Corporate governance and law reform in Japan: From the lost decade to the end of history?

Japan is in the midst of massive law reform. Mired in ongoing recession since the early 1990s, Japan has been implementing a new regulatory blueprint to kickstart a sluggish economy through structural change. A key element to this reform process is a rethink of corporate governance and its stakeholder relations. With a patchwork of legislative initiatives in areas as diverse as corporate law, finance, labour relations, consumer protection, public administration and civil justice, this new model is beginning to take shape. But to what extent does this model represent a break from the past? Some commentators are breathlessly predicting the "Americanisation" of Japanese law. They see the triumph of Western-style capitalism - the "End of History", to borrow the words of Francis Fukuyama - with its emphasis on market-based, arms-length transactions. Others are more cautious, advancing the view that there new reforms are merely "creative twists" on what is a uniquely (although slowly evolving) strand of Japanese capitalism. This paper takes issue with both interpretations. It argues that the new reforms merely follow Japan's long tradition of 'adopting and adapting' foreign models to suit domestic purposes. They are neither the wholesale importation of "Anglo-Saxon" regulatory principles nor a thin veneer over a 'uniquely unique' form of Confucian cultural capitalism. Rather, they represent a specific and largely political solution (conservative reformism) to a current economic problem (recession). The larger themes of this paper are 'change' and 'continuity'. 'Change' suggests evolution to something identifiable; 'continuity' suggests adhering to an existing state of affairs. Although notionally opposites, 'change' and 'continuity' have something in common - they both suggest some form of predictability and coherence in regulatory reform. Our paper, by contrast, submits that Japanese corporate governance reform or, indeed, law reform more generally in Japan, is context-specific, multi-layered (with different dimensions not necessarily pulling all in the same direction for example, in relations with key outside suppliers), and therefore more random or 'chaotic'.

Thirty Years After Helsinki: Proposals for OSCE's Reform

Odello, Marco, 'Thirty Years After Helsinki: Proposals for OSCE's Reform', Journal of Conflict and Security Law, (2005) 10(3):435-449 RAE2008

Rola Francji i Niemiec w procesie integracji europejskiej w latach 1992-2007

Francja i Niemcy przez stulecia walczyły o zdobycie władzy i przejęcie wpływów na kontynencie europejskim i traktowały siebie nawzajem jako największe zagrożenie. Jednak tragiczna pierwsza połowa XX wieku przyniosła z jednej strony pragnienie zapewnienia, iż okropności wojny już nigdy się nie powtórzą, a z drugiej strony poczucie, że nieodzowna jest zmiana dwustronnych stosunków panujących między Berlinem a Paryżem. Konieczność stworzenia przestrzeni wolności i współpracy doprowadziła niegdysiejszych wrogów do stworzenia idei integracji najważniejszych części gospodarki. Pomysł zjednoczenia krajów Europy Zachodniej przekształcił się w kolejnych latach w symbol zaangażowania francusko-niemieckiego. Dwie republiki stały się rdzeniem europejskiej współpracy i spiritus movens zmian politycznych, ekonomicznych i instytucjonalnych w powojennej Europie. Po upadku komunizmu w 1989 roku ich rola zyskała nowy wymiar w odmiennych warunkach geopolitycznych - od momentu podpisania Traktatu z Maastricht w 1992 roku francusko-niemiecki duet powiększył swe znaczenie i wpływ na politykę nowej Unii Europejskiej. Realizacja zapisów Traktatu z Maastricht i kolejnych dokumentów, w tym Traktatu z Lizbony, koncentracja na kwestiach reform instytucjonalnych, jak również przygotowania do wschodniego rozszerzenia UE mogą być rozpatrywane jedynie w odniesieniu do wspólnych działań prowadzonych przez nadreński tandem. Realizacja trzech filarów integracji: współpracy w wymiarze ekonomicznym i społecznym, wspólnej polityki zagranicznej i bezpieczeństwa, jak również współpracy policyjnej i sądowej w sprawach karnych, podkreślają znaczenie couple franco-allemand i zwracają uwagę na rolę lidera, jaką Paryż i Berlin odgrywają w dziedzinie integracji.

