dunnettreader + international_organizations   36

Henry Farrell - Privatization as State Transformation — Crooked Timber - Sept 2016
This account helps explain not only why key parts of the state have become privatized or semi-privatized, being put out to private operators, but why states are increasingly relying on private systems of ordering. It shows how the privatization of governance spans the international sphere as well as domestic politics, since international and cross-national forms of regulation have sometimes been partly privatized, and sometimes structured so as to provide private entities with new opportunities to challenge government decisions. Finally, it provides the basis for a specific normative critique of privatization. Here, I do not try to evaluate whether the economy works worse, or better, after privatization than it did in an era when the state exercised control through ownership rather than regulation. Instead, more simply, I show that privatization did not work as its enthusiasts argued and believed that it would, looking to evaluate it in terms of its own promises. Rather than pushing back the state, and replacing political inefficiency with the competitive disciplines of the market, it has replaced one form of political control with another. -- downloaded via iPhone to DBOX
competition-political  political_science  efficiency  political_change  downloaded  international_organizations  international_political_economy  IR-domestic_politics  hierarchy  accountability  reform-political  competition  political_economy  risk_management  paper  government-forms  political_sociology  political_order  politics-and-money  political_discourse  privatization  organizations  decision_theory  bureaucracy  political_culture 
october 2016 by dunnettreader
Olivier Geden - Pragmatism in Climate Policy | Project Syndicate - Nov 2015
Re environmental activists finally openly recognizing top-down binding negotiations have been and will continue to be guaranteed to fail
Pocket  international_political_economy  international_organizations  multilateralism  UN  diplomacy-environment  climate  energy  environment  grassroots  from pocket
november 2015 by dunnettreader
Timothy W. Guinnane -A pragmatic approach to external debt: The write-down of Germany’s debts in 1953 | VOX, CEPR’s Policy Portal -13 August 2015
Greece’s crisis has invited comparisons to the 1953 London Debt Agreement, which ended a long period of German default on external debt. This column suggests that looking back, the 1953 agreement was unnecessarily generous given that Germany’s rapid growth lightened the debt repayment burden. Unfortunately for Greece, the motivations driving the 1953 agreement are nearly entirely absent today. -- downloaded pdf to Note
article  sovereign_debt  default  20thC  post-WWII  Germany  international_political_economy  international_finance  international_monetary_system  Greece-Troika  creditors  EU_governance  IMF  international_organizations  structural_adjustment  austerity  economic_growth  downloaded 
august 2015 by dunnettreader
Arvind Subramanian - How the IMF Failed Greece | Project Syndicate August 2015
Grexit should have been on the menu as a realistic option, properly supported with financing the transition, instead of the horrifying unknown for Greece and the Eurozone. Better start planning, since it's likely to come up again, certainly for Greece and possibly other EZ members.
Pocket  Eurozone  Eurocrsis  Greece-Troika  EU_governance  IMF  international_organizations  international_political_economy  international_finance  international_monetary_system  sovereign_debt  from pocket
august 2015 by dunnettreader
interfluidity » Greece - July 2015
Steve Randy Waldmann -- his 1st take on what's been going on, and how the Eurozone gives all the power to creditors, which produces a bunch of terribly misaligned incentives -- and what business bankruptcy law guards against
Instapaper  EU  EU_governance  Eurozone  ECB  Great_Recession  financial_crisis  Greece-Troika  IMF  bailouts  political_economy  democracy_deficit  austerity  bank_runs  central_banks  lender-of-last-resort  international_organizations  international_finance  creditors  bankruptcy  incentives-distortions  sovereign_debt  default  from instapaper
july 2015 by dunnettreader
Updating the Policy Framework for Investment (PFI) - OECD
Investment policy reviews are conducted using OECD investment instruments and - since its adoption in 2006 - the Policy Framework for Investment. Using a process of peer examination, the OECD Investment Committee has published investment policy reviews since 1993. Priority countries for review are those showing potential for adherence to the OECD investment instruments. ‌Since the PFI was agreed in 2006, new forces have reshaped the global investment landscape, including the global economic and financial crisis, which started in 2008 and from which many economies have still not recovered, the emergence of new major outward investors within the G20, the spread of global value chains, and signs that pressures for investment protectionism are on the rise. Numerous lessons have also been learnt through the use of the PFI, particularly in developing and emerging economies. The PFI has been updated to reflect these new global economic fundamentals and was released in Paris on 3 June 2015 at the OECD Ministerial Council Meeting. 4/6/2015 - More than 25 countries have used the PFI when engaging in investment policy reviews. The experiences of these countries were used as an integral part of the multi-stakeholder update of the PFI which is now complete. -- pdf links for revised PFI and a "background to the uodate" -- downloaded pdf to Note on Action Taken using PFI guidance
