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57481. From Free Trade to Supranational Polity: The European Court and Integration

Author:
Alec Stone Sweet and James A. Caporaso
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
In this paper, we propose a dynamic theory of legal integration, test the model quantitatively, and then cross-check it by way of process tracing. We show that transnational exchange, litigation, and the production of Euro-rules have evolved interdependently, and argue that this interdependence provokes and reinforces the spillover effects that partly drive the construction of supranational governance. In case studies of the impact of the legal system on outcomes in two areas, the free movement of goods and European social provisions, we show that our model outperforms the dominant framework for understanding how the EC legal system operates - intergovernmentalism. In each of these areas, the data show that the legal system functions to reduce member-state government control over policy outcomes, and to enhance the influence of supranational institutions, national judges, and private actors.
Topic:
Government, International Law, International Organization, and International Political Economy
Political Geography:
Europe

57482. The Institutional Terrain of the European Union

Author:
Neil Fligstein and Jason McNichol
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
One of the central issues in making sense of the European Union is the question of the degree to which it functions as an autonomous state. One pole of this debate conceives of the EU as a supranational entity while the other argues that it remains an intergovernmental bargain. Here, we propose to analyze the EU in terms of the structuring of its policy domains. 12 of 17 domains appear organized by nongovernmental organizations. We conclude that while the governments retain direct control over important parts of the EU, they have allowed most policy domains at the EU level to become autonomous.
Topic:
International Relations and International Organization
Political Geography:
Europe

57483. The Path to European Integration

Author:
Paul Pierson
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
Many European and American observers of the EC have criticized "intergovernmentalist" accounts for exaggerating the extent of member state control over the process of European integration. This essay seeks to ground these criticisms in a historical institutionalist" account that stresses the need to study European integration as a political process which unfolds over time. Such a perspective highlights the limits of member state control over long-term institutional development. Losses of control result from member state preoccupation with short-term concerns, the ubiquity of unintended consequences, and processes that "lock in" past decisions and make reassertions of member state authority difficult. Brief examination of the evolution of EC social policy suggests the limitations of treating the EC as an institutional "instrument" facilitating collective action among sovereign states. It is more useful to view integration as a path-dependent process that has produced a fragmented but still discernible multi-tiered European polity.
Topic:
International Organization, Politics, and Sovereignty
Political Geography:
America and Europe

57484. Emergence of a Supranational Telecommunications Regime

Author:
Wayne Sandholtz
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
The patchwork of national telecommunications monopolies in the EU was incapable of meeting a rapidly growing need on the part of societal actors for efficient, technologically advanced, cross-border telecommunications. The Commission mobilized various transnational actors -- equipment manufacturers, business users, providers of new services, suppliers of alternative infrastructures -- to support its plans for EU-level liberalization and harmonization. Whereas in a first phase the Commission acted as a source of initiatives and models for states whose policies were in flux, the second phase saw a dramatic shift in the nature of governance. Employing its powers under Article 90 of the Treaty (which does not require Council approval), the Commission set out to abolish national monopolies in telecoms equipment, services, and, finally, infrastructures. The telecoms case thus supports three of the project's central propositions: that societal transactions drive movement toward supranational governance; that changes in EU rules, organizations, and transnational society are interlinked; and that member states do not always control these processes of institutionalization.
Topic:
Government, International Political Economy, and Science and Technology
Political Geography:
Europe

57485. Economic Structure and the Decision to Adopt a Common Currency

Author:
Jeffrey A. Frankel and Andrew K. Rose
Publication Date:
08-1996
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
Everyone studing EMU cites the theory of Optimum Currency Areas: whether a country like Sweden should join the currency union depends on such parameters as the extent of Swedish trade with other EU members and the correlation of Sweden's income with that of other members. Few economists have focused on what we consider one of the most interesting aspects of this issue. Trade patterns and income correlation are endogenous. Sweden could fail the OCA criterion for membership today, and yet, if it goes ahead and joins anyway, could, as the result of joining, pass the Optimum Currency Area (OCA) criterion in the future. (Further, even if Sweden does not enter EMU quickly, it will be more likely to satisfy the OCA criteria in the future as a result of its recent accession to the EU.) The few economists who have identified the importance of the endogeneity of trade patterns and income correlation are divided on the nature of the relationship between the two. This is an important empirical question, which may hold the key to the answer regarding whether it is in Sweden's income interest to join EMU. We review the OCA theory, highlighting the role of trade links and income links. Then we discuss and analyze the endogeneity of these parameters. We present econometric evidence suggesting strongly that if trade links between Sweden and the rest of Europe strengthen in the future, then Sweden's income will become more highly correlated with European income in the future (not less correlated, as some have claimed). This has important implications for the OCA criterion. It means that a naïve examination of historical data gives a biased picture of the effects of EMU entry on Sweden. It also means that EMU membership is more likely to make sense for Sweden in the future than it does today.
Topic:
International Political Economy and International Trade and Finance
Political Geography:
Europe and Sweden

57486. The European Commission's Ability to Act under European Competition Law: The Example of Telecommunications and Electricity Policy

