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81. « 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

82. Second-Hand Motor Vehicle Imports in Zambia: Juicing from Lemons?

Author:
Thulani Banda and Zali Chikuba
Publication Date:
12-2014
Content Type:
Working Paper
Institution:
Zambia Institute for Policy Analysis and Research (ZIPAR)
Abstract:
The sustained positive growth of the Zambian economy has resulted in many shifts in consumption patterns of Zambian households. One notable change is the increased consumption of consumer durables, particularly motor vehicles. Motor vehicle ownership has increased substantially since 2004. The increase in motor vehicle ownership owes in part to the highly unbridled access to second hand motor vehicle imports. The downside of the relaxed motor vehicle import regulations as observed in Zambia is the ageing of the motor vehicle fleet and deterioration in fleet safety. Second hand motor vehicles imported in the country may be fine, but they may also be unreliable – commonly referred to as lemons in economic literature – and costly to maintain thereby generating serious financial, road safety and environmental concerns. Considering that Zambia is one of the highest road fatality risk countries in Africa with 23.7 road traffic deaths per 100,000 people, the ageing fleet of motor vehicles only compounds the risk. Thus, more deliberate measures to ensure lives are safeguarded and consumers get value-for-money on motor vehicle imports should be devised and implemented urgently.
Topic:
Regulation, Economy, Imports, and Motor Vehicles
Political Geography:
Africa and Zambia

83. Taking Control: Pathways to Drug Policies That Work

Author:
Global Commission On Drug Policy
Publication Date:
09-2014
Content Type:
Special Report
Institution:
Global Commission On Drug Policy
Abstract:
The Commission’s 2014 report broke ground by advancing and globalizing the debate over drug control measures and its alternatives. Anticipating the 2016 United Nations General Assembly Special Session on drugs (UNGASS), the report provides clear-cut pathways for Member States. The five recommendations for more effective drug policies include: putting health and community safety first; ensuring equitable access to controlled medicines; ending the criminalization of people who use or possess drugs; promoting alternatives to incarceration for low-level participants in illicit drug markets, including cultivators; and encouraging policy innovations such as legally regulated markets, beginning with, but not limited to cannabis, coca leaf and certain other psychoactive substances. Never had so many former world leaders spoken out in support of legal, regulation of currently illicit drugs.
Topic:
Crime, War on Drugs, Regulation, Drugs, Public Health, and Medicine
Political Geography:
Global Focus

84. Tableau de bord des pays d’Europe centrale et orientale et d’Eurasie 2013 (Volume 2 : Eurasie)

Author:
Jean-Pierre Pagé, Anne De Tinguy, Jacques Sapir, Hélène Clément-Pitiot, Matthieu Combe, Vitaly Denysyuk, and Raphaël Jozan
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Dans le Tableau de bord d’Europe centrale et orientale et d’Eurasie de 2009, nous écrivions que les pays de l’Europe centrale et orientale étaient « touchés mais pas coulés » par la crise mondiale. Quatre ans après, ce diagnostic est toujours valable. Si l’Union européenne reste pour eux un idéal et si l’adhésion à cette union demeure un projet clairement balisé pour les Etats qui n’en sont pas encore membres, celle-ci, engluée dans ses contradictions, paraît trop souvent absente, silencieuse. Aux populations qui lui demandent un meilleur niveau de vie et plus de justice sociale, elle répond par des exigences de réformes et d’austérité et alimente ainsi dangereusement leurs désenchantements. Savoir leur répondre, c’est le défi majeur de l’Union européenne aujourd’hui. Les pays de l’Eurasie, s’ils sont moins directement touchés par la crise de la zone euro et conservent, en conséquence, une croissance nettement plus élevée, ont d’autres préoccupations. Fortement sollicités par la Russie qui entend consolider sa zone d’influence avec la concrétisation de l’Union économique eurasiatique, ils sont aussi l’objet de l’attraction qu’exerce sur eux l’Union européenne – comme en témoignent éloquemment les évènements survenus en Ukraine – et, de plus en plus, la Chine. Cet espace est donc actuellement dans une recomposition qui conditionne les possibilités de son développement.
Topic:
Foreign Policy, Economics, Energy Policy, International Trade and Finance, Markets, Nationalism, Political Economy, Privatization, Natural Resources, Regulation, Finance, Economy, Regional Integration, and Multinational Corporations
Political Geography:
Central Asia, Caucasus, Kazakhstan, Kyrgyzstan, Armenia, Azerbaijan, Georgia, and Belarus

