energy sources to that effect, China's progress in the field of renewable energy in recent years is as much about security of supply, as it is about counteracting the effects of environmental degradation and climate change.In its efforts to safeguard its economic growth, China is increasingly competing with Europe over scarce fossil fuel sources, such as natural gas from Central Asia. The focus of EU-China energy cooperation is therefore structured in relation to managing the latter's energy demand to limit its impact on climate change and the environment, as well as in terms of relieving pressure on the Union's own security of supply.Particularly since the second half of the 2000s, much has changed in China after the adoption of the Renewable Energy Law (REL or \"the Law\") and the establishment of the EU-China Partnership on Climate Change at the 2005 EU-China summit. Departing from a brief chronological analysis that dates from the early 1990s until today, this Working Paper zooms in on two particular areas: (i) EU-China cooperation on Carbon Capture and Storage (CCS) technologies; and (ii) the development of the Chinese renewable energy market. The paper concludes with a number of recommendations on specific challenges identified within these two sectors of cooperation.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"429 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132915699","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":"Long and Uncertain Way of Serbia Towards Membership in the European Union","authors":"Stanislava Acin Cingulinski, Đurica Acin","doi":"10.2139/ssrn.2232660","DOIUrl":"https://doi.org/10.2139/ssrn.2232660","url":null,"abstract":"The paper examines the challenges at the present state of affairs of Serbia towards membership in the European Union. After a long and dubious game of Serbian aspiration towards membership in the European Union, from becoming “potential candidate for European Union membership” (2000), to signing the Stabilization and Association Agreement (2008) which, in the world of officials of the European Union “is a powerful signal to the people of Serbia that their future lies in Europe,” majority of people in Serbia are not sure in European Union readiness to respect Serbia on the basis of equal partnership. Most European leaders believe that the expanded European Union cannot function efficiently in the future unless the constitutional reform is finished. Having in mind the above mentioned facts we believe that the Serbia is being faced with long and uncertain way towards membership in the European Union.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128067787","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":"Regional Trade Arrangements Among Developing Countries: Enabling Clause Re-Visited","authors":"S. Jalal Alavi","doi":"10.2139/ssrn.1737233","DOIUrl":"https://doi.org/10.2139/ssrn.1737233","url":null,"abstract":"This paper intends to show the legal relationship between paragraph 2 (c) of Enabling Clause and GATT Article XXIV as RTAs among developing countries are concerned. GATT Article XXIV justifies MFN departure of customs unions and free trade agreements if some requirements are met. Paragraph 2© of Enabling Clause waives these requirements where developing countries form regional trade arrangements among themselves. The paper has no intention to discuss RTAs among developing countries in an econometric context. Nor it is to examine the proxies for welfare impacts of the RTAs involving only developing countries in a comparative analysis with the RTAs among developed countries or those between developed and developing countries. Instead, the paper intends to focus mainly on the way these two legal bodies, mainly Enabling Clause 2 (c) and GATT Article XXIV compete in providing legal cover for RTAs among developing countries. The paper concludes that regional trade agreements among developing countries should be subject to both legal covers successively; starting with Enabling Clause 2(c) pending graduation in accordance with the requirements of paragraph 7 of the Enabling Clause. With graduation, the legal coverage automatically shifts to GATT Article XXIV. The paper, however, acknowledges the lack of clarity in the graduation criteria embedded in the language of Enabling Clause paragraph 7 which is equally cumbersome for other areas of S&D.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120897553","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":"Enhancing Security in the Pacific Through Regionalism","authors":"Viliame Wilikilagi","doi":"10.2139/SSRN.1628409","DOIUrl":"https://doi.org/10.2139/SSRN.1628409","url":null,"abstract":"The Auckland Declaration of the Pacific Islands Forum adopted the following as part of its overarching vision which brought about the Pacific Plan: Leaders believe the Pacific region can, should and will be a region of peace, harmony, security and economic prosperity, so that all of its people can lead free and worthwhile lives. It is interesting to note that at the outset of the formulation of the Pacific Plan, the vision upon which it was drafted encapsulated the Forum Island Countries (FIC) desire for the Pacific to be a region of peace, harmony and security which will lead to economic prosperity and ensure the freedom of all our people. However, far from what the name of the region implies, the Pacific has not been a pacific (meaning peaceful) region and has had a share of its conflicts, constitutional crises, political violence that has even led to some academics such as Reilly to suggest that the Pacific is becoming Africanized particularly due to the conflict and crises experienced in the Melanesian countries of the FIC leading to its labeling as the “Arc of Instability”. Notwithstanding, other academics such as Firth contend that Oceania is not Africa and has its unique challenges, constraints regarding security but there has been general consensus that the security situation in a number of FIC has deteriorated having a negative impact on the general outlook for the region. This paper aims at discussing whether security for the pacific can be enhanced through regionalism. In order to analyze this I will discuss the security issues that has affected the region focusing in particular on the period after 2001; what are some of the regional measures and the regional mechanisms that have been used by the Pacific Island Forum as a response to these security issues; the role of Australia and New Zealand in the implementation of the regional responses; and to determine the effectiveness of these regional responses through analyzing their application in the Solomon Islands crisis and in Fiji post 2006.