1,721,076 research outputs found
The challenge of transnational private regulatin : conseptual and constitutional debates/ Edit : Colin Scott (and Fabrizio cafaggi
No full textiv, 188 hal.; 23 cm
The challenge of transnational private regulatin : conseptual and constitutional debates/ Edit : Colin Scott (and Fabrizio cafaggi
No full textiv, 188 hal.; 23 cm
Public and private regulation : mapping the labyrinth
No full textPrivate governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences like in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policymakers award priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policymakers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: (i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; (ii) Involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and (iii) Contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators
Which Governance for European Private Law?
No full textThe paper describes the necessity to consider the role of private rule making and the increasing importance of national regulatory agencies, in the process of European legal integration. It then focuses on the legislative design and process implementation of EPL. Its departing assumption is that EPL is and will remain a multilevel system where national implementation of European legislation generates intentional and unintentional spillover effects to be ‘governed’ through horizontal devices. The author underlines that the current legislative and judicial trend towards total harmonization is the wrong response to normative differentiation occurring in the process of national implementation. He analyses in particular the areas of unfair contract terms and commercial practices, providing examples of divergent implementation which can not be tackled only at legislative level, claiming that governance is a better response. He examines traditional modes of governance and then considers the applicability of new modes of governance to EPL. He makes several reform proposals; most of them do not require legislative intervention. At the legislative level, given that the competences are organised around policy areas while private law, following the national traditions, is conceptually organised around institutions, he proposes different ways to improve coordination at the Commission level, concerning legislative draft. Legislative drafting can also be improved by considering the different impacts of new legal categories in national legal systems, especially the general clauses. At the implementation level he emphasizes the role of judicial governance and the lack of coordination among national judiciaries proposing the establishment of a permanent judicial conference specialised in EPL to be coordinated with TFI and ECJ. He then proposes the institution of committees operating according to subjects ( contract, property, tort) that would cut across directorates competences and would analyse the impact of European legislation on private law national systems. Finally he proposes the use of OMC, adequately redefined to evaluate the policy effects of implementation especially when it involves national regulatory agencies.governance
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Un cadre normatif pour évaluer les effets de la distribution de la régulation
No full textRegulatory capabilities: A normative framework for assessing the distributional effects of regulation par Fabrizio Cafaggi et Katharina Pistor This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self-determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable a..
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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