EU update

This is the latest edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Actively Cultivating Policy Similarity. A Regional Strategy in Education Policy in France and Germany

Regionalization processes across Western Europe have triggered analyses of regional policy divergence. Yet, in a number of cases, regional governments appear to have deliberately strived to achieve policy conformity. Previous research tends to emphasize exogenous explanations of regional policy convergence. In contrast, this paper addresses the issue of regional policy convergence by focusing on endogenous explanatory factors. Its objective is to carry out an investigation of when, how, and with what effect a ‘desire for conformity’ arises, and contends that regional governments may actively cultivate policy similarity as a strategy to develop or secure their policy capacity. Specifically, the paper argues that the adoption of this strategy is contingent upon two requirements that may or may not be met, and that its outcome is the convergence on targeted dimensions of regional policies. The two requirements are: (i) a countrywide public preference for policy uniformity in the policy area of concern, and (ii) the presence of a threat posed to regional policy capacity by various political entrepreneurs, including the central state, who blame regions for providing divergent policies on particular dimensions. This paper is based on the comparison of two case studies where regional governments deliberately pursued policy conformity on targeted dimensions of their education policy: school-building policy in France and curricula policy in Germany. The two case studies also present dissimilar features that make it possible to investigate the effects of institutional setting and policy distribution on the adoption and operation of the active-cultivation-of-policy-similarity strategy.     

Canada,the Palestinian Liberation Organisation (PLO) and the flexibility of terror identities

ABSTRACT

Security governance practices are contingent on the imagination of future threats. The “war on terror” has produced a very narrow imagination of threats, almost singularly focused on suspect communities that are Arab, Muslim, or perceived to be Middle Eastern. Discussing how immigration practices in Canada have been influenced by counter-terrorism trends, we argue that “terror identities” are mutable and highly racialised imaginaries that cast indelible marks of suspicion on subjects who are deemed as security threats. Examining the case of a journalist deemed inadmissible to Canada because of her “membership” in the Palestinian Liberation Organisation (PLO), we argue that terror identities impose authoritative control over the status and lived experiences of individuals who are cast through these racialised labelling practices. Focussing on the shifting characterisation of the PLO by Canadian officials as both political interlocutor and terrorist organisation, our purpose is to highlight how racialised imaginations of terror identities enact punitive and discriminatory practices.