report  OECD  OECD_economies  LDCs  emerging_markets  policymaking  public_policy  investment  investors  FDI  value-chains  supply-side  supply_chains  globalization  regulation-harmonization  trade-policy  financial_sector_development  capital_flows  international_political_economy  international_finance  international_organizations  downloaded 
july 2015 by dunnettreader
Ashoka Mody - In bad faith | Bruegel.org - July 3 2015
On July 2, the IMF released its analysis of whether Greek debt was sustainable or not. The report said that Greek debt was not sustainable and deep debt relief…
Instapaper  Greece-Troika  Eurozone  IMF  sovereign_debt  international_organizations  international_finance  global_governance  austerity  default  bank_runs  ECB  lender-of-last-resort  from instapaper
july 2015 by dunnettreader
Martens, Rusconi and Leuze, eds. - New Arenas of Education Governance: The Impact of International Organizations and Markets on Educational Policy Making | Palgrave Macmillan - November 2007
Edited by Kerstin Martens, Alessandra Rusconi, Kathrin Leuze -- How and to what extent is education becoming a field of international and market governance? Traditionally, education policy making has been viewed as the responsibility of the nation state, falling within the realm of domestic politics. But recent years have witnessed the transformation of the state. Globalization has introduced new actors and led to the internationalization and marketization of education. This volume provides the most comprehensive and up-to-date account of these new arenas of education governance, examining the impact of international organizations and the role of the market in policymaking. It demonstrates how education policy is formulated at international levels and what the consequences for national policy making will be. -- excerpt = TOC, Introduction and index -- downloaded pdf to Note
books  public_policy  education  education-higher  education-training  education-privatization  education-finance  international_organizations  globalization  markets_in_everything  market_fundamentalism  privatization  public_goods  governance  global_governance  business-and-politics  business_influence  education-civic  values  accountability  Labor_markets  human_capital  competition  competition-interstate  development  distance_learning  IT  communication  nation-state  national_ID  knowledge_economy  OECD  World_Bank  WTO  trade-policy  trade-agreements  student_debt  democracy_deficit  political_participation  EU  EU_governance  standards-setting  testing  downloaded 
may 2015 by dunnettreader
Oscar Widerberg and Philipp Pattberg - International Cooperative Initiatives in Global Climate Governance: Raising the Ambition Level or Delegitimizing the UNFCCC? (2014) | Global Policy Journal - Wiley Online Library
To close the gap between existing country pledges and the necessary ambition level to limit anthropogenic climate change to not more than 2°C average global temperature increase above pre-industrial levels, decision makers from both the public and private domain have started to explore a number of complementary approaches to the top-down targets-and-timetables approach of international climate change policy. Referred to as International Cooperative Initiatives (ICI), these governance arrangements are now also officially acknowledged under the United Nations Framework Convention on Climate Change (UNFCCC) Durban Platform for Enhanced Action. While proponents see ICIs as important bridging devices towards more ambitious climate policy, in particular up to 2020, critical observers note that the voluntary nature of ICIs makes it difficult to assess their contribution to climate change mitigation. This article scrutinizes the potential of ICIs to meaningfully contribute to closing the emissions gap along the criteria of effectiveness, legitimacy and institutional fit. As means of illustration, the analytical framework is applied to a random sample of nine ICIs (out of a total of 45 listed on the UNFCCC Secretariat's website). We find that while potential technical effectiveness is high, legitimacy and institutional fit should be improved with a view towards integrating ICIs into the emerging post-2015 climate governance architecture. -- Wiley available free -- downloaded pdf to Note
article  global_governance  IR_theory  climate  international_organizations  international_law  bilateral_agreements  United_Nations  legitimacy-international  downloaded 
march 2015 by dunnettreader
OECD's Committee on Fiscal Affairs - Consultation Papers and Comments Received (regularly updated) | Tax - OECD
The OECD's Committee on Fiscal Affairs consults with business and other interested parties through a variety of means to inform its work in the tax area. One important way of obtaining such input is through the release of papers or discussion drafts for public comment. Below is a list of past discussion drafts for comments: -- list with links to papers and comments regularly updated
OECD  OECD_economies  international_political_economy  global_governance  taxes  tax_havens  tax_collection  governments-information_sharing  fiscal_policy  sovereign_debt  public_finance  regulation-harmonization  regulation-enforcement  regulation-costs  transparency  cross-border  MNCs  international_organizations  international_finance  website  links  report 
november 2014 by dunnettreader
Richard Lachmann - States and Power (PPSS - Polity Political Sociology series) - 249 pages (2013) | Kindle eBooks @ Amazon.com.
