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This article illuminates the powerful role of law in shaping the EU’s political economy. I argue that the neo-liberal architecture and, ultimately, the lack of a socio-economic equilibrium ingrained in the EU legal framework and in the (case) law of the ECJ are crucial with regard to their effects on the political and (socio-)economic spheres. Solutions to this and the restoration of socio-economic balance are limited. As Treaty change seems unrealistic, I argue that the Court should develop a new (self-)understanding that replaces the ‘integration through law’ paradigm with something that could be understood as ‘integration sustained by law’.
Despite the generally accepted weakness of trade unions at the European Union level, an analysis of two high profile cases – the Services Directive and the Port Directive – shows that trade unions are able to mobilise effectively at the European level and, within constellations of actors, crucially impact EU decision making. In contrast to common claims that a lack of access to EU institutions makes such groups powerless, it is argued here that the exclusion of large opposing societal groups from consultations is neither a quick nor a sure fire recipe for dismantling opposition. On the contrary, it politicises the process and may lead to opposing groups mobilising in more contentious ways.
This article discusses the extent to which it is possible to label European integration as a new critical juncture of politics in Central Europe by using four Central European countries of Czech Republic, Hungary, Poland and Slovakia as the focus of our investigation. The article presents the historical critical junctures of Central European efforts to liberalise and democratise politics and to create liberal democratic political institutions: the Revolution of 1848, the emergence of independent states in 1918, the Sovietisation of Central Europe between 1945–48 and democratic transition after 1989. We argue that after 2004, when the Central European countries entered the European Union (EU), the claims related to the liberal democratic nature of the EU polity triggered nationalist and illiberal opposition. Therefore, the EU membership has provided a new critical juncture impacting the consolidation or destabilisation of liberal democratic patterns of government. The article further argues that path dependence on the previous critical junctures of Central European politics plays a role in the political development of these countries’ stance on European integration. The authors show that there has been a contradiction between nationalism and liberal concept of democracy since the mid-nineteenth century and that this contradiction manifests in critical junctures based on European integration too.
Services preferential trade agreements (PTAs) have grown rapidly since the turn of the millennium, going from exception to common occurrence. In recent years, they have increasingly linked a number of larger economies. The chapter reviews the main innovations brought by PTAs in the global governance of services trade, and highlights some limits. The contribution of services PTAs is analysed along three key angles, against the background of the multilateral trading system: 1) market access commitments; 2) rulemaking; and 3) architecture and liberalisation modalities. While WTO+ market access commitments have been an important feature of services PTAs early on, progress on rulemaking has been modest. In terms of architecture, services PTAs have produced major advances in relation to liberalisation modalities, with negative-list agreements outnumbering the General Agreement on Trade in Services (GATS)-type positive-list agreements. Recently, agreements between larger economies have been associated with several architectural innovations, moving away from the simple choice between the traditional positive and negative listing models. Overall, this has resulted in the extension of some of the key features of the negative-list approach to new countries and served to further emphasise, sometimes through innovative solutions, the importance of transparency of market access conditions across sectors and modes.
The fiscal burden of government interventions in the rural economy had created growth but led the economy to the brink of crisis. When India implemented full-blown economic reforms in 1991, many assumed these would sideline social policy. This chapter shows that liberalisation pushed social policy up the political agenda. Efforts to enable an ‘exit policy’ for ailing firms by loosening restrictions on retrenchment under chapter VB of the Industrial Disputes Act failed due to opposition from organised labour. The controversy created an opening to strengthen - or at least maintain - existing ‘social safety nets’ to support the project of economic transformation. The Government of India used a World Bank loan initially intended to support the ‘exit policy’ to maintain the rural social policies that had been introduced or expanded in the 1980s, as part of what Finance Minister Manmohan Singh described as macroeconomic adjustment with a ‘human face’. The chapter shows that political regionalisation and the intensification of multi-level electoral competition in the 1990s encouraged subnational social policy innovation and worked against the retrenchment of existing social policies.
This chapter looks at the process of restructuring of energy governance in CEE countries, focusing on common patterns and differences in terms of market opening, competition and patterns of ownership. Here it maps efforts towards the liberalisation of the energy sector and explains the enduring variation in political and economic institutions across countries. The challenge of liberalising energy markets while ensuring energy security is discussed in more detail, looking in particular at the implications for the complicated relationship with Russia. Finally, the chapter asks to what extent this restructuring, however incomplete, has permitted an opening of the structure of energy governance to new actors.
