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65 results

Page 1 of 4

  • Figures

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp ix-x
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  • Contributors

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp xiii-xiv
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  • Tables

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp xi-xii
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  • Contents

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp v-viii
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  • Part I - Global Governance and Politics

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 19-82
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  • Abbreviations

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp xv-xviii
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  • Part V - Resilience in Technical Standardization

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 259-356
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  • Acknowledgements

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp xix-xx
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  • Index

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 357-362
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  • 1 - The Resilience of Private Authority in Times of Crisis

  • from Part I - Global Governance and Politics
  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 21-46
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  • Summary

    From European integration to domestic politics to the development of the global economy, technocracy and private ordering have shaped economic behaviour. Such transformative private-driven forces of economic activity flourished through the promulgation of voluntary standards. In view of the ever-increasing powers that are transferred to private actors and their relative power as a de facto pillar of global regulatory making, it is surprising that their dominance remains largely unaffected by regulatory shocks that they partly cause. Rather, in practice, crises (broadly defined as disruptive disturbances) appear to empower such forces or generate new ones, whereas existing checks and balances fail their initial purpose. In emphasising the role of the innate traits, fabric of interactions and dynamics in times of crises within private rule-making bodies, the present article analyses the foundations for a new, evidence-based theory to explain the resilience of private collective action and establishes a research agenda.

  • Introduction

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp 1-18
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  • Summary

    Transnational private regulation (TPR) is gradually expanding beyond regulatory areas traditionally associated with private rules such as technical standardization, finance in domains such as trade in derivatives and payment systems, or the field of sports. Private rules are increasingly encroaching upon areas traditionally considered as the preserve of State regulation such as sustainability, food safety, and human rights. The relative importance of private regulation varies across domains. In some instances, such as in the domain of sustainability, or food safety, private regulators fiercely compete for acceptance and uptake by the market and the State. In fields such as finance, on the other hand, private regulation is at times the preserve of a strong “monopolist” wielding considerable power and influence.

  • Copyright page

  • Edited by Panagiotis Delimatsis, Tilburg University, The Netherlands, Stephanie Bijlmakers, Tilburg University, The Netherlands, M. Konrad Borowicz, Tilburg University, The Netherlands
  • Book:
    The Evolution of Transnational Rule-Makers through Crises
    Published online:
    27 July 2023
    Print publication:
    10 August 2023, pp iv-iv
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The Evolution of Transnational Rule-Makers through Crises
  • Edited by Panagiotis Delimatsis, Stephanie Bijlmakers, M. Konrad Borowicz
  • Published online:
    27 July 2023
    Print publication:
    10 August 2023
  • In recent years transnational private regulators have emerged and multiplied. In this book, experts from various academic disciplines offer empirically grounded case studies and theoretical insights into the evolution and resilience of these bodies through crises. Transnational private regulators display considerable flexibility if compared to public institutions both in exercising their rule-making functions and adapting and transforming in light of endogenous or exogenous crises events calling for change. The contributors identify such events and reflect on their impact on transnational private rule-makers. This edited volume covers important areas of global production and finance that are associated with private rule-making and delves into procedural, substantive and practical elements of private rule-making processes. At a policy level, the book provides comparisons among practices of private bodies in various areas, allowing for important lessons to be drawn for all public and private stakeholders active in, or affected by, private and public rule-making. This title is Open Access.

  • 1 - International Trade Law and Technical Standardization

  • from PART I - Standardization and the State
  • Edited by Jorge L. Contreras, University of Utah
  • Book:
    The Cambridge Handbook of Technical Standardization Law
    Published online:
    04 September 2019
    Print publication:
    26 September 2019, pp 7-27

  • Summary

    Increased international standardization by the private sector results from an ever-increasing demand of consumers for better and safer products, technological advances, the expansion of global trade and the ever-increasing focus on social and sustainability issues. International standards affect our everyday life in multiple ways. Standards bring about and solidify technological evolution, innovation and diffusion of knowledge. In that respect, they have an important impact on consumer wellbeing. They play a decisive role as to whether the business and market environment will be conducive to increased innovation and trade. They form an important condition for doing business and affect access to markets, determining the profitability, growth and ultimately the survival of entrepreneurs and economic operators alike. Hence, standards have a crucial trade facilitation function.

  • Subsidies and Investment Promotion Reaching New Heights in the Aviation Sector: The US–Tax Incentives Dispute

  • KRISTY BUZARD, PANAGIOTIS DELIMATSIS
  • Journal:
    World Trade Review / Volume 18 / Issue 2 / April 2019
    Published online by Cambridge University Press:
    21 March 2019, pp. 327-351
    Print publication:
    April 2019
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  • This paper analyzes the most recent WTO Appellate Body (AB) report in a series of disputes between the US and the EU over government support to aircraft manufacturers Boeing and Airbus. The measures under dispute in US–Tax Incentives were investment promotion subsidies provided to Boeing by the State of Washington. The EU contended that the Washington State subsidies, which were conditioned on Boeing locating production of specific parts of its new 777X program within the state, were prohibited import substitution subsidies. The AB took this case as an opportunity to consolidate WTO case-law on import substitution subsidies. It confirmed a single legal standard for export promotion and import substitution subsidies but with a stricter requirement for a finding of a violation in the case of import substitution subsidies. We argue that the AB, in allowing the subsidies to Boeing, unnecessarily blurred the distinction between contingency in law and contingency in fact by ruling that identifying a condition requiring the use of domestic inputs would be a necessary element for a determination of a de facto contingency. This appears to be an unduly formalistic view that leaves little legal space for any de facto contingency claim in the future.

  • National Tax Regulation, Voluntary International Standards, and the GATS: Argentina–Financial Services

  • PANAGIOTIS DELIMATSIS, BERNARD HOEKMAN
  • Journal:
    World Trade Review / Volume 17 / Issue 2 / April 2018
    Published online by Cambridge University Press:
    23 April 2018, pp. 265-290
    Print publication:
    April 2018
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  • Can a WTO Member discriminate against foreign suppliers of services located in jurisdictions that refuse to share information with a government to permit it to determine if its nationals engage in tax evasion? Does it matter if the Member uses standards developed by an international body as the criterion for deciding whether to impose measures? In Argentina–Financial Services, the WTO Appellate Body held that services from jurisdictions that share financial tax information may be different from services provided by jurisdictions that do not cooperate in supplying such information. It overruled a Panel finding that measures to increase taxes on financial transactions with non-cooperative jurisdictions were discriminatory. We argue that the AB reached the right conclusion on the basis of the wrong arguments; that it missed an important opportunity to clarify what WTO Members are permitted to do to enforce their domestic regulatory regimes; and increased the scope for confusion and future litigation by considering that the likeness of services and service suppliers may be a function of prevailing domestic regulatory regimes.

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