EU and U.S. Non-Reciprocal Preferences: Maintaining the Acquis

In the light of the disparity of bargaining leverage in FTA negotiations between the EU or the U.S. and developing countries, this article presents a legal mechanism to maintain the status quo, that is, the acquis of current trade arrangements. On the basis of the test established in the EC-Tariff Preferences case, it is argued that the Enabling Clause allows for differentiation between developing countries on the basis of their levels of intra-regional trade. A scheme is then constructed which allows the EU and the U.S. to differentiate in favor of current beneficiaries of non-reciprocal trade preference schemes in this way. This allows the EU and the U.S. to maintain the acquis without making radical changes to their trade and development policy. Where the status quo is an option, developing countries involved in FTA negotiations would have a feasible best alternative to a negotiated agreement (BATNA) to replace the current alternative of a significant reduction of market access to the EU or the U.S. While the maintenance of the status quo is up to the industrialized country in question, given that the trade preferences are unilateral in nature, the scheme constructed debunks the myth that there is a legal requirement to replace the current arrangements by reciprocal trade agreements in the absence of a waiver.

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Developing countries and market access: the bitter-sweet taste of the European Union's sugar policy in southern Africa

The Journal of Modern African Studies ◽

10.1017/s0022278x04000400 ◽

2004 ◽

Vol 42 (4) ◽

pp. 563-588 ◽

Cited By ~ 3

Author(s):

Richard Gibb

Keyword(s):

Developing Countries ◽

Southern Africa ◽

Agricultural Policy ◽

Market Access ◽

Sweet Taste ◽

Status Quo ◽

Multilateral Institutions ◽

World Markets ◽

The Status ◽

European Agriculture

The European Union's Common Agricultural Policy (CAP) has long been criticised for its price-distorting impact on world markets. Pressure to reform the CAP emanated previously from domestic European concerns over the costs, efficacy and efficiency of the policy and, internationally, from countries whose competitive advantage was undermined. More recently developing countries, NGOs, multilateral institutions and development agencies have orchestrated a campaign to liberalise European agriculture, in the expectation that developing countries will benefit from a shift in production away from high-cost European producers. But it would be naïve to think of liberalisation as bringing universal benefits to the developing world. Inevitably, under any system of regulation, market or intervention, there will be a complex pattern of winners and losers. This paper examines the impacts of Europe's sugar policy on southern Africa and finds, somewhat surprisingly, that the region stands to benefit more from a preservation of the status quo than from liberalisation.

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In or Out?

10.1093/oso/9780198793380.003.0003 ◽

2018 ◽

Author(s):

Catherine E. De Vries

Keyword(s):

Public Opinion ◽

Status Quo ◽

Data Sources ◽

Fine Grained ◽

Alternative State ◽

Empirical Measurement ◽

The Status ◽

People’S Attitudes ◽

Over Time ◽

The Eu

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.

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Regulating Proxy Advisors Through Transparency: Pros and Cons of the EU Approach

European Company and Financial Law Review ◽

10.1515/ecfr-2017-0001 ◽

2017 ◽

Vol 14 (1) ◽

pp. 1-36 ◽

Cited By ~ 1

Author(s):

Gaia Balp

Keyword(s):

Status Quo ◽

Legislative Process ◽

European Regulation ◽

The Us ◽

The Status ◽

Pros And Cons ◽

Proxy Advisors ◽

Legal Constraints ◽

The Eu

This article outlines potential pros and cons of a future European regulation of proxy advisory firms, as set forth in the Commission’s Proposal for a Directive amending Directive 2007/36/EC. After summarizing criticisms concerning the proxy advisory industry, and findings regarding its de facto influence on investors’ voting conduct both in the US and in the European context, the article adverts to why the power of proxy advisors appears to be overestimated. Uncertainty on the status quo of the industry’s actual impact on key decisions in listed companies, as well as costs associated with a regulation, need to be considered for assessing the suitability of the rules drafted to ensure adequate levels of independence and quality of voting recommendations. While transparency rules may be preferred to stricter legal constraints or requirements in a first stage, possible shortcomings of the Draft Directive exist that may undermine its effectiveness. Analyzing the amendments to the Proposal adopted by the European Parliament, and the Council’s Presidency compromise text, may suggest a preferable approach as regards single rules still making their way through the European legislative process.

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Mindset and Social Entrepreneurship: Japanese Self-initiated Expatriate Entrepreneurs in Cambodia

Journal of Entrepreneurship and Innovation in Emerging Economies ◽

10.1177/2393957517752728 ◽

2018 ◽

Vol 4 (1) ◽

pp. 68-88 ◽

Cited By ~ 1

Author(s):

Kazuko Yokoyama ◽

Sarah Louisa Birchley

Keyword(s):

Higher Education ◽

Developing Countries ◽

Social Entrepreneurship ◽

Status Quo ◽

Social Entrepreneurs ◽

Extended Study ◽

The Status ◽

Definition Of ◽

Context Characteristics ◽

Initial Research

This research is based on an extended study of Japanese self-initiated expatriate entrepreneurs (SIEEs) in Asia. Since 2015 the authors have explored various factors that influence SIEEs when setting up enterprises overseas, including the ability to take initiative; support and encouragement from family, a well-defined career anchor and exposure to overseas in the exploration stage of one’s career. An emerging trend is the desire to engage in social development activities, which has seen increasing numbers of Japanese leave well-paid companies at home to work in NGOs in developing countries. An extension of this can be seen in Japanese who choose to become self-initiated expatriate social entrepreneurs. This article focuses specifically on cases collected in Cambodia and attempts to explain how and why Japanese decide to become self-initiated expatriate social entrepreneurs in Cambodia using the concept of mindsets; entrepreneurial, social, sustainable and global. Initial research shows that some of these individuals exemplify the definition of sustainable entrepreneurship as they are creative and question the status quo in order to seek new opportunities for societal improvement ( Bornstein, 2007 ) and have multiple mindsets behind their actions. This research paper shares the context, characteristics, and outcomes of Japanese self-initiated expatriate social entrepreneurs in Cambodia and concludes by suggesting how knowledge of these SIEEs can be used in higher education contexts in Japan to improve entrepreneurship education.

