Matteo Fiorini, B. Hoekman, P. Mavroidis, D. Nelson, Robert Wolfe
The WTO is looking for a new Director-General (DG). What does the trade community think is needed? This paper reports on the results of an expert survey undertaken as part of a research project on global trade governance at the European University Institute to solicit views on what WTO members and the international trade community consider the most important attributes of candidates for the position, as well as views on the substantive policy and institutional reform priorities confronting the WTO – and thus the new DG. The results suggest strong support for someone with managerial and political experience, and a professional network that spans international organizations, major capitals, and international business. African respondents assign the highest priority to regional diversity. Resolving the dispute settlement crisis is the highest priority for most respondents; launching discussions on new issues obtains the least support. There is broad agreement on the importance of addressing a range of negotiating topics and institutional reforms, but substantial variation in the rankings assigned by different groups of respondents to specific issues.
{"title":"Stakeholder Preferences and Priorities for the Next WTO Director General","authors":"Matteo Fiorini, B. Hoekman, P. Mavroidis, D. Nelson, Robert Wolfe","doi":"10.2139/ssrn.3688113","DOIUrl":"https://doi.org/10.2139/ssrn.3688113","url":null,"abstract":"The WTO is looking for a new Director-General (DG). What does the trade community think is needed? This paper reports on the results of an expert survey undertaken as part of a research project on global trade governance at the European University Institute to solicit views on what WTO members and the international trade community consider the most important attributes of candidates for the position, as well as views on the substantive policy and institutional reform priorities confronting the WTO – and thus the new DG. The results suggest strong support for someone with managerial and political experience, and a professional network that spans international organizations, major capitals, and international business. African respondents assign the highest priority to regional diversity. Resolving the dispute settlement crisis is the highest priority for most respondents; launching discussions on new issues obtains the least support. There is broad agreement on the importance of addressing a range of negotiating topics and institutional reforms, but substantial variation in the rankings assigned by different groups of respondents to specific issues.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126275365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this paper is to examine whether the recently adopted law on gender electoral quotas marks a change in the approach to gender issues and gender equality in Poland. It also aims to describe the trajectory of women’s movement in a post-Communist country and to identify causes related to the role of women in the Solidarity movement that resulted in low visibility of women in government and decision-making positions. The paper departs from the assumption that Poland is not moving away from a narrowly conceived equal rights/opportunities model, because such model has not yet been fully implemented. In the context of the present ‘war on gender’, women’s full political, economic, social, and more specifically, private citizenship is a long-term project. As of now, women remain instrumental for achieving political parties’ further aims, and any gestures that seem to advance women’s position in the public sphere are usually merely symbolic. Yet, the emergence of a strong women’s movement helps to frame the public discourse in gendered terms and gradually include its propositions in the mainstream policy.
{"title":"Between Symbolism and Incrementalism: Moving Forward with the Gender Equality Project in Poland","authors":"A. Śledzińska-Simon, Adam Bodnar","doi":"10.2139/ssrn.2611904","DOIUrl":"https://doi.org/10.2139/ssrn.2611904","url":null,"abstract":"The purpose of this paper is to examine whether the recently adopted law on gender electoral quotas marks a change in the approach to gender issues and gender equality in Poland. It also aims to describe the trajectory of women’s movement in a post-Communist country and to identify causes related to the role of women in the Solidarity movement that resulted in low visibility of women in government and decision-making positions. The paper departs from the assumption that Poland is not moving away from a narrowly conceived equal rights/opportunities model, because such model has not yet been fully implemented. In the context of the present ‘war on gender’, women’s full political, economic, social, and more specifically, private citizenship is a long-term project. As of now, women remain instrumental for achieving political parties’ further aims, and any gestures that seem to advance women’s position in the public sphere are usually merely symbolic. Yet, the emergence of a strong women’s movement helps to frame the public discourse in gendered terms and gradually include its propositions in the mainstream policy.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133496408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-11-19DOI: 10.1163/15718107-08203003
M. Lostal
Specific discipline principles are recurrently used in legal argumentation and in scholarly publications; yet, no single work has elucidated their concept and role in international law. This article sheds some light on this question by conducting a parallel analysis of two international domains – environmental and cultural heritage law - that, despite being close in nature, have opted for a completely different use of these principles. It is argued that specific discipline principles are guiding normative provisions which aim to produce legal effects, and whose presence (i) is a determining factor in the evolution of a subject into a separate legal branch, and (ii) increases the chances of such branch of being considered an important matter in international law. This is because specific discipline principles perform two sets of functions: one internal whereby they allow rationalising a more or less disarrayed cluster of norms and conventions into a coherent whole; and one external which refers to these principles ability of projecting their discipline’s ethos into broader international law discourses. Finally, this article contends that understanding the functioning of specific discipline principles is key to acquiring a better understanding of the dynamics of the current highly specialised international law.