85. La fabrique politique d’une frontière européenne en Méditerranée. Le « jeu du mistigri » entre les Etats et l’Union (The political fabric of a European frontier in the Mediterranean: The “jeu du mistigri” between the States and the European Union )

Author:
Evelyne Ritaine
Publication Date:
07-2012
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
The political determination of the Mediterranean border of the European Union seen from the perspective of the Southern European countries (Spain, Italy, Greece, Malta) illustrates the symbolic and political importance for these nations of maintaining control of the border. It has a significant impact on the types of controls that are enacted and the interplay between national and European decisions. Placing this question on the agenda brings to light a Mediterranean perspective regarding the exterior borders of the European Union that is largely determined by the conditions of integration of the different countries into the Schengen area. This new border regime is the result of complex political games and is seen as a security issue. The actual set of controls seems to be less planned and legal-rational than simply erratic and the result of tensions between internal tactics, nation state strategies and attempts at bringing within the ring of EU.
Topic:
Security, Migration, European Union, Regulation, Borders, and State
Political Geography:
Greece, Balkans, Spain, North Africa, Italy, Western Europe, Mediterranean, European Union, and Malta

86. 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

87. Rethinking International Cooperation: The Case of Regulatory Networks in Competition Policy

Author:
Umut Aydin
Publication Date:
08-2011
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
In the last few decades, globalization has led to the emergence of complex international problems and new methods of cooperation to deal with them such as Transnational Regulatory Networks (TRNs). In this article I argue that dominant rationalist theories of International Relations such as neorealism and neoliberal institutionalism have difficulty accounting for the emergence of TRNS and their effects on state behavior. Thus, there is an increasing need to rethink our concepts and theories of international cooperation with the spread of TRNs. 6 e article explores this argument by focusing on cooperation on competition policy in the International Competition Network.
Topic:
International Relations, International Cooperation, and Regulation
Political Geography:
Global Focus

88. Escape from New York: The Market Impact of SEC Rule 12h-6

Author:
Nuno Fernandes, Uger Lel, and Darius P. Miller
Publication Date:
09-2008
Content Type:
Working Paper
Institution:
Board of Governors of the Federal Reserve System
Abstract:
We examine the stock market impact of SEC Rule 12h-6 which eased the ability of foreign firms to deregister with the SEC and as a result terminate their U.S. disclosure obligations under the 1934 Securities Exchange Act. We document that the market reacted negatively to the ability of firms from weak disclosure and governance countries to more easily opt out of the stringent U.S. reporting and legal environment. Our findings suggest that shareholders of non-U.S firms place significant value on U.S. securities regulations, especially when the home country investor protections are weak.
Topic:
International Trade and Finance, Regulation, Legal Theory, and SEC
Political Geography:
United States and North America

89. 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

90. Privatisation in the Meda Region

Author:
Celine Kauffmann and Lucia Wegner
Publication Date:
07-2007
Content Type:
Working Paper
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
This paper builds on a new database (PRIVMEDA) in order to assess the progress of the privatisation process in the MEDA countries of Algeria, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia and Turkey. The first part of the paper offers an overview of the privatisation record from 1990 to 2006. It shows that, as in other parts of the world, the first wave of privatisations in the 1990s, which focused almost exclusively on profit-making enterprises in the tourism, transport, food and construction material sectors, slowed down towards the early 2000s and rebounded in 2005 when larger utilities where earmarked for sale. The second part of the paper assesses the outcome of the privatisation process in light of three key objectives: fiscal proceeds, economic efficiency and the development of the local private sector. It concludes that privatisation in the MEDA region can successfully promote efficiency and private sector development only when embedded in a package of measures, including the setting up of a proper regulatory framework, the improvement of the business climate and the liberalisation of financial markets.
Topic:
Privatization, Tourism, Regulation, and Financial Markets
Political Geography:
Turkey, Israel, Algeria, Lebanon, Syria, Egypt, Jordan, Morocco, Tunisia, and Malta