Rulemaking in Super-RTAs: Implications for China and India. Bruegel Working Paper 2014/03, March 2014

The faltering Doha round has led to a renewed focus on large regional trade agreements. There are two super-RTAs in the making in the Asia-Pacific and one in the Atlantic, all with rather ambitious negotiation targets, and presented as alternate means to reset global trade rules and take the multilateral trade liberalisation agenda forward. So what does this development mean for large emerging markets such as China and India that are on the fringes of these regional trade negotiations? Can these agreements become alternate means of pressuring these Asian economies to follow new trade rules set by industrialised countries, especially given the progressive erosion of the policy dominance of industrialised countries and the strong dissenting voice of developing countries in the Doha Round? This paper examines how super-RTAs may emerge as game changers in the multilateral trading system as promulgated by the WTO, and the implications for China and India. The paper analyses the new economic governance system that is likely to emerge given the renewed interest in regionalism, and argues that while the super-RTAs will not be entirely benign in their impact on China and India, rather than forcing these economies to accept the higher new regulatory standards enshrined in the super-RTAs, a distinct possibility in the medium-term is the emergence and entrenchment of a dual regulatory regime in these economies.

Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

Brexit – lessons from four referenda on the European Union (EU) in Denmark. EU Centre, Policy Brief No. 8, June 2015

From 1972 to 1993 Denmark staged four referenda on the EU. Two of them in particular hold valuable lessons for Britain seeking new terms - in June 1992 on the Treaty on European Union (Maastricht Treaty), the Danes voted “NO” with a slim majority; this was followed by another vote on the treaty in May 1993 on the Edinburgh Agreement with a “YES” vote. Joergen Oerstroem Moeller was directly involved in all four referenda and served 1989-1997 as State-Secretary in the Royal Danish Foreign Ministry. The result of a referendum may and often will be decided by policy decisions shaping the electorates’ perception long before the voting takes place. The majority votes according to instinct and intuition and is often guided by emotions. The Danish case highlights the importance of defining clearly specific exceptions, working hard to explain the case (at home and abroad), establishing good-will, and conveying that exceptions are in principle temporary and do not require treaty changes. The objectives laid out at the start of the process must be achievable. The member state in question should not manoeuvre itself into humiliating back-pedalling at the final negotiation round: if so it arouses suspicion among the electorate that it is being manipulated and deceived. During the campaign media attention will primarily focus on dissent and scepticism presenting the establishment with the tedious task of confuting accusations of all kinds. The YES camp will be pushed into the defensive by the NO camp setting the agenda. Time and effort and political capital needed to be invested for the positive outcome.

Prospects in International Investment Law and Policy: World Trade Forum

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

Diplomatic history of the Panama Canal. Correspondence relating to the negotiation and application of certain treaties on the subject of the construction of an interoceanic canal, and accompanying papers.

Includes a report of the secretary of state, with papers relative to the construction of the Panama Canal.

Lessons of Waco : proposed changes in federal law enforcement /

"October 8, 1993."

Evaluation of the handling of the Branch Davidian stand-off in Waco, Texas by the United States Department of Justice and the Federal Bureau of Investigation /

"October 8, 1993."

Hostage negotiation : a matter of life and death.

"October 1983."

Soviet strategy and tactics in economic and commercial negotiations with the United States /

"ER 79-10276."

The duplicate letters, the fisheries and the Mississippi. Documents relating to transactions at the negotiation of Ghent.

Mode of access: Internet.

The correspondence between Great Britain and France on the subject of the late negotiation : presented by His Majesty's command to both houses of Parliament, 13th [i.e. 18th] May, 1803 : to which are added, His Majesty's declaration, and copies of the preliminary and definitive treaties of peace.

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Belief revision for adaptive negotiation agents

Existing negotiation agents are primitive in terms of what they can learn and how responsive they are towards the changing negotiation contexts. These weaknesses can be alleviated if an expressive representation language is used to represent negotiation contexts and a sound inference mechanism is applied to reason about the preferential changes arising in these negotiation contexts. This paper illustrates a novel adaptive negotiation agent model, which is underpinned by the well-known AGM belief revision logic. Our preliminary experiments show that the performance of the belief-based adaptive negotiation agents is promising.

The dynamics of power and resistance in police interview discourse

This is a study of police interviewing using an integrated approach, drawing on CA, CDA and pragmatics. The study focuses on the balance of power and control, finding that in particular the institutional status of the participants, the discursive roles assigned to them by the context, and their relative knowledge, are significant factors affecting the dynamics of the discourse. Four discursive features are identified as particularly significant, and a detailed analysis of the complex interplay of these features shows that power and control are constantly under negotiation, and are always open to challenge and resistance. Further it is shown that discursive dominance is not necessarily advantageous to participants, due to the specific goals and purposes of the police interview context. A wider consideration of the context illustrates the contribution that linguistics can make to the use of police interview data as evidence in the UK criminal justice system.

Negotiating face in feedback conferences:a linguistic ethnographic analysis

This article examines the negotiation of face in post observation feedback conferences on an initial teacher training programme. The conferences were held in groups with one trainer and up to four trainees and followed a set of generic norms. These norms include the right to offer advice and to criticise, speech acts which are often considered to be face threatening in more normal contexts. However, as the data analysis shows, participants also interact in ways that challenge the generic norms, some of which might be considered more conventionally face attacking. The article argues that face should be analysed at the level of interaction (Haugh and Bargiela-Chiappini, 2010) and that situated and contextual detail is relevant to its analysis. It suggests that linguistic ethnography, which 'marries' (Wetherell, 2007) linguistics and ethnography, provides a useful theoretical framework for doing so. To this end the study draws on real-life talk-in-interaction (from transcribed recordings), the participants' perspectives (from focus groups and interviews) and situated detail (from fieldnotes) to produce a contextualised and nuanced analysis. © 2011 Elsevier B.V.

Product cipher negotiation with on-line evaluation for private communication over computer networks

A method is proposed to offer privacy in computer communications, using symmetric product block ciphers. The security protocol involved a cipher negotiation stage, in which two communicating parties select privately a cipher from a public cipher space. The cipher negotiation process includes an on-line cipher evaluation stage, in which the cryptographic strength of the proposed cipher is estimated. The cryptographic strength of the ciphers is measured by confusion and diffusion. A method is proposed to describe quantitatively these two properties. For the calculation of confusion and diffusion a number of parameters are defined, such as the confusion and diffusion matrices and the marginal diffusion. These parameters involve computationally intensive calculations that are performed off-line, before any communication takes place. Once they are calculated, they are used to obtain estimation equations, which are used for on-line, fast evaluation of the confusion and diffusion of the negotiated cipher. A technique proposed in this thesis describes how to calculate the parameters and how to use the results for fast estimation of confusion and diffusion for any cipher instance within the defined cipher space.