Author: Abraham L. Newman
Publisher: Cornell University Press
Release Date: 2018-07-05
From credit-card purchases to electronic fingerprints, the amount of personal data available to government and business is growing exponentially. All industrial societies face the problem of how to regulate this vast world of information, but their governments have chosen distinctly different solutions. In Protectors of Privacy, Abraham L. Newman details how and why, in contrast to the United States, the nations of the European Union adopted comprehensive data privacy for both the public and the private sectors, enforceable by independent regulatory agencies known as data privacy authorities. Despite U.S. prominence in data technology, Newman shows, the strict privacy rules of the European Union have been adopted far more broadly across the globe than the self-regulatory approach championed by the United States. This rift has led to a series of trade and security disputes between the United States and the European Union. Based on many interviews with politicians, civil servants, and representatives from business and NGOs, and supplemented with archival sources, statistical analysis, and examples, Protectors of Privacy delineates the two principal types of privacy regimes-comprehensive and limited. The book presents a theory of regulatory development that highlights the role of transgovernmental networks not only in implementing rules but also in actively shaping the political process surrounding policymaking. More broadly, Newman explains how Europe's institutional revolution has created in certain sectors the regulatory capacity that allows it to challenge U.S. dominance in international economic governance.
Author: David Levi-Faur
Publisher: Edward Elgar Publishing
Release Date: 2011-01-01
'Political science has leap-frogged law, economics, and sociology to become the dominant discipline contributing to regulatory studies. David Levi-Faur's volume taps the rich veins of regulatory scholarship that have made this the case. It brings together the talented new network of politics scholars intrigued by the importance of the changing nature of state and non-state regulation. Their fresh insights complement important new work by established stars of the field. Definitely a book to have on your shelf when in search of exciting theoretical approaches to politics.' – John Braithwaite, Australian National University '"Regulation", in its manifold forms, is the central process of contemporary governance, as it seeks to blend the dynamism of market economies with responsiveness to political and normative demands for health, safety, environmental protection, and fairness. Understanding regulation's varieties, vulnerabilities, and virtues has become a significant focus of academic research and theory. This volume provides an extraordinary survey of research in that field – a survey remarkable in its comprehensiveness, outstanding in the quality of the contributions by leading regulatory scholars from different nations and academic disciplines.' – Robert A. Kagan, University of California, Berkeley, US 'An authoritative collection by a range of contributors with outstanding reputations in the field.' – Michael Moran, WJM Mackenzie Professor of Government 'This is an extraordinarily useful one-stop-shop for a wide range of traditions and approaches to the political aspects of regulation. David Levi-Faur has assembled a fine collection that by reporting on the state of the art also shows the way ahead for a discipline that has to capture and explain dramatic changes in real-world regulatory philosophies and policies.' – Claudio Radaelli, University of Exeter, UK 'This is an unusually impressive edited volume. Its contributors include the leading academic experts on government regulation from around the world. Its several clearly-written and informative essays address the most important topics, issues, and debates that have engaged students of regulatory politics. I strongly recommend this volume to anyone interested in understanding the breadth and depth of contemporary scholarship on the political dimensions of regulation.' – David Vogel, University of California, Berkeley, US This unique Handbook offers the most up-to-date and comprehensive, state-of-the-art reviews of the politics of regulation. It presents and discusses the core theories and concepts of regulation in response to the rise of the regulatory state and regulatory capitalism, and in the context of the 'golden age of regulation'. Its ten sections include forty-nine chapters covering issues as diverse and varied as: theories of regulation; historical perspectives on regulation; regulation of old and new media; risk regulation, enforcement and compliance; better regulation; civil regulation; European regulatory governance; and global regulation. As a whole, it provides an essential point of reference for all those working on the political, social, and economic aspects of regulation. This comprehensive resource will be of immense value to scholars and policymakers in numerous fields and disciplines including political science, public policy and administration, international relations, regulation, international law, business and politics, European studies, regional studies, and development studies.
Author: Maria Tzanou
Publisher: Bloomsbury Publishing
Release Date: 2017-06-01
Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.
Author: Orla Lynskey
Publisher: Oxford University Press
Release Date: 2015
Genre: Data protection
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.
Author: David Levi-Faur
Publisher: OUP Oxford
Release Date: 2012-03-29
Genre: Political Science
The Oxford Handbook of Governance presents an authoritative and accessible state-of-the-art analysis of the social science literature on governance. The volume presents the core concepts and knowledge that have evolved in the study of governance in different levels and arenas of politics and policymaking. In doing so it establishes itself as the essential point of reference for all those studying politics, society, and economics from a governance perspective. The volume comprises fifty-two chapters from leaders in the field. The chapters are organized in nine sections dealing with topics that include governance as the reform of the state, democratic governance, European governance, and global governance.
