Internet of things – Governance quo vadis?

The Internet of Things (IoT) as an emerging global Internet-based information architecture facilitating the exchange of goods and services is gradually developing. While the technical aspects are being discussed in detail a legal framework does not exist so far. The first supranational organization trying to work out an IoT governance framework has been the European Commission by appointing a large group of experts to examine the relevant aspects of a possible IoT governance regime. In the meantime, however, the activities have been degraded. Nevertheless, even if the differences between the IoT and the Internet have been overestimated at the beginning, many elements of the IoT differ in part from the corresponding problems in the Internet. Therefore, an analysis of the major IoT governance issues (legitimacy, transparency, accountability, anticompetitive behavior) seems to be worthwhile to conduct.     

EU Legislation to Reduce Carbon Emissions from Cars: Intergovernmental or Supranational Policy Making?

This article examines the making and implementation of the 2009 European Union (EU) regulation on cars and CO₂ emissions (Regulation [EC] No 443/2009). As the first legally binding measure to target the CO₂ emissions of passenger cars, this regulation represents a milestone in EU efforts to reduce the climate impacts of road transport. The analysis draws on two central theoretical perspectives on EU policy making: liberal intergovernmentalism and supranationalism. Both offer important insights, but their explanatory power varies with the policy‐making phase in focus. The analysis shows that the Commission and the car industry were instrumental in shaping what eventually became an industry‐friendly regulation applicable in all EU countries. However, far from being a case of closed negotiations between the industry and the Commission, Germany and other EU countries defending the interest of manufacturers of high‐emission vehicles made use of their powers during the decision‐making phase and succeeded in watering down the Commission's proposal.     

The Europeanization of national elections. The role of country characteristics in shaping EU issue voting

Research has shown that voting in European elections is affected by domestic politics. However, in the last years, and particularly after the European debt crisis, also the EU has gained relevance and salience in national politics. In this paper we address the Europeanization of national elections and assess to what extent the characteristics of countries condition the intensity of EU issue voting. Using data from the European Election Studies and the Comparative Manifestos Project, our results demonstrate the importance of congruence between citizens' and parties’ positions on the EU for the individual vote on the national level and show how this varies across countries. We provide evidence that EU issue voting is more intense in countries with more political influence in the EU as well as in countries that are net contributors to EU funds.     

Baker & McKenzie's annual review of developments in EU law relating to IP,IT & telecommunications

This is a summary of the Baker & McKenzie columns on developments in EU law relating to IP, IT and telecommunications. This summarises the principal developments in 2008 that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas and which were reported on in this column in 2008. It seeks also to update any further development which may have taken place in relation to the specific topics since originally reported. 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.     

EU developments in IP,IT & telecommunications law

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This 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.     

掠夺性定价的经济学及法律分析——美国和欧盟的经验与趋势

掠夺性定价一般表现为企业为排挤、制约竞争对手或阻碍竞争对手进入市场而在相当长的一段时期内故意将价格设置于其成本之下。其目的是为将竞争对手逐出市场并随后设定高于竞争水平的价格,以收回前期降价的损失。《中华人民共和国反垄断法》以及其他相关的法律法规都包含了禁止掠夺性定价的规定。然而,对于掠夺性定价中的一些具体问题还没有相应的法制规章提供指引和解读,再加上此类案件法院判决的先例在中国现阶段还属少见,因此,本文将详细讲解近年来美国和欧盟的经济学家、反垄断机构以及法院对此类经典案件(如Wanadoo案等)的审理分析经验与趋势,以供借鉴。     

Implications of EU Enlargement on the EU Greenhouse Gas 'Bubble' and Internal Burden Sharing

Currently, the EU-15 forms the only 'bubble' under the Kyoto Protocol and has negotiated an internal burden sharing. A strategic EU climate policy should include accession countries. Thus, even in the case of early ratification of the Kyoto Protocol by 2002, it would be sensible to form a bubble with all countries that are certain to be EU members during the commitment period 2008–2012. Of course due to Art. 4.4 of the Protocol the EU-15 has to stick to its own bubble. However, nothing prevents it from forming an implicit bubble including all first wave countries by inducing them to form a bubble on their own and transfer the surplus to the EU-15. Similarly, second wave countries should form a bubble of their own to co-ordinate JI and permit transfers to the EU. This would reduce the gap between business-as-usual and the target by about 50%. If ratification is delayed to a point where it is clear which second wave countries will be members by 2008, the bubble should be extended by those countries. When in 2005 target negotiations start for the second commitment period, the EU should negotiate a bubble consisting of all states being certain to be members by 2013.     

How Can the European Union Contribute to a COP-6 Agreement? An Overview for Policy Makers

During the 6th Conference of Parties (COP-6) in The Hague, the Netherlands, November 2000, crucial progress on a number of outstanding issues related to the Kyoto Protocol will have to be made to open the way for its early ratification, if not to save it from complete failure. Given the present lack of internal US political support for the Kyoto Protocol, the EU may play a pivotal role in making the Kyoto Protocol agreement a reality even without initial ratification of the US, if its able to provide sufficient leadership. In this overview article we discuss the main issues under negotiation, the problems of finding agreement and opportunities for the EU to catalyse a compromise agreement at COP-6, building on key scientific papers as included in this issue and discussions at the European Forum on Integrated Environmental Assessment Climate Policy Workshop in Amsterdam. Key elements are the inclusion of sinks, the use of the Kyoto Protocol mechanisms as a supplement to domestic action and the international compliance system. Domestic implementation of climate policy is a major factor for the EU's credibility.     

New media and strategic narratives: the Dutch referendum on Ukraine – EU Association Agreement in Ukrainian and Russian Internet blogs

ABSTRACT

This article analyses two confronting narratives authored by Ukrainian and Russian bloggers who reported the Dutch referendum held on 6 March 2016, and discussed Dutch citizens’ referendum vote on the Ukraine–EU Association Agreement. The considered narratives, addressed to the Ukrainian and Russian audiences respectively, are viewed as strategic because they specifically portray political actors of the referendum “drama” – the Netherlands, the European Union (EU), Ukraine and Russia. These actors are significant participants of European international relations, and their perceptions of one another are important for European security at the present time of critical diplomacy. In this paper, information about the DUTCH REFERENDUM obtained from the new media texts is regarded as a narrative-based political concept (NBPC). It is argued that this concept has different versions, or images that reflect the narrators’ biased perceptions imposed upon the public. Identification and comparison of such images require a particular methodology. Therefore, the objective of this paper is two-fold: to expose the two confronting versions of a strategically relevant political image, and to develop an authentic, interdisciplinary methodology for its analysis. The proposed methodology is informed by the ontology theory employed in cognitive science and cognitive linguistics.     

Normative transformations in EU external relations: the phenomenon of ‘soft’ international agreements

Abstract

The European Union increasingly uses ‘soft’ international arrangements rather than formal international agreements in establishing relations with non-EU states. This contribution aims to raise the question of to what extent a move from hard to soft law in relations between the EU and its partners can be seen as allowing the Union to ‘step outside’ the legal framework (if that indeed is what is happening) and disregard the rules and principles that define the way in which EU external relations are to take shape. Possible consequences include the risk that these instruments are not subject to appropriate safeguards, that parliamentary influence (by the European Parliament as well as by national parliaments) is by-passed and that transparency is affected. There are various reasons for the EU not to use formal procedures, but a turn to informality does come at a price.