Search

Begin New Search Topic Regulation Political Geography Europe

11. The Hybrid Legal-Scientific Dynamic of Transnational Scientific Institutions

Author:
Oren Perez
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The objective of the present article is to develop a better understanding of the institutional dynamic of transnational regulatory scientific institutions (RSIs). RSIs play a significant role in the transnational regulatory process by mediating between the scientific community and policy-making bodies. I argue that RSIs have a hybrid structure involving both political-legal and epistemic authority. The hybrid structure of RSIs – their capacity to exert both normative and epistemic authority – constitutes an innovative response to the demand of modern society for scientific certainty and to the scarcity of normative power in the international domain. This hybrid nature has a triple structure involving three complementary pairs: law~science, law~non-law and science~pseudoscience. I examine the way in which RSIs cope with the challenge of maintaining their epistemic and legal authority against the tensions generated by their hybrid structure. The discussion of hybrid authority is related to the problem of scientific uncertainty. I examine this theoretical argument drawing on an in-depth analysis of three RSIs that reflect the institutional diversity of the RSI network: the Intergovernmental Panel on Climate Change, the International Commission on Non-Ionizing Radiation Protection and the European Committee of Homeopaths. I conclude with a discussion of some of the policy issues associated with the institutional design of RSIs. The policy discussion refers, first, to the risk posed by RSIs’ hybrid structure to their internal stability and, second, to some potential adverse social impacts that need to be considered alongside RSIs’ projected benefits.
Topic:
International Law, Science and Technology, Law, and Regulation
Political Geography:
Europe and Italy

12. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America

13. International Investment Law and the European Union: A Reply to Catharine Titi

Author:
Martins Paparinskis
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Reasonable people might disagree whether the European Union (EU) is likely to make a significant and commendable contribution to international investment law. This article addresses two issues of relevance for this discussion. First, it considers the appropriateness of evaluating evelopments in international investment law in terms of balance between investor protection and the right to regulate. Second, the contribution of the recent EU practice is briefly examined, finding it less interesting and innovative than one might have expected.
Topic:
International Law, European Union, Regulation, and Finance
Political Geography:
Europe and European Union

14. A Decade of AKP Power in Turkey: Towards a Reconfiguration of Modes of Government? (Une décennie de pouvoir AKP en Turquie : vers une reconfiguration des modes de gouvernement ?)

Author:
Elise Massicard
Publication Date:
07-2014
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
The Justice and Development Party (JDP) has been in power in Turkey since 2002, consolidating its electoral support among an array of social groups ranging from broad appeal among the popular classes to business leaders and a growing middle class. The success of the JDP is a consequence of the manner in which the party inserted itself into certain economic and social sectors. While the party has internalized the principles of reducing the public sphere and outsourcing to the private sector, it has not restricted the reach of government intervention. On the contrary, it has become increasingly involved in certain sectors, including social policy and housing. It has managed this through an indirect approach that relies on intermediaries and private allies such as the businesses and associations that is has encouraged. In this way, the JDP has developed and systematized modes of redistribution that involve the participation of conservative businessmen who benefit from their proximity to the decision-makers, charitable organizations, and underprivileged social groups. These public policies have reconfigured different social sectors in a way that has strengthened the Party’s influence.
Topic:
Civil Society, Sociology, Governance, Regulation, Political Science, and Networks
Political Geography:
Europe, Turkey, Middle East, Asia, and Balkans

15. « Two Attitudes towards the World ». Criminology in face of Financial Illegalisms | « Deux attitudes face au monde » : La criminologie à l’épreuve des illégalismes financiers

Author:
Anthony Amicelle
Publication Date:
06-2014
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
Michel Foucault’s work occupies a special place in the field of criminology. While the author of Discipline and punish has been (dis)credited as a source of division between criminologists or promoted as a legitimizing basis for “another” criminology, he has often been portrayed as a figure of rupture within this research tradition. The present article aims at clarifying this idea of rupture with the foucauldian concept of “illegalisms”. This paper is intended as a reminder of the heuristic value of such a conceptual framework to shed light on the various dynamics between financial crime and social control. To do so, I discuss a number of academic studies on business crime, the social relation to tax and dirty money in order to underline the rich possibilities of the foucauldian reflection for this wide area of research. Ultimately, the articulation of those academic studies helps to better understand the numerous changes in the management of economic and financial illegalisms over past decades in France. Their articulation shows a process of conversion and adaptation of differentiation between illegalisms that (re)produces an inequality of treatment depending on the situations and the categories of population.
Topic:
Crime, Regulation, Financial Crimes, Criminology, and Michel Foucault
Political Geography:
Europe and France

16. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

17. The Swedish Housing Market Better Allocation via Less Regulation

Author:
Felix Hufner and Jens Lundsgard
Publication Date:
06-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
While several sectors in the economy have been deregulated, the Swedish housing market remains distorted, hindering an optimal matching of supply and demand. In the rental market the rent setting framework with its focus on cost-based rents in the public sector prevents a price response, leading to long queues in some regions and vacancies in others. Many Swedes that would have preferred otherwise are driven into the owner-occupied segment, where prices are increasing strongly, and rising above an estimated fundamental value. The supply of new dwellings is made more difficult by an uncompetitive construction industry, coupled with cumbersome planning regulations and few incentives for municipalities to issue more land. On the fiscal side, real estate taxes are below neutral levels, implying an indirect subsidy to housing. This paper presents a review of the recent steps to abolish real estate taxes and also proposes comprehensive reform of regulations in the rental housing sector.
Topic:
Reform, Regulation, Public Sector, and Housing
Political Geography:
Europe, Sweden, and Scandinavia

18. How Regulatory Reforms in Sweden have boosted Productivity

Author:
Espen Erlandsen and Jens Lundsgaard
Publication Date:
09-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
The economic crisis in the early 1990s prompted action on reforming the Swedish welfare state and its institutions, including deregulation of a wide range of product markets. In that way, Sweden took early action compared to other OECD countries currently struggling with how to make public finances more robust in an ageing context. The reforms that were implemented during the 1990s are now paying off in terms of productivity and GDP growth. Empirical evidence suggests that deregulation has delivered a considerable “productivity dividend”. Although significant progress therefore has been made, renewed regulatory reform is needed to safeguard Sweden’s ambitious public policy goals. Efforts should focus on improving enterprise formation and labour utilisation, as well as on providing better value for money in the public sector by raising its efficiency and delivering high quality services.
Topic:
Financial Crisis, Reform, Regulation, and Public Policy
Political Geography:
Europe, Sweden, and Scandinavia