Author: Philipp E. Fischer
Publisher: GRIN Verlag
Release Date: 2012-02-08
Intermediate Examination Paper from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: befriedigend, Queen Mary University of London (Centre for Commercial Law Studies (CCLS)), course: International Studies in Intellectual Property Law (LL.M.) - End of first term dissertation, language: English, abstract: Rapidly developing technologies are providing new and very powerful means to sort, combine and analyse data. This data exists in a networked environment, thus personal information can be collected and processed on any computer on the Net and is, at least in theory, accessible by every computer on the Net. The development of the Internet has made it possible to transfer this data "around the globe at the click of a mouse". Fresh business models such as "cloud computing", the newest "driver to illustrate the speed and breadth of the environment", allow this data to be processed across national borders on a routine basis. Individuals and companies are "increasingly immersed in social networking, search technologies, online commerce and many other activities in which information about an individual is sent worldwide from one point to another". These activities became more and more borderless, because the Internet, as an open window to the world, blurs the lines between public and private space, firstly since globalisation and the outsourcing of economic actors entrain an ever growing exchange of personal data, additionally because of the security pressure in the name of the legitimate fight against terrorism opens the access to a significant number of data to an increasing number of public authorities and finally this is due the tools of the digital society accompany everyone at each stage of life by leaving permanently individual and borderless traces in both space and time. Therefore, calls of both the public and private sectors for an international legal framework for privacy and data protection have become louder. Privacy Commissioners appealed to the United Nations "to prepare a binding legal instrument which clearly sets out in detail the rights to data protection and privacy as enforceable human right". This appeal was repeated in 2008 at the 30th International Conference held in Strasbourg , and at the 31th conference 2009 in Madrid through the draft of a global legal instrument on Data Protection with a view to submitting it to the United Nations. But also companies such as Google and Facebook have come under continuous pressure from governments and citizens to reform data use of data. Could these calls possibly be best achieved by an international framework for Data Protection, rather than a collection of national or regional approaches?
Author: Martha Finnemore
Publisher: Oxford University Press
Release Date: 2013-04-11
Genre: Political Science
No scholar better exemplifies the intellectual challenges foisted on the Neorealist school of international relations than prominent scholar Stephen Krasner (Graham H. Stuart Professor of International Studies, the Senior Associate Dean for the Social Sciences, School of Humanities & Sciences, and Director of Policy Planning at the US State Department 2005-2007). Throughout his career he has wrestled with realism's promises and limitations. Krasner has always been a prominent defender of realism and the importance of power understood in material terms, whether military or economic. Yet realist frameworks rarely provided a complete explanation for outcomes, in Krasner's analyses, and much of his work involved understanding power's role in situations not well explained by realism. If states seek power, why do we see cooperation? If hegemony promotes cooperation why does cooperation continue in the face of America's decline? Do states actually pursue their national interests or do domestic structures and values derail the rational pursuit of material objectives? Krasner's explanations were as diverse as were the problems. They pushed, to use his phrase, "the limits of realism." Edited by Martha Finnemore and Judith Goldstein, Back to Basics asks scholars to reflect on the role power plays in contemporary politics and how a power politics approach is influential today. The arguments made by the authors in this volume speak to one of three themes that run through Krasner's work: state power and hegemony; the relationship between states and markets; conceptions of the nation state in international politics. These themes appeared regularly in Krasner's scholarship as he wrestled, over his career, with fundamental questions of inter-state politics. Contributors largely agree on the centrality of power but diverge substantially on the ways power is manifest and should be measured and understood. Many of the contributors confronted the same intellectual dilemmas as Krasner in struggling to define power and its relationship to interests, yet their responses are different. Together, these essays explore new ways of thinking about power's role in contemporary politics and demonstrate the concepts continued relevance for both policy and theory.
Do the traditional tools of governance make sense in the decidedly nontraditional political entity that is the European Union? Or are the realities of the unique EU system generating new, and sometimes eclectic approaches to policymaking? Responding to these questions, Innovative Governance in the European Union explores the emergence and development of governance approaches in a wide range of policy areas.The book¿s strong conceptual framework coupled with extensive empirical studies allows systematic comparison across EU policy areas. It also sheds light on the politics of policymaking in the context of the incentives and constraints set by the EU¿s institutional structure. Taken as a whole, it provides a comprehensive and authoritative overview of the forms of governance now emerging in the European Union.
Author: Abraham L. Newman
Publisher: Oxford University Press
Release Date: 2018-03-08
Genre: Political Science
From home mortgages to i-phones, basic elements of our daily lives depend on international economic markets. The astonishing complexity of these exchanges may seem ungoverned. Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, economic governance increasingly relies on a different class of international market regulation - soft law - comprised of voluntary standards, best practices, and recommended guidance created by a motley assortment of international organizations. Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law's potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms - legitimacy claims and arena expansion - the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance. Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms towards international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, this volume answers enduring and pressing questions about global finance, International Relations, and power. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
Author: C. Fred Bergsten
Publisher: Peterson Institute
Release Date: 2009
Genre: Political Science
China has emerged as an economic powerhouse with an increasing role on the world stage. China's Rise will help the United States comprehend the facts and dynamics underpinning China's rise--an understanding that becomes more imortant with each passing day. Filled with facts for policymakers, this much-anticipated book's accessible style will also appeal to the general reader through its relevant discussion of China's foreign policy, military modernization, economic growth, and energy and the environment.
Author: Kenneth A. Bamberger
Publisher: MIT Press
Release Date: 2015-10-23
Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation -- to put more laws "on the books." But there was scant evidence of how well tighter regulation actually worked "on the ground" in changing corporate (or government) behavior -- until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation -- Germany and the United States -- had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries -- like France and Spain -- trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Author: John Kleinig
Publisher: ANU E Press
Release Date: 2011-12-01
Genre: Political Science
This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.