Business Commons^™

The Political Consequences Of Party System Change, Riccardo Pelizzo, Zim Nwokora

riccardo pelizzo

This article engages one of the important gaps in the literature on party system effects: the consequences of party system change. We discuss how existing empirical approaches to party system change do not actually capture the changeability of patterns of party competition, which is the most direct understanding of the term “party system.” We propose a measure that does exactly this: the index of fluidity. Applying this measure to countries in South East Asia, we show that party system change is associated with harmful effects, including lower foreign direct investment and deterioration of the rule of law

App Newsletter 2, Riccardo Pelizzo

riccardo pelizzo

This is the second issue of the newsletter of African Politics and Policy. In this issue our collaborators discuss the uneasy relationship between democracy and development, Tourism in Tanzania, elections in Togo, and Chinese Investments in Africa.

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Wage Regulation In The Private Sector In Europe, Maarten Keune, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Annexe: Les Jours De Grèves En 2010 Et 2011, Kurt Vandaele

Kurt Vandaele

Le Groupe d’analyse des conflits sociaux (GRACOS) est un collectif interdisciplinaire ayant pour objectif l’étude des principaux mouvements de grève et autres éléments de la conflictualité sociale qui jalonnent l’actualité de chaque année civile. Il se compose actuellement de dix chercheurs : A. Bingen, M. Capron, V. Demertzis, F. Dorssemont, A. Dufresne, J. Faniel, C. Gobin, E. Martinez, K. Vandaele et J. Vandewattyne. Dans le second de ses deux volumes sur l’année 2012, le GRACOS se penche tout d’abord sur divers événements représentatifs de l’évolution de la conflictualité sociale dans le secteur public. Trois domaines sont abordés : les transports …

Union Responses To Young Workers Since The Great Recession In Ireland, The Netherlands And Sweden: Are Youth Structures Re-Orienting The Union Agenda?, Kurt Vandaele

Kurt Vandaele

This article analyses how youth structures at the confederal level of trade unions are influencing the union agenda in the face of the growing problem of youth unemployment in Europe. Five youth structures from union confederations in Ireland, the Netherlands and Sweden have been studied. Although youth structures were already able to influence the union agenda in certain confederations before the crisis, the evidence demonstrates that youth issues have gained prominence today. A particular pattern discernible across countries is coalition-building between youth structures and student organizations for guiding the transition of the next generation of young workers from school to …

Workers’ Rights, Worker Mobilisation And Workers’ Voice, Stefan Clauwaert, Aline Hoffmann, Romuald Jagodzinski, Isabelle Schömann, Michael Stollt, Kurt Vandaele

Kurt Vandaele

In his address to the European Parliament on 14 September 2011, ILO Director-General Juan Somovia declared that ‘respect for fundamental principles and rights at work is non-negotiable: not even in times of crisis when questions of fairness abound. This is particularly important in countries having to adopt austerity measures. We cannot use the crisis as an excuse to disregard internationally agreed labour standards.’ This warning is cleary not being heeded. As will be elaborated in the first section of this chapter, the labour reforms proposed or initiated by the EU and the Troika have indeed had detrimental effects on workers’ …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Reit White Paper, Frederic Juillet

Frederic Juillet

Subject: Resulting from the recent financial crisis, this white paper discusses how to better defend shareholders’ investments in Real Estate Investment Trusts (REITs) for the long-term and how to reduce volatility in the REITs market.

Youth Representatives’ Opinions On Recruiting And Representing Young Workers: A Twofold Unsatisfied Demand?, Kurt Vandaele

Kurt Vandaele

Unionization levels are far lower among young workers than for the workforce in general. How can trade unions become more responsive to their particular interests and needs? Union confederations, even in countries with decentralized union structures, have the potential to take effective initiatives to facilitate and support new organizing strategies targeted at young workers, for example by spreading knowledge, practical skills and vision of relevance for improving the representation and recruitment of young workers. Yet the survey findings reported here show that youth representatives across Europe find their confederations’ responsiveness and commitment to organizing to be inadequate. Their dissatisfaction confirms …

Do Unions And Worker Representation Bodies Make For More Or Less Inequality?, Aline Conchon, Stefan Clauwaert, Romek Jagodzinski, Isabelle Schömann, Michael Stoltt, Kurt Vandaele, Sigurt Vitols

Kurt Vandaele

No abstract provided.

Mapping Unions In The ‘New Member States’ In Gardawski, J., Mrozowicki, A., Czarzasty, J., Country Report: Trade Unions In Poland. Report 123. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Employment Relations In Belgium And The Netherlands, Hester Houwing, Maarten Keune, Philippe Pochet, Kurt Vandaele

Kurt Vandaele

No abstract provided.

De Belgische Stakingsdata: Beperkingen En Mogelijkheden Voor De Studie Naar Het Stakingsverschijnsel, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Sustaining Or Abandoning ‘Social Peace’? Strike Development And Trends In Europe Since The 1990s, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Politiques Envers Les Migrants Hautement Qualifiés: Analyse Comparée Du Canada, Etats-Unis Et Union Européenne, Hristina Petrova

Hristina Petrova

My Master’s thesis is among the few, if not the only work which examines in comparative perspective the public policies of Canada, USA and EU (EU level) in the field of highly skilled migration. I find that this type of migration is understudied, not supported by any of the migration-related organizations, most probably due to its business nature. The triple case study explores the Canadian federal points-based system and the Provincial Programs; the US Green Cards and the H-1B visas; and the EU directive concerning the Blue Cards. My original contribution to the field goes as far as I dwell …

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

'Mapping Unions In The 'New Member States'' In Myant, M., Trade Unions In The Czech Republic. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

Following The ‘Organising Model’ Of British Unions? Organising Non-Standard Workers In Germany And The Netherlands, Kurt Vandaele, Janine Leschke

Kurt Vandaele

Over the last three decades trade unions in almost all European countries have been losing members. In particular non-standard workers (part-time employed, temporary employed and own-account self-employed) are currently less likely than those on standard contracts to be organised in unions. The paper, which is based on a literature review, has a twofold purpose. A first objective is to provide a survey of the initiatives developed by trade unions in Germany, the Netherlands and the UK for organising non-standard workers. A second objective is to assess whether, and to what extent, the Dutch and German unions are influenced by British …

Policies Towards High-Skilled Immigrants In The Eu, U.S.A. And Canada. Comparative Perspective, Hristina Petrova

Hristina Petrova

No abstract provided.

'Mapping Unions In The 'New Member States'' In Baldachinno, G., Trade Unions In Malta. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

The Ghent-System, Temporary Unemployment And The Belgian Trade Unions Since The Economic Downturn, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Book Reviews. Economic Adjustment And Political Transformation In Small States By Erik Jones, Kurt Vandaele

Kurt Vandaele

No abstract provided.

An Ethical Map Of Indonesian Mps, Riccardo Pelizzo, Bernice Ang

riccardo pelizzo

Building on the work by Mancuso (1993, 1995), the paper presents the results of an elite survey conducted among members of the DPR and DPD in 2006. The data analysis reveals the distribution of ethical preferences among MPs and the existence of four different types of MPs

Legislative Ethics And Codes Of Conduct, Riccardo Pelizzo, Rick Stapenhurst

riccardo pelizzo

This chapter discusses the difference between codes of ethics and codes of conduct, their role, their function and their distribution. The chapter also pays some attention to what makes codes of conduct most effective.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …