The Juncker Commission: A New Start for EU Justice and Home Affairs Policy? CEPS Essay No. 15, 18 September 2014

The team comprising Jean-Claude Juncker’s Commission was revealed on 10 September 2014: does it herald a new start for Justice and Home Affairs (JHA) cooperation in the EU? This essay outlines the main structural and thematic changes introduced by the new Commission, in particular those with direct or indirect relevance to EU JHA or the Area of Freedom, Security and Justice (AFSJ) policies. It also reflects on the new institutional configuration and what it means for the substantive work of the new Commission services and for their intra- and inter-institutional relations. The essay concludes with a set of proposed policy priorities for the new Commission.

THE KYOTO PROTOCOL AND THE WTO: INSTITUTIONAL EVOLUTION AND ADAPTATION. CEPS Policy Brief No. 28/December

Overview. Questions about the interface between the multilateral climate regime embodied in the Kyoto Protocol and the multilateral trade regime embodied in the World Trade Organisation (WTO) have become especially timely since the fall of 2001. At that time, ministerial-level meetings in Marrakech and Doha agreed to advance the agendas, respectively, for the implementation of the Kyoto Protocol and for negotiations on further agreements at the WTO. There have been concerns that each of these multilateral arrangements could constrain the effectiveness of the other, and these concerns will become more salient with the entry into force of the Kyoto Protocol. There are questions about whether and how the rights and obligations of the members of the WTO and the parties to the Protocol may conflict. Of particular concern is whether provisions in the Protocol, as well as government policies and business activities undertaken in keeping with those provisions, may conflict with the WTO non-discrimination principles of national treatment and most-favoured nation treatment. The WTO agreements that are potentially relevant to climate change issues include many of the individual Uruguay Round agreements and subsequent agreements as well. The principal elements of the Kyoto Protocol that are particularly relevant are its provisions concerning emissions trading, the Clean Development Mechanism, Joint Implementation, enforcement, and parties’ policies and measures. In combination, therefore, there are numerous potential points of intersection between the elements of the Kyoto Protocol and the WTO agreements. Previous studies have clarified many issues, as they have focused on particular aspects of the regimes’ relationships. Yet, some analyses suggest that the two regimes are largely compatible and even mutually reinforcing, while others suggest that there are significant conflicts between them. Those and other studies are referenced in the ‘suggestions for further reading’ section at the end of the paper.1 The present paper seeks to expand on those studies by providing additional breadth and depth to understanding of the issues. The analysis gives special attention to key issues on the agenda – i.e. issues that are particularly problematic because of the likelihood of occurrence of specific conflicts and the significance of their economic and/or political consequences. The paper adopts a modified ‘triage’ approach, which classifies points of intersection as (a) highly problematic and clearly in need of further attention, (b) perhaps problematic but less urgent, and (c) apparently not problematic, at least at this point in time. The principal conclusions are that: · The missions and objectives of the two regimes are largely compatible, and their operations are potentially mutually reinforcing in several respects. · Some provisions of the multilateral agreements that may superficially seem at odds are not likely to become particularly problematic in practice. · ‘Domestic policies and measures’ that governments may undertake in the context of the Protocol could pose difficult issues in the context of WTO dispute cases. · Recent WTO agreements and dispute cases acknowledge the legitimacy of the ‘precautionary principle’ and are thus consistent with the environmental protection objectives of the Protocol. · The relative newness of the climate regime creates opportunities for institutional adaptation, as compared with the constraints of tradition in the trade-investment regime. · The prospect of largely independent evolutionary paths for the two regimes poses a series of issues about future international regime design and management, which may require new institutional arrangements. In sum, the present paper thus finds that although there are some areas of interaction that are problematic, the two regimes may nevertheless co-exist in relative harmony in other respects –more like ‘neighbours’ than either ‘friends’ or ‘foes’, as Krist (2001) has suggested.

