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This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. Case study data is drawn from primary source material and academic commentary on franchising regulation and presented according to the eras of franchising regulation in Australia, moving from the first proposals for legislation in the 1970s to the prescribed mandatory Franchising Code of Conduct model adopted in 1998 and refinements made to that scheme up to 2006. An analysis is then conducted on each major aspect of Australian franchising regulation using the established theoretical principles and analytical constructs available in the literature. The study concludes that the Franchising Code of Conduct regime, as a culmination of the experience gained and study undertaken in the preceding eras, is characterised by the availability of a broad range of enforcement options from harsh deterrence-oriented measures to more gentle and cooperative compliance-oriented options constituting an effective regulatory pyramid. The effectiveness of the regime is further bolstered by the presence of a credible regulatory strategy pyramid which emphasises the real possibility of escalated intervention, coupled with skilful deployment by the Australian Competition and Consumer Commission as enforcement agency. The principal weakness of the scheme is identified as unnecessarily ambiguous drafting in some areas, which compromises the quality of the otherwise highly transparent ruleset. It is suggested that the choice of regulatory strategy, often a focus of superficial examinations of regulation, is largely irrelevant to the nature of the regulation, with other features such as enforcement strategy, legitimacy, and availability of credible sanctions proving much more important. A ...

Introduction --Different legal orders and different legal pyramids --The attempted reconciliation --The fundamental rights and the Union --The European Convention on Human Rights According to the European Court of Justice --EC/EU law according to the European Court of Human Rights --The dialogue between Strasbourg and Luxembourg : current situation and prospects --The UN Security Council as a "global law enforcement power" --European Union law and Security Council resolutions : participation of the European Union in the United Nations sanctions regime --European Convention on Human Rights and Security Council resolutions : the contributions of the European Court of Human Rights --International law according to the European supranational courts --The pluralistic conception versus the constitutional conception of the international legal order --The position of the European Union on the international scene after the Kadi case --Conclusions.

Public sector information as open data : access, re-use and the third innovation paradigm Marco Ricolfi -- Licensing research data under open access conditions under European law Lucie Guibault -- Intellectual property in the Cathedral Dan L. Burk -- Trademark law and the public domain Martin Senftleben -- Patent eligibility : the 'sick-man' of patent law Erika Ellyne -- Exceptions, limitations and collective management of rights as vehicles for access to information Johan Axhamn -- Synergetic interaction between intellectual property and consumer protection : a pragmatic proposal to rebalance incentives and access Andrea Stazi and Maximiliano Marzetti -- Framing and explaining the politicization of intellectual property rights in the knowledge society Ingrid Schneider -- From data to wisdom : the contribution of intellectual property rights to the knowledge pyramid Roger Kampf -- The ACTA/TPP country clubs Peter K. Yu -- Rethinking the enforcement of intellectual property rights at international level Christophe Geiger

Regulatory dialogue between states with widely diverging tax systems has emerged as a key feature of Organization for Economic Cooperation and Development (OECD), International Monetary Fund (IMF), and European Union (EU) initiatives on Offshore Finance Centers (OFCs) or tax havens. This has brought together states of differing dimensions in size, population, economy, and power. Where there is such a discrepancy in power between states there is often a temptation to assert a command-and-control regulatory approach. This was the initial reading of the OECD's Harmful Tax Practices Project that demanded tax havens - mostly small states in Europe, the Pacific, Indian Ocean, and the Caribbean - repeal financial secrecy legislation and commit to Tax Information Exchange Agreements (TIEAs). As these initiatives have unfolded there has been a transition away from regulation by command-and-control towards responsive regulatory dialogue in which tax havens have been encouraged to cooperate through engagement and active participation. Based on qualitative research with key stakeholders in OFC jurisdictions and multilateral organizations, this article explores this transition towards meta-principles of responsive regulation. The preservation of tax bilateralism has limited the capacity of multilateral organizations to deploy the full range of regulatory techniques, particularly those involving penalty and coercion. Instead all parties, tax haven states and multilateral institutions alike, have been confined to the broadest base of the regulatory pyramid. Responsive regulation can end up having the opposite effect from what is intended where the enforcement peak of the regulatory pyramid is absent. This has resulted in strengthening the sovereignty of small OFC states and has increased international tax competition, rather than reduced it.