The place(s) of student voice in 14-19 education policy reform: reflections on consultation and participation

Certain policy areas with considerable impact on young people's educational experiences and achievements, notably assessment and qualifications, do not involve consultation with young people to any meaningful extent. Findings from a national study, which included focus groups with 243 students in the 14-19 phase, are presented with respect to student consultation and participation in such policy areas. A lack of meaningful consultation regarding what students see as ‘higher level’ policy agendas was found (such as qualifications provision, choice or structure). Students are therefore ‘voiceless’ in relation to major qualifications reforms

Rough Waters, Dark Shadows and Cross-Cutting Winds:the impact of European Union enlargement on Turkey’s EU accession negotiations

For a multiplicity of socio-economic, geo-political, strategic and identity-based reasons, Turkey’s progress towards EU membership is often treated as a sui generis case. Yet although Turkey’s accession negotiations with the European Union (EU) are essentially a bilateral – and often stormy – affair, they take place within a wider and dynamic process of enlargement in which not only can the gloomy – sometimes dark – shadows of past and prospective enlargements be clearly detected, but so too can the often chill winds from ongoing, parallel negotiations with other candidates. How the EU negotiates accession and what it expects from candidates has continued to evolve since the EU began drawing up its framework for negotiations with Turkey ten years ago. This paper charts this evolution by first identifying changes in the light of Croatia’s negotiating experience, the ‘lessons learnt’ by the EU in meeting the challenges of Bulgarian and Romanian accession, the EU’s handling of Iceland’s membership bid and accession negotiations, and the revised approach to negotiating accession evident in the more recent frameworks for accession negotiations with Montenegro and Serbia. The paper then explores the extent to which these changes have impacted on the approach the EU has adopted in framing and progressing accession negotiations with Turkey. In doing so, it questions both the consistency with which the EU’s negotiates accession and the extent to which Turkey’s progress towards EU membership is conditioned by the broader dynamics of EU enlargement as opposed to simply the dynamics within EU-Turkey relations and domestic Turkish reform efforts.

Fit for Purpose?:Challenges for Irish Public Administration and Priorities for Public Service Reform

The depth of the current economic and fiscal crisis has raised concerns about the Irish political and administrative system, and prompted calls for fundamental reform of our structures of public governance. Both the state and its financial system are reliant on international support. This crisis requires a coherent response from our public administration. There is recognition that this change cannot simply be a repeat or extension of the public service reform programmes of the past. It will need to be more radical than this. Over the coming years, the numbers employed in the public service will continue to fall and expenditure will need to be restrained, targeted and prioritised. The Public Service Agreement 2010-2014 (the Croke Park Agreement) sets out a framework for change. But there is a need to look beyond the agreement to consider more fundamentally the future role of public administration in the context of the new economic and social dispensation in Ireland. Our public services need to adapt to this new environment if they are to continue to be fit for purpose.

In this paper we set out the main challenges facing public administration and where we see reform as vital. We note what changes have taken place to date, including experience with previous reform efforts, and outline what should happen next. Where appropriate, we draw on national and international practice to provide exemplars of change.

EU Criminal Law and Enlargement

Since creation of the European Communities the number of Member States has gradually increased from the original six to current twenty-eight. Enlargement has become an EU’s flagship external policy, demonstrating the EU’s ability to shape its neighbourhood and to serve as a catalyst of deep and multilayered reforms. The consecutive seven enlargement rounds went in parallel with widespread internal developments, culminating with the creation of the European Union and, most recently, entry into force of the Treaty of Lisbon. As this volume demonstrates, EU criminal law has evolved considerably from its early days under the legal framework laid down by the Treaty of Maastricht to its current post-Lisbon shape. On 1 December 2014, that is with expiry of a five year transitional regime for the jurisdiction of the Court of Justice, Police and Judicial Co-operation in Criminal Matters became a fully fledged EU policy, governed largely by the same modus operandi as other areas of EU competence and with compulsory jurisdiction of the Court of Justice. As EU criminal law developed internally, so did its external dimension, including the role it plays in the enlargement policy. In case of the latter the expiry of the same transitional period has brought to an end a rather anomalous situation whereby the European Union had more enforcement tools before and after accession vis-à-vis its future/new Member States than it could employ against the old ones. This bifurcation, quite rightly, triggered a lot of discussions about double standards used by the European Union in its pre-accession policy. This is exacerbated by the fact that some of those standards are neither defined in EU law, nor pursued vis-à-vis the existing EU’s Member States. The aim of this chapter is to demonstrate that evolution with particular emphasis on the role of EU Criminal Law in the policy currently employed by the European Union vis-à-vis candidate and potential candidate countries of the Western Balkans and to Turkey. Arguably, together with political conditionality, it has become one of the pillars of the enlargement process and, as the examples of accession negotiations with Montenegro and Serbia prove, its role is likely to increase as rapprochement of other candidates and potential candidates progresses to the next stages.