Crisis and institutional change in urban governance

Recent studies of new institutional spaces typically underplay the uneven and contested process of institutional change by undervaluing the role of inherited institutions and discourses. This is a critical issue as neoliberal networked forms of governance interact with inherited institutional arrangements, characterised by important path dependencies that guide actors. Contradiction and tensions can emerge, culminating in crisis tendencies, and producing both discursive and material contestation between actors. It is with an understanding of path dependencies, ideas (structured into discourses), and (perceived and actual) crisis tendencies that this paper examines contested institutional change through a case-study analysis of one city, and a critical engagement with neoinstitutionalism. The purpose is to examine, firstly, the significance of inherited path-dependent arrangements in fostering conflict and crisis tendencies during interaction with emergent state action; secondly, the extent to which crisis is evident in processes of institutional change and the form that this takes; and, thirdly, the importance of ideas in producing institutional transformation. It is found that institutional conflict is evident between inherited institutions and emergent state action, and stems both from the way agents are organised by the state and from certain path dependencies, but that this does not lead to an actual material crisis. Rather, the nation-state, in partnership with senior city government actors, use ideational/discursive ‘crisis talk’ as a means by which to induce institutional change. The role of ideas has been in critical in this process as the nation-state frames problems and solutions in line with its existing policy paradigm and institutional arrangements, and with discourses further reinforcing existing material power relations.

Urban governance under neoliberalism:New Labour and the restructuring of state-space

In the UK there has been a proliferation of agencies at differing regulatory scales as part of the rescaling and restructuring of the state by New Labour, following the neoliberal policies of previous Conservative governments. This raises questions concerning the extent to which New Labour's urban state restructuring is embedded within neoliberalism, and the local tensions and contradictions arising from emergent New Labour urban state restructuring. This paper examines these questions through the analysis of key policy features of New Labour, and the in-depth exploration of two programmes that are reshaping urban governance arrangements, namely Local Strategic Partnerships (LSPs) and New Deal for Communities (NDC) programmes. We conclude that New Labour's restructuring is best understood in terms of the extended reproduction (roll-out) of neoliberalism. While these “new institutional fixes” are only weakly established and exhibit internal contradictions and tensions, these have not led to a broader contestation of neoliberalism.

The contract management responsibility system in China : an institutional interpretation

Thesis is about the enterprise reform in China in general, and the Contract Management Responsibility System (the CMRS) in particular. The latter is a new institutional arrangement to deal with the relation between the government and the state-owned enterprise which has always been at the centre of the enterprise reform. The focus of the research is on the process of institutionalization in order to study the problems of the emergence of a free enterprise system in China. The research is conducted by four in-depth case studies to reveal how the CMRS is running and what interaction is taking place between the government and the state-owned enterprise under the system. Drawing on the empirical work, the thesis analyzes the features of the CMRS and the characteristics of its implementation process with respect to the structural-institutional paradigm, and the property rights approach. The research shows that to establish a market-type relation between the government and the enterprise is a complicated and dynamic process. It involves the understanding of the two different economic mechanisms, market and planning, and the interations taken by two parties. It concludes that the CMRS is an unstable system, either going back to the previous system or moving towards a market system, because its dynamic and control dimension are dysfunctional.

Constructing institutional change: emergence, contestation and convergence of business models in the field of Java application servers

How are innovative new business models established if organizations constantly compare themselves against existing criteria and expectations? The objective is to address this question from the perspective of innovators and their ability to redefine established expectations and evaluation criteria. The research questions ask whether there are discernible patterns of discursive action through which innovators theorize institutional change and what role such theorizations play for mobilizing support and realizing change projects. These questions are investigated through a case study on a critical area of enterprise computing software, Java application servers. In the present case, business practices and models were already well established among incumbents with critical market areas allocated to few dominant firms. Fringe players started experimenting with a new business approach of selling services around freely available opensource application servers. While most new players struggled, one new entrant succeeded in leading incumbents to adopt and compete on the new model. The case demonstrates that innovative and substantially new models and practices are established in organizational fields when innovators are able to refine expectations and evaluation criteria within an organisational field. The study addresses the theoretical paradox of embedded agency. Actors who are embedded in prevailing institutional logics and structures find it hard to perceive potentially disruptive opportunities that fall outside existing ways of doing things. Changing prevailing institutional logics and structures requires strategic and institutional work aimed at overcoming barriers to innovation. The study addresses this problem through the lens of (new) institutional theory. This discourse methodology traces the process through which innovators were able to establish a new social and business model in the field.