States over the past 500 years have become the dominant institutions throughout the world, exercising vast and varied authority over the economic well-being, health, welfare, and very lives of their citizens. This concise and engaging book explains how power became centralized in states at the expense of the myriad of other polities that had battled one another over previous millennia. Richard Lachmann traces the contested and historically contingent struggles by which subjects began to see themselves as citizens of nations and came to associate their interests and identities with states. He explains why the civil rights and benefits they achieved, and the taxes and military service they in turn rendered to their nations, varied so much. Looking forward, Lachmann examines the future in store for states: will they gain or lose strength as they are buffeted by globalization, terrorism, economic crisis, and environmental disaster? This stimulating book offers a comprehensive evaluation of the social science literature that addresses these issues, and situates the state at the center of the world history of capitalism, nationalism, and democracy. It will be essential reading for scholars and students across the social and political sciences. -- reviews all the main theoretical approaches to rise of the nation-state, state-building, and various speculations on the demise or transformation of the state in the era of globalization and transnational actors and issues. -- looks extremely helpful, if for nothing than the lit review and bibliography
books  kindle-available  buy  historical_sociology  political_sociology  nation-state  nationalism  national_ID  citizenship  legitimacy  Europe-Early_Modern  colonialism  imperialism  IR_theory  capitalism  mercantilism  military_history  16thC  17thC  18thC  19thC  20thC  21stC  empires  empire-and_business  legal_system  international_law  international_political_economy  global_governance  globalization  elites  elite_culture  MNCs  international_organizations  international_system  power  IR-domestic_politics  terrorism  Internet  democracy  rule_of_law  civil_society  civil_liberties  social_theory  national_interest  refugees 
september 2014 by dunnettreader
Issue TOC - THE RESILIENCY OF THE NATION-STATE IN SCHOLARSHIP AND IN FACT | JSTOR: Review (Fernand Braudel Center), Vol. 34, No. 3, 2011
Introduction: "Globalization" and the Nation-State in the Modern World-System (pp. 253-258) - Denis O'Hearn and Thomas M. Wilson. *--* Nationalism in a Post-Hegemonic Era (pp. 259-283) - Richard Lachmann. *--* The State of States in International Organizations: From the WHO to the Global Fund (pp. 285-310) - Nitsan Chorev, Tatiana Andia Rey and David Ciplet. *--* On the Study of Social Optics: Foucault, Counter-Surveillance, and the Political Underground in Northern Peru (pp. 311-331) - David Nugent -- lots of interesting bibliography
article  journal  jstor  20thC  21stC  economic_history  political_history  political_economy  international_political_economy  cultural_history  globalization  global_governance  global_economy  global_system  global_history  social_theory  political_sociology  political_culture  political_nation  nation-state  national_ID  elites  elite_culture  MNCs  international_organizations  international_system  international_finance  IR_theory  IR-domestic_politics  hegemony  Foucault  IFIs  world_systems  bibliography  EF-add 
september 2014 by dunnettreader
Tax Analysts -- Ajay Gupta - Renouncing the Dogma of Surrey’s Infallibility - September 2014
The arm’s-length standard assumes that related entities are unrelated and seeks to find the price at which they would have bought and sold in the marketplace. A MNE, however, exists as an integrated firm precisely to avoid marketplace transactions. Disregarding that irreconcilable conflict may not have mattered in avoiding double taxation a half-century ago. But today the fiction of unrelated parties and market transactions not just obfuscates reality but can also compound the double nontaxation problem. This is especially true of intangibles that by definition have no physical situs and can therefore be deemed to have been created almost anywhere. Increasingly, an MNE’s profits are derived from intangibles and reinvested in research that develops and refines these virtual assets. As long as the OECD retains the blinkers of the arm’s-length standard, it is unlikely to see most cross-border research endeavors for what they truly are—cynical attempts at gaming the international tax regime. Treasury’s export of Surrey’s arm’s-length standard was perhaps the most successful case of ideological conversion in the arena of international tax policy. But the United States itself has been inching away from that construct. In 1986 Congress amended section 482 to require a "commensurate with income” standard for transfers of intangibles. Treasury proposed the profit-split method in 1988 and more recently finalized the cost-sharing regulations. Each of those attempts at reform rejects the simple-minded notion of market transactions between unrelated parties. The OECD, however, clings to the gospel of the arm’s-length standard with a zeal befitting a convert. It seems that Treasury will have to renounce the dogma of Surrey’s infallibility before a true reformation in transfer pricing can finally get underway.
