Discovery and Evidence in Transnational Antitrust Cases: Current Framework and the Way Forward

This paper identifies and analyses the means of accessing and collecting foreign-based evidence in transnational antitrust cases. It makes an original contribution to the existing scholarship by critically addressing the available mechanisms of judicial cooperation, the possibility of reliance on domestic discovery in transnational context, as well as the existing instruments allowing for cooperation between antitrust agencies. It identifies the shortcomings of the current regulatory framework and points out to the existing good practices in those jurisdictions which provide their antitrust agencies with more leeway in sharing confidential information with foreign counterparts.

Transnational Fantômas: The Influence of Feuillade’s Series on International Cinema during the 1910s

The influence of Fantômas novels and films on global popular culture is widely acknowledged. From the 1915 Spanish musical "Cine-fantomas" to the 1960s Italian comic book series "Diabolik," "Kriminal" and "Satanik," from Turkish B-movies such as "Fantoma Istanbulda Bulusalim" (dir. Natuk Baytan, 1967) to Julio Cortazar’s anti-imperialist pamphlet "Fantômas contra los vampiros multinacionales" (1975), Pierre Souvestre and Marcel Allain’s original literary series have engendered uncountable translations, adaptations, imitations and plagiarisms that have spread the character’s fame worldwide since its first appearance in 1911.
By focusing on the influence of Louis Feuillade’s film adaptations during the first decade of Fantômas’ long history as a transnational and transmedia icon, this paper aims to contribute to the growing interdisciplinary field that deals with the history of the supranational cultural sphere created by modern media culture. As a sort of archaeology of contemporary cultural globalization, this form of study intends to enrich previous historical surveys that had only taken into consideration specific national contexts. Moreover, it might also rebalance certain “colonizing” accounts that overemphasize the role of the cultural superpowers such as France, the UK or the US, often forgetting the appropriation of the products of international popular culture to be found in other countries. Therefore, this paper examines the transnational circulation of Fantômas films and, in particular, the creative processes engendered outside of France their origin country. As a controversial character and a central player in the relationship between cinema and literature in the crucial years when the feature and serial film boosted and legitimized the film industry, Fantômas represents an exemplary case study to discuss the cross-cultural and cross-media dynamics engendered by popular fiction.

A.J. Raffles and Arsène Lupin in Literature, Theatre, and Film: On The Transnational Adaptations of Popular Fiction (1905-1930)

As a consequence of the accelerating technological development and the impact of cultural globalisation, the transnational aspects of the process of adaptation have become increasingly crucial in recent years. To go back to the very beginnings of the twentieth century and research the historical connections between popular literature, theatre, and film can shed greater light on the origins of these phenomena. By focusing on two case studies from turn-of-the-century crime fiction, this paper examines the extent to which practices of serialisation, translation, and adaptation of literary works contributed to the formation of a transnational market for popular culture. Ernest W. Hornung’s A. J. Raffles and Maurice Leblanc’s Arsène Lupin were the heroes of two crime series that were immediately translated, imitated, and adapted into countless theatrical plays and films all over the world. Given the resemblance between the two characters, the two franchises frequently ended by overlapping. Their ability to move from a medium to another as well as from a country to another was the result of the logic of ‘recycling, remaking, retelling’ (Brian Naremore) that guides not only the process of adaptation but also the creation of any work of popular culture.

Transnational connections in European crime film series (1908–1914)

This article addresses the issue of ‘European popular cinema’ by discussing a very specific phenomenon, i.e. the crime series produced in the years immediately preceding World War I (e.g. Victorin Jasset’s Nick Carter, Viggo Larsen’s Arsène Lupin contra Sherlock, Ubaldo Maria del Colle’s Raffles, il ladro misterioso, Louis Feuillade’s Fantômas, George Pearson’s Ultus). On the one hand, the transnational circulation of these films is seen as the result of the development of the European cultural industries since the late nineteenth century; on the other hand, the rapid decline of this genre testifies of the historical peculiarity of this production. In particular, the popular heroic figure of the ‘gentleman thief’ seems to express at the same time the liberating, anti-hierarchial ethos of modernization and the dream of a quiet conciliation of the new and the traditional values: as a consequence, it might be regarded as a telling example of the economical, social and ideological transformations of that crucial phase in European history, when the development of the second industrial revolution and the first phase of ‘globalization’ pointed at the birth of a supranational sphere before the outbreak of World War I, which would temporarily stop this process.

Clarifying the acquis humanitaire: a transnational legal perspective on the internalization of humanitarian norms

Although the international obligations and institutional frameworks for disaster response are not yet settled, as evidenced by the International Law Commission’s work on the protection of persons in the event of disasters and the on-going promotion of disaster laws by the Red Cross Movement; the diverse source and nature of such initiatives suggests that the international community is engaged in a process of norm creation, elaboration and interpretation reflecting a desire for legal clarity in humanitarian operations. Situated within the framework of transnational law, this paper argues that an acquis humanitaire, based on the principle of humanity, encapsulates the evolving body of law and practice specifically relating to the protection of persons in times of humanitarian crisis in both armed conflicts and natural or human-made disasters. Reflecting the non-traditional, non-statist, dynamic and normative basis of transnational legal process, as elaborated by Harold Koh, the constant flow of ideas and principles between the national, regional and international spheres provides an analytical framework for the on-going transnational dialogues on the social, political and legal internalization of humanitarian norms. Drawing on the internalization of humanitarian norms within the United Kingdom, this paper concludes that as the international community examines the codification of a universal legal framework for the protection of persons in the event of disasters it is necessary to understand the transnational process of interpretation and internalization of humanitarian norms, and how this may vary across different regions and countries.

Explaining the multiparty systems of Western Europe prior to the adoption of proportional representation

The literature has difficulty explaining why the number of parties in majoritarian electoral systems often exceeds the two-party predictions associated with Duverger’s Law. To understand why this is the case, I examine several party systems in Western Europe before the adoption of proportional representation. Drawing from the social cleavage approach, I argue that the emergence of multiparty systems was because of the development of the class cleavage, which provided a base of voters sizeable enough to support third parties. However, in countries where the class cleavage became the largest cleavage, the class divide displaced other cleavages and the number of parties began to converge on two. The results show that the effect of the class cleavage was nonlinear, producing the greatest party system fragmentation in countries where class cleavages were present – but not dominant – and smaller in countries where class cleavages were either dominant or non-existent.

Web adoption by Irish credit unions: Performance implications

The purpose of this paper is to examine website adoption and its resultant effects on credit union performance in Ireland over the period 2002 to 2010. While there has been a steady increase in web adoption over the period a sizeable proportion (53%) of credit unions did not have a web-based facility in 2010. To gauge web functionality the researchers accessed all websites in 2010/2011 and it transpired that most sites were classified as informational with limited transactional options. Panel data techniques are then used to capture the dynamic nature of website diffusion and to investigate the effect of website adoption on cost and performance. The empirical analysis reveals that credit unions that have web-based functionality have a reduced spread between the loan and pay-out rate with this primarily caused by reduced loan rates. This reduced spread, although small, is found to both persist and increase over time.