Focusing on capital controls, this study provides rigorous legal analysis to establish whether the mandate of the International Monetary Fund (IMF) extends to the capital account; that is, whether the IMF has the authority to control and/or regulate the use of capital controls by its member states. The book then analyses whether a country's use of capital controls is consistent with the obligations and commitments undertaken in various multilateral and bilateral trade and investment agreements. Finally, it analyses the tension within international economic law, as the IMF now encourages the use of capital controls under certain circumstances, while most trade/investment agreements prohibit or limit their use. Proposing a way forward to alleviate the tension and construct a more harmonious relationship between the norms and standards of finance, trade and investment, this study will be essential reading for policymakers.
This chapter is an introduction to the book. The chapter therefore starts with introducing the practical necessity for a leniency programme and the first use of a leniency programme in the United States. After this, the focus shifts to Asia. The chapter indicates that competition law in Asia is a relatively recent phenomenon, which, in turn, has had an impact on the implementation of the leniency programme in Asia. Since the Asian countries, more specifically China, Hong Kong, India, Japan, Korea, Malaysia, Singapore, Taiwan, Thailand and the Philippines, saw the success of the leniency programme in other jurisdictions, their embrace of the leniency programme was not only fast but also recent. This means that these leniency programmes have not yet been researched against the existing theoretical literature.
This chapter examines how economic liberalisation and globalisation in India are reframing Sikh nationalism. This is explored by an analysis of Sikh political elites’ record in promoting inclusive regionalism while managing dissent within the ‘Sikh political system’. Such governance has struggled to deliver either rapid economic development or a new social contract between Sikh values and India’s political system; and, paradoxically, while the dominant narrative of Sikh nationalism has become more accommodating of a future within Indian statehood, and of social and political diversity within itself, the rise of Hindu nationalism makes the Sikhs vulnerable to pressures of greater cultural and religious assimilation. We assess the likely consequences of the new phase of ‘hegemonic control’ post-militancy, the impact of social and cultural changes as result of economic liberalisation and globalisation, and how assertive Hindu nationalism poses a major challenge to a separate Sikh identity in contemporary India.
Chapter 8 focusses on the region’s recent history of sustained economic decline and political change and conflict. It explains the reasons for this crisis and the role of indebtedness, political corruption and the imposition of austerity and market-oriented policies in reducing living standards and necessitating the ‘reform’ of the mining industry and Copperbelt societies. The chapter explores the rising local opposition to both these policies and to political repression and the contrasting experiences of political change in the early 1990s, with Zambia transitioning to multi-party democracy while Congo was mired in profound social crisis and military conflict. It then explores the liberalisation of both economies and the privatisation of the mining industry, associated in the Copperbelt with the loss of formal-sector jobs, falling living standards and the loss of company social provision. The chapter uses interviews to explore local understandings of this period of decline and political change and how social scientists have explained this extended period of decline.
The sickness model of LGBT people was dominant within UK psychiatry and its impact was still apparent years later despite the removal of homosexuality from ICD-10 in 1992. Conversion and reparative therapies were important aspects of psychiatrists’ and other mental health practitioners’ approaches to LGBT people, despite the lack of a credible evidence base. More positive, gay-affirming therapeutic approaches have been developed and adopted by mental health practitioners, although many LGBT people report concerns about their experience of mental health care. Social changes (liberalisation in public attitudes and law) were brought about through complex social processes that owed nothing to UK psychiatry. The history of LGBT people in relation to psychiatry raises important questions about the legitimacy of psychiatric power and authority.
The Harvard political science professor Samuel P. Huntington (1927–2008) made visits to Brazil in 1972 and 1974 to advise the government about ‘decompression’ or regime liberalisation. The literature on Brazil's dictatorship references these visits as having had a major causal impact. This article argues that his influence on Brazilian regime change is greatly exaggerated. It also argues that Huntington, who became a leading theorist of democratisation, had an interest in and commitment to democracy that was more recent and circumstantial than is often thought. This helps to explain the current period of democratic ‘deconsolidation’ associated with the rise of authoritarian national populism in Brazil.
This article examines the development of buyer-supplier relations in the telecom sector. The literature on telecoms in Scandinavia has been dominated by the narrative praising the trusting and collaborative relations between Telia, the Swedish public telephone operator (PTO), and Ericsson, the equipment supplier. The Norwegian PTO, Telenor, diverted from this path and was a pioneer in preferring competitive tenders and arm’s length relations with its suppliers starting in the 1970s. The article argues that Telenor’s history and nationality had a significant impact on its business strategy. In addition, the article examines why some business narratives persist while others remain unknown. One finding is that shareholder-friendly narratives have a handicap because they focus on self-interest and money, and not societal values.