Regulatory dialogue between states with widely diverging tax systems has emerged as a key feature of Organization for Economic Cooperation and Development (OECD), International Monetary Fund (IMF), and European Union (EU) initiatives on Offshore Finance Centers (OFCs) or tax havens. This has brought together states of differing dimensions in size, population, economy, and power. Where there is such a discrepancy in power between states there is often a temptation to assert a command-and-control regulatory approach. This was the initial reading of the OECD's Harmful Tax Practices Project that demanded tax havens - mostly small states in Europe, the Pacific, Indian Ocean, and the Caribbean - repeal financial secrecy legislation and commit to Tax Information Exchange Agreements (TIEAs). As these initiatives have unfolded there has been a transition away from regulation by command-and-control towards responsive regulatory dialogue in which tax havens have been encouraged to cooperate through engagement and active participation. Based on qualitative research with key stakeholders in OFC jurisdictions and multilateral organizations, this article explores this transition towards meta-principles of responsive regulation. The preservation of tax bilateralism has limited the capacity of multilateral organizations to deploy the full range of regulatory techniques, particularly those involving penalty and coercion. Instead all parties, tax haven states and multilateral institutions alike, have been confined to the broadest base of the regulatory pyramid. Responsive regulation can end up having the opposite effect from what is intended where the enforcement peak of the regulatory pyramid is absent. This has resulted in strengthening the sovereignty of small OFC states and has increased international tax competition, rather than reduced it.

Regulatory dialogue between states with widely diverging tax systems has emerged as a key feature of Organization for Economic Cooperation and Development (OECD), International Monetary Fund (IMF), and European Union (EU) initiatives on Offshore Finance Centers (OFCs) or tax havens. This has brought together states of differing dimensions in size, population, economy, and power. Where there is such a discrepancy in power between states there is often a temptation to assert a command‐and‐control regulatory approach. This was the initial reading of the OECD's Harmful Tax Practices Project that demanded tax havens—mostly small states in Europe, the Pacific, Indian Ocean, and the Caribbean—repeal financial secrecy legislation and commit to Tax Information Exchange Agreements (TIEAs). As these initiatives have unfolded there has been a transition away from regulation by command‐and‐control towards responsive regulatory dialogue in which tax havens have been encouraged to cooperate through engagement and active participation. Based on qualitative research with key stakeholders in OFC jurisdictions and multilateral organizations, this article explores this transition towards meta‐principles of responsive regulation. The preservation of tax bilateralism has limited the capacity of multilateral organizations to deploy the full range of regulatory techniques, particularly those involving penalty and coercion. Instead all parties, tax haven states and multilateral institutions alike, have been confined to the broadest base of the regulatory pyramid. Responsive regulation can end up having the opposite effect from what is intended where the enforcement peak of the regulatory pyramid is absent. This has resulted in strengthening the sovereignty of small OFC states and has increased international tax competition, rather than reduced it.

AbstractThe 17 Sustainable Development Goals (SDGs) stress unsolved global topics such as mitigating poverty and exclusion. Inclusive approaches often highlight frugal innovations for the Base of the Pyramid and low income markets, mainly offered by private sector. In the contexts of sustainability, the private sector is both, a major driver of exclusionary processes as well as for enforcing new inclusive solutions enhancing quality of life, participation, and incomes. So it is of interest if and how the business sector contributes to enforcing SDGs. Therefore, 50 frugal innovations were analyzed for their contribution to the SDGs and their sustainability value creation patterns by content analysis. Main insights stress that social engagement is mainly value driven by small and medium enterprises and non‐governmental organizations. Institutional voids can function as drivers for multinational corporations to develop new and inclusive business models. An enforcement of the SDGs is primarily given on indirect and low level.