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Differentiated Disintegration: Brexit

Ever Looser Union? ◽

10.1093/oso/9780198854333.003.0009 ◽

2020 ◽

pp. 137-155

Author(s):

Frank Schimmelfennig ◽

Thomas Winzen

Keyword(s):

Bargaining Power ◽

Status Quo ◽

Common Interest ◽

Economic Interdependence ◽

British Government ◽

Eu Membership ◽

The Status ◽

Cherry Picking ◽

The Eu

This chapter examines negotiations on differentiated disintegration in the case of Brexit. It includes the efforts of the British government to renegotiate its EU membership prior to the referendum in June 2016 and the subsequent negotiations of the Withdrawal Agreement. The chapter shows that the same factors that explain demand for differentiated integration can also explain demand for differentiated disintegration. However, the supply conditions differ fundamentally. In disintegration negotiations, the EU enjoys the superior institutional bargaining power of the status quo-oriented actor, the superior material bargaining power produced by starkly asymmetrical economic interdependence, and the coherence and unity bestowed by supranational procedures and a common interest in preventing and deterring cherry-picking behaviour.

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Power Transition Theory Revisited: When Rising China Meets Dissatisfied United States

China Quarterly of International Strategic Studies ◽

10.1142/s2377740019500192 ◽

2019 ◽

Vol 05 (03) ◽

pp. 317-341

Author(s):

Serafettin Yilmaz ◽

Wang Xiangyu

Keyword(s):

United States ◽

The United States ◽

Status Quo ◽

Transition Theory ◽

Power Transition ◽

Economic Implications ◽

Power Transition Theory ◽

The Status ◽

Rising Power ◽

The U.S

Dissatisfaction is a major concept in power transition theory, which postulates that a rapidly rising power tends to be dissatisfied with the international system and would thus attempt to reform or replace it, whereas the hegemonic power would, by default, be satisfied with and work to maintain the status quo. This paper, however, offers an alternative outlook on the reigning-rising power dynamics by examining the conditions for and implications of hegemonic dissatisfaction and rising power satisfaction. It argues that although China, as a potential systemic challenger harboring grievances against the existing global regimes, has been a recurrent subject for studies, it is the United States, the established hegemon, that appears increasingly dissatisfied with the status quo. The U.S. dissatisfaction is informed by a set of internal and external factors often justified with a reference to China as a challenger, and is manifested in a number of anti-system strategies, including unconventional diplomatic rhetoric, as well as withdrawal from various international institutions or attempts to undermine them. The U.S. discontent, as contrasted with China’s satisfaction as a rising power, has a number of potential geopolitical and economic implications at the bilateral, regional, and global levels, endangering the viability and sustainability of the universally accepted political and economic regimes.

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Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU

Uniform Law Review ◽

10.1093/ulr/unz037 ◽

2019 ◽

Vol 24 (4) ◽

pp. 711-723

Author(s):

Michael F Müller

Keyword(s):

Status Quo ◽

Eu Law ◽

The European Union ◽

Conflict Of Laws ◽

The Status ◽

Uniform Solution ◽

Uniform Law ◽

The Hague ◽

Securities Trading ◽

The Eu

Abstract The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of whether the discussion around the Convention can serve as a lesson for the European Union (EU). It is submitted that neither the status quo of EU law is satisfactory nor does the adoption of the Convention offer a fully convincing solution but that the problem should be targeted at its root: the outdated concept of some national substantive laws in intermediated securities.

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The transnational policy process for REDD+ and domestic policy entrepreneurship in developing countries

Environment and Planning C Politics and Space ◽

10.1177/2399654417719287 ◽

2017 ◽

Vol 35 (8) ◽

pp. 1418-1436 ◽

Cited By ~ 4

Author(s):

Sébastien Jodoin

Keyword(s):

Developing Countries ◽

Policy Process ◽

Policy Reform ◽

Analytical Framework ◽

Status Quo ◽

Domestic Policy ◽

Governance Arrangement ◽

Policy Entrepreneurship ◽

The Status ◽

Domestic Level

This article aims to understand the complex relationship between transnational pathways of policy influence and strategies of domestic policy entrepreneurship in the pursuit of REDD+ in developing countries. Since 2007, a complex governance arrangement exerting influence through the provision of international rules, norms, markets, knowledge, and material assistance has supported the diffusion of REDD+ policies around the world. These transnational pathways of influence have played an important role in the launch of REDD+ policy-making processes at the domestic level. Indeed, over 60 developing countries in Asia, Africa, and Latin America have initiated multi-year programmes of policy reform, research, and capacity-building that aim to lay the groundwork for the implementation of REDD+. However, there is emerging evidence that the nature of policy change associated with these REDD+ policy efforts ultimately depends on the mediating influence of domestic factors. This article offers an analytical framework that focuses on whether and how domestic policy actors can seize the opportunities provided by transnational policy pathways for REDD+ to challenge or reinforce the status quo in the governance of forests and related sectors.

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