欧盟《分时度假指令》研究

<欧盟分时度假指令>经过成员国的转换,成为成员国规制分时度假市场的重要立法.尽管它对分时度假的市场秩序起到一定的规范、整顿作用,但指令只是对分时度假提出最低限度的要求,且对分时度假的界定过于严格,以致没有实现保护分时度假及类似产品的消费者的预期目的.介绍了指令的出台背景、内容,并作出相应评述,以为我国将来立法提供前车之鉴.     

欧盟竞争法对知识产权人滥用市场支配地位之规制--从欧洲法院的视角解析《欧共体条约》第82条

复制生产权是知识产权人独占性权利的重要组成部分,因此,权利人拒绝向第三方授予许可的行为本身并不当然构成《欧共体条约》第82条(以下简称ECT82)意义上之市场支配地位的滥用,但是,这并不排除某些特殊情况下滥用行为的存在。通过一系列案件的审判,欧洲法院对知识产权人滥用市场支配地位的判断总结出了一些标准,一旦符合这些标准,权利人就会被强行要求向市场提供某些产品或服务,尤其是当权利人凭借知识产权垄断了市场“基础设施”的时候,欧盟竞争法就会赋予权利人开放这种“特定门槛”的强制性义务。     

Gaughran vs the UK and public acceptability of forensic biometrics retention

This commentary provides a response to the European Court of Human Rights ruling in the case of Gaughran vs the United Kingdom on 13 February 2020. The Court ruled that the indefinite retention of DNA, fingerprints and facial images from all convicted adults was disproportionate. Using data from a survey on public attitudes, we examine the public acceptability of the police retention of forensic biometrics from the population.     

Institutional reform and public attitudes toward EU decision making

In the face of the discourse about the democratic deficit and declining public support for the European Union (EU), institutionalist scholars have examined the roles of institutions in EU decision making and in particular the implications of the empowered European Parliament. Almost in isolation from this literature, prior research on public attitudes toward the EU has largely adopted utilitarian, identity and informational accounts that focus on individual-level attributes. By combining the insights from the institutional and behavioural literature, this article reports on a novel cross-national conjoint experiment designed to investigate multidimensionality of public attitudes by taking into account the specific roles of institutions and distinct stages in EU decision making. Analysing data from a large-scale experimental survey in 13 EU member states, the findings demonstrate how and to what extent the institutional design of EU decision making shapes public support. In particular, the study finds a general pattern of public consensus about preferred institutional reform regarding powers of proposal, adoption and voting among European citizens in different countries, but notable dissent about sanctioning powers. The results show that utilitarian and partisan considerations matter primarily for the sanctioning dimension in which many respondents in Austria, the Czech Republic, Denmark and Sweden prefer national courts to the Court of Justice of the EU.     

The unseen hands: Collaborative instrumental leadership in the British renegotiation case

The article contends that an important but overlooked explanation for the European Union's resilience in the past decade in the face of several existential crises has been the informal instrumental leadership roles played by EU institutional actors collaborating with each other. In this article, a theoretical framework is developed that can explain why EU governments, facing a crisis, would choose to informally delegate leadership tasks to a set of EU institutional actors. A three-part mechanism of collaborative instrumental leadership provided by institutions is devised that explains why governments informally delegate leadership tasks to EU institutions, and the effects of this informal delegation. The core of the article is a process-tracing case study that explores how collaborative instrumental leadership actually works. The case selected is the British renegotiation of their terms of membership in 2015–2016. While the case has become more-or-less forgotten because the shock ‘no’ vote in the June 2016 Brexit referendum made its terms moot, the deal included quite exceptional reform proposals in which the EU bent over backwards to accommodate the United Kingdom, perhaps even going beyond the bounds of the EU Treaties themselves in the issue of immigration. Given this, analysing how collaborative instrumental leadership supplied by institutions contributed to producing the ambitious deal can shed light on the processes whereby intractable problems in the EU have been solved in the past decade.     

