Agent permeability, principal delegation and the European Court of Human Rights

A growing body of international relations literature examines the delegation of state authority to international organizations. Delegation is a conditional grant of authority from a principal to an agent in which the latter is empowered to act on behalf of the former. This paper explores the effect of agent permeability to interested third parties on the efficacy of control mechanisms established by principals. Our central argument is that higher levels of agent permeability are likely to lead to higher levels of agent autonomy. Because of this, principals who face a potentially permeable agent are likely to delegate more cautiously—partially, in stages, or with clear limits. We illustrate our argument with a case study of the European Convention of Human Rights and its two principal institutions, the Commission and the Court. We find that principals (contracting states) historically delegated quite cautiously to the Court, clearly concerned about the Court’s autonomy. Court behavior in its first two decades reassured principals while increasing the Court’s permeability. Over time, that increased permeability increased Court autonomy in conjunction with the Court’s growing visibility and experience.

Tom Borcherding

Thomas E Borcherding passed away on February 12, 2014, of congestive heart failure. He was 74. He is survived by his wife, Rhoda, and his sons Matthew and Benjamin. He made important, lasting contributions to the discipline of economics, particularly to the fields of public choice and law and economics. While the profession will surely miss his scholarly contributions in the future, we will continue to learn from the insights he has left behind in the academic literature and in our memories. The personal contributions he made to the lives of family members, colleagues, students, and friends will be missed even more acutely. Tom was an important presence in our lives. The absence of his kindness, generosity, keen wit and buoyant personality will be missed by all who knew him.     

Transgression and (sexual) citizenship: the political struggle for self-determination within BDSM communities

There has been – and continues to be – a tension within the political strategies of sexual minority communities claiming citizenship. Whilst attempting to forge a political self-determination based on being (dissident) sexual subjects, members of sexually diverse communities have frequently engaged in political practices that normalize their diversity to accord with wider socio-cultural conventions. In this article, we address this issue in relation to the political strategies of one of the most marginalized sexual identities/practices: BDSM. By drawing on the work of Foucault, Rose, Rabinow and Bahktin, we advance a case for how it may be possible for dissident sexual communities to resist the normalizing effects of citizenship whilst still making claims for legal recognition and wider social acknowledgment. Key to the argument is the theorization of a position wherein carnival transgression operates within a dialectical integration of ideology and utopia as a mode of citizenship.     

The Bitter Product of Defeat? Reflections on Winstanley's Law of Freedom

The Law of Freedom in a Platform was Gerrard Winstanley's final published work. It appeared in February 1652, nearly two years after the dissolution of the 'Digger' commune in Surrey of which he had been the principal spokesperson. The book is said to differ markedly from his previous writings. In particular, his depiction of a disciplinary state apparatus is contrasted to his earlier rejection of state authority, and his appeal to a utopian legislator (Cromwell) is contrasted to his earlier emphasis on the self-emancipation of the poor. In accounting for this shift of position, commentators often refer to the 'bitter' experience of the Diggers' defeat. Confronted everywhere by ignorance and persecution, Winstanley came to realise that institutionalised discipline was required to counter human imperfection and that emancipation could only come from the top down. This paper questions such an argument. It suggests that in almost every respect The Law of Freedom remained consistent with Winstanley's other writings and that no transformation in his thought took place. What apparent differences there were stemmed from the challenges presented by the utopian genre, and the paper concludes by arguing that Winstanley's achievement lies in his having risen to these challenges.     

Explaining Costly International Institutions: Persuasion and Enforceable Human Rights Norms

Why do states create enforceable international human rights norms that empower third parties to prevent and sanction domestic human rights abuses? Recent theories suggest that international institutions are shaped not only by power and interests but also by the content of arguments during intensive communication and argumentation processes. Moving beyond the simple notion that "communication matters," I argue that states are likely to be persuaded by arguments that draw on widespread taken-for-granted norms, in particular, prohibitions on bodily harm, the importance of precedent in decision making, and the link between cooperation and progress. This model extends previous theories by specifying mechanisms and scope conditions for international change through persuasion. I illustrate the argument by examining the convention against torture, a costly international institution that allows domestic courts to prosecute crimes that occur in the territory of other states (universal jurisdiction). Because of its enforcement mechanisms, the torture convention poses a difficult case for theories explaining international institutions. If persuasion models can explain even costly institutions, they should be more widely considered as explanations for all kinds of international institutions.     

Community registered design invalidated by prior registered trade mark

In a series of four decisions, the OHIM Invalidity Divisionhas declared invalid Community registered designs 00016245-0001to 0004 in the light of international trade mark registration810732, designating various European Union Member States. Thisis believed to be the first time that a Community registereddesign has been declared invalid on the basis of an earliertrade mark right.     

Parallel imports: more CD than WOW?

Legal context: Intellectual property rights, particularly trade marks, haveas their primary aim the protection of the rights holder (andperhaps consumer) by allowing him and only him to sell eg, hispatented product, or his product under his trade mark. Counterfeitersand infringers are stopped in their tracks. However, intellectualproperty law has a secondary use – allowing rights holdersto stop products being marketed in Europe without their consent,even when said products are genuine. Key points: This article summarises the law on parallel importation andexhaustion of rights, focussing on two recent UK cases; thesuccessful action by the music industry for copyright infringementby CD-WOW, a leading CD retailer based in Hong Kong and thesuccessful appeal against a finding of trade mark infringementby parallel importer Mastercigars Direct, which imports Cubancigars. Practical significance: Parallel imports provide a means for entrepreneurs to exploitprice differentials between countries in Europe and countriesin the rest of the world. As such, they occur on a significantscale, generating substantial revenues. IP rights holders haveconsistently taken action against such individuals, with Sonyin particular heading to the courts on regular occasions, meetingmostly with success.     

Does group engagement with members constitute a “beneficial inefficiency”?

This article explores the role of variations in organizational form in explaining levels of group access. Specifically, we test whether group forms incorporating more extensive engagement with members receive policy advantages. We develop and test a account of beneficial inefficiencies. Our account reasons that the costs of inefficient intraorganizational processes and practices associated with enhanced engagement with members are beneficial as they generate crucial “access goods”—specifically encompassing positions—that in turn receive enhanced policy benefits. The costs of intraorganizational practices allowing members to engage more thoroughly in decision making are thus beneficial inefficiencies. We test this proposition using data on the Australian interest group system. Using the tools of cluster analysis, we identify three forms, each varying in respect of the inefficiencies they embody. Our multivariate analysis finds strong support for the account of beneficial inefficiencies: groups with the most inefficient organizational model receiving the greatest policy access.