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11. Empires of Exceptionalism: Lessons from the EU AI Act and Attempts at AI Legislation in California

Author:
Hosuk Lee-Makiyama and Claudia Lozano
Publication Date:
11-2024
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The EU AI Act, which passed after three years of negotiations and much ambivalence, sets a comprehensive regulatory framework that reflects the European Union’s unique needs that are not translatable to other jurisdictions. The proposed bill in California (SB 1047) illustrates this case in point. The bill could potentially mislead the public into thinking that AI is already under effective regulatory control. Lawmakers must recognize that the EU differs from other systems. The EU AI Act is not only shaped by the desire to slow down global AI development, allowing Europe to catch up with rivals like the US and China: The EU lacks an enforceable constitution, and the Act prohibits its governments to impose social scoring and discriminatory measures. SB 1047 only addressed humanity-ending disasters and had unclear practical value. Meanwhile, the EU AI Act was passed into law to prevent internal competition and Europe’s history of authoritarianism. Existing laws in California and the EU already regulate most AI use cases. In addition, the EU AI Act reviews existing regulations to ensure they are still fit for purpose, something California failed to do in SB 1047. A critical takeaway is to examine existing obligations or executive powers (including enforcement agencies and public funding) to achieve the desired policy objectives. The diverging outcomes of the two laws show the importance of avoiding mismatches between policy objectives and legislative scope. AI regulation cannot substitute for other policy objectives, like privacy and antitrust. Also, lawmakers must weigh the cost of failed regulation against the risks of non-regulation. California did not see any immediate costs of inaction, whereas delayed action by the EU might have led to the fragmentation of its internal market. Also, given its collective decision-making, the EU can escape accountability for policy failures due to premature laws in a way the leaders in other political systems cannot.
Topic:
European Union, Digital Economy, Legislation, and Artificial Intelligence
Political Geography:
Europe, California, North America, and United States of America

12. UK-EU Divergence Tracker Q1 2024

Author:
Joël Reland
Publication Date:
04-2024
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
This edition of UK in a Changing Europe’s UK-EU Regulatory Divergence Tracker covers developments from January to March 2024. The Divergence Tracker provides an overview of where and how the UK has diverged from EU regulation. It identifies and analyses the most significant cases of divergence between the UK and EU during the period. It explains what the changes are, what impact they are having, and likely further consequences. In the Q1 2024 edition, the tracker finds five cases of active divergence (where the UK, or some part of it, changes its rules); fifteen of passive divergence (where the EU changes its rules and the UK, or some part of it, does not follow); one of ‘NI divergence’ (a new category covering cases where action is taken on the potential application of new or updated EU legislation in Northern Ireland); one of procedural divergence (where new processes are introduced to change how pre-existing divergence is managed); and three of active alignment (where the UK takes steps to align more closely with EU rules, systems or programmes). The standout trend in this tracker is the large volume of EU-led divergence, due to the rush to complete files before the parliamentary elections in June. In contrast to the EU, the pace of UK legislation has slowed in the run-up to the general election.
Topic:
European Union, Regulation, Legislation, and Divergence
Political Geography:
United Kingdom and Europe

13. Increasing Systemic Legal Risks in the EU: The Economic Impacts of Changes to the EU’s Product Liability Legislation

Author:
Matthias Bauer and Elena Sisto
Publication Date:
06-2023
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The EU’s Product Liability Directive (PLD) determines the rules for strict product liability in the EU. It establishes a framework in which manufacturers’ liability is determined solely based on the presence of defects in the product, regardless of the manufacturer’s fault. The PLD is intended to serve as a “safety net” when fault-based or contractual liability rules do not offer sufficient compensation to consumers. It operates independently from contractual arrangements between businesses and consumers, and it cannot be weakened by contractual agreements between businesses and consumers. The PLD is a horizontal regulation that applies to a wide range of industries in the EU because it applies to all products available on the EU market. The recently proposed changes by the European Commission would increase systemic legal uncertainty for producers and sellers of technology-intensive goods and services in the EU. The impact assessment of the European Commission does not sufficiently account for changes to the PLD proposed in 2022. Nor does it sufficiently account for the major impacts of increased legal uncertainty for European businesses. Legislators in the Council and the European Parliament should slow negotiations to allow time for policymakers to collect more evidence on the impacts on businesses, insurers, and courts we detail in this paper. This would be an opportunity to improve regulatory quality in light of the high levels of legal uncertainty associated with the changes proposed by the Commission.
Topic:
Economics, European Union, Legislation, and Risk
Political Geography:
Europe

