The Political Economy of Intellectual Property Protection: The Case of Software

The end of the twentieth century was marked by a sea change in global governance in the realm of intellectual property rights (IPRs). Whereas countries historically retained substantial autonomy with regard to what they defined as intellectual "property" and the rights granted to the owners of intellectual property, the 1990s witnessed the establishment of new global obligations regarding national practices. This paper focuses on the case of software "piracy" to assess the mechanisms by which the new global obligations for the treatment of IPRs are transmitted from the international to the national levels. We first consider a set of national-level factors that many scholars have shown to be important determinants of IPR policy. We then supplement the standard emphasis on domestic factors with an analysis of new transnational factors: countries' multilateral obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral pressures from the United States to increase the protection of IPRs. Population-averaged panel data models are used to assess the effects of these national and transnational determinants on levels of software piracy in 80 countries from 1994 to 2002. Our results indicate that membership in the WTO and bilateral pressures from the United States—particularly pressures that offer reciprocal concessions—lead to substantial increases in levels of protection in rich and poor countries. There is, in short, a new international political economy of intellectual property.     

The Distributional Politics of Fiscal Adjustment: A Case Study of Four Northeastern States

The federal Tax Reform Act of 1986 and an unexpected economic downturn soon thereafter resulted in a divergence between actual and anticipated revenues at the state level. To cope with the resulting budget deficits, states increased taxes, decreased expenditures, or both. This paper looks at the decisions made in four Northeastern States-New York, Connecticut, New Jersey, and Massachusetts.     

Sovereign nations and global markets: modern British Conservatism and hyperglobalism

In this article we seek to trace through the major stands of British Euroscepticism and concentrate, in particular, on the importance of a powerful 'hyperglobalist' Eurosceptical strand within British Conservatism. We investigate the British Conservatives' recent divisions over European integration, against the background of the party's increasingly marginal status in British party politics. The piece also draws on findings from two recent surveys of the attitudes of British parliamentarians to European integration, carried out by the Members of Parliament Project for the Economic and Social Research Council (ESRC). We explore how Conservative divisions of opinion are related in part to particular understandings of globalisation and regionalisation and attempt to show how globalist ideology has unexpectedly re–emphasised and bolstered the traditional nationalism of the Tory party and caused an increasingly hostile attitude amongst many British Conservatives towards the European project as it is presently constituted. We also examine recent attempts to map British Conservative Euroscepticism on to continental varieties using a mixture of ideological positioning and party system (Taggart 1998), arguing that this ignores the extent to which British Eurosceptics advance unique (in EU member state terms) hyperglobalist (rather than isolationist or protectionist) arguments in objecting to further European integration.     

Book Reviews

Books reviewed:
The Law of Energy for Sustainable Development , edited by Adrian J. Bradbrook, Rosemary Lyster, Richard Ottinger and Wang Xi , published by Cambridge University Press, 2005, 630pp, £75.00, hardback.
Fresh Water and International Economic Law , edited by Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder , published by Oxford University Press, 2005, 506pp, £70.00, hardback.
Handbook of Global Environmental Politics , edited by Peter Dauvergne , published by Edward Elgar, 2005, 560pp, £125.00, hardback.
Emerging Forces in Environmental Governance , edited by Norichika Kanie and Peter M. Haas , published by United Nations University Press, 2004, 320pp, US$36.00, paperback.
Economic Globalization and Compliance with International Environmental Agreements edited by Alexandre Kiss, Dinah Shelton and Kanami Ishibashi , published by Kluwer Law International, 2003, 352pp, £85.00, hardback.
German Environmental Law for Practitioners , edited by Horst Schlemminger and Claus-Peter Martens , 2nd edition, published by Kluwer Law International, 2004, 833pp, £119.25, hardback.
The International Climate Change Regime: A Guide to Rules, Institutions and Procedures , Farhana Yamin and Joanna Depledge , published by Cambridge University Press, 2004, 730pp, £40.00, paperback.     

Constituting 'the public' in public participation

The emphasis on public participation in contemporary policy discourse has prompted the development of a wide range of forums within which dialogue takes place between citizens and officials. Often such initiatives are intended to contribute to objectives relating to social exclusion and democratic renewal. The question of ‘who takes part’ within such forums is, then, critical to an understanding of how far new types of forums can contribute to the delivery of such objectives. This article draws on early findings of research conducted as part of the ESRC Democracy and Participation Programme. It addresses three questions: ‘How do public bodies define or constitute the public that they wish to engage in dialogue?’; ‘What notions of representation or representativeness do participants and public officials bring to the idea of legitimate membership of such forums?’; and ‘How do deliberative forums contribute to, or help ameliorate, processes of social inclusion and exclusion?’     

关于中国在缅军事基地的谣传

近15年来,涉及中国在缅军事基地的报道和论著源源不断。虽未获得证实,但中国对北印度洋的渗透的传闻已深刻影响缅甸邻国,尤其是印度的战略思维。安达曼海大椰子树岛的大型情报站和伊洛瓦底江三角洲海基岛海军基地的报告,已被作为缅甸沦为中国附属国的佐证。在其他观察家看来,这些基地的存在,明确显示就是中国在印度洋进行扩张的计划,甚至是它的全球野心。然而,印度政要于2005年承认,关于中国在大椰子树岛设置情报站的报告有假,并承认缅甸并无中国海军基地。因此彻底改变印度国防计划人员10多年来关注的两大焦点,导致人们怀疑有关缅甸存在其他"中国基地"的说法,进而引起对中缅关系现状及中国在北印度洋的战略利益的思考。