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126077697","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":"World Trade Organization and its Impact to Nepal","authors":"Bikash Thapa","doi":"10.2139/ssrn.1621756","DOIUrl":"https://doi.org/10.2139/ssrn.1621756","url":null,"abstract":"In its quest to move along with global economic development, the Nepalese government realized that it cannot remain aloof from the waves of globalisation. Consequently, it applied for the membership of the General Agreement on Tariffs and Trade (GATT) in May 1989 and was subsequently given an observer’s status. The World Trade Organisation succeeded GATT from 1 January 1995.Nepal acceded to the World Trade Organization in 2004 as 147th member of the multilateral trade body and as the first least-developed country to have joined the institution through the process of accession. WTO is now the third economic pillar of worldwide dimensions along with the IMF and World Bank. WTO membership was simply a beginning of the process to integrate Nepal into the global economy in a meaningful manner. Trade between nations is increasingly being conducted under the rules and agreements negotiated at the WTO. WTO membership will help Nepal integrate with the global trading system .The special provisions of the WTO will guarantee a predictable and stable trading environment for the Nepalese SMEs. The two fundamental principles of the WTO, namely “Most favored nation (MFN)” and “national treatment,” will enhance the export potential of Nepalese products and services. Under the MFN clause, the Nepalese products and services will get access to global markets at equal or no less terms than being enjoyed by other WTO members. Similarly, the national treatment provision guarantees that the Nepalese goods and services will receive the same treatment as the goods and services of the importing country.A small, land locked, poor and donor dependent country like Nepal the membership to the WTO is not a matter of choice. Membership of WTO was necessary; whether consequences are positive or negative. So the only choice Nepal has to mitigate the negative consequences and try to utilize potential benefits.The author has tried to analyze both positive as well as negative impacts to Nepal after WTO membership and has disseminated various trade reports of pre as well as post accession period to WTO.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116684976","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":"Regulating in Global Regimes","authors":"C. Scott","doi":"10.2139/ssrn.1598262","DOIUrl":"https://doi.org/10.2139/ssrn.1598262","url":null,"abstract":"An increased emphasis on global regulation is, in part, a response to the recognition of economic, social and cultural interdependence between the world’s nations and peoples. Policy problems as diverse as reckless behaviour by financial institutions, exploitation of sweat‐shop labour in emerging economies, and the threat of climate change, present collective action problems which cannot be resolved through the deployment of the state’s authority, capacity and legitimacy alone. Global regulation might refer to diffusion of regulatory governance round the globe or centralised governance organised around a supranational regulatory agency overseeing compliance with global rules. I argue in this paper that the fragmented character of many global regimes involves both a variety of organisations in exercising the requirements of a viable regulatory regime and a diffuse range of instruments or mechanisms through which the norms of the regime are created and made effective. Global regulation, in this third sense, elides two significant trends which deviate significantly from classical conceptions of state regulation. First, there is a trend towards supranational regulatory governance, and in particular the setting of rules and standards by intergovernmental organisations. Second there is a trend towards the establishment of regulatory regimes by non‐governmental actors, which has been particularly marked at the supranational level – engaging both NGOs and firms. Much discussion on the evolution of global regulation focuses on the distinction between regulatory regimes which are fundamentally governmental in character, established by states or more typically associations of states or intergovernmental organisations, on the one hand, and regimes which are predominantly non‐state in their origins and character, involving NGOs and firms or associations of firms. The bifurcation of inter‐governmental and non‐governmental regulatory regimes underpins a widespread assumption, particularly within policy circles, that governmental regulation may both be more effective and more legitimate. I suggest in this paper that this distinction between intergovernmental and non‐governmental regulation is increasingly unimportant, for three reasons. First, concerns about lack of coherence in global regulation are of equal and perhaps more relevance to governmental than non‐governmental regimes. Second concern that weaknesses in instruments and in particular their lack of bindingness may undermine the claims to normative effectiveness of non‐governmental regimes are over-stated. Addressing the third concern relating to the diminished legitimacy of non‐governmental activity I suggest that broader engagement in private and hybrid regimes may enhance their legitimacy vis-a-vis supranational governmental regimes which appear remote from national elected politicians. These debates are of particular importance during a period of tensions surrounding regulatory objectives and effect","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134371656","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":"Balkan Countries: Catching Up and Their Integration in the European Financial System","authors":"F. Bonetto, S. Redzepagić, A. Tykhonenko","doi":"10.2139/ssrn.2236726","DOIUrl":"https://doi.org/10.2139/ssrn.2236726","url":null,"abstract":"This paper aims to show the impact of financial variables on the process of convergence between selected European Union and Balkan countries. Indeed, after a delay in the realization of structural changes – result of historical legacy and circumstances in which the transition process took place – Balkan countries started at the end of 1990s essential reforms in their financial systems with the adoption of concrete measures directed towards the growth and increase of the financial sector efficiency. So, using panel data over the period 1999-2007 for a sample of 21 countries, we test the convergence’s hypothesis by the Bayesian iterative estimation method; two financial variables are introduced to control the differences in steady state. Our empirical results sustain the importance of the domestic credit and the market capitalization in the catching-up process by a significant increase in the speed of convergence.","PeriodicalId":166057,"journal":{"name":"PSN: Global & Regional Governance (Topic)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121776887","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}