共查询到20条相似文献,搜索用时 0 毫秒
1.
Gregory Shaffer 《Regulation & Governance》2015,9(1):1-15
The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The article presents what we know to date and a framework for conducting further study of such transnational legal ordering. 相似文献
2.
From capacity to sovereignty: Legislative politics and differentiated integration in the European Union
下载免费PDF全文

THOMAS WINZEN 《European Journal of Political Research》2016,55(1):100-119
The literature suggests that legislative politics among European Union Member States is characterised by economic exchanges, and constrained by the social norms of a European community of legislators. Both views draw a clear line between the legislative process and the conflicts over sovereignty that have left their mark on treaty making and European public opinion since the 1990s. This article suggests revisiting this view, based on an analysis of why Member States have opted out of legislation from the 1970s to today. It argues that differentiation, while once a response to capacity problems of relatively poor countries, has recently become driven by sovereignty concerns of the Union's wealthy and nationally oriented Members that oppose the EU's intrusion into core state powers. The article presents evidence for the impact on legislative outcomes of factors so far thought not to matter. The results indicate greater European‐level legislative responsiveness towards national sovereignty demands than previously recognised. They underline that the nature of European politics has been changing with the EU's push into core state powers. 相似文献
3.
AbstractThis article introduces a collection of papers devoted to the study of secrecy in European politics across a range of EU and national settings and policy domains. Academic interest in secret politics – those aspects of public activity intentionally concealed from the public eye – and the governance of secrecy – the political processes and regulatory frameworks governing secret keeping – is growing. This interest reflects technological, social and political developments that appear to signal the end of privacy and the rapid expansion of political secrecy in European multi-level settings. As a consequence, the tensions between democratic accountability, with its transparency requirements, and political secrecy, which is typically justified on grounds of effectiveness of state action, have become more marked and more politicised. Engaging with these developments, the contributions to this collection draw on actor- and interest-centred perspectives that focus on actors’ motivations in secret politics; institutional perspectives that focus on contestation over secrecy norms; and organisational perspectives that emphasise the diversity of secrecy cultures. Further research will benefit from paying special attention to a diverse range of inter-institutional and inter-organisational secrecy settings; to political contestation over secrecy and the regulatory regimes that govern it; and to the refashioning of public-private secrecy architectures. 相似文献
4.
A key function of centralized budgets in federal and political unions is to act as an equalizing mechanism to support economic and social cohesion. This is also the case with the European Union's (EU) budget, which operates as a redistributive mechanism that counteracts the cross-national and cross-regional inequalities created by the single market. Despite the limits on cross-national redistribution imposed by a centrifugal system of representation, the net fiscal position of member states – what they pay to the EU budget minus what they receive from it – is very diverse and has changed quite remarkably over the last decades. In this paper, we investigate how and why the net fiscal position of each member state toward the rest of the EU changes over time. We develop a novel panel dataset (1979–2014) to study how key national and EU-level political and economic variables affect the EU redistributive dynamics. We find that redistribution via the EU budget primarily targets developments in inequality within EU member states, and that an increase in domestic unemployment may also improve the country's fiscal balance. Moreover, we find that voting power in the Council is unrelated to a more positive fiscal balance. However, we find that governments with a centre-right profile are in general more successful in improving their redistributive position vis-à-vis the other member states. This may create a problem of budgetary ‘rent extraction’. 相似文献
5.
‘International commitments pay’ could be the mantra of the current literature on international organisations: tying their hands at the international level is a means for governments to push through politically costly, but ultimately welfare‐enhancing reforms. It is argued in this article that this logic has a limit, which can be empirically observed. Past a given point, further depth of integration increases odds of backsliding. This belief is tested in the context of accession to an institution whose rules have been heavily scrutinised: the World Trade Organization (WTO). Countries with low rule of law are imposed a risk premium in the form of demands for deeper concessions, making ‘over‐committing’ possible. This relationship is used to assess the extent to which deeper commitments lead to backsliding. Industry‐level analysis supports these beliefs: deep commitments lead to increased odds of backtracking through a range of legal and extra‐legal mechanisms. Ambitious international commitments can backfire. 相似文献
6.
What explains the variation in institutional adaptation of national parliaments to European integration? Whereas the existing literature has mainly focused on domestic conditions, this article explains institutional adaptation to integration by focusing on inter‐parliamentary diffusion. The argument draws on ‘learning’ mechanisms of diffusion on the demand side and on ‘emulation’ mechanisms on the supply side. Parliamentary demand for external inspiration is related to uncertainty about functional oversight institutions, and the selection of sources to perceptions of similarity and success. Demand arises in new European Union member parliaments and young democracies that then turn towards culturally alike countries and old democracies. Using spatial econometrics, support is demonstrated for the argument in the article while ruling out alternative diffusion mechanisms such as spatial proximity and learning from Scandinavian frontrunners once links along cultural similarity and democratic experience are controlled for. The results underline the limits of the ‘isolated polity’ approach in the comparative study of institutions in Europe's closely integrated political system, while also showing that, even in this favourable environment, diffusion pathways are contingent on the mechanisms generating demand among policy makers and shaping their selection of sources for external information. 相似文献
7.