{"title":"The Role of Specific Discipline Principles in International Law: A Parallel Analysis between Environmental and Cultural Heritage Law (Early Draft)","authors":"M. Lostal","doi":"10.1163/15718107-08203003","DOIUrl":"https://doi.org/10.1163/15718107-08203003","url":null,"abstract":"Specific discipline principles are recurrently used in legal argumentation and in scholarly publications; yet, no single work has elucidated their concept and role in international law. This article sheds some light on this question by conducting a parallel analysis of two international domains – environmental and cultural heritage law - that, despite being close in nature, have opted for a completely different use of these principles. It is argued that specific discipline principles are guiding normative provisions which aim to produce legal effects, and whose presence (i) is a determining factor in the evolution of a subject into a separate legal branch, and (ii) increases the chances of such branch of being considered an important matter in international law. This is because specific discipline principles perform two sets of functions: one internal whereby they allow rationalising a more or less disarrayed cluster of norms and conventions into a coherent whole; and one external which refers to these principles ability of projecting their discipline’s ethos into broader international law discourses. Finally, this article contends that understanding the functioning of specific discipline principles is key to acquiring a better understanding of the dynamics of the current highly specialised international law.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131327499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper sets out the relevance of certification for the enforcement of transnational private regulation. It discusses the function of certification, offers a typology of certification schemes and analyses its relationship with regulatory enforcement. To illustrate these elements, the Chapter draws on three individual certification regimes, namely those administered by the Forest Stewardship Council, GlobalG.A.P, and the Green Building Council. In conclusion, the Chapter offers valuable insights on the benefits and risks associated with the use of certification as a means of regulatory enforcement. The paper forms part of a collection of texts to be published in a Casebook detailing the enforcement of transnational private regulation.
{"title":"The Role of Certification in the Enforcement of Transnational Private Regulation","authors":"Paul Verbruggen, R. Schmidt","doi":"10.2139/SSRN.2255918","DOIUrl":"https://doi.org/10.2139/SSRN.2255918","url":null,"abstract":"This paper sets out the relevance of certification for the enforcement of transnational private regulation. It discusses the function of certification, offers a typology of certification schemes and analyses its relationship with regulatory enforcement. To illustrate these elements, the Chapter draws on three individual certification regimes, namely those administered by the Forest Stewardship Council, GlobalG.A.P, and the Green Building Council. In conclusion, the Chapter offers valuable insights on the benefits and risks associated with the use of certification as a means of regulatory enforcement. The paper forms part of a collection of texts to be published in a Casebook detailing the enforcement of transnational private regulation.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131344641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this introduction to a wide-ranging, 33-chapter book relating to the abuse of dominance under Article 82 EC and monopolization under Section 2 of the Sherman Act, the author provides a detailed discussion of the various chapters, with the aim of highlighting their interconnections. The debates discussed serve as a background to the evolving policies in Europe and in the US in relation to the commercial practices of dominant undertakings, policies that are still in flux.
{"title":"Introduction, Summary, Remarks - A Reformed Approach to Article 82 EC","authors":"M. Marquis","doi":"10.2139/SSRN.1631259","DOIUrl":"https://doi.org/10.2139/SSRN.1631259","url":null,"abstract":"In this introduction to a wide-ranging, 33-chapter book relating to the abuse of dominance under Article 82 EC and monopolization under Section 2 of the Sherman Act, the author provides a detailed discussion of the various chapters, with the aim of highlighting their interconnections. The debates discussed serve as a background to the evolving policies in Europe and in the US in relation to the commercial practices of dominant undertakings, policies that are still in flux.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128307773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The goal of this article is to provide a systematic literature review of studies on arbitration in recent decades. The major focus is on emerging developments in arbitration and EU law. The review will thus map the research on these developments and summarize its major findings to provide a better understanding of new trends in the scholarly literature on arbitration and EU law, and to identify research gaps to be addressed in the future. Just as almost 20 years ago Pieter Sanders addressed the then emerging problems of arbitration practice and posed a question: “Quo Vadis Arbitration?” this paper asks the question “Quo Vadis European Arbitration”? Hence, it aims at depicting the current and future direction of EU law and arbitration by proposing a common platform for discussion on these two distinct yet increasingly overlapping fields.