global_governance  global_economy  MNCs  taxes  corporate_tax  cross-border  tax_havens  tax_collection  OECD  international_political_economy  international_organizations 
september 2014 by dunnettreader
WFE response to IOSCO consultation on market structure -May 2013 | World Federation of Exchanges
Executive Summary - The WFE commends IOSCO for carefully analyzing the issues raised by the growing and disruptive fragmentation and loss of visibility (darkness) in equity markets. The four sensible recommendations in this consultation progress efforts on the part of regulators and exchange operators worldwide to ensure that equity markets continue to serve investors by becoming ever more efficient, transparent and fair. The WFE supports competition and believes that regulators must promote market designs that foster order interaction in a free, transparent and fair competitive environment. Unfortunately, regulations intended to promote competition between and on-exchanges have in recent years been misused to enable the growth of venues designed to avoid competition. The WFE is concerned about the integrity and efficiency of fragmented, complex and dark markets, particularly as it relates to price formation, surveillance, and market resiliency. Market participants are increasingly discouraged from posting competing prices in lit venues, and evidence indicates that spreads are wider than they could be otherwise. Similarly, diminishing transparency and fair access leads to market complexity that makes markets less capable of handling volatility. Finally, the WFE is concerned that a greater share of equities trading occurs away from full regulatory protection offered by regulated exchanges. The WFE calls into question two common practices in fragmented markets. First, retail and institutional orders are systematically segmented toward venues designed to avoid quote competition, where conflicts of interest are unavoidable. Second, fragmented markets increasingly allow participants to step in front of displayed public limit orders on dark venues with little to no price improvement or block trading. The incentive to segment markets and reduce transparency jeopardizes the price discovery process and can adversely impact costs for all investors. The WFE calls attention to the problems that investors and security commissions face in receiving reliable data from OTC equity trading venues. While the WFE believes that the quality of data, and the costs associated with aggregating data should be weighed when changes to market structure are considered, consistent transparency regulations across venues is fundamental to efficient trading and market surveillance.
The WFE supports recent changes made by the security commissions of Canada and Australia in curbing the excesses of OTC equity trading -- didn't download
report  IOSCO  international_organizations  financial_system  financial_regulation  law-and-finance  disclosure  capital_markets  equity-corporate  OTC_markets  competition-financial_sector  market_integration  markets-structure  HFT  self-regulation 
september 2014 by dunnettreader
Lant Pritchett -The Politics of Penurious Poverty Lines (Part II) Strange Bedfellows | Center For Global Development September 2014
Re unholy alliance in US, Europe and Japan between advocates for the destitute, fiscal realists and post-materialists -- I argue the success of the "advocates for the destitute" is the result of a coalition of strange bedfellows that actually bring the political heft in rich countries and use the rhetoric of the "advocates" as cover. The fiscal realists and post-materialists like penurious poverty lines not because they put more attention on the poor [the advocates' rationalization of using the poorest of the poor as a PR target], but because they take income gains to everyone else off the table by making a small deal of big differences in incomes between the “middle class” in Ethiopia or India and those of the rich countries. Reframing the “center” of the development agenda around an arbitrary poverty measure that eliminates 5 billion people from “development” is a political master-stroke for the fiscal realists. The advocates of penurious poverty lines create political space for fiscal realists to posture as “pro-development” (and not just hard-hearted or fiscally strapped) while arguing that “development assistance” hasn’t gone to “the poor” (by this new arbitrary measure) and hence with “focus,” agencies need less resources. “Extreme poverty” is a boon for post-materialists in promoting their goals as it manages to take the concerns of large majorities in developing countries in favor of rapid material progress (prioritized at their existing material conditions over other legitimate goals) off the table as their income gains don’t “count” as development progress as they are not “poor.”
post-2015_agenda  development  poverty  global_governance  emerging_markets  OECD_economies  aid  conservatism  values  environment  sustainability  welfare  technical_assistance  technology_transfer  middle_class  international_organizations  UN 
september 2014 by dunnettreader
Lant Pritchett - Politics of Penurious Poverty Lines (Part I) | Center For Global Development -September 2014
There are three good reasons why gains to those between the 40th and 80th percentile of the income/consumption distribution need to be central to a global development agenda. -- 1. there is at least a rhetorical consensus on two points: one, that aid effectiveness is requires “country ownership,” and two, governments should reflect the wishes of their citizens (some would simplify this to “democracy”). How can a democratically elected government be expected to “own” a global development agenda centered on a goal that excludes their middle class .. and not on policies that promote the general well-being of all citizens. 2. the consumption of the median person in developing countries is itself a good development target. Birdsall and Meyer (2014) show that, compared to even the poorest in rich countries, the median in developing countries have very low consumption - the poorest income quintile in the USA is 15 times higher than the consumption of the median person in India, Pakistan, Bangladesh, or Nigeria and almost 10 times higher than even the median person in “middle income” countries like Egypt or China. No one in US politics claims the consumption of the US median household at $39 dollars a day is “too rich” to merit concern. 3. many have argued that having a functional and prospering “middle class” is instrumentally essential to development and functioning governance and hence benefitting the poor (e.g., Easterly 2000). Given the central role that “good governance” and “building institutions” has acquired in development discourse, try to imagine a successful strategy for strengthening governance or institutions that deliberately excluded the middle class. How exactly does one build “political momentum” to center a global development agenda on a goal that is not the center of the development agenda of any major developing country? And why? That is for part II.