Small-scale Fisheries and the Global Economy: Understanding Common-pool Resource Governance in the Context of Market Pressures, Neoliberal Policies, and Transnational Institutions

The purpose of this dissertation is to contribute to a better understanding of how global seafood trade interacts with the governance of small-scale fisheries (SSFs). As global seafood trade expands, SSFs have the potential to experience significant economic, social, and political benefits from participation in export markets. At the same time, market connections that place increasing pressures on resources pose risks to both the ecological and social integrity of SSFs. This dissertation seeks to explore the factors that mediate between the potential benefits and risks of global seafood markets for SSFs, with the goal of developing hypotheses regarding these relationships.

The empirical investigation consists of a series of case studies from the Yucatan Peninsula, Mexico. This is a particularly rich context in which to study global market connections with SSFs because the SSFs in this region engage in a variety of market-oriented harvests, most notably for octopus, groupers and snappers, lobster, and sea cucumber. Variation in market forms and the institutional diversity of local-level governance arrangements allows the dissertation to explore a number of examples.

The analysis is guided primarily by common-pool resource (CPR) theory because of the insights it provides regarding the conditions that facilitate collective action and the factors that promote long-lasting resource governance arrangements. Theory from institutional economics and political ecology contribute to the elaboration of a multi-faceted conceptualization of markets for CPR theory, with the aim of facilitating the identification of mechanisms through which markets and CPR governance actually interact. This dissertation conceptualizes markets as sets of institutions that structure the exchange of property rights over fisheries resources, affect the material incentives to harvest resources, and transmit ideas and values about fisheries resources and governance.

The case studies explore four different mechanisms through which markets potentially influence resource governance: 1) Markets can contribute to costly resource governance activities by offsetting costs through profits, 2) markets can undermine resource governance by generating incentives for noncompliance and lead to overharvesting resources, 3) markets can increase the costs of resource governance, for example by augmenting monitoring and enforcement burdens, and 4) markets can alter values and norms underpinning resource governance by transmitting ideas between local resource users and a variety of market actors.

Data collected using participant observation, survey, informal and structured interviews contributed to the elaboration of the following hypotheses relevant to interactions between global seafood trade and SSFs governance. 1) Roll-back neoliberalization of fisheries policies has undermined cooperatives’ ability to achieve financial success through engagement with markets and thus their potential role as key actors in resource governance (chapter two). 2) Different relations of production influence whether local governance institutions will erode or strengthen when faced with market pressures. In particular, relations of production in which fishers own their own means of production and share the collective costs of governance are more likely to strengthen resource governance while relations of production in which a single entrepreneur controls capital and access to the fishery are more likely to contribute to the erosion of resource governance institutions in the face of market pressures (chapter three). 3) By serving as a new discursive framework within which to conceive of and talk about fisheries resources, markets can influence norms and values that shape and constitute governance arrangements.

In sum, the dissertation demonstrates that global seafood trade manifests in a diversity of local forms and effects. Whether SSFs moderate risks and take advantage of benefits depends on a variety of factors, and resource users themselves have the potential to influence the outcomes of seafood market connections through local forms of collective action.

Desenvolvimento económico e mudança institucional : o papel do Estado

A new Development Economics is being built, combining the return to the heritage of the “old” Structuralism with contributions brought by the renewal of the Institutionalism. This paper begins with a balance of the first development economists’ contributions and insufficiencies and of the neoclassical approach of the 1980’s (first section), subsequently introducing some essential aspects of institutionalist contributions, including how the neo-institutionalist Douglass North puts the problem of institutional change and, as a result, contributes to the return of a perspective of change in the study of economic development (second section). In the third section we return to the problem of structural change, following the discussion about the developmental state that a new generation of development economists has been holding since the late 1980’s, so that we can observe how the set of inter-relations between state, market and politics is being established, towards an interpretation of economic development that we could call institutionalist structuralism.