As most software used by government agencies and companies is proprietary, malicious computer activity targeting breaches in that software can be likened to a pandemic of an infectious disease in the cyber world. When a breach occurs, the consequences can be widespread and damaging because the damage can spread rapidly. Therefore, cybercrime prevention needs to involve all users in a cooperative effort, with warnings and information on countermeasures distributed to users in order to prevent the "disease" from spreading when unprotected computers encounter an attack. This cooperative effort relies heavily on all institutions reporting information security incidents. Based on institutional theory, together with regulatory pluralism and responsive regulation theory, this paper examines the pluralized regulatory approach adopted to promote a system for sharing reports of information security incidents in Taiwan and China. An expanded model of regulatory enforcement and a strengths-based pyramid are proposed and used as a framework for discussing existing systems for encouraging the reporting of information security incidents. Adapted from the source document.

As most software used by government agencies and companies is proprietary, malicious computer activity targeting breaches in that software can be likened to a pandemic of an infectious disease in the cyber world. When a breach occurs, the consequences can be widespread and damaging because the damage can spread rapidly. Therefore, cybercrime prevention needs to involve all users in a cooperative effort,with warnings and information on countermeasures distributed to users in order to prevent the "disease" from spreading when unprotected computers encounter an attack. This cooperative effort relies heavily on all institutions reporting information security incidents. Based on institutional theory, together with regulatory pluralism and responsive regulation theory, this paper examines the pluralized regulatory approach adopted to promote a system for sharing reports of information security incidents in Taiwan and China. An expanded model of regulatory enforcement and a strengths-based pyramid are proposed and used as a framework for discussing existing systems for encouraging the reporting of information security incidents. (Isuues Stud/GIGA)

This paper explores institutional design strategies that promote compliance by regulated agents. Without a doubt, this is one of the central topics in contemporary political theory. Many illustrious traditions in political theory have held that institutions should be designed in such a way that they are capable of ensuring compliance of a nation of devils. This paper argues that such a viewpoint is erroneous and that effective regulatory institutions must assume virtue but must also be prepared for non-compliance; a view shared by some of the most renowned contemporary authors in the field of institutional design. In what follows, the contributions of scholars such as P. Pettit, I Ayres, J. Braithwaite, V. Braithwaite, T. Makkai, N. Gunningham, or P. Grabosky, among others, are reviewed. The possible problems and limitations that may arise with these proposals are then discussed and future lines of work suggested. ; En el presente trabajo se exploran estrategias de diseño institucional que promuevan el cumplimiento por parte de los agentes regulados. Éste es sin duda uno de los temas centrales en las ciencias sociales contemporáneas. Desde algunas ilustres tradiciones de teoría política se ha sostenido que las instituciones deben diseñarse de modo tal que sean capaces de asegurar el cumplimiento de un pueblo de demonios. En el presente trabajo se sostiene que dicho punto de vista es erróneo y que las instituciones reguladoras efectivas deben asumir la virtud pero estar preparadas para el incumplimiento. Éste es el punto de vista de algunos de los autores contemporáneos más notables en el terreno del diseño institucional. En lo que sigue, entre otras, se revisan las aportaciones de escolares como P. Pettit, I Ayres, J. Braithwaite, V. Braithwaite, T. Makkai, N. Gunningham o P. Grabosky entre otros. Posteriormente, se discuten algunos posibles problemas y limitaciones de este tipo de propuestas y se señalan algunas líneas para el desarrollo futuro de las mismas.