{"title":"The State of Research on Arbitration and EU Law: Quo Vadis European Arbitration?","authors":"B. Warwas","doi":"10.2139/SSRN.2878894","DOIUrl":"https://doi.org/10.2139/SSRN.2878894","url":null,"abstract":"The goal of this article is to provide a systematic literature review of studies on arbitration in recent decades. The major focus is on emerging developments in arbitration and EU law. The review will thus map the research on these developments and summarize its major findings to provide a better understanding of new trends in the scholarly literature on arbitration and EU law, and to identify research gaps to be addressed in the future. Just as almost 20 years ago Pieter Sanders addressed the then emerging problems of arbitration practice and posed a question: “Quo Vadis Arbitration?” this paper asks the question “Quo Vadis European Arbitration”? Hence, it aims at depicting the current and future direction of EU law and arbitration by proposing a common platform for discussion on these two distinct yet increasingly overlapping fields.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130850994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper considers the effect of the recent EU measures relating to strengthened economic governance both at the EU level and the level of national (constitutional) law. We first explain the scope of EU competence in economic policy and its effects on Member State competence. We will then examine how this competence has been exercised during the past few years, in particular from the point of view of the domestic effects of the six-pack and two-pack, which constitute the ‘Belt’ needed to maintain stability in the euro area and thus hold the ‘trousers’ (economic policy decision-making) up. We then turn to the Fiscal Compact and the budgetary framework directive and their effects at national level, constituting the ‘Braces’ intended to ensure healthy national budgetary policies. The relevant question remains to be whether the current 'belt and braces' rules are the appropriate approach for preventing new crises. There are both legal and political reasons for reconsidering some of the solutions made during the crisis. Maybe the trousers are just too loose?
{"title":"Going 'Belt and Braces': Domestic Effects of Euro-Crisis Law","authors":"P. Leino, J. Salminen","doi":"10.2139/SSRN.2610136","DOIUrl":"https://doi.org/10.2139/SSRN.2610136","url":null,"abstract":"This paper considers the effect of the recent EU measures relating to strengthened economic governance both at the EU level and the level of national (constitutional) law. We first explain the scope of EU competence in economic policy and its effects on Member State competence. We will then examine how this competence has been exercised during the past few years, in particular from the point of view of the domestic effects of the six-pack and two-pack, which constitute the ‘Belt’ needed to maintain stability in the euro area and thus hold the ‘trousers’ (economic policy decision-making) up. We then turn to the Fiscal Compact and the budgetary framework directive and their effects at national level, constituting the ‘Braces’ intended to ensure healthy national budgetary policies. The relevant question remains to be whether the current 'belt and braces' rules are the appropriate approach for preventing new crises. There are both legal and political reasons for reconsidering some of the solutions made during the crisis. Maybe the trousers are just too loose?","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128694138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This working paper collects a series of personal reflections on the outcome of the Brexit referendum. The essays do not engage with the legal and constitutional issues that arise from this event – these aspects have received comment elsewhere. Rather, the editor has solicited personal reflections from a group whose scholarly journey included the European University Institute, a hub for transforming, and integrating Europe. Aware of this privileged positions, the authors shed light on how the result of the referendum and its aftermath may impact the UK and the European Union.