Inteligencia territorial para la recuperación de las dinámicas socio-productivas en la subregión de Lengupá (Boyacá, Colombia)

Este documento corresponde al ejercicio preliminar de la línea de investigación en dinámicas territoriales, y es uno de los artículos científicos propuestos como resultado del Proyecto de investigación “Inteligencia territorial para la recuperación de las dinámicas socio-productivas de la subregión de Lengupá”. Por lo tanto, presenta los resultados de la fase exploratoria, correspondiente al diagnóstico regional en el marco de los enfoques teóricos desde los cuales la región es estudiada. A continuación, se presentarán los dos pilares fundamentales de ésta investigación: el territorio y la Inteligencia Territorial. En el caso del territorio, este proceso de investigación parte de un diferenciación previa respecto al lugar y al espacio, debido a que en el territorio se dan relaciones históricas y de poder en una relación dialéctica, entre los atributos ecológicos y culturales, teniendo en cuenta el planteamiento de Sasquet, (2015) cuando menciona que para comprender el territorio es necesario comprender el espacio geográfico, territorialidad humana, en escala subregional y a través del tiempo.

Changing the rules in use? An examination of social enterprise in local governance

As multi-stakeholder entities that explicitly inhabit both social and economic domains, social enterprises pose new challenges and possibilities for local governance. In this paper, we draw on new institutional theory to examine the ways in which locally-focused social enterprises disrupt path dependencies and rules in use within local government. Rather than examining the more commonly asked question of the influence of the state on social enterprise, our purpose here is to examine the impacts of social enterprise on governmental institutions at the local level. Our discussion is based on a mixed-methods study, including an online survey of 66 local government staff, document analysis, and in-depth interviews with 24 social enterprise practitioners and local government actors working to support social enterprise development in Victoria, Australia. We find that, in some instances, the hybrid nature of social enterprise facilitates ‘joining up’ between different functional areas of local government. Beyond organisational relationships, social enterprise also influences local governance through the reinterpretation and regeneration of institutionalised public spaces.

Why evolutionary realism underpins evolutionary economic analysis and theory

This paper offers a reply to Jochen Runde's critical appraisal of the ontological framework underpinning Dopfer and Potts's (2008) General Theory of Economic Evolution. We argue that Runde's comprehensive critique contains several of what we perceive to be misunderstandings in relation to the key concepts of ‘generic’ and ‘meso’ that we seek here to unpack and redress.

The uses of multilingualism in digital culture : the case of inter-language linking

Language-use has proven to be the most complex and complicating of all Internet features, yet people and institutions invest enormously in language and crosslanguage features because they are fundamental to the success of the Internet’s past, present and future. The thesis takes into focus the developments of the latter – features that facilitate and signify linking between or across languages – both in their historical and current contexts. In the theoretical analysis, the conceptual platform of inter-language linking is developed to both accommodate efforts towards a new social complexity model for the co-evolution of languages and language content, as well as to create an open analytical space for language and cross-language related features of the Internet and beyond. The practiced uses of inter-language linking have changed over the last decades. Before and during the first years of the WWW, mechanisms of inter-language linking were at best important elements used to create new institutional or content arrangements, but on a large scale they were just insignificant. This has changed with the emergence of the WWW and its development into a web in which content in different languages co-evolve. The thesis traces the inter-language linking mechanisms that facilitated these dynamic changes by analysing what these linking mechanisms are, how their historical as well as current contexts can be understood and what kinds of cultural-economic innovation they enable and impede. The study discusses this alongside four empirical cases of bilingual or multilingual media use, ranging from television and web services for languages of smaller populations, to large-scale, multiple languages involving web ventures by the British Broadcasting Corporation, the Special Broadcasting Service Australia, Wikipedia and Google. To sum up, the thesis introduces the concepts of ‘inter-language linking’ and the ‘lateral web’ to model the social complexity and co-evolution of languages online. The resulting model reconsiders existing social complexity models in that it is the first that can explain the emergence of large-scale, networked co-evolution of languages and language content facilitated by the Internet and the WWW. Finally, the thesis argues that the Internet enables an open space for language and crosslanguage related features and investigates how far this process is facilitated by (1) amateurs and (2) human-algorithmic interaction cultures.