This article explores the process and impact of liberalisation on the legal profession in England and Wales. Liberalisation brings a tendency to consider the profession in market-focused terms, with the professional–client relationship reconfigured in overtly economic fashion as constituting the interaction of supply and demand. The article examines the past and present structure of the profession, arguments for liberalisation and manifestations of liberalisation efforts. Having identified the distinctive dynamics of supply and demand within legal services markets, the article considers the potential implications, both immediate and in broader societal terms, of reconceptualising the legal profession in this manner.
This article analyses how the state in Senegal has managed the hajj since the liberalisation era in the early 2000s. Although the essence of the hajj is religious, it is also deeply political and requires that the state manages complex relations with pilgrims, religious leaders, private travel agencies, politicians and Saudi authorities. This article argues that three inter-related imperatives structure the conduct of the Senegalese state: a security imperative, a legitimation imperative, and a clientelistic imperative. Security concerns lead the state to monitor and control pilgrims travelling to Mecca. Legitimation is seen in the collaborative relations with Sûfi orders and in the framing of the hajj organisation as a ‘public service’. Finally, given the magnitude of financial and symbolic resources attached to the hajj, clientelistic relations are constitutive of state officials’ actions. Overall, despite the post-2000 liberalisation of the hajj, the state has maintained its role as a gatekeeper, regulator and supervisor.
Following formal economic liberalisation in 1991, business, in particular big business, has gained increasing access to and influence over policy decision-making in India. Industry has been an outspoken critic of national labour laws and has lobbied extensively for greater labour market flexibility. While business has not been successful in influencing “official” labour reform at the national level, it was able to influence labour policy within the National Manufacturing Policy 2011, which curtailed labour protections and implemented “hire and fire” policies. Utilising qualitative data from 40 face-to-face interviews with policy stakeholders in New Delhi, India, this paper aims to explore how business was able to influence labour reform within this policy as well as underscore the wider social welfare implications that may follow. It will be argued that the ability of business to dictate labour reform, while strong, is somewhat variable as competing factors serve to constrain business influence. Furthermore, the extent to which labour laws are hindering manufacturing investment is widely debatable. Nevertheless, curtailment of labour protections, as afforded in this policy, will have a widespread and damaging impact on workers. While the policy promises to empower rural youth, provide gainful employment, and enable growth to become more sustainable and inclusive for its citizens, it is questionable whether these goals can be achieved alongside the curtailment of labour protections.
This chapter explores the revolution in licensing in Britain from the mid-1960s. In London, Blackpool and Glasgow, liberalisation of control of venues, leisure activities and notably music-related events, presaged the development of a youth culture accompanied by widespread access to contraception, recreational drugs (including cannabis and LSD) and sexual activity. Licensing boards tried to impose a crackdown – on coffee clubs, jukeboxes, miscegenation and illegal drinking establishments (in London, Sheffield and the Isle of Lewis). Little of this worked for long. Illegitimacy rates rose, the music revolution led in Blackpool and Sheffield to the advance of popular culture even faster in some regards than in London. Glasgow had a delay to liberalisation, but it moved rapidly from the mid-1970s to being in the cultural avant-garde. But in Lewis, a local government reorganisation led, uniquely, to home rule for Calvinism churches on the islands, triggering an attack on sexualisation and cinema for a number of decades. Provincial stories reveal different trajectories of change.
This article studies the political conflict surrounding the implementation of the European Union’s Services Directive in Greece between 2010 and 2018, the period in which the country was subject to external conditionality by external institutions. Focusing on the opening of jurisdictional boundaries for four professions (tourist guides, taxi owners, lawyers and engineers) that differ in terms of power and of organisational structure, we find that power differences, including control of the professions’ institutions of interest aggregation and representation, explain the liberalisation outcomes across the four professions. This article thus puts the spotlight on the role of domestic interest groups in the implementation of EU legislation and directs researchers’ attention to the broader issue of bias in interest intermediation, a classic, but lately understudied, issue in the study of politics.
This article will situate public debates about – and experiments in features of – basic income within European countries in the context of welfare state crisis and change. Treating access to basic income security as a policy problem, I argue basic income policy debate highlights the need for multi-level and multifactorial analysis of public governance capacity as a key factor in driving the relationship of basic income with welfare state transformation. Drawing on the cases within this themed section, I attempt to tease out what comparatively are long-run conditions for basic income within state and society, and what are the political and institutional trade-offs at the current juncture. Exploring contributing determinants of governance corrosion and adaptation of public economic security structures under globalisation contributes to deepen our understanding of contemporary patterns of institutional change.