development  poverty  aid  post-2015_agenda  institution-building  emerging_markets  middle_class  governance  OECD_economies  global_governance  international_political_economy  international_organizations  IFIs  UN 
september 2014 by dunnettreader
Brad Plumer - Good news: The hole in the ozone layer is finally starting to heal - Vox September 2014
Estimate it will be healed back to 1980 status by 2050 -- It's worth emphasizing what a close call we had with the ozone layer. When scientists first began measuring ozone concentrations in the Antarctic region in the 1960s and 1970s, the readings were so unexpectedly low that researchers thought the instruments were simply wrong. It wasn't until 1974 that chemists Mario Molina and Sherwood Rowland published a paper linking the depleted ozone levels with the fact that concentrations of CFCs were lingering in the atmosphere for a long time. But this connection was difficult to prove — and it was fiercely disputed by Dupont, the world's biggest manufacturer of CFCs, for years. -- Fortunately, that didn't happen. As part of the Montreal Protocol of 1987, the nations of the world agreed to ban the production of CFCs used in refrigerators, spray cans, insulation foam and fire suppression — and eventually phase out their use. -- in many cases, companies and countries stopped using CFCs and started using HCFCs (hydrochlorofluorocarbons) as a replacement. As it turns out, HCFCs are a potent greenhouse gas that can contribute to global warming. So, in a sense, we've swapped out one problem for another. -- Currently, there's a push to revisit the Montreal Protocol and phase out HFCs and HCFCs in favor of chemicals that neither hurt the ozone layer nor contribute to global warming.
climate  global_governance  international_organizations  diplomacy  diplomacy-environment  regulation-enforcement  regulation-harmonization 
september 2014 by dunnettreader
Lilian Richieri Hanania - The UNESCO Convention on the Diversity of Cultural Expressions as a Coordination Framework to Promote Regulatory Coherence in the Creative Economy :: SSRN June 7, 2014
"The UNESCO Convention on the Diversity of Cultural Expressions as a Coordination Framework to Promote Regulatory Coherence in the Creative Economy" -- Université Paris I Panthéon-Sorbonne -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/03. **--** [The paper looks at] business convergence in creative industries from the perspective of cultural diversity. It is based on the premise that the recognition of the creative and innovative component of the so-called “creative industries” or the “creative economy” confirms the need for non-economic factors and particularly cultural concerns to be taken into account in regulatory efforts addressing those industries. It examines the way new technologies and business convergence may affect the “trade and culture debate” vis-à-vis the WTO, and how the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) may respond in a relevant manner to those challenges. Despite its weakly binding language, the CDCE contains principles, objectives and rules that set a comprehensive framework for policy “related to the protection and promotion of the diversity of cultural expressions” at the national, regional and international levels. -- By prioritizing policy and regulatory coordination, ... the main elements enshrined in the CDCE should be employed to contribute to greater coherence ...vis-à-vis the WTO and other IOs. - Number of Pages: 23 - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  UN  UNESCO  diversity  culture  cultural_change  culture_industries  creative_economy  trade-policy  trade-agreements  international_organizations  WTO  development  sustainability  regulation-harmonization  administrative_agencies  administrative_law  convergence-business  globalization  downloaded  EF-add 
september 2014 by dunnettreader
Aluisio Gomien De Lima-Campos - Currency Misalignments and Trade: A Path to a Solution :: SSRN June 16, 2014
American University - Washington College of Law -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/11 **--** The debate about currency misalignments (CMs) and trade is not new. It was already being discussed in the 1940s. What is new is that the existing mechanisms to deal with CMs at the IMF, under its Article IV, and at the WTO, under its Article XV, have proven to be ineffective. This article seeks to show the problems with these mechanisms, understand the reasons of why so, explore available options to resolve them and suggest a path to a lasting sustainable solution. - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  international_monetary_system  international_organizations  economic_history  diplomatic_history  IMF  entre_deux_guerres  post-WWII  FX  FX-misalignment  global_imbalance  trade-policy  trade-agreements  capital_markets  downloaded  EF-add 
september 2014 by dunnettreader
R. Michael Gadbaw - Existential Risks to the Global Trading System and the Problem of Currency Intervention as a Case Study :: SSRN June 16, 2014
Institute of International Economic Law, Georgetown University Law Center -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) - Society of International Economic Law (SIEL) Working Paper No. 2014/10. *&--** As countries seek to promote growth in the aftermath of the financial crisis, currency intervention has become more prevalent and distortions in exchange rates with their resulting imbalances in trade flows have prompted call for new initiatives to address them, including in the negotiations of the Trans-Pacific Partnership (TPP) and of the Transatlantic Trade and Investment Partnership (TTIP). Both economic and legal experts have brought new insight into the impact of currency intervention on trade and a fresh legal perspective on the application of the rules in the WTO against measures that frustrate the intent of the GATT/WTO agreements. This paper reviews the underlying legal and policy issues and provides possible language for inclusion in the TPP or TTIP, and eventually in the WTO, that would build on the existing disciplines in the WTO and IMF agreements by authorizing remedial action in the form of safeguard and countervailing duties in response to a finding of actionable currency intervention. -- Number of Pages: 10 -- downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  international_monetary_system  international_organizations  IMF  FX  FX-misalignment  WTO  trade-agreements  global_imbalance  trade-policy  Trans-Pacific-Partnership  Transatlantic_Trade_and_InvestmentPartnership  competition  capital_flows  investment-bilateral_treaties  central_banks  downloaded  EF-add 