The CAP and EU enlargement: Prospects for an alternative strategy to avoid the lock-in of CAP support

The integration of the central and east European countries (CEECs) into the Common Agricultural Policy (CAP) could become a major problem. At the Copenhagen European summit in December 2002, the EU agreed a transitional period with a gradual phasing in of direct payments. However, this strategy will not solve the problems of the CAP: budgetary limits remain problematic, the policy ignores possible developments in the World Trade Organization (WTO), and the extension of direct payments to the CEECs will further capitalize, and hence lock-in, agricultural support. The latter makes future reform even more difficult and, to overcome these problems, we suggest an alternative strategy to integrate the CEECs into the CAP. The EU should phase out direct payments by applying a bond scheme. Finally, we consider whether this option is politically viable.

The 2003 CAP Reform: Accommodating WTO Pressures

In 2003, the EU agreed a major reform of the common agricultural policy (CAP). Its centrepiece was a new Single Payment Scheme (SPS). Policy concerns at the time involved the budget, EU enlargement to the East, the WTO negotiations, and a perception (articulated by Commissioner Fischler) that there should be a shift of budget funds from CAP's Pillar 1 (price and income support) to Pillar 2 (rural development). We outline these concerns, conclude that the WTO was the main driving force of the reforms, set out the key parameters of the new support scheme, and outline some thoughts on the durability of the reformed CAP in the face of continued internal and external pressures.

Innovative approaches For enhancing the flow of funds into the Benefit Sharing Fund of the International Treaty on Plant Genetic Resources for Food and Agriculture: an evaluation of options

This report assesses the implications and revenue-generating potential of options for reform of the International Treaty on Plant Genetic Resources for Food and Agriculture in the context of the structure of the global seed industry and the emerging landscape of plant variety innovation for different crops. The implementation of these options would require modifications of Treaty and provisions of the Standard Material Transfer Agreements to alter the nature of payment obligations related to different categories of products, the payment rates under different options and the coverage of crops in Annex-I to the Treaty.

Foreign investment in Mexico after economic reform

Includes bibliography

Increasing popular participation in the treaty-making process : the legislative process of Section 190 of the 2007 Constitution of Thailand

Historically, the authority to conclude international treaties was exclusively exercised by administrative bodies (or the chief of state). However, recent studies pointed out that the present legislative bodies have come to play a more active role through ratification or the review of treaties in European and American countries. Harrington (2005) studied judicial reform in British dominions and criticized the past executive-dominant treaty-making process as a “democratic deficit” due to a fear that under this system the nation might be bound by international agreements for which a consensus had not been obtained. These studies indicated that people’s participation in the treaty-making process has increased on a global basis, but neither of them provides sufficient descriptive evidence regarding why and how such procedures were established. The present paper therefore attempts to solve these questions by analyzing the legislative and political process of the treaty-making procedure reform in Thailand’s 2007 constitution as a case study.

Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

[From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.”

The European Economic Community's Third Enlargement. Jean Monnet/Robert Schuman Paper Series Vol. 12 No. 6, June 2012

The European Economic Community's third enlargement round brought up a series of tensions between member states, which would require a great amount of time and effort to be solved. Bigger issues, such as the British contribution, the community budget and the Common Agriculture Policy reforms, are going to be at the centre of EEC's agenda in the 1970-80's, and ultimately, British and French national interests on these matters will prevail. The basic argument of this article is that member states used the prospect of enlargement to achieve particular policy goals, such as improvements in decisionmaking procedures and budget reform, and only after those accomplishments, member states agreed on concluding the third enlargement.

The Lisbon Treaty and Spain: Background, Context and Impact. Jean Monnet/Robert Schuman Paper Series Special Issue 1, August 2012

The year 2010 will be remembered in the European Union (EU) circles of governmental Spain as a crucial milestone regarding the role of the country in one of the most important alliances of world history. During the first semester, from January to June 2010, Spain had previously been scheduled to hold the rotating presidency as done since the times of the inception of the predecessor of the EU, the European Economic Community (EEC). Furthermore, on June 12, Spain would be ready to celebrate the 25th anniversary of its adhesion (along with Portugal) to the European integration experiment, by signing the treaty, effectively acceding to the European Community (EC) on January 1, 1986. While all of this was set to occur, the new Reform Treaty (“of Lisbon”) was set to be implemented as a substitute for the failed constitutional text floated during the first years of the new century. Moreover, these spectacular events unraveled in the middle of one of the worst economic crises of the world, with considerable impact on the evolution of the EU and, most especially, Spain. This paper will review the background, context and impact of particular novel aspects of the new treaty governing the EU and several milestones regarding the experience of Spain in the European process.