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In the copyright industries of the 21st century, metadata is the grease required to make the engine of copyright run smoothly and powerfully for the benefit of creators, copyright industries and users alike. However, metadata is difficult to acquire and even more difficult to keep up to date as the rights in content are mostly multi-layered, fragmented, international and volatile. This article explores the idea of a neutral metadata search and enhancement tool that could constitute a buffer to safeguard the interests of the various proprietary database owners and avoid the shortcomings of centralised databases.
In this article, we examine the effects of political change on name changes of units within central government ministries. We expect that changes regarding the policy position of a government will cause changes in the names of ministerial units. To this end we formulate hypotheses combining the politics of structural choice and theories of portfolio allocation to examine the effects of political changes at the cabinet level on the names of intra-ministerial units. We constructed a dataset containing more than 17,000 observations on name changes of ministerial units between 1980 and 2013 from the central governments of Germany, the Netherlands, and France. We regress a series of generalized estimating equations (GEE) with population averaging models for binary outcomes. Finding variations across the three political-bureaucratic systems, we overall report positive effects of governmental change and ideological positions on name changes within ministries.
There has been considerable movement in German licensing law for some years now. Based on the fate of the license in the case of the granting of sub-licenses and in the case of insolvency of one of the contracting parties involved, a number of court decisions have been handed down which mainly deal with the legal nature of licenses and their mode of operation.
Moreover, there is now an internationally significant development in licensing law, namely the increasing independence of patents used in standards, which have increasingly become the subject of economic considerations – and not only of the companies or inventors filing them. zur Fussnote 1 These so-called standard essential patents (SEPs) are the subject of numerous legal disputes and legislative activities and constitute a scientific discourse around the globe.
In 2015, the European Court of Justice (ECJ) created the first leading case for the EU with regard to SEPs in its highly regarded Huawei/ZTE ruling. zur Fussnote 2 Although an abundance of decisions of the courts of first instances are now available, many questions still remain unanswered since the fundamental decision of the ECJ. There is controversy both over the dogmatic classification of the FRAND declaration and the legal consequences of the declaration’s binding effect. It is particularly unclear what happens to the FRAND declaration when the SEP is transferred to a third party and whether, how and to what extent the acquirer is bound by this declaration of the transferor. In a decision that can certainly be described as bold, a Higher Regional Court has now ruled on some of these issues for the first time, thus providing further food for discussion.
Recent debates in international relations increasingly focus on bureaucratic apparatuses of international organizations and highlight their role, influence, and autonomy in global public policy. In this contribution we follow the recent call made by Moloney and Rosenbloom in this journal to make use of “public administrative theory and empirically based knowledge in analyzing the behavior of international and regional organizations” and offer a systematic analysis of the inner structures of these administrative bodies. Changes in these structures can reflect both the (re-)assignment of responsibilities, competencies, and expertise, but also the (re)allocation of resources, staff, and corresponding signalling of priorities. Based on organizational charts, we study structural changes within 46 international bureaucracies in the UN system. Tracing formal changes to all internal units over two decades, this contribution provides the first longitudinal assessment of structural change at the international level. We demonstrate that the inner structures of international bureaucracies in the UN system became more fragmented over time but also experienced considerable volatility with periods of structural growth and retrenchment. The analysis also suggests that IO's political features yield stronger explanatory power for explaining these structural changes than bureaucratic determinants. We conclude that the politics of structural change in international bureaucracies is a missing piece in the current debate on international public administrations that complements existing research perspectives by reiterating the importance of the political context of international bureaucracies as actors in global governance.
Thus far, research into reservations to treaties has often overlooked reservations formulated to both European Social Charters (and its Protocols) and the relevant European Committee of Social Rights practices. There are several pressing reasons to further explore this gap in existing literature. First, an analysis of practices within the European Social Charters (and Protocols) will provide a fuller picture of the reservations and responses of treaty bodies. Second, in the context of previous landmark events it is worth noting the practices of another human rights treaty monitoring body that is often omitted from analyses. Third, the very fact that the formulation of reservations to treaties gives parties such far-reaching flexibility to shape their contractual obligations (à la carte) is surprising. An important outcome of the research is the finding that, despite the far-reaching flexibility present in the treaties analysed, both the States Parties and the European Committee of Social Rights generally treat them as conventional treaties to which the general rules on reservations apply. Consequently, there is no basis for assuming that the mere fact of adopting the à la carte system in a treaty with no reservation clause implies a formal prohibition of reservations or otherwise discourages their formulation.
This cross-country comparison of administrative responses to the COVID-19 pandemic in France, Germany and Sweden is aimed at exploring how institutional contexts and administrative cultures have shaped strategies of problem-solving and governance modes during the pandemic, and to what extent the crisis has been used for opportunity management. The article shows that in France, the central government reacted determinedly and hierarchically, with tough containment measures. By contrast, the response in Germany was characterized by an initial bottom-up approach that gave way to remarkable federal unity in the further course of the crisis, followed again by a return to regional variance and local discretion. In Sweden, there was a continuation of ‘normal governance’ and a strategy of relying on voluntary compliance largely based on recommendations and less – as in Germany and France – on a strategy of imposing legally binding regulations. The comparative analysis also reveals that relevant stakeholders in all three countries have used the crisis as an opportunity for changes in the institutional settings and administrative procedures.
Theses
(2016)