This paper explores the political structures suitable for the realization of John Rawls’ The Law of Peoples (1999). In particular, it explores whether Rawls’ principles and fundamental foundations recommend establishing global institutions and, if so, whether, and in what sense, these institutions should be democratic. It is often suggested, either implicitly or explicitly, that The Law of Peoples would operate through the bilateral and multilateral interactions of, ideally conceived, nation-states. This paper argues, on the contrary, that it would advise a series of democratic global institutions. The case is developed with respect to the idea of a global institution with the remit of regulating international trade and applied, in the contemporary context, to the World Trade Organization (WTO). 相似文献
8.
George Hoberg 《Journal of Comparative Policy Analysis》2001,3(2):191-217
This article evaluates the environmental criticisms of free trade that have been such an important part of the critique of globalization. The first section briefly surveys the range of criticisms environmentalists have brought against the new economic order. The second section examines the available literature on the race to the bottom, one of the key concerns. The third section analyzes the World Trade Organization trade rules and how they have been interpreted by dispute resolution panels involving environmental issues. The fourth section turns to the specific rules of the North American Free Trade Agreement and examines several case studies of environmental issues in that region. The final section provides a summary evaluation of the environmental criticisms. The article argues that the environmental criticisms are exaggerated. Trade agreements leave far more room for domestic environmental measures than is frequently argued. The political globalization of the environmental movement has helped counter the threat to environmental policy created by the economic and trade aspects of globalization. Environmentalists do need to be careful about how they advance this critique of globalization, however, because their arguments risk becoming a self-fulfilling prophecy. 相似文献
9.
While the economic rise of new powers, frequently identified as the ‘BRICs’ (Brazil, Russia, India, and China), has been dramatic, the implications of this emerging multipolarity for global economic governance are not clear. In this paper, we address the question: can the diffusion of power among a greater diversity of countries result in the creation of a new global economic order—a Pax Mosaica—to succeed the Pax Americana of the previous century? Our argument proceeds in four steps. First, we provide a brief overview of the achievements and limitations of the system that was established at the end of World War II, and lasted for over half a century in the form of Pax Americana. In the second section, we investigate the emergence of multipolarity, and highlight the opportunities and costs that this generates. In the third section, we explore the routes whereby the changing balance of power might be harnessed towards the creation of a Pax Mosaica. We do so by posing four sets of questions, which must be answered if the mosaic distribution of power is to lead to greater economic stability, growth, and peace. The fourth section concludes the paper with ideas for reform with reference to the World Trade Organization, the Bretton Woods institutions, and the G20. 相似文献
10.
Conor Farrington 《The Political quarterly》2019,90(3):525-533
Anthems are conventionally viewed as helping to unify and mobilise populations by generating a sense of shared identity. Beethoven's Ode to Joy, which currently serves as the European anthem, occupies a more equivocal place in the European Union's symbolic armoury. Whether performed with or without Schiller's original text, the piece raises important questions regarding the nature of the European Union and the purpose of Beethoven's music within contemporary European politics. Nevertheless, given that any practical alternatives also raise significant difficulties, Beethoven's Ode to Joy can be regarded as a useful prompt for reasoned discussions regarding the future of the European Union, especially if reunited with the text of Schiller's An die Freude. 相似文献
11.
As part of the “better regulation” agenda, the European Commission created a semi-independent institution, the Regulatory Scrutiny Board, to monitor the preparation of policy proposals. The position of this Board is potentially wide-ranging. A proposal that is not given the green light by it cannot proceed in the Commission's internal decisionmaking process. But so far, the Board has only received scant scholarly attention. We provide a comprehensive analysis of the impact of the Regulatory Scrutiny Board on the Commission's policy preparation. Using machine learning techniques and quantitative text analysis, we study 673 Board opinions and compare almost 100 draft and final policy proposals. Our findings show that the Board is an active watchdog that is taken seriously by the Commission's departments. A full understanding of policy preparation in the EU therefore requires more scholarly attention to the Regulatory Scrutiny Board. 相似文献
12.
Philip B. Whyman 《The Political quarterly》2018,89(2):298-305
It is becoming increasingly accepted, not least by the Prime Minister and opposition leadership, that the negotiation of a comprehensive trade relationship with the EU is necessary to prevent the UK economy falling off a ‘cliff edge’. This concern is shaping the UK's strategy towards negotiations with the EU and has provided at least part of the motivation for the UK to consider requesting a transition period to facilitate the Brexit process. But how accurate are these fears? What evidence is there for the existence of a ‘cliff edge’? How disastrous would it be for the UK to revert to trading with the EU on the same basis as most other countries in the world, namely according to World Trade Organisation rules? This article seeks to address these issues and it highlights a number of implications for policy makers which flow from understanding the available evidence a little more clearly. 相似文献
13.