Racial attitudes & political cross-pressures in nationalized elections: The case of the Republican coalition in the Trump era

While scholars have found that Trump was able to capitalize on the racial attitudes of white voters, it is less clear how these racial attitudes influenced vote-choice across partisan and ideological cleavages in the electorate. It is also unclear whether racial attitudes affected voting at the congressional level or electoral outcomes at the aggregate level. Using a novel measure of racial attitudes at the subnational level and survey data, we make three clear findings: (1) Trump and Republican congressional candidates benefited from conservative racial attitudes both at the aggregate level and among white voters, (2) this electoral benefit for Republicans persisted during the 2018 midterm elections, and (3) the effect of attitudes on vote-choice did not significantly vary across partisan and ideological cleavages in the white electorate. Our findings suggest that, even during the era of highly nationalized and partisan elections, racial attitudes are still a mechanism by which Republicans can win significant electoral support among Democrats and relatively liberal voters in the white electorate. These findings have implications for the growing salience of race in the Republican electoral coalition.     

Does it pay to break male gender stereotypes in advertising? A comparison of advertisement effectiveness between the United Kingdom,Poland and South Africa

Advertisers shy away from using non-traditional (vs. traditional) male gender portrayals even though theory suggests they may be more effective cross-nationally. Two main hypotheses were tested cross-nationally for the first time. H1: ‘paternalistic’ male stereotypes (e.g. Househusband) would be more effective than ‘envious’ male stereotypes (e.g. Businessman) across countries confirming the stereotype content model (SCM). H2: the match between initial male gender role attitudes and advertisement type would increase advertisement effectiveness only in countries with relatively low egalitarian norms (i.e. Poland and South Africa). A cross-national study was conducted through the use of student samples following a 3(country: United Kingdom, Poland and South Africa) × 2(advertisement type) × (gender attitude) mixed design (N = 373). A three-way multivariate analysis of variance showed support for H1 and partial support for H2 (i.e. the second hypothesis held on purchase intent and for South Africa). The study provides evidence for the cross-national applicability of the SCM to advertising and the limited predictive value of gender attitudes for purchase intent depending on country. Thus, contrary to mainstream advertising practices, breaking male gender stereotypes does appear to pay cross-nationally. Theoretical and practical implications alongside the potential for change in practices are discussed.     

Contested war remembrance and ethnopolitical identities in Kosovo

This paper examines the relationship between political power and war remembrance by considering the way war remembrance occurs in a divided society. The purpose of this paper is to explore memory of the violent past and its uses as an ongoing arena of disputes between former adversaries and within ethnopolitical groups pushing their distinct versions of memory. Moreover, this paper examines three key aspects of the politics of remembrance: prevalent narratives, arenas of commemoration, and agencies of war remembrance, based on the case study of Kosovo. The postwar narrative and commemoration in Kosovo have evolved along ethnic lines, perpetuating antagonism and conflicting identities. Memorialization in Kosovo raises serious challenges for comprehensive transitional justice and reconciliation between these ethnic groups. The paper concludes that through appropriate civic education, critical inquiry of commemoration practices, and especially through evidence-based adaptation of the history curriculum, there is a chance to promote a culture of shared memory and to establish inclusive politics of remembrance in Kosovo, as crucial components of reconciliation and peace-building.     

Promising more to give less: international disputes between core and periphery around European posted labor, 1955–2018

ABSTRACT

The posting of workers from the European periphery has generated the longest and most tumultuous series of labor disputes in the history of European Integration. On the basis of relevant archives, this article conducts the first historical review of posting rules in the European Union, from the first negotiation in 1955 until the latest directive in 2018. This historical review enables to discard the idea of a neoliberal turn in posting rules from the 1980s onward. It also leads to reject the explanation of disputes by the movement out of the European periphery under posting rules of a Lumpenproletariat insensitive to class struggle. Instead, the article identifies the increasing regulation of the labor market at the expense of posting opportunities since thirty years. It reveals the dominant role played by governments and their invariable support for their workers. It highlights the constant asymmetry of power between core richer countries and the Southern and Eastern periphery of the European Union. Eventually, this article locates the long-term problem in the contradictions between the interests of workers and firms in richer destination countries and the enlargements of the Single Market to poorer countries.     

Political Trust,Ideology, and Public Support in the United States for Government Spending on Health Care

The U.S. health-care costs have increased at a rapid rate over the last several decades. How much responsibility the government should bear with the increase in health-care costs is one of the main questions that lack consensus among the American people. Utilizing the 2016 General Social Survey data, this study shows that over two-thirds of Americans want to see more or much more spending on health care by the government. An ordered logit regression model shows that political trust and ideology are significant correlates in predicting attitudes toward government spending on health care. The policy implications of the findings are discussed in the “Conclusion” section.