Country of Origin Regulation in Cross-Border Media: One Step Beyond the Freedom to Provide Services?

2005 ◽  
Vol 54 (1) ◽  
pp. 89-126 ◽  
Author(s):  
Julia Hörnle
Keyword(s):  
Member State ◽  
Information Society ◽  
Service Providers ◽  
Home Country ◽  
Country Of Origin ◽  
Online Services ◽  
National Regulation ◽  
Cross Border ◽  
One Step ◽  
Origin Rule

The E-commerce Directive1has introduced a country of origin rule2for the provision of online services (‘information society services’). This means in principle that service providers are only subject to the rules of their country of origin or home country, ie the country where they are established. The country to which they are providing the services to, the country of destination, must refrain from applying its regulations. For regulators this means that they must not applytheir national regulations to services provided from another Member State3(‘incoming services’).Likewise they must extend national regulation to services provided to residents in another MemberState (‘outgoing services’).

Article 15—Protection of Press Publications Concerning Online Uses

2021 ◽  
pp. 250-294
Author(s):  
Eleonora Rosati
Keyword(s):  
Member State ◽  
Information Society ◽  
Service Providers ◽  
Single Market ◽  
Access To Information ◽  
Online Services ◽  
Wide Availability ◽  
Media Monitoring ◽  
Copyright Directive

This chapter explores the protection of press publications concerning online uses, which is outlines in Article 15 of Directive 2019/790, the European copyright directive in the Digital Single Market. It talks about publishers of press publications established in a Member State with that have the rights for the online use of their press publications by information society service providers. It also clarifies that authors of works incorporated in a press publication may receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service providers. The chapter describes a free and pluralist press that is essential to ensure quality journalism and citizens' access to information. It examines the wide availability of press publications online that has given rise to the emergence of new online services, such as news aggregators or media monitoring services.

scholarly journals INTERNET CASES IN EU PRIVATE INTERNATIONAL LAW—DEVELOPING A COHERENT APPROACH

2017 ◽  
Vol 66 (3) ◽  
pp. 687-721 ◽  
Author(s):  
Tobias Lutzi
Keyword(s):  
International Law ◽  
Information Society ◽  
Service Providers ◽  
Country Of Origin ◽  
Private International Law ◽  
Internet Communication ◽  
Legislative Change ◽  
Alternative Approach ◽  
Rome I ◽  
The Eu

AbstractInternet communication has long been known to pose a challenge to private international law and its reliance on geographical connecting factors. This article looks at the problem from the perspective of EU private international law and argues that the way in which it has been accommodated by Regulations Brussels I, Rome I, and II conflicts with some of its central paradigms. It advances an alternative approach that would generally submit claims against information society service providers established in the EU to the jurisdiction and substantive laws of their ‘country of origin’ but make certain exceptions for private persons and consumers. The article argues that implementing such an approach would require little legislative change, be more faithful to the particularities of internet communication, and give greater effect to the central paradigms of EU private international law.

scholarly journals Investigating the relationships between uncertainty types and risk management strategies in cross-border e-commerce logistics

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maria Giuffrida ◽  
Hai Jiang ◽  
Riccardo Mangiaracina
Keyword(s):  
Risk Management ◽  
Structural Equation ◽  
Management Practices ◽  
Service Providers ◽  
Home Country ◽  
Management Strategies ◽  
Risk Identification ◽  
Content Type ◽  
Cross Border ◽  
Risk Management Strategies

PurposeDue to its fast growth, cross-border e-commerce (CBEC) is becoming a popular internationalization model, especially in those destination markets with impressive e-commerce development like China. However, CBEC also brings new logistics challenges and uncertainty. This paper aims to understand how companies cope with logistics uncertainty in this field and whether the different types of uncertainty influence the risk management strategies adopted to face them.Design/methodology/approachA survey targeting online exporters to China and third-party forwarding logistics service providers (3PFLs) is conducted. A structural equation model (SEM) analysis is performed to test the possible relationship between the adopted risk management strategies and the types of uncertainty. The type, industry and size of the company, as well as the distance between the company's home country and China, are used as control variables in the study. Survey results are enriched via interviews with some of the respondents.FindingsThe risk management strategies adopted are dependent on the type of logistics uncertainty that the companies face and, to a minor extent, on the industry the company operates in. Conversely, no significant influence is exerted by other types of control factors, i.e. home country, company size or company type.Originality/valueThe paper investigates logistics uncertainty and risk management approaches in the novel context of CBEC. A systematic review of relevant sources of uncertainty is offered to help both scholars and practitioners understand the current complexities of CBEC. From a theoretical perspective, the paper models the investigated concepts in light of the contingency approach. From a practical perspective, results can be of interest since the list of proposed items can support risk identification and evaluation while the interviews with managers can provide insights on risk management practices.