This paper seeks to deepen our understanding of financial industry lobbying efforts that result in specific regulatory rules being dropped from the regulatory agenda, or what we call ‘rule omission’. Critically, existing research either ignores rule omission or characterizes it as the pinnacle of lobbying success. We argue that only in carefully mapping out industry preferences and tracking what happens to rules following their omission can we say something about the extent to which finance wins or loses in its effort to shape regulation. Our analysis is based on two in-depth case studies from the European Union: (1) solvency rules in the Institutions for Occupational Retirement Provision Directive (IORPP II), where rule omission does reflect a strong case of industry influence; and (2) short selling rules in the Alternative Investment Fund Managers Directive (AIFMD), a case of rule omission resulting in more stringent rules over industry activities. 相似文献
14.
Daniel Stevens 《European Journal of Political Research》2013,52(4):536-557
While Carmines and Stimson's work on issue evolutions has prompted research showing the dynamics and effects of new party alignments on abortion, religion, gender and cultural issues, this research has all centred on the United States. This article examines issue evolution in Britain. Using evidence on the timing of changes in elite positions from Comparative Manifestos Group data, and survey data on public attitudes to the European Union with a longer historical sweep than heretofore, the article finds strong evidence that the European issue has followed an issue evolution path, though with distinct dynamics contingent on the pace of elite re‐positioning. Thus, this article extends the theory of issue evolution to a parliamentary political system and demonstrates the responsiveness of the public to elite cues, while also providing additional insights from a unique case in which elites have staked out distinct positions not once, but twice. 相似文献
15.
Christopher Gandrud 《West European politics》2018,41(4):1025-1048
AbstractSome European Union member states’ financial regulators choose to make some of the data they routinely collect on individual banks publicly available. Others treat this data as confidential. What explains this difference? This paper considers the possible effects of crises, path-dependent legal institutions, and the design of deposit insurance schemes. At the national level, the paper focuses on contrasting German and Dutch cases. After the recent economic crisis, the Dutch released more data while the German authorities maintained strict confidentiality rules. The design of deposit insurance schemes provides a key reason why the level of secrecy varies, with the Dutch move from an ex post to an ex ante scheme where the government served as the ultimate backstop leading to questions about the accounts of individual banks while the German system favoured continued secrecy. The paper also describes the level of transparency at the EU level. Multilevel legal restrictions and bureaucratic capacity tilt EU banking union practices towards member states that treat financial supervisory data as confidential. 相似文献
16.
17.
中国入世十年来发展成就巨大,也面临着越来越多的贸易摩擦,主要原因之一就是中国企业对国际贸易规则和法律的认知及运用还有待提高.在认识和了解国际规则、增强国际规则意识的基础上,中国还应当加强对国际规则的运用,更要参与完善旧的国际规则体系. 相似文献
18.
This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory state” has continued to rely on its regulatory model of accountability, focused on decisionmaking processes, and interest mediation. In line with Majone, we describe the model as procedural and contrast it to substantive accountability – which is necessary when regulation has clear redistributive implications. Using two case studies from fiscal policy and monetary affairs, we illustrate the predominance of procedural accountability as exercised by the European Parliament and EU Courts. We complement the empirical analysis with a normative discussion of how substantive accountability could potentially be rendered in both fields. 相似文献
19.
Anders Ejrnæs 《West European politics》2013,36(7):1390-1419
Academic and general interest in public support for European Integration is on the rise. Theoretically, the utilitarian, identity, reference, cue-taking and signalling models have been developed to explain this perplexing phenomenon. While these models have been tested, there is no comprehensive up-to-date account of how well they perform separately, relative to each other and across levels. Empirically, this study utilises a data set with 110,873 respondents from the European Social Survey. Methodologically, a multilevel model is used to address causal heterogeneity between levels. The study shows that ‘attitudes towards multiculturalism’ at the individual level and ‘corruption’ at the country level are the strongest predictors. When interacting levels within models, it is demonstrated that individual trust in the national political establishment is being moderated by the level of corruption in a country in influencing support for European integration. On this basis, two models are proposed, named the ‘saviour model’ and the ‘anti-establishment model’. 相似文献
20.
The existence of political responsiveness in multi-level systems like the EU remains an open question despite significant recent research on the topic. This article studies whether the European Council responds to the shifting policy priorities of European citizens. More specifically, it explores the synchronic and diachronic associations between what people consider to be the most important problems and the political attention devoted to these issues from 2003 to 2014. The economic crisis after 2008 appears to have made the ranking of public concerns and the European Council agenda more alike. However, a detailed examination of the shifts in prioritisation of single issues over time reveals little evidence for dynamic issue responsiveness. Recently the European Council has paid more attention to the issues that the public considered the most pressing problems but the convergence could possibly be driven by the intensity of the underlying policy problems. 相似文献