theoretically achieved back in the 1960s, meant the abolition of all barriers. In practice, the latter had remained a pious aspiration so long as a whole host of technical, fiscal and other barriers existed. Early in 1985 the Commission produced a white paper on establishing a single market. This, together with the report by the Dooge Committee, established at Fontainebleau to examine institutional issues, formed the major agenda when the European Council met in Milan in late June 1985 and took the crucial decisions which were to lead to the negotiation and signature of SEA. The Milan European Council was an early demonstration of the new Franco-German axis. Analysis of these events should properly focus on three critical features. First, the European Council confirmed its assumption of direct responsibility for all major decisions. In 1984 this involved enlargement and the budget. In 1985 it embraced ‘completion’ of the Community itself in the shape of the single market. Second, the actual decision to hold an inter-governmental conference (IGC), which would give a treaty base to foreign policy co-operation and revise some of the institutional arrangements, was taken by a majority despite opposition from Britain, Denmark and Greece. Italian Prime Minister Craxi as President of the European Council played a key role in this. Third, despite objections to developing European structures and institutions, Britain attached sufficient importance to the single market to accept a majority decision on the IGC. The lead up to the IGC had been long and tortuous, but the actual negotiation of the SEA was relatively simple. The IGC met in September, and by January an agreed text had emerged. The treaty itself is analysed in the next chapter. Its main features were agreement to implement the single market by the end of 1992, the establishment of a legal basis for Political Co-operation and a number of institutional reforms. Whilst not formally repudiating the Luxembourg compromise with its apparent extension of the national veto, member states seemed to have reached some understanding that in future the spirit of the original treaties would apply. The point is underlined by the fact that virtually all the provisions relating to the single market would be implemented by majority vote. In the immediate aftermath of the ratification of the SEA, some observers drew attention to the gap between aspirations expressed by Parliament in its Draft Treaty and the actual achievement. Although true, such comments are wide of the mark. In the negotiating process Parliament was little more than a bystander with the right to be heard. The member states were anxious to achieve a relaunching of the move towards unification after a period of apparent

2006 ◽  
pp. 84-84
2021 ◽  
pp. 400-407
Author(s):  
Eleonora Rosati

This chapter discusses Article 22 of Directive 2019/790, a European copyright directive in the Digital Single Market, which focuses on the right of revocation. It clarifies the right of the author or performer to revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter. It also looks at specific provisions for the revocation mechanism in the national law that takes into account specificities of the different sectors and the different types of works and performances. The chapter cites the task of Member States to exclude works or other subject matter from the application of the revocation mechanism if such works or other subject matter usually contain contributions of a plurality of authors or performers. It explores the options of authors or performers to terminate the exclusivity of their contract instead of revoking the licence or transfer of the rights.


1989 ◽  
Vol 129 ◽  
pp. 43-51 ◽  
Author(s):  
AD van de Gevel ◽  
David G. Mayes

In the four years that have elapsed since the publication of the European Commission's White Paper on ‘Completing the Internal Market’ in June 1985 understanding of the issues involved in removing the various physical, fiscal and technical barriers to having a ‘single market’ in Europe has developed considerably. The public debate has gone through a series of phases, starting with scepticism, strikingly translated into enthusiasm and almost euphoria during 1988, to be replaced with serious concerns about many specific areas as general principles have come to be replaced by detailed proposals by the European Commission. The member states signed the Single European Act in 1986 for a variety of motives and it is often only when explicit proposals are tabled that the conflicting objectives and detailed implications become obvious.


2021 ◽  
Author(s):  
Martin Husovec ◽  
João Pedro Quintais

Abstract Article 17 of the Copyright in the Digital Single Market Directive is a major internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of Article 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article. To answer them, we start by examining the nature and structure of the right prescribed in Article 17. The exact qualification brings important legal consequences. Among others, it determines the conditions imposed by EU and international law on national implementations. After reviewing different interpretation options, we conclude that Article 17 introduces either a ‘special’ or a ‘new’ sui generis right, both of which allow significant margin of discretion for Member States, especially as regards licensing mechanisms and exceptions.


2003 ◽  
Vol 37 (2) ◽  
pp. 201-227 ◽  
Author(s):  
JAMES A. HIJIYA

The American conservatives of the 1960s have arrived at last. Not in Washington, not in positions of power – they did that during the “Reagan Revolution” of the 1980s and the Republican Congresses of the 1990s. No, it is in history itself, the record of events, that the right is finally appearing. Now that the elephant has occupied the parlor, scholars are inquiring whence it came.


Author(s):  
Leandro Benmergui

As the number of favelas and poor residents of Rio de Janeiro grew quickly by the mid-20th century, they became the object of policymaking, social science research, real estate speculation, and grassroots mobilization. After a decade in which local authorities recognized the de facto presence of favelas but without legally ascertaining the right of permanence, the 1960s and early 1970s witnessed the era of mass eradication. Seemingly contradictory—but complementary—policies also included the development of massive low-income housing complexes and innovative community development and favela urbanization experiences empowered by community organizations with the assistance of experts committed to improving the lives of poor Cariocas (residents of Rio). Favelas in Rio were at the crossroads of a particular interplay of forces: the urgent need to modernize Rio’s obsolete and inadequate urban infrastructure; the new administrative status of the city after the inauguration of Brasilia; and the redefinition of the balance of power between local, municipal, and federal forces in a time of radical politics and authoritarian and technocratic military regimes, Cold War diplomacy, and the transnational flows of expertise and capital.


2018 ◽  
Vol 1 (1) ◽  
pp. 48-68
Author(s):  
Muzaffer Kaya

This article seeks to explain how in the beginning of the 1960s in Turkey the right to strike was adopted as a social right. The existing literature is divided regarding the factors that led to the shift in governmental policy. While some argue that the state granted this right without any struggle on the side of the workers, others propose that the main determinant in the process was the struggle of workers. By scrutinizing the interaction between political developments at the state and party levels, and the actions of the workers in that period, I argue that the recognition of the right to strike was the combined result of several interrelated political developments at the local and global level.


Author(s):  
Marta Zuzanna Osuchowska

In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.


2015 ◽  
Vol 20 (1) ◽  
pp. 123 ◽  
Author(s):  
Michael Adams

There has been extensive research conducted on the importance of corporate governance around the world. The research seems to demonstrate that, regardless of whether corporations are based in common law or civil code systems, their longevity and sustainability arise from good corporate governance. However, the evidence does not clearly demonstrate a correlation between a particular organisation’s governance structure and practices and its share price. Around the world the question of board diversity is gaining in importance. The beginning of the debate in the 1960s centred on gender. While it is essential to conduct a debate on gender diversity, other aspects of diversity should also be considered. Race, culture and even age may have a direct impact on the performance of a board. Australian companies, particularly those listed on the ASX, have a poor record of instituting any type of diversity. The USA and European Union have a much wider range of policies to promote diversity on corporate boards. The key question is how best to regulate to promote diversity across gender, race, culture and age. The historical approach of regulating diversity by setting targets and requiring disclosure does not seem to have delivered substantial change. Is it the right time to impose mandatory requirements, or are there other alternative strategies? Without doubt change is required, but there will be opposition.


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