september 2014 by dunnettreader
Locknie Hsu - Convergence, Divergence, and Regulatory Tension - An Asian Perspective :: SSRN September 5, 2014
Singapore Management University - School of Law -- Singapore Management University School of Law Research Paper No. 30/201 -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL), pp 2-14, June 2014, Working Paper No. 2014/13. *--* Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views. The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; -- This intersection and resulting tension have led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The law evolving around these issues is demonstrating a deep divergence, in the manner that related disputes are being handled, and in terms of regulatory as well as negotiating stances. As an example, the debate on access to medicines demonstrates a divergence of approaches and proposed global solutions, as numerous proposals for reform of the existing construct (comprising patents and their “progeny” in the form of related commercial rights) are canvassed. Meanwhile, some countries such as India have begun to move ahead to embrace solutions such as compulsory licensing. -- It is suggested that a convergence of purpose(s) is needed, for a convergence of solutions to be found. Until then, the current divergences will continue to feed regulatory tension. -- Keywords: Convergence, divergence, trade, investment, public health, tobacco, pharmceuticals, FTAs, Asia, ASEAN -- downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  Trans-Pacific-Partnership  Asia_Pacific  Asia  India  IP  convergence-business  technology  technology_transfer  Innovation  health_care  commercial_law  neoliberalism  FDI  trade-agreements  property_rights  public_health  public_goods  US_foreign_policy  US_legal_system  business-and-politics  investment  WTO  international_organizations  downloaded  EF-add 
september 2014 by dunnettreader
SSRN Society of International Economic Law (SIEL), Fourth Biennial Global Conference
The Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) was held in Bern and hosted by the World Trade Institute (WTI) of the University of Bern, from 10-12 July 2014. You can browse all SIEL Fourth Biennial Global Conference abstracts in the SSRN eLibrary. The Society of International Economic Law (SIEL) is a new organization aimed at academics and academically-minded practitioners and officials in the field of IEL, in all parts of the world. The broad goals and objectives of the organization include: building links and networks between and among IEL academics and academically-minded practitioners and officials; fostering the development of local IEL expertise and IEL organizations where needed; representing the discipline of international economic law as appropriate in global, regional and national fora; and encouraging research, practice, service and teaching in the field of IEL.
paper  SSRN  international_law  international_economics  law-and-economics  international_organizations  development  trade-policy  trade-agreements  WTO  global_governance  international_political_economy  reform-legal  institutional_economics  international_finance  capital_markets  capital_flows  climate  energy  ocean  treaties 
september 2014 by dunnettreader
Oona A. Hathaway, Scott J. Shapiro - Outcasting: Enforcement in Domestic and International Law :: SSRN - Yale Law Journal, Vol. 121, No. 2, p. 252, 2011
Yale Law School, Public Law Working Paper No. 240 -- This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain order. Instead, outcasting involves denying the disobedient the benefits of social cooperation and membership. Law enforcement through outcasting in domestic law can be found throughout history - from medieval Iceland and classic canon law to modern-day public law. And it is ubiquitous in modern international law, from the World Trade Organization to the Universal Postal Union to the Montreal Protocol. Across radically different subject areas, international legal institutions use others (usually states) to enforce their rules and typically deploy outcasting rather than physical force. Seeing outcasting as a form of law enforcement not only helps us recognize that the traditional critique of international law - that it is not enforced and is therefore both ineffective and not real law - is based on a limited and inaccurate understanding of law enforcement. It also allows us to understand more fully when and how international law matters. -- Number of Pages in PDF File: 98 -- Keywords: international law, treaties, World Trade Organization, Enforcement, jurisprudence
article  SSRN  philosophy_of_law  legal_system  international_system  international_law  international_organizations  treaties  enforcement  exclusion  excommunication  cooperation  punishment  sanctions  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - A Religious View of the Foundations of International Law (2011) :: SSRN - Charles E. Test Lectures in the James Madison Program at Princeton University
