Addressing climate vulnerability : promoting the participatory rights of indigenous peoples and women through Finnish foreign policy

Julkaistu versi

Towards a Differentiated Analysis of Competition of Competition Laws

Can "competition of competition laws" be a feasible concept that should play an important role in an international order for the worldwide protection of competition? We introduce four different types of regulatory competition that allow for a more differentiated analysis of beneficial and deficient effects of competition of competition laws. Our analysis shows that most types of regulatory competition have a rather limited scope for application to competition laws. However, yardstick competition can be very promising and represents a powerful argument against centralisation. An important result of our analysis is that the institutional framework of any competition of competition laws plays a crucial role for its workability.

Challenges and Prospects for the EU’s Area of Freedom, Security and Justice: Recommendations to the European Commission for the Stockholm Programme. CEPS Working Document No. 313, 16 April 2009

The upcoming Swedish presidency of the EU will be in charge of adopting the next multi-annual programme on an Area of Freedom, Security and Justice (AFSJ), during its tenure in the second half of 2009. As the successor of the 2004 Hague Programme, it has already been informally baptised as the Stockholm Programme and will present the EU’s policy roadmap and legislative timetable over these policies for the next five years. It is therefore a critical time to reflect on the achievements and shortcomings affecting the role that the European Commission’s Directorate-General of Justice, Freedom and Security (DG JFS) has played during the last five years in light of the degree of policy convergence achieved so far. This Working Document aims at putting forward a set of policy recommendations for the DG JFS to take into consideration as it develops and consolidates its future policy strategies, while duly ensuring the legitimacy and credibility of the EU’s AFSJ within and outside Europe

The Trade-Climate Nexus: Assessing the European Union’s Institutionalist Approach. College of Europe EU Diplomacy Paper 04/2019

The European Union (EU) is considered a global leader both in trade and climate policies. Nonetheless, trade liberalisation has been widely criticised for its negative effects on the environment and for directly contributing to the rising levels of annual greenhouse gas emissions. This paper addresses the trade-climate nexus by assessing to what extent the EU is effectively integrating its environmental objectives within its trade policies. First, the legal spaces for the EU’s action in this policy nexus are identified. Second, the analysis looks into how effectively the EU is achieving its own set of objectives for trade and climate. The assessment draws on an innovative analytical matrix examining four Trade-Climate Agenda items: (i) international competitiveness, (ii) climate-friendly goods and services, (iii) international aviation and maritime shipping, and (iv) product labelling and standards. The paper then evaluates to what extent the externalisation mechanisms of Manners’ ‘Normative Power Europe’ and Damro’s ‘Market Power Europe’ are deployed in order to achieve the above objectives. The findings show that the EU’s performance in the effective management of the nexus is overall moderate to weak

The Market for Preclusion in Merger Litigation

The recent finding that corporate litigation involving Delaware companies very often takes place outside of Delaware has disturbed the long-settled understanding of how merger litigation works. With many, even most, cases being filed and ultimately resolved outside of Delaware, commentators warn that the trend is a threat to shareholders, to Delaware, and to the integrity of corporate law generally. Although the out-of-Delaware trend suggests that litigants are seeking to use the procedural rules of other jurisdictions to their advantage, we argue that the result need not threaten the interests of any of the stakeholders in deal litigation. We reframe the process of resolving merger litigation as a market for preclusion, in which plaintiffs seek to sell and defendants seek to buy an important element of transactional certainty. Moreover, this market has the potential to efficiently process and price shareholder complaints while also providing benefits to Delaware and to corporate law more generally. We are not blind to reality, however, and also address how a well-functioning market for preclusion can be distorted by the opportunistic conduct of plaintiffs’ and defense attorneys alike. Greater judicial oversight is necessary to preserve the benefits of this market while preventing the distortions brought on through opportunistic conduct. In order to make this a reality, however, judges in different courts must have a means of communicating and coordinating across state lines. We therefore offer a theory of horizontal comity in which judges build trust and cooperation through communication across jurisdictional boundaries. We use this theory to suggest a set of concrete policy proposals designed to provide for a more efficient market for preclusion

Advanced Placement U.S. History and the Application of Social Justice

Recent changes to Advanced Placement U.S. History have sparked a national debate concerning goals and purposes of college level history courses. Critics suggest that the revisions result in a national curriculum that promotes a revisionist history perspective. Defenders claim that revisions are an important step in preparing students for 21st century citizenship. This document analysis identifies key differences between the 2010 and 2014 AP U.S. History frameworks and considers changes made in 2015 by College Board in response to the national debate. The challenges of applying a social justice lens to curriculum are discussed, and suggestions are made concerning the application of procedural social justice to stimulate voluntary cooperative behavior on the part of members of groups, thereby enhancing true social justice for all members of society. A procedural justice lens is suggested to enhance commitment and cooperation among individuals, groups, and societies

The private sector against human trafficking in tourism

Tourism, travel and hospitality report high prevalence of human trafficking, predominantly for sexual exploitation (Caroline et al., 2015; Robinson, 2013). With human trafficking recognised as a form of international organised crime and a serious human rights violation, states are bound to address it comprehensively. In parallel, the private sector in tourism, travel and hospitality has demonstrated engagement in the fight against human trafficking through a wide range of initiatives and ethical commitments that have been adopted locally, regionally and internationally. The current debate on the need for a business and human rights legally binding instrument serves as a backdrop for this concept paper to argue that the existing regulatory anti-trafficking framework is adequate to effectively address human trafficking in tourism