The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

论企业数据权益的法律保护——基于数据法律性质的分析

在互联网与大数据时代,数据已经成为企业的重要资产,对企业数据权益应当进行合理保护。但对企业数据不宜进行绝对化与排他性的财产权保护,因为此种保护违背数据的基本特征——数据并不具有排他性与竞争性。保护企业数据权益应当以促进数据共享为目标,企业数据的合理保护应当有利于促进数据共享。对企业数据应当进行类型化与场景化保护。对于非公开的企业数据,应当提供商业秘密保护;对于半公开的数据库数据,应当提供类似欧盟的数据库特殊权利保护;对于公开的网络平台数据,应当采取竞争法保护,避免恶性搭便车行为。法律还应当为企业主动公开的数据提供特殊类型的保护,允许企业设置白名单与黑名单。此外,法律也应当协调保护个人数据与企业数据,在优先保护个人数据的前提下,实现个人数据隐私期待与企业数据权益的共赢。     

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.     

Fiscal Decentralization Policies in the EU: A Comparative Analysis through a Club Convergence Analysis

Abstract

We study the degree of convergence or divergence in fiscal decentralization in the European Union over the period 1995–2015 using a club convergence approach. First, we analyze non-central expenditure and revenue as percentages of GDP, of total expenditure and of total revenue. The results for the EU-15 countries indicate some clustering, with three clubs formed when using GDP and four to five when using total revenue or expenditure. Second, we study the gap between expenditure and revenue as a proxy of fiscal responsibility. This results in three and two clubs respectively, with Denmark as the divergent country with the highest gap. Finally, we analyze potential unions of clubs and transitions. We also interpret our results taking into account variables found in the literature as determinants of fiscal decentralization. These results show how European countries are quite heterogeneous in terms of fiscal federalism and decentralization, with greater convergence in fiscal responsibility than in the other magnitudes.     

Moving beyond ideas of laddism: conceptualising ‘mischievous masculinities’ as a new way of understanding everyday sexism and gender relations

Abstract

This article engages with current debates on ‘lad cultures’ by questioning how we understand the term in the specific context of everyday sexism and within groups of men varying in age. Further to this, using a feminist and critical masculinity studies perspective, the article will explore how men do not necessarily comprehend their behaviour within the framework of lad culture or within the continuum of sexual violence. Through discussion of ethnographic and interview data collected over a year at a site historically associated with lad cultures, that of a Rugby Union club in Northern England, an alternative way of conceptualising masculinity and everyday sexism, ‘mischievous masculinities’, is proposed. Men in the research practiced what I term mischievous masculinities, whereby they implemented ‘banter’ to aid in both the construction and de-construction of sexist ideas within the rugby space. Performing mischievous masculinity enabled men of all ages to both engage in and simultaneously challenge everyday sexism in ways they understood to be ‘innocent’. However, the continual framing of banter as ‘just a laugh’ demonstrated that this form of sexism can be construed as problematic, due, in part, to its subtlety, in relation to more overt and violent sexist practices. A key difference between the men in my research and previous theorising of ‘lad culture’ is the recurring theme amongst older participants that ‘I should know better’, demonstrating consciousness of the sexist and problematic connotations which could be drawn from this interaction. This notion of mischievous masculinities then, in the context of a life course perspective, can be seen to challenge more established notions of an unreflexive lad culture, thus affording a more nuanced understanding of everyday sexism amongst more diverse groups of men than currently exists, as well as allowing for men’s agency in a specific site.     

The Origins of the European Coalition for Vision: Exploring the Formation of a Network

Despite growing interest in EU-level transnational networks, there is little understanding about how these form. This article investigates the formation of one network—the European Coalition for Vision (ECV). Using document analysis of 100 email exchanges, 12 semi-structured interviews, and observation of 5 ECV meetings, it identifies environmental and organizational triggers, most important to the creation of the ECV. Findings show that while environmental triggers played a role in ECV formation, organizational triggers were crucial. In particular, the presence of network leaders, a network entrepreneur and a network mentor were vital for the successful creation of the network.     

Past as global trade governance prelude: reconfiguring debate about reform of the multilateral trading system

This paper peers backwards into the history of the multilateral trading system and its development over the past half century as a means of considering what may lie beyond the horizon for the future of global trade governance. Its purpose is to underscore the necessity and urgency for root-and-branch reform of the multilateral trading system. It achieves this by comparing and contrasting the global trading system of 50 years ago with its modern-day equivalent and its likely future counterpart half-a-century hence. In so doing, the paper throws into sharp relief not only the inadequacies of global trade governance today but also the damaging consequences of not fundamentally reforming the system in the near future, with a particular emphasis on the past, present and future development of the world’s poorest and most marginalised countries.     

对高校学生会运行的法律思考

高校学生会是大学生的自治性组织,受学校党委的领导和团委的指导,不具有民事主体资格,不具有民事权利能力和民事行为能力。高校学生会在运行中存在法律主体身份不明确、责任承担等问题,故应加强对高校学生会成员的法律教育和管理,规范高校学生会的运行。     

广东—东盟贸易投资存在的问题与对策研究

本文在全球金融危机的背景下,阐述了加强广东与东盟贸易、投资合作的必要性和迫切性;进而从广东经济结构调整需要的视角,分析了广东与东盟在贸易、投资合作中存在的问题及成因;并据此提出构建广东-东盟贸易投资综合平台的设想,论证构建该平台的基本条件,最后提出促进平台建设的相应政策建议.     

Conditioned Networking: Swiss–EU Relations in Transport

This article addresses the structural characteristics of the interactions between Switzerland and the EU in the transport sector, i.e. transport by air and land. More precisely, it is focused on two different aspects of this relationship: first the modes of coordination between Switzerland and the EU according to the concept of external governance and, second, those conditions that make inclusive patterns of interaction more likely. The central finding of this case study is an expansion of both the regulatory and organisational boundary in both cases. This shift finds expression in the incorporation of Swiss actors into a variety of networks that, at least in some cases, allow Swiss actors to shape EU policy making. The actual patterns of interaction are influenced by a number of factors, including the type of governance inside the EU that facilitates the inclusion of third parties in EU external governance and the problem structure that is characterized by coordination rather than enforcement problems.