Author:
Susanne K. Schmidt
Publication Date:
08-1996
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
European competition law allocates far-reaching competences to the European Commission. The paper asks for the conditions under which the Commission may use these rights against the member states, focusing on the most powerful provision - the right of the Commission under Article 90 to issue directives by itself in those cases where member-state governments have allocated specific rights to undertakings that conflict with the Treaty's rules. In addition the Commission may pursue Treaty violations on a case-by-case basis. In European telecommunications policy the Commission has used its powers rather successfully, with all liberalization decisions being based on Article 90. But for European electricity policy the Commission has shrunk away from using these powers in favor of initiating council legislation. The paper analyzes the conditions of the Commission's ability to act under European competition law in a multi-level framework, drawing among others on a principal-agent approach.
Topic:
Energy Policy, Government, International Law, International Political Economy, and Science and Technology
Political Geography:
Europe

57487. Legitimate Rule in the European Union

Author:
Frank Schimmelfennig
Publication Date:
08-1996
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
Two seemingly contradictory trends dominate the European debate over legitimate rule. On the one hand, there appears to be no ideologically viable alternative to liberal democracy following the collapse of the Eastern Bloc. On the other, the rapid progress of European integration has triggered an intense public debate over the European Union's "legitimacy deficit" and active popular opposition in many Western European countries. This paper asks whether these two seemingly contradictory developments can be reconciled. It argues that they can once it is recognized that the modern inter-state system is undergoing profound change. State sovereignty is being undermined by the trans-nationalization of foreign policy and the inter-nationalization of governance. In particular, the European Union has crossed the border from horizontal (or anarchical) interstate cooperation to vertical (or hierarchical) policy making in a multi-level political system in which states are but one level of the policy.
Topic:
Foreign Policy, Economics, Government, International Organization, and Sovereignty
Political Geography:
Europe

57488. Trojan Horse or Boomerang: Two-Tiered Investment in the Asian Auto Complex

Author:
Gregory W. Noble
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
Berkeley Roundtable on the International Economy
Abstract:
The last decade has witnessed a momentous transformation in the political economy of East and Southeast Asia. From the 1950s until the early 1980s transnational production played a limited role in the strategies of Northeast Asian governments and firms. Ubiquitous policies of protection and promotion aimed to increase domestic investment, production and exports. Governments discouraged outward investment through financial controls, particularly over foreign currencies; they limited inward foreign investment to narrowly confined niches, and then often subjected it to onerous restrictions to prevent foreigners from gaining a major foothold in the national economy. The few exceptions involved areas in which domestic production was inadequate: investments in Southeast Asian raw materials and energy; investments by Japanese and Western firms in Korea and Taiwan for some labor-intensive products to be sold in local or third-country markets (but rarely in Japan); and a handful of high-tech investments by Western firms such as IBM which enjoyed such strong patent positions that they could not be forced to license their technology. Since the mid-1980s the combination of rapid currency appreciation, rising costs of labor, land and pollution control in Northeast Asia, and liberalizing economic reforms in Southeast Asia led to a huge surge of direct foreign investment, mainly for the production of labor-intensive manufactured goods. The focal point of Northeast Asian economies shifted from export-led growth based on protected domestic markets to management of regional production networks spread throughout Asia.
Topic:
Economics and Industrial Policy
Political Geography:
Japan, Taiwan, Asia, and Korea

57489. The Era of Microsoft? Externalities, and the Seattle Factor in the US Software Industry

Author:
Edmund A. Egan
Publication Date:
01-1996
Content Type:
Working Paper
Institution:
Berkeley Roundtable on the International Economy
Abstract:
Microsoft Corporation, the largest company in the US software industry, has been under anti-trust scrutiny from the Department of Justice for most of the 1990s. In 1995, its planned acquisition of Intuit, Inc. prompted a Silicon Valley law firm, on behalf of unnamed complainants, to submit a White Paper to the DOJ, on the subject of Microsoft's long-term strategy. The White Paper, relying on the theoretical concepts of network externalities and lock-in effects, argues that Microsoft will use Intuit's products to attain monopolistic positions in network operating systems, on-line services, and electronic commerce, and will eventually be in a position to affect the content transmitted over electronic networks.
Topic:
Industrial Policy and Science and Technology
Political Geography:
United States

57490. 1995-1996 State of World Conflict Report

Author:
Andrew Young
Publication Date:
08-1996
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
This year, the world celebrated the 100th anniversary of the modern Olympiad. Consider this vision of a world at peace: The opening ceremonies in Atlanta's Centennial Olympic Stadium, where more than 10,000 athletes from 197 countries gathered to demonstrate the highest ideals—teamwork, sportsmanship, and recognition of personal achievement. All invited countries participated, free of the ideological and political restraints that prevented many from attending in years past. For 16 days in July and August the world came together to honor those striving to surmount universal standards of excellence. Our hearts reached out to the hurdler who stumbled just before the finish line, the marathon runner who shook off fatigue, the Paralympian who rose above all expectations. We saw, for a brief moment, the potential all of us have to better ourselves and our world.
Topic:
Conflict Resolution, Arms Control and Proliferation, and Government
Political Geography:
United Nations