Exporting governance: Lithuania adapts a Canadian policy management model

Abstract: Lithuania's efforts to join the European Union were faltering in the late 1990s. A moribund policy management system offered scant hope for quick reversal. To break the impasse, Lithuania's prime minister negotiated a unique, CIDA‐funded project to modernize their decision‐making system by partnering with the Ontario Public Service and the Institute of Public Administration of Canada. Although slow to gain traction, inspired leadership by a new Lithuanian prime minister, his chancellor and government secretary re‐energized efforts to adapt an Ontario policy management model, which endures today. The results, in terms of pace and scope of reform, were impressive. But did they make a difference? In the absence of useful public benchmarks from oecd governments, the project collaborated with the World Bank to develop its own set of indicators for each stage of the policy process. Two surveys, conducted in 2000 and 2002, revealed a dramatic turnaround, underscoring how major change can be quickly implemented when supported by determined leadership. This article reviews the project, the survey methodology and results. Given the centrality of Ontario to Lithuania's reform, the article concludes with a cursory exploration of whether the province applies its own best practices. The answer, not surprisingly, is that it does so, sometimes. Sommaire: Les efforts déployés par la Lituanie pour se joindre à l'Union européenne s'affaiblirent à la fin des années 1990. Un système moribond de gestion des politiques offrait peu d'espoir d'un revirement rapide. Pour mettre fin à l'impasse, le Premier ministre de la Lituanie a négocié un projet unique financé par lacdi pour moder‐niser leur système de prise de décision, en établissant un partenariat avec la Fonction publique de l'Ontario et l'Institut d'administration publique du Canada. Même si ce projet fut lent à démarrer, un leadership inspiré par le nouveau Premier ministre litu‐anien, son chancelier et secrétaire d'État relança les efforts pour adapter un modèle ontarien de gestion des politiques, qui se trouve toujours en place aujourd'hui. Les resultats, en termes de rapidité et de portée de la réforme, furent impressionnants. Mais ont‐ils changé quelque chose? En l'absence de points de repère publics utiles de la part des gouvernements de locde , le projet a collaboré avec la Banque mondiale au développement de ses propres indicateurs pour chaque étape du processus de politique. Deux enquêtes, menées en 2000 et 2002, ont révélé un redressement remar‐quable, soulignant comment un changement majeur peut être rapidement mis en ceuvre lorsqu'il a I'appui d'un leadership déterminé. Cet article passe en revue le projet, la méthodologie et les résultats des enquêtes. Étant donné la grande importance de l'Ontario dans la réforme de la Lituanie, en conclusion, l'article examine brièvement si la province applique elle‐même ses meilleures pratiques. La réponse, qui n'est pas surprenante, est que oui, elle les applique…Parfois.     

Excessive Prices: Using Economics to Define Administrable Legal Rules

European competition laws condemn as ‘exploitative abuses’the pricing policies of dominant firms that may result in adirect loss of consumer welfare. Article 82(a) of the EC Treaty,for example, expressly states that imposing ‘unfair’prices on consumers by dominant suppliers constitutes an abuse.Several firms have been found to abuse their dominant positionsby charging excessive prices in cases brought by the EuropeanCommission and the competition authorities of several MemberStates. Those cases show that the assessment of excessive pricingis subject to substantial conceptual and practical difficulties,and that any policy that seeks to detect and prohibit excessiveprices is likely to yield incorrect predictions in numerousinstances. In this paper, we evaluate the pros and cons of alternativelegal standards towards excessive pricing by explicitly consideringthe likelihood of false convictions/acquittals and the costsassociated with those errors. We find that the legal standardthat maximizes long-term consumer welfare, given the informationtypically available to regulators, would involve no ex postintervention on the pricing decisions of dominant firms. A possibleexception to this general rule is discussed.     

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.     