14. Is Colombia One Step Away from a Fracking Ban?

Author:
César Rodríguez
Publication Date:
02-2023
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
While lawmakers debate a proposed fracking prohibition, deepening struggles over the social and environmental impacts of oil and gas extraction loom.
Topic:
Environment, Oil, Gas, Legislation, Wealth Extraction, and Fracking
Political Geography:
Colombia, South America, and Latin America

15. Bangladesh draft data protection act 2023: Potential and pitfalls

Author:
Christabel Randolph
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
The Bangladesh government’s updated draft data protection bill is a welcome revision of its 2022 attempt to address the country’s lack of a comprehensive data protection law, but there is still room for constructive change to heighten regulatory certainty. The Information and Communications Technology Division of the Ministry of Posts, Telecommunication, and Information Technology released the proposed Data Pro­tection Act 2023 (DPA 2023 or the bill) 1 on March 14—just days after the publication of the South Asia Center’s March issue brief—and the revised version responds to some of the criticism of the digital protectionism and restrictive provisions on digital business activity in the 2022 draft. Specifically, the proposed legislation reflects an operational sensibility based on stakeholder feedback on significant issues. It has incorporated more flexibility to frame rules to address changing situations, provided for a transition period, relaxed data localization requirements, and expressly recognized the importance of interna­tional cooperation and safeguard measures for facilitating data flows.
Topic:
International Cooperation, Science and Technology, Legislation, Innovation, and Digital Policy
Political Geography:
Bangladesh and South Asia

16. Reproductive Injustice? A County-Level Analysis of the Impact of Abortion Restrictions on Abortion Rates

Author:
Raymond Caraher
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
Political Economy Research Institute (PERI), University of Massachusetts Amherst
Abstract:
Since Planned Parenthood v. Casey in 1992, state governments in the United States have been permitted to restrict abortion access up to the point where such restrictions do not place an ‘’undue burden” on those seeking abortion care. Since this ruling, abortion restrictions of various types and intensities have proliferated across the South and Midwest, especially since the 2010s. This paper uses a novel dataset of county-level abortion rates covering 20 years, as well as a database covering four types of restrictions which represent both “demand-side” restrictions (i.e., those which target abortion seekers) and “supply-side” restrictions (i.e., those which target abortion providers), to analyze the effect of abortion restrictions on abortion rates. Using a difference-in-differences design, the analysis finds that while both classes of abortion restrictions reduce the abortion rate, restrictions that target pregnant people seeking an abortion have a substantially larger effect on abortion rates. Leveraging the spatial heterogeneity of the county-level dataset, the analysis further finds that abortion restrictions have a substantially larger negative effect on abortion rates for counties which have a larger share of Black or Hispanic residents. When comparing high and low income counties, the results suggest that poorer counties experience a higher negative effect of abortion restrictions. Further, the study finds significant variation in the effect of different abortion restrictions by state. While demand-side laws consistently cause abortion rates to decrease, the results for supplyside laws are more heterogenous. Overall, the results suggest that repealing Roe v. Wade will have a significant and unequal effect on abortion rates, with marginalized communities experiencing a greater impact.
Topic:
Health Care Policy, Inequality, Legislation, Reproductive Rights, and Abortion
Political Geography:
North America and United States of America

17. Violence against women: A public health crisis

Author:
Victoria Pedjasaar
Publication Date:
11-2023
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
In the EU, a third of women over the age of 15 have experienced physical or sexual violence and over half have been sexually harassed. Although often overlooked, the majority of (workplace) violence takes place in the healthcare sector as healthcare professionals are 16 times more at risk of violence in comparison to other occupations. Violence does not only manifest in abusive behaviour toward workers on duty but can also be perpetrated on women as receivers of healthcare. High rates of violence in healthcare, brought on and exacerbated by gender stereotypes and inequality, point to dysfunctional health systems. This Discussion Paper provides policy recommendations on the way forward for the EU member states, taking a closer look at: Gender-based violence against healthcare workers. Obstetric and gynaecological violence against women. Gender-based violence as a story of gender inequality. Legislation and policies that protect women.
Topic:
European Union, Women, Inequality, Gender Based Violence, and Legislation
Political Geography:
Europe