{"title":"Brexit and Academic Citizenship","authors":"C. Joerges","doi":"10.2139/SSRN.2871428","DOIUrl":"https://doi.org/10.2139/SSRN.2871428","url":null,"abstract":"This working paper collects a series of personal reflections on the outcome of the Brexit referendum. The essays do not engage with the legal and constitutional issues that arise from this event – these aspects have received comment elsewhere. Rather, the editor has solicited personal reflections from a group whose scholarly journey included the European University Institute, a hub for transforming, and integrating Europe. Aware of this privileged positions, the authors shed light on how the result of the referendum and its aftermath may impact the UK and the European Union.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115698334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article I seek to de-tether the idea of agency from the epistemic pursuits of philosophers and legal scholars working on adaptive preferences and moral responsibility. What is common to such scholars is a move away from conceptualising agency as individual acts of conscious deliberation. While I support a shift in the way agency is understood, I do not find in their work an account of locating and promoting agency as a primary good. For instance, while findings from various psychological sciences are endorsed for their objective findings on individuals, there is little guidance on what such findings mean for how people negotiate social spaces. As a first step, I suggest that an appropriate paradigm for agency would be responsiveness rather than adherence to responsibility. I then proceed to identify properties of a responsiveness paradigm, concentrating on transpositional deliberation, mediation and intelligibility.
{"title":"Agency as Responsiveness","authors":"Suryapratim Roy","doi":"10.2139/SSRN.2737392","DOIUrl":"https://doi.org/10.2139/SSRN.2737392","url":null,"abstract":"In this article I seek to de-tether the idea of agency from the epistemic pursuits of philosophers and legal scholars working on adaptive preferences and moral responsibility. What is common to such scholars is a move away from conceptualising agency as individual acts of conscious deliberation. While I support a shift in the way agency is understood, I do not find in their work an account of locating and promoting agency as a primary good. For instance, while findings from various psychological sciences are endorsed for their objective findings on individuals, there is little guidance on what such findings mean for how people negotiate social spaces. As a first step, I suggest that an appropriate paradigm for agency would be responsiveness rather than adherence to responsibility. I then proceed to identify properties of a responsiveness paradigm, concentrating on transpositional deliberation, mediation and intelligibility.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116077535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyses how non-euro MS are affected by a set of euro-crisis measures and how their position towards the Eurozone has evolved. After briefly exploring the origins of differentiated integration in EMU, the paper describes the relevance of Euro-crisis law for the non-Euro MS, for example through parts of the Six Pack and the Fiscal Compact. We then look at specific legal topics that arise in relation to EMU and the non-euro MS, such as reforms of fiscal governance, the decision to be bound by the whole of the Fiscal Compact, the inclusion of non-euro MS in important decisions regarding the Eurozone, the obligation to join the euro and the possible consequences of Eurozone membership. We find that there are vast differences within the group of non-Euro MS with regard to the applicability of Euro-crisis law, the way the measures are ratified and/or transposed and the attitude towards the Eurozone and further integration. Euro-crisis law also affects non-Euro MS on a constitutional level, both directly and indirectly, by sponsoring certain budgetary objectives and by favouring certain actors over others during the budgetary process. Finally, the differentiated nature of EMU has also significantly complicated the euro-crisis measures.
{"title":"The Variable Geometry of the Euro-Crisis: A Look at the Non-Euro Area Member States","authors":"T. Beukers, Marijn van der Sluis","doi":"10.2139/SSRN.2616717","DOIUrl":"https://doi.org/10.2139/SSRN.2616717","url":null,"abstract":"This paper analyses how non-euro MS are affected by a set of euro-crisis measures and how their position towards the Eurozone has evolved. After briefly exploring the origins of differentiated integration in EMU, the paper describes the relevance of Euro-crisis law for the non-Euro MS, for example through parts of the Six Pack and the Fiscal Compact. We then look at specific legal topics that arise in relation to EMU and the non-euro MS, such as reforms of fiscal governance, the decision to be bound by the whole of the Fiscal Compact, the inclusion of non-euro MS in important decisions regarding the Eurozone, the obligation to join the euro and the possible consequences of Eurozone membership. We find that there are vast differences within the group of non-Euro MS with regard to the applicability of Euro-crisis law, the way the measures are ratified and/or transposed and the attitude towards the Eurozone and further integration. Euro-crisis law also affects non-Euro MS on a constitutional level, both directly and indirectly, by sponsoring certain budgetary objectives and by favouring certain actors over others during the budgetary process. Finally, the differentiated nature of EMU has also significantly complicated the euro-crisis measures.","PeriodicalId":405681,"journal":{"name":"European University Institute (EUI) Legal Research Paper Series","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126387539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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