Devolution of forest-related rights: Comparative analyses of six developing countries

The study focused on the different ways that forest-related rights can be devolved to the local level according to the current legal frameworks in Laos, Nepal, Vietnam, Kenya, Mozambique and Tanzania. The eleven case studies represented the main ways in which forest-related rights can be devolved to communities or households in these countries. The objectives of this study were to 1) analyse the contents and extent of forest-related rights that can be devolved to the local level, 2) develop an empirical typology that represents the main types of devolution, and 3) compare the cases against a theoretical ideal type to assess in what way and to what extent the cases are similar to or differ from the theoretical construct. Fuzzy set theory, Qualitative Comparative Analysis and ideal type analysis were used in analysing the case studies and in developing an empirical typology. The theoretical framework, which guided data collection and analyses, was based on institutional economics and theories on property rights, common pool resources and collective action. On the basis of the theoretical and empirical knowledge, the most important attributes of rights were defined as use rights, management rights, exclusion rights, transfer rights and the duration and security of the rights. The ideal type was defined as one where local actors have been devolved comprehensive use rights, extensive management rights, rights to exclude others from the resource and rights to transfer these rights. In addition, the rights are to be secure and held perpetually. The ideal type was used to structure the analysis and as a tool against which the cases were analysed. The contents, extent and duration of the devolved rights varied greatly. In general, the results show that devolution has mainly meant the transfer of use rights to the local level, and has not really changed the overall state control over forest resources. In most cases the right holders participate, or have a limited role in the decision making regarding the harvesting and management of the resource. There was a clear tendency to devolve the rights to enforce rules and to monitor resource use and condition more extensively than the powers to decide on the management and development of the resource. The empirical typology of the cases differentiated between five different types of devolution. The types can be characterised by the devolution of 1) restricted use and control rights, 2) extensive use rights but restricted control rights, 3) extensive rights, 4) insecure, short term use and restricted control rights, and 5) insecure extensive rights. Overall, the case studies conformity to the ideal type was very low: only two cases were similar to the ideal type, all other cases differed considerably from the ideal type. The restricted management rights were the most common reason for the low conformity to the ideal type (eight cases). In three cases, the short term of the rights, restricted transfer rights, restricted use rights or restricted exclusion rights were the reason or one of the reasons for the low conformity to the ideal type. In two cases the rights were not secure.

Kotitalouden opetustilat osana kehittyvää oppimisympäristöä : asumistoiminnot ja opetussuunnitelma muutoksen määrittäjinä

Home Economics Classrooms as Part of Developing the Environment Housing Activities and Curriculums Defining Change --- The aim of the research project was to develop home economics classrooms to be flexible and versatile learning environments where household activities might be practiced according to the curriculum in different social networking situations. The research is based on the socio-cultural approach, where the functionality of the learning environment is studied specifically from an interactive learning viewpoint. The social framework is a natural starting point in home economics teaching because of the group work in classrooms. The social nature of learning thus becomes a significant part of the learning process. The study considers learning as experience based, holistic and context bound. The learning environment, i.e. home economics classrooms and the material tools there, plays a significant role in developing students skills to manage everyday life. --- The first research task was to analyze the historical development of household activities. The second research task was to develop and test criteria for functional home economics classrooms in planning both the learning environment and the students activities during lessons. The third research task was to evaluate how different professionals (commissioners, planners and teachers) use the criteria as a tool. The research consists of three parts. The first contains a historical analysis of how social changes have created tension between traditional household classrooms and new activities in homes. The historical analysis is based on housing research, regulations and instructions. For this purpose a new theoretical concept, the tension arch, was introduced. This helped in recognizing and solving problems in students activities and in developing innovations. The functionality criteria for home economics classrooms were developed based on this concept. These include technical (health, safety and technical factors), functional (ergonomic, ecological, aesthetic and economic factors) and behavioural (cooperation and interaction skills and communication technologies) criteria. --- The second part discusses how the criteria were used in renovating school buildings. Empirical data was collected from two separate schools where the activities during lessons were recorded both before and after classrooms were renovated. An analysis of both environments based on video recordings was conducted. The previously created criteria were made use of, and problematic points in functionality looked for particularly from a social interactive viewpoint. The results show that the criteria were used as a planning tool. The criteria facilitated layout and equipment solutions that support both curriculum and learning in home economics classrooms taking into consideration cooperation and interaction in the classroom. With the help of the criteria the home economics classrooms changed from closed and complicated space into integrated and open spaces where the flexibility and versatility of the learning environment was emphasized. The teacher became a facilitator and counselor instead a classroom controller. --- The third part analyses the discussions in planning meetings. These were recorded and an analysis was conducted of how the criteria and research results were used in the planning process of new home economics classrooms. The planning process was multivoiced, i.e. actors from different interest groups took part. All the previously created criteria (technical, functional and behavioural) emerged in the discussions and some of them were used as planning tools. Planning meetings turned into planning studios where boundaries between organizations were ignored and the physical learning environments were developed together with experts. The planning studios resulted in multivoiced planning which showed characteristics of collaborative and participating planning as well as producing common knowledge and shared expertise. --- KEY WORDS: physical learning environment, socio-cultural approach, tension arch, boundary crossing, collaborative planning.

