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In the history of copyright law, legislation in Europe and the US have wound each other up more and more. Everytime when there was a copyright term extension on one side of the ocean, lobbyists on the other side started finger pointing, demanding the same rights to protect artists and the industry. A recent example for such regulatory inspiration has been the EU database  directive, which created a sui generis right for the creators of databases which do not qualify for copyright. Ever since this directive had been passed in Europe, lobbyists in the US have tried to introduce a similar provision into US copyright law (see Boyle 2008: 207 ff.). Such regulatory inspiration is neither new nor surprising nor restricted to the domain of copyright.

However, what has been leaked in the Wikileaks cables on the influence of the US on the new Spanish copyright law is way beyond mere inspiration for lobbyists. As reported by the Guardian, in this case the lobbyist has been the US government itself:

The US ambassador in Madrid threatened Spain with “retaliation actions” if the country did not pass tough new internet piracy laws, according to leaked documents. […] In his letter, Solomont  [i.e. the US ambassedor] issued veiled threats, reminding its recipients that Spain is on the Special 301, the US trade representatives’ list of countries that do not provide “adequate and effective” protection of intellectual property rights. Spain risks having its position on the list “degraded”, and could join the real blacklist of “the worst violators of global intellectual property rights.”

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This article first appeared in the Paris newspaper La Tribune on February 9, 2010, and is translated and adapted here with permission of the authors. Paul Lagneau-Ymonet is a member of the Research Group Institution Building Across Borders at the MPIfG.

To date, the organization of securities markets has not yet benefited from the feigned attempts of reform presented by authorities since the outbreak of the current crisis. However, speculative opportunities like the risks incurred also depend on the markets on which one operates. It is for this reason that the coming revision of the European Markets in Financial Instruments Directive (MiFID), which came into effect on November 1st, 2007, is such a considerable challenge.

This Directive reflected an incredible faith in the coordinating virtues of the market – the central idea being that competition between exchanges and other trading venues would reduce transaction costs, increase trading volume and, as a result, lower the cost of capital for issuers. The MiFID notably abolished the ‘concentration rule’, which, in a number of countries (i.a. France), imposed intermediaries to carry out most of their transactions on a single regulated market, so as to concentrate the liquidity and to establish, for each security, a “fair price” known to all. Eventually, the directive has made possible the emergence of various opaque trading venues that challenge more transparent regulated markets.

Reports from the Committee of European Securities Regulators (CESR) and from the French Association of Financial Markets (AMAFI) reveal the extent of the disillusionment. The lower fees that resulted from unleashed competition have only benefited to a few internationally operating banks, namely about ten institutions that are responsible for three-quarters of the financial transactions in Europe. But the end clients – private individuals, in particular – do not fare as well. Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
October 2020

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