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701. Prosecuting Cartels without Direct Evidence of Agreement

Publication Date:
06-2007
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Cartels are agreements among competitors fixing prices, allocating markets or rigging tenders (bids). They are the most harmful of all types of competition law violations and should be sanctioned severely. Cartel cases are unique. The most important part of a cartel case is simply proving that such an agreement existed. But getting direct evidence of a cartel agreement can be difficult. Cartel operators work in secret and often do not co-operate with investigators. In these circumstances, circumstantial evidence can play an important role in proving the agreement.
Topic:
Economics, Markets, and Treaties and Agreements

702. After the MFA, the CCAs (China Containment Agreements)

Author:
O.G. Dayaratna-Banda and John Whalley
Publication Date:
05-2007
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The post-Multi Fiber Agreement (MFA) trade regime in textile and apparel appears to be emerging in ways which are quite different from what had been widely anticipated before the termination of Agreement on Textiles and Clothing (ATC). Since the end of ATC, there has been growing and spreading set of trade restrictions targeted primarily at China, the largest shipper of textile and apparel, through a series of agreements that we term China Containment Agreements. We discuss the evolution of these agreements, their behavioural responses, and then draw their parallels to those under the older MFA. We argue that there is potential for these restrictions to prolong and grow, as well as spread to other products through the product-specific safeguards mechanism included in the conditions of China's World Trade Organization accession.
Topic:
International Relations, Economics, and Treaties and Agreements
Political Geography:
China and Asia

703. CÔTE D'IVOIRE :FAUT-IL CROIRE À L'ACCORD DE OUAGADOUGOU ?

Publication Date:
06-2007
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
L'accord de paix conclu le 4 mars 2007 à Ouagadougou entre Laurent Gbagbo et Guillaume Soro constitue un tournant majeur dans la résolution du conflit armé en Côte d'Ivoire, mais ne représente qu'un premier pas dans la bonne direction. Tous les Ivoiriens qui souhaitent une paix durable doivent maintenant se mobiliser pour exiger du gouvernement de transition la délivrance effective des titres d'identité prévus, la récupération des armes encore détenues par les milices, une véritable réforme du secteur de la sécurité et un processus électoral crédible. La communauté internationale a évité à la Côte d'Ivoire de sombrer dans le chaos au cours de ces quatre dernières années et doit maintenir intact son engagement militaire, politique et financier. L'évolution du processus de paix ne doit pas être dictée par les seules ambitions des deux signataires de l'accord de Ouagadougou mais aussi par l'objectif de la construction d'une paix durable en Côte d'Ivoire qui est cruciale pour la stabilité de toute l'Afrique de l'Ouest.
Topic:
Conflict Resolution, International Relations, Civil War, Government, and Treaties and Agreements
Political Geography:
Africa

704. Northern Uganda Peace Process: The Need to Maintain Momentum

Publication Date:
09-2007
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Peace talks between the Ugandan government and the insurgent Lord's Resistance Army (LRA) are moving in the right direction, but the core issues – justice, security and livelihoods – are still to be resolved and require difficult decisions, including on the fate of LRA leaders whom the International Criminal Court (ICC) has indicted. The 2 May 2007 agreement on comprehensive solutions to the conflict and the 29 June agreement on reconciliation and accountability revived momentum for the year-old talks in the southern Sudan town of Juba. Rebel elements in southern Sudan moved to the LRA's jungle hideout near Garamba National Park in Congo in May and June, thus expanding the peace process' major achievement: more security for millions of civilians in northern Uganda and southern Sudan. Yet both recent agreements are incomplete and devoid of specifics. Both parties' commitment to a deal remains questionable. The international community needs to help the mediators by creating more leverage to push the peace process forward, including by presenting the LRA with a credible back-up military threat.
Topic:
Conflict Resolution, International Relations, and Treaties and Agreements
Political Geography:
Uganda, Africa, Democratic Republic of the Congo, North Uganda, South Sudan, and Juba

705. Afghanistan's Endangered Compact

Publication Date:
01-2007
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
While the growing insurgency is attracting increasing attention, long-term efforts to build the solid governmental institutions a stable Afghanistan requires are faltering. Following conclusion of the Bonn process, which created the country's elected bodies, the Afghan government and the international community committed at the London Conference (31 January-1 February 2006) to the Afghanistan Compact, which identified “three critical and interdependent areas or pillars of activity” over five years: security; governance, rule of law and human rights; and social and economic development. The government signed on to realizing a “shared vision of the future” for a “stable and prosperous Afghanistan”, while over 60 nations and international institutions promised to provide the necessary resources and support. A year on, even those most closely associated with the process admit that the Compact has yet to have much impact. Afghans and internationals alike still need to demonstrate the political will to undertake deep-rooted institutional changes if the goals of this shared vision are to be met.
Topic:
Conflict Prevention, Government, and Treaties and Agreements
Political Geography:
Afghanistan, Asia, and London