18. Gross National Happiness Policy Outputs in Bhutan from 1972 to 2014*

Author:
Michael Givel
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
In 1972, Bhutan’s Fourth King declared Gross National Happiness (GNH) more important than Gross Domestic Product. But what was the nature of GNH legislation policy outputs before and after the adoption of the written 2008 Bhutanese Constitution that required that Bhutan to promote GNH as a national policy goal? This study examines from 1972 to 2014 (six years after the adoption of the Bhutan Constitution) GNH policy outputs. There were two stages related to Bhutan’s four pillars that include sustainable and equitable economic development, good governance, cultural preservation, and environmental protection. In the first stage lasting to the 1990s, Bhutanese policy outputs emphasized preserving traditional culture. In the second phase from the 1990s to 2014, Bhutanese policy outputs emphasized Buddhist modernism in which all four pillars balanced traditional Buddhist values with modern issues like health care and illiteracy.
Topic:
Culture, Constitution, History, Legislation, Public Policy, and Gross National Happiness (GNH)
Political Geography:
South Asia and Bhutan

19. Iran’s Misunderstood Nuclear Law

Author:
Henry Rome
Publication Date:
09-2023
Content Type:
Commentary and Analysis
Institution:
The Washington Institute for Near East Policy
Abstract:
This summer, Supreme Leader Ali Khamenei delivered his most detailed remarks in years on Iran’s nuclear trajectory. While his comments on a potential agreement with the West drew the most attention, he also called on Iranian officials to follow a controversial 2020 law that ordered rapid steps to escalate the nuclear program and reduce international monitoring. “Some people think that this law creates problems for the country,” he stated. “They are wrong. This law is a good law...And it must be followed.” Indeed, the 2020 legislation has played a prominent role in Iranian debates about nuclear advances, and Khamenei’s comments suggest this will remain the case. Yet the law is widely misunderstood; more important, it has not been the primary driver of Iran’s actual nuclear activity over the past three years. The governments of Hassan Rouhani and Ebrahim Raisi each sidestepped key provisions of the legislation while also escalating the program in ways the law does not require. Despite Khamenei’s sentiment, neither the existing law nor potential successor legislation is likely to compel escalation or constrain diplomacy.
Topic:
Security, Arms Control and Proliferation, Legislation, Nuclear Energy, and Military
Political Geography:
Iran and Middle East

20. İş Sağlığı ve Güvenliği Profesyonellerinin Temel Sorunları

Author:
Esra Kaya Erdoğan and Kemal Gökmen Genç
Publication Date:
05-2023
Content Type:
Journal Article
Journal:
Bilgi
Institution:
Sakarya University (SAU)
Abstract:
Amaç- Bu çalışmanın amacı; iş sağlığı ve güvenliği (İSG) profesyonellerinin ana sorunlarını tespit etmek ve çözüm önerileri sunmaktır. Yöntem/Metodoloji/Dizayn- Çalışmada bu sorunları tespit etmek amacıyla 50 İSG profesyoneli ile mülakatlar yapılmıştır. Elde edilen veriler betimsel olarak analiz edilmiştir. Sonuçlar- Çalışma sonucunda; iletişim, iş birliği, denetim, mevzuat, farkındalık, güvenlik kültürü, güvenlik liderliği ile işveren ve yönetim eksenli problemlerin yaşandığı ortaya çıkmıştır. Katkı/Farklılıklar- Literatürde saha araştırmaları İSG profesyonellerinden çoğunlukla iş güvenliği uzmanlarına dönüktür. Bu çalışmada tüm İSG profesyonellerinin görüşleri analiz edilmiştir.
Topic:
Legislation, Survey, Professions, and Occupational Health and Safety
Political Geography:
Turkey and Middle East