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Drawing on the best legal, economic and political science expertise from both sides of the Atlantic, as well as on the knowledge of officials and private practitioners with experience in both industrialized and developing countries, this book assesses the systemic, global implications of transatlantic regulatory cooperation and competition.
This book discusses the law and practice of the European Union's new chemical regulatory programmes known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight. The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.
The EU has pursued many trade pacts across the world. This is part of its foreign policy: as the third largest economy in the world and lacking hard power, the EU relies on trade agreements to project its interests. These are often complex and far-reaching initiatives that have the potential to shape not only economic but also political and social life in the EU and its trading partners. In Standardizing the World, Francesco Duina and Crina Viju-Miljusevic have gathered a group of leading experts to present an unprecedented assessment of the EU's efforts to standardize a wide array of economic, political, and social aspects of life through its trade agreements across the globe. Drawing on economic sociology and constructivist strands in international political economy, the volume examines what is being standardized, the extent to which the EU has been able to project its worldviews, and what explains the observable patterns of standardization across policy areas and geographies. Ten leading scholars from across the world offer as many chapters on EU agreements with all major trading partners and cover efforts in social and labor rights, the environment, investments, rule of law and anti-corruption, agriculture and food quality, services, public procurement, sustainable development, and more. Their findings paint a picture of a dynamic EU capable of projecting its worldviews across the globe that is nonetheless not always consistent or successful. Standardizing the World provides a wide-ranging and rigorous understanding of standardization in trade agreement as well as the EU's abilities to project its power and worldviews across the globe.
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
Oliver Ziegler raises the question of what role economic interests of the United States play in the regulatory decision making process of the European Union. Critics often assume that U. S. dominance in the world economy, fueled by a powerful business elite, has significantly affected EU regulations at the expense of environmental and consumer protection standards. The author falsifies this proposition. He shows, first, that the EU often adopts regulations against the explicit opposition of the U. S. thereby ignoring the principles of transatlantic regulatory cooperation. Second, he demonstrates that business interests in the EU are usually not homogenous and often come second to environmental and consumer concerns. In addition, the author shows the increasing role of the European Parliament in EU regulatory decison making.
Competitiveness and Death examines the increase and reduction of regulatory barriers to trade across three industries: environmental, labor, and safety rules on automobiles, consumer protection regulations on meat, and intellectual property regulations on medicines. The fundamental negotiation in trade and regulatory policymaking occurs between businesses, activists, and government officials. Gary Winslett builds on new trade theories to explain when and why businesses are most likely to lobby governments to reduce these regulatory trade barriers. He argues that businesses prevail when they can connect with broader concerns about national economic competitiveness. He examines how activist organizations overcome collective action problems and defend regulatory differences, arguing that they succeed when they can link their desire for barriers with preventing needless death. Competitiveness and Death provides a political companion to new trade theories in economics, questioning cleavage-based explanations of trade politics, demonstrating the underappreciated importance of activists, suggesting the limits of globalization, providing in-depth examination of previously ignored trade negotiations, qualifying the California Effect (the shift toward stricter regulatory standards), and showing the relative rarity of regulations used as disguised protectionism.
This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.
Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.
This book examines EU Eastern Partnership taking into account geopolitical challenges of EU integration. It highlights reasons for limited success, such as systematic conflict of EU External Action. In addition, the book analyses country-specific issues and discusses EaP influence on them, investigating political, economic and social factors, while seeking for potential solutions to existing problems. The reluctance of the Eastern countries to the European reforms should not reduce political pro-activeness of the EU. The authors suggest that EaP strategies should be reviewed to be more reciprocal and not based solely on the EU-laden agenda. This book is one of the good examples of cooperation between scholars not only from EaP and EU countries, but also from different disciplines, bringing diversity to the discussion process.
​This edited volume discusses critically the social implications of current structural transformations in Europe within the broader context of the global financial crisis. Experts from across Europe and the US discuss challenges and solutions to political and economic stability, security, growth, governance and integration on a country and regional level, especially focusing on vulnerable Southern and Eastern European states. New economic, political and security processes and realities are examined closely, with the aim to describe them in a coherent framework. Drawing on carefully selected interdisciplinary research, this collection offers fresh insights into the social repercussions of the transition from traditionally established practices and perceptions to new forms of collaboration, integration and governance.