706. The Post-Kyoto Bidding War: Bringing developing countries into the fold

Author:
Alex Evans
Publication Date:
10-2007
Content Type:
Policy Brief
Institution:
Center on International Cooperation
Abstract:
This briefing paper explores the difference between the EU and US-Australian positions on global climate policy in the wake of the 2007 Heiligendamm G8 summit and the UN High Level Event on climate change. It notes that although the two have very different analyses of the urgency of responding to climate change, they still concur on two of the most fundamental issues in post-Kyoto policy on climate change mitigation: neither side is arguing for a quantified ceiling on CO2 levels in the atmosphere, and neither is arguing for developing countries to take on quantified targets.
Topic:
International Relations, Climate Change, International Cooperation, and Treaties and Agreements
Political Geography:
United States and Australia

707. The Trade Effects of Preferential Arrangements: New Evidence from the Australia Productivity Commission

Author:
Dean A. DeRosa
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
This paper critically examines “new” evidence from the gravity model that indicates the majority of preferential trading arrangements (PTAs) today are predominantly trade diverting. This new evidence on trade diversion was presented in a recent Australia Productivity Commission (APC) working paper. Although no major faults are found in the methodology of the APC study, the present analysis finds the opposite conclusion—that the majority of current PTAs are predominantly trade creating—when a variant of the gravity model formulated by Andrew Rose is applied to up-to-date regression data using a variety of econometric methods, including the Tobit regression method employed by the APC study.
Topic:
Economics, Foreign Exchange, and Treaties and Agreements
Political Geography:
Australia/Pacific

708. Danish positions on key developments in the European Union

Author:
Gry Thomasen
Publication Date:
02-2007
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
The biggest surprise in the current Danish debate is that there is still very broad coverage of EU issues involving the media and public conferences, particularly regarding the Constitutional Treaty; energy and the environment; enlargement to South Eastern Europe and beyond; and more recently the difficult relations between Russia and the EU. The public debate over the Constitutional Treaty is active, while the government looks forwards to what the German Presidency, as well as the 'No' countries, put forward as suggestions after the French Presidential elections. Following Denmark's four-point suggestion at Lahti for an EU energy policy, the Danish concerns over renewable supply, increased efficiency, a liberalised market, and more research in order to improve energy security have heightened. After the Commission's report of enlargement and integration capacity, the Danish debate has focused on support for the Croatian bid for EU membership, whilst emphasising the need for considerable reforms in Turkey. Finally, following the rebuke by Denmark, Sweden, Estonia and Poland in Lahti on the question of human rights in Russia after the murder of Anna Politkovskaya, the failure to overcome the Polish-Russia impasse at the EU-Russia summit is also important in the Danish debate.
Topic:
International Relations, Development, and Treaties and Agreements
Political Geography:
Russia and Europe

709. Reflections on Multilevel Legitimacy

Author:
Fritz W. Scharpf
Publication Date:
07-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
The function of legitimacy is to ensure voluntary compliance with unwelcome exercises of governing authority. Since practically all European law needs to be implemented and enforced by the governments and courts of the member states, the EU does not have to face its citizens directly. It follows that the legitimacy of European governance ought to be conceptualized at two levels. At one level, the legitimacy of member states is decisive for the compliance of individuals and firms, regardless of the ultimate origin – international, European or national – of the rules that demand this compliance. At the other level, the legitimacy of the European “government of governments” is decisive for the voluntary compliance of member states with the obligations imposed on them by the EU. What should be worrying however is the impact which EU governance – especially the rules of negative integration defined by politically non-accountable actors – may have on the legitimacy of member states, and ultimately on their capacity to comply.
Topic:
Government, International Law, and Treaties and Agreements
Political Geography:
Europe

710. The Effects of Alternative Policy Scenarios on Multifunctionality: A Case Study of Spain

Author:
Irene Blanco, Arancha Simó, and Consuelo Varela-Ortega
Publication Date:
06-2006
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
This paper focuses on the comparative analysis and evaluation of the impact of multifunctionality on the agricultural sector for different scenarios that take into account the protection of the environment and natural resources as well as the international trade agreements in the context of the EU agricultural sector. The research focuses on two different regions in Spain that represent the continental agriculture of the region of Castilla-Leon in the northern central plateau and the Mediterranean fertile agriculture of Andalusia in the south. The analysis has been carried out based on mathematical programming models that simulate farmers' behaviour and their response to the different policy scenarios that correspond to the EU agricultural policies (CAP programmes) and water policies (Water Framework Directive) currently in place. Specifically, these scenarios are: full and partial decoupling, subsidy modulation, crop prices reduction, cross-compliance measures and water pricing policies. Results indicate that the new decoupled CAP will not lead to drastic changes in land use in the two regions studied but will have negative repercussions on farmers' income. Moreover, the introduction of additional measures, such as cross-compliance, will contribute substantially to improving and protecting the environment even though they amount to an additional cost for farmers. Reduction in crop prices will have significant effects on international trade and is likely to produce a reduction in farm intensification and hence a beneficial effect on the environment but will involve negative socio-economic impacts in marginal rain-fed farms. As regards the integration of agricultural and water conservation policies, the application of the EU Water Framework Directive in conjunction with the new CAP reform would produce different regionspecific effects and might question the viability of a number of irrigated farms in Spain.
Topic:
Agriculture, Economics, and Treaties and Agreements
Political Geography:
Europe and Spain