Emerging Transnational Practices and Capabilities of Syrian Refugees in Turkey

2020 ◽  
Vol 17 (1) ◽  
pp. 125-138
Author(s):  
Zeynep Sahin Mencütek
Keyword(s):  
Legal Status ◽  
Country Of Origin ◽  
Economic Security ◽  
Economic Capital ◽  
Diaspora Studies ◽  
Cross Border ◽  
Global North ◽  
Displaced People ◽  
The Stability ◽  
Transnational Activities

Transnational activities of refugees in the Global North have been long studied, while those of the Global South, which host the majority of displaced people, have not yet received adequate scholarly attention. Drawing from refugee studies, transnationalism and diaspora studies, the article focuses on the emerging transnational practices and capabilities of displaced Syrians in Turkey. Relying on qualitative data drawn from interviews in Şanlıurfa – a border province in south-eastern Turkey that hosts half a million Syrians - the paper demonstrates the variations in the types and intensity of Syrians’ transnational activities and capabilities. It describes the low level of individual engagement of Syrians in terms of communicating with relatives and paying short visits to the hometowns as well as the intentional disassociation of young refugees from homeland politics. At the level of Syrian grassroots organisations, there have been mixed engagement initiatives emerging out of sustained cross-border processes. Syrians with higher economic capital and secured legal status have formed some economic, political, and cultural institutional channels, focusing more on empowerment and solidarity in the receiving country than on plans for advancement in the country of origin. Institutional attempts are not mature enough and can be classified as transnational capabilities, rather than actual activities that allow for applying pressure on the host and home governments. This situation can be attributed to the lack of political and economic security in the receiving country as well as no prospects for the stability in the country of origin. The study also concerns questions about the conceptual debates on the issue of refugee diaspora. Whilst there are clear signs of diaspora formation of the Syrian refugee communities, perhaps it is still premature to term Syrians in Turkey as refugee diaspora.

Cross-border Distribution of Collective Investment Products in the EU

2018 ◽  
Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos
Keyword(s):  
Home Country ◽  
Legal Framework ◽  
Business Rules ◽  
Investment Funds ◽  
Legal Rules ◽  
Section 8 ◽  
Cross Border ◽  
Product Regulation ◽  
Supervisory Practices ◽  
The Eu

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).

Too Old to Forget: The Dynamics of Political Trust among Immigrants

2021 ◽  
pp. 003232172098089
Author(s):  
Chiara Superti ◽  
Noam Gidron
Keyword(s):  
Host Country ◽  
Home Country ◽  
Country Of Origin ◽  
Political Trust ◽  
Specific Time ◽  
Institutional Interaction ◽  
Trust In Institutions ◽  
Age At Migration ◽  
Past Experiences ◽  
Point Of Reference

Scholars have argued that immigrants’ trust in institutions is the result of the exposure to host-country institutions but also shaped by past experiences in the country of origin. These experiences create a “home-country point of reference,” a political/institutional memory that becomes the relevant comparison for any political/institutional interaction in the host country. We develop further this concept and unpack its key determinants—the age at migration and the historical conditions of the home country at the specific time of migration. Only those immigrants who were too old to forget the historical and contextual features of the country-of-origin institutions at the time of migration will rely on this comparison when interacting with institutions in the host country. Across time, there is both a continuous positive/negative accumulation of trust for the host-country institutions among those with less/more democratic points of reference. We examine immigrants’ political trust using survey evidence from Israel.

When service providers fail: outsourcing help and consumer attitudes

2018 ◽  
Vol 39 (5) ◽  
pp. 22-30
Author(s):  
Aaron Gazley ◽  
Hamish Simmonds
Keyword(s):  
Design Methodology ◽  
Service Providers ◽  
Home Country ◽  
Service Failure ◽  
Service Recovery ◽  
Content Type ◽  
Consumer Ethnocentrism ◽  
The Impact ◽  
Practical Implications ◽  
Delivery Channel

Purpose The purpose of this paper is to investigate the effect of outsourcing and offshoring on brand loyalty in a service recovery context. In addition, the effect that consumer ethnocentrism has on these relationships is examined. Design/methodology/approach An experiment was designed using a series of service recovery scenarios that manipulated whether the recovery effort was conducted by an in-house/outsourced or local/offshored party. Findings The study shows that while outsourcing service recovery within the home country has no effect on loyalty, outsourcing to an offshore location does. In addition, the effect of offshoring of loyalty is greater for consumers who hold ethnocentric tendencies. Practical implications This research suggests the need to consider the delivery channel of service recovery to recover a service failure and retain customer loyalty. The results show that outsourcing within a local country may be effective, but the risks associated with offshoring are much greater. Originality/value Despite previous attempts to understand outsourcing and offshoring in a range of service scenarios, their role in service recovery is not well understood. Similarly, the impact that ethnocentrism might have on this process is overlooked. This paper therefore responds to calls within business theory, practice and consults for further study in this under-researched area.

The Reverse Logistics of Cross-Border e-Tailing in Europe

2018 ◽  
Vol 8 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Sharon L. Cullinane ◽  
Kevin P. B. Cullinane
Keyword(s):  
Reverse Logistics ◽  
Research Agenda ◽  
Service Providers ◽  
Study Data ◽  
Future Research ◽  
Primary Case ◽  
Environmental Implications ◽  
Cross Border ◽  
Future Research Agenda ◽  
Reverse Chain

The purpose of this article is to develop a research agenda to analyze the potential environmental implications of the reverse logistics involved in the B2C element of cross-border clothing e-tailing. Based on a combination of literature review and primary case study data from five major clothing retailers and two logistics service providers in Sweden, a categorization of cross-border reverse chain possibilities is developed. Seven reverse chain types are identified and it is shown that all of the five retailers use multiple reverse chain types. The results are subsequently used to highlight research gaps and define a future research agenda which will enable a more complete environmental analysis of the impacts of online clothes shopping incorporating both the outward and reverse elements.

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