Bridging East and West : The Establishment of the International Institute for Applied Systems Analysis (IIASA) in the United States Foreign Policy of Bridge Building, 1964-1972.

The dissertation examines the foreign policies of the United States through the prism of science and technology. In the focal point of scrutiny is the policy establishing the International Institute for Applied Systems Analysis (IIASA) and the development of the multilateral part of bridge building in American foreign policy during the 1960s and early 1970s. After a long and arduous negotiation process, the institute was finally established by twelve national member organizations from the following countries: Bulgaria, Canada, Czechoslovakia, Federal Republic of Germany (FRG), France, German Democratic Republic (GDR), Great Britain, Italy, Japan, Poland, Soviet Union and United States; a few years later Sweden, Finland and the Netherlands also joined. It is said that the goal of the institute was to bring together researchers from East and West to solve pertinent problems caused by the modernization process experienced in industrialized world. It originates from President Lyndon B. Johnson s bridge building policies that were launched in 1964, and was set in a well-contested and crowded domain of other international organizations of environmental and social planning. Since the distinct need for yet another organization was not evident, the process of negotiations in this multinational environment enlightens the foreign policy ambitions of the United States on the road to the Cold War détente. The study places this project within its political era, and juxtaposes it with other international organizations, especially that of the OECD, ECE and NATO. Conventionally, Lyndon Johnson s bridge building policies have been seen as a means to normalize its international relations bilaterally with different East European countries, and the multilateral dimension of the policy has been ignored. This is why IIASA s establishment process in this multilateral environment brings forth new information on US foreign policy goals, the means to achieve these goals, as well as its relations to other advanced industrialized societies before the time of détente, during the 1960s and early 1970s. Furthermore, the substance of the institute applied systems analysis illuminates the differences between European and American methodological thinking in social planning. Systems analysis is closely associated with (American) science and technology policies of the 1960s, especially in its military administrative applications, thus analysis within the foreign policy environment of the United States proved particularly fruitful. In the 1960s the institutional structures of European continent with faltering, and the growing tendencies of integration were in flux. One example of this was the long, drawn-out process of British membership in the EEC, another is de Gaulle s withdrawal from NATO s military-political cooperation. On the other hand, however, economic cooperation in Europe between East and West, and especially with the Soviet Union was expanding rapidly. This American initiative to form a new institutional actor has to be seen in that structural context, showing that bridge building was needed not only to the East, but also to the West. The narrative amounts to an analysis of how the United States managed both cooperation and conflict in its hegemonic aspirations in the emerging modern world, and how it used its special relationship with the United Kingdom to achieve its goals. The research is based on the archives of the United States, Great Britain, Sweden, Finland, and IIASA. The primary sources have been complemented with both contemporary and present day research literature, periodicals, and interviews.