When Supply Creates Demand: Social Democratic Party Strategies and the Evolution of Class Voting

This paper focuses on the policy strategies adopted by social democratic parties and their impact on the class basis of their support. It is argued that political appeals matter for explaining the development of class voting. This argument is tested through a comparison of the policy strategies of social democratic parties in Austria and Switzerland and the evolving patterns of class voting in the two countries. Using election surveys and data on the policy positions and media representation of the political parties from the 1970s to the 2000s, the article finds that the Social Democratic Party in Austria maintained a strong working class base. In contrast, the Social Democratic Party in Switzerland facilitated a major transformation of the class basis of its support by emphasising new cultural issues. It became the party of the ‘new middle classes’, leaving the working class to realign in support of the Swiss People’s Party.     

Multiple Winning Formulae? Far Right Voters and Parties in Eastern Europe

Abstract

Can theories explaining far right voting in Western Europe be extended to post-communist Eastern Europe? We address this question with a comparative demand-side analysis of far right parties and their voters in four post-communist countries: Bulgaria, Latvia, Lithuania, and Slovakia. Our findings indicate the emergence of two distinct types of far right party. While the Latvian and Lithuanian far right resemble the new radical right (NRR) model, the Bulgarian far right comes closer to the welfare chauvinist ideal type. The far right mobilised anti-Semitic voters in Latvia, Slovakia and Bulgaria. In all four cases, the far right was especially successful in capturing the votes of ethnic majority members who are the most opposed to their country’s formerly dominant ethnic group.     

Direct investment and industrial concentration

Cross‐national comparison of industrial concentration is considered here in terms of two hypotheses. The ‘technology/market size’ hypothesis [Merhav, 1969] predicts greater concentration in less developed countries than in the larger markets of developed countries. The ‘miniature replica’ hypothesis predicts that, when the degree of foreign ownership is high, industries in less developed countries may be less concentrated than their counterparts in advanced countries. Most cross‐national comparisons of firm size distributions support a predominance of ‘technology/market size’ effects. In this paper, data from the pharmaceutical industry in Brazil and other less developed countries are used to suggest that under certain conditions ‘miniature replica’ effects may prevail.     

The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

Netherlands International Law Review - The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked analysis of the so-called ‘positive...     

Human Flourishing, Human Dignity, and Human Rights

Rather than treating them as discrete and incommensurable ideas, we sketch some connections between human flourishing and human dignity, and link them to human rights. We contend that the metaphor of flourishing provides an illuminating aspirational framework for thinking about human development and obligations, and that the idea of human dignity is a critical element within that discussion. We conclude with some suggestions as to how these conceptions of human dignity and human flourishing might underpin and inform appeals to human rights.     

From Bilski back to Benson: preemption, inventing around, and the case of genetic diagnostics

The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but acknowledged three judge-made exceptions to patentability. It disapproved State Street, the Federal Circuit case that had upheld business method patents, but could muster only four votes for the proposition that business methods are in fact unpatentable. But even though the Court upheld business method patents, it invalidated all of Bilski's hedging claims. And while the Justices agreed on one thing - a patent that "preempts" something (a mathematical formula, an approach, a commonly used idea, a wide swath of technological developments, the public's access) is bad - they failed to operationalize the concept. That problem had plagued the law prior to State Street; in the interest of preventing the same set of problems from recurring, this Article uses recent empirical studies on gene patents to tease out indicia ("clues") to supplement the machine-or-transformation test for determining when a claim is preemptive and therefore invalid. Chief among these clues is the inability to invent around claims that cover broad prospects.     

Fear of crime while camping: examining perceptions of risk,safety precautions,and victimization effects

Past research suggests that fear of crime is influenced by several factors including perceptions of risk and previous victimization. Fear of crime may also vary by location and context. The current study examines the influences on fear of crime among campers including perceptions of risk and past experiences with victimization while camping. Survey data collected from individuals camping in state and national parks were analyzed. Fear of crime was significantly related to perceptions of risk and taking safety precautions, however experiencing a previous victimization while camping was only marginally related to fear. Participants expressed higher levels of fear and perceptions of risk in their own neighborhoods compared to when camping. These results are discussed in terms of policy implications and suggestions for further research.