NYU School of Law, Public Law Research Paper No. 11-29 -- Lecture 1 begins from a specifically Christian point of view, though it also addresses the difficulties of sustaining a viewpoint of this kind in a multi-faith and indeed increasingly secular world. Lecture 2 considers nationhood, sovereignty, and the basis for the division of the world into separate political communities. A religious approach to international order will endorse the position of most modern international jurists that sovereign independence is not to be made into an idol or a fetish, and that the tasks of order and peace in the world are not to be conceived as optional for sovereigns. But sovereigns also have their own mission, ordering particular communities of men and women. Lecture 3 considers the rival claims of natural law and positivism regarding sources of international law. The most telling part of natural law jurisprudence from Aquinas to Finnis has always been its insistence on the specific human need for positive law. This holds true in the international realm as much as in any realm of human order - perhaps more so, because law has to do its work unsupported by the overwhelming power of a particular state. Lecture 3 addresses, from a religious point of view, the sources of law in the international realm: treaty, convention, custom, precedent, and jurisprudence. It will focus particularly on the sanctification of treaties. -- No of Pages : 73 -- Keywords: customary international law, international law, ius cogens, nationalism, natural law, positivism, public reason, religion, self-determination, sovereignty, treaties -- downloaded pdf to Note
paper  SSRN  philosophy_of_law  international_law  natural_law  positivism-legal  IR  IR_theory  diplomacy  international_organizations  legal_system  international_system  sovereignty  nation-state  nationalism  public_sphere  liberalism-public_reason  deliberation-public  decision_theory  customary_law  self-determination  national_interest  national_security  responsibility_to_protect  treaties  universalism  precedent  conflict_of_laws  dispute_resolution  human_rights  community  trust  alliances  politics-and-religion  jurisprudence  jurisdiction  downloaded  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - International Law: 'A Relatively Small and Unimportant' Part of Jurisprudence? (2013) :: SSRN
NYU School of Law, Public Law Research Paper No. 13-56 This paper evaluates and criticizes the account of international law given in Chapter Ten of H.L.A. Hart's book, The Concept of Law. Hart's account offers a few insights -- particularly on the relation between law and sanctions. But his account of international law is moistly quite impoverished. His observations about the absence of secondary rules (rules of change, adjudication, and recognition ) in international law are quite unjustified. His exaggeration of the difference between international law and municipal legal systems is so grotesquely exaggerated, as to deprive the former account of almost all its utility in jurisprudence. What is worse, his dismissive and misconceived account of international law has tended to drive practitioners of analytic legal philosophy away form addressing this important area of jurisprudence. -- Number of Pages in PDF File: 17 -- Keywords: gnereal jurisprudence, Hart, international law, primitive legal system, rule of recognition, sanctions, secondary rules, treaties -- downloaded pdf to Note
paper  SSRN  philosophy_of_law  legal_system  international_system  international_law  sanctions  enforcement  change-social  diplomacy  treaties  international_organizations  sovereignty  institutions  continuity  legal_validity  downloaded  EF-add 
july 2014 by dunnettreader
Jonathan Kirschner, review - Daniel W. Drezner, The System Worked: How the World Stopped Another Great Depression
Neoliberal bailout good look at evidence re processes and international organizations, but looks like self-interested ad hocery, mostly the Fed flooding the global financial system with liquidity, but the system has not worked in reforming the core problems or strengthening international organizations for future management, especially to avoid crises
books  reviews  international_finance  Great_Recession  financial_crisis  financial_regulation  global_governance  international_organizations  IMF  Fed  hegemony 
july 2014 by dunnettreader
Olivier Blanchard, Jonathan D Ostry - The multilateral approach to capital controls | vox - 11 December 2012
The IMF recently endorsed capital controls as useful policy responses to certain circumstances. This column explains the logic and the research that underpins the shift
international_finance  international_system  international_economics  international_organizations  capital_flows  emerging_markets  macroeconomics  macroprudential_policies  IMF 
june 2014 by dunnettreader
Raffi Khatchadourian: Can an Audacious Plan to Create a New Energy Resource Help Save the Planet? : The New Yorker
Superb science and politics writing -- Years from now—maybe in a decade, maybe sooner—if all goes according to plan, the most complex machine ever built will be switched on in an Alpine forest in the South of France. The machine, called the International Thermonuclear Experimental Reactor, or ITER, will stand a hundred feet tall, and it will weigh twenty-three thousand tons—more than twice the weight of the Eiffel Tower. At its core, densely packed high-precision equipment will encase a cavernous vacuum chamber, in which a super-hot cloud of heavy hydrogen will rotate faster than the speed of sound, twisting like a strand of DNA as it circulates. The cloud will be scorched by electric current (a surge so forceful that it will make lightning seem like a tiny arc of static electricity), and bombarded by concentrated waves of radiation. Beams of uncharged particles—the energy in them so great it could vaporize a car in seconds—will pour into the chamber, adding heat. In this way, the circulating hydrogen will become ionized, and achieve temperatures exceeding two hundred million degrees Celsius—more than ten times as hot as the sun at its blazing core.
physics  energy  global_governance  international_organizations  climate  EF-add 
february 2014 by dunnettreader
Louise Arbour - Are Freedom, Peace and Justice incompatible agendas? - International Crisis Group - Feb 2014
Address by the Honorable Louise Arbour, President & CEO of the International Crisis Group, on the occasion of the Inaugural Roland Berger Lecture on Human Rights and Human Dignity, 17 February 2014, Oxford. -- The UDHR, in other words, remains largely aspirational. Its commitments are ultimately hostage to the competing principle of state sovereignty which places on states, almost exclusively, the responsibility for the wellbeing of their citizens, and to the weak institutional structures designed to promote and protect human rights at regional and international levels. -- I would like to examine today how modern doctrines – in particular international criminal justice, the responsibility to protect and the rule of law – have contributed to the advancement of lasting peace, and how to make it more likely that they might do so in the future.
21stC  human_rights  international_law  international_system  international_organizations  sovereignty  nation-state  IR  rule_of_law  responsibility_to_protect  IR_theory  EF-add 
february 2014 by dunnettreader
RANDALL GERMAIN - Financial governance and transnational deliberative democracy | JSTOR: Review of International Studies, Vol. 36, No. 2 (April 2010), pp. 493-509
Recent concern with the institutional underpinning of the international financial architecture has intersected with broader debates concerning the possibility of achieving an adequate deliberative context for decisions involving transnational economic governance. Scholars working within traditions associated with international political economy, deliberative democracy, cosmopolitanism and critical theory have informed this broader debate. This article uses this debate to ask whether the structure of financial governance at the global level exhibits the necessary conditions to support deliberative democracy. In particular, it considers the extent to which publicness and a public sphere have become part of the broader structure of financial governance. Although in some ways financial governance is a hard case for this debate, an argument can be made that a public sphere has emerged as an important element of the international financial architecture. At the same time, the analysis of the role of the public sphere in financial governance reveals important lessons which public sphere theorists and deliberative democracy advocates need to consider in order to extend their analysis into the realm of global political economy. -- paywall
article  jstor  paywall  IR_theory  finance_capital  global_governance  international_political_economy  international_finance  financial_regulation  democracy  deliberation-public  political_participation  public_sphere  international_system  international_law  international_organizations  nation-state  EF-add 
february 2014 by dunnettreader
A. Claire Cutler - Critical Reflections on the Westphalian Assumptions of International Law and Organization: A Crisis of Legitimacy | JSTOR: Review of International Studies, Vol. 27, No. 2 (Apr., 2001), pp. 133-150
This article argues that the fields of international law and organization are experiencing a legitimacy crisis relating to fundamental reconfigurations of global power and authority. Traditional Westphalian-inspired assumptions about power and authority are incapable of providing contemporary understanding, producing a growing disjunction between the theory and the practice of the global system. The actors, structures, and processes identified and theorized as determinative by the dominant approaches to the study of international law and organization have ceased to be of singular importance. Westphalian-inspired notions of state-centricity, positivist international law, and 'public' definitions of authority are incapable of capturing the significance of non-state actors, informal normative structures, and private, economic power in the global political economy. -- see bibliography on jstor information page -- didn't download
article  jstor  IR_theory  global_system  global_governance  international_political_economy  nation-state  Westphalia  international_organizations  international_law  legitimacy  bibliography  EF-add 
february 2014 by dunnettreader
Mark M. Blyth - "Any More Bright Ideas?" The Ideational Turn of Comparative Political Economy | JSTOR: Comparative Politics, Vol. 29, No. 2 (Jan., 1997), pp. 229-250
Review article - (1) Ideas and Foreign Policy: Beliefs, Institutions and Political Change by Judith Goldstein; Robert Keohane; (2) Ideas and Institutions: Developmentalism in Argentina and Brazil by Kathryn Sikkink -- The renewed interest in ideas as an explanatory category in political economy, particularly among rationalist and historical institutionalists, is flawed. This turn to ideas is theoretically degenerate; it treats ideas as desiderata, catch-all concepts to explain variance, rather than subjects in their own right. The two schools ask what stabilizes and what causes change, not what ideas are and what they do. The ideational turn taken by both rationalist and historical institutionalists is best understood as an ad hoc solution to the inherent weaknesses of their research programs. -- downloaded pdf to Note
article  jstor  social_theory  historical_sociology  rational_choice  political_economy  ideas-social_theory  social_process  social_movements  socialization  sociology-process  institutions  institutional_change  institutional_economics  institutionalization  IR_theory  international_organizations  development  Latin_America  political_change  economic_culture  downloaded  EF-add 
february 2014 by dunnettreader

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