Provides an original account of international business ethics grounded in cosmopolitan human rights theory Transnational companies (TNCs) operate in a variety of political jurisdictions and legal frameworks. As international trade and foreign direct investment (FDI) continue to increase, TNCs based in industrialized 'home' nations are gaining enormous economic and political influence in developing 'host' nations. Corporations operating internationally, particularly in nations with limited regulatory and enforcement resources, are often free to determine whether they will follow existing laws and guidelines regarding consumer protection, worker safety, and environmental protection. The Ethics of Global Business provides clear and pragmatic guidance for business leaders interested in the ethical conduct of international business. With a cosmopolitan human rights perspective on international business ethics, this comprehensive volume describes modern transnational companies, explains why companies and their leaders are responsible for company policies and practices, and presents a conceptual framework grounded in respect for basic human rights. Arnold addresses a wide range of central topics, such as the role of transnational companies in global justice, the human rights obligations of transnational companies, labor rights in global supply chains, corporate responsibility regarding global climate change, and exploitation and empowerment at the base of the global economic pyramid. Presents and defends a theory of moral legitimacy that views TNCs as agents of justice Offers an alternative ethical conception of CSR that integrates a cosmopolitan human rights perspective Provides critical and ethical analysis of recent United Nations (UN) initiatives on business and human rights including the UN tripartite framework recently approved by the UN Human Rights Council Analyzes current Base of the Pyramid (BoP) strategies Defends minimum standards for working conditions in global supply chains and analyzes wage exploitation in developing nations Demonstrates the need for ethical CSR and morally legitimate BoP business ventures that do not exploit people living in moderate and extreme poverty (MEP) The Ethics of Global Business is essential reading for business leaders, policymakers, scholars, undergraduate and graduate students, and general readers with an interest in business ethics, global justice, human rights, sweatshop ethics, solutions to global poverty, corporate environmental sustainability, and global climate change as related to transnational companies.

La ricerca prende l'abbrivio dalla constatazione della crescente importanza acquisita, nel panorama delle fonti penalistiche, dal fenomeno dell'autonormazione: prodotto del diritto penale post-moderno consistente nell'autoimposizione, da parte dei destinatari stessi della norma, di precetti comportamentali in chiave criminal-preventiva. Oltre al ruolo ambivalente del principio di legalità penale (effetto e causa, al contempo, del fenomeno qui preso in considerazione), l'interesse del penalista per l'approfondimento scientifico del fenomeno è sollecitato dal potenziale che quest'ultimo rivela come alternativa (sostitutiva o integrata) rispetto al diritto penale. Il primo capitolo è dedicato alla ricostruzione delle cause che hanno dato origine al fenomeno, all'uopo ripartite in due macro-categorie: (i) le cause di ordine generale, per l'enucleazione delle quali è stata condotta una ricerca che spazia nelle materie sociologiche, economiche e giusfilosofiche; (ii) le cause di natura giuridica, che sono state investigate considerando sia le manifestazioni comuni all'intero ordinamento giuridico, sia quelle specifiche della penalistica, in cui la crisi del principio della riserva di legge e il declino del diritto penale classico assumono un'importanza cruciale. Nel secondo capitolo, il focus dell'analisi si concentra sulla dimensione strutturale del paradigma autonormativo per come emerso nelle sue principali manifestazioni e nelle concettualizzazioni teoriche maturate soprattutto grazie all'approfondimento riservato al fenomeno della Self-Regulation dagli studiosi di area anglosassone. La paradigmatica dell'autonormazione viene scrutinata tanto nelle sue singole componenti costitutive statiche, quanto nei suoi moti dinamici come strategia regolatoria all'interno dell'ordinamento. La ricerca si sposta nel terzo capitolo dalla struttura alla funzione, con l'obiettivo di ricavare i criteri di politica-criminale strumentali all'impiego dell'autonormazione nel sistema penale. A tal fine, sono state esplorate le possibili relazioni interordinamentali di raccordo tra sistemi autonormativi e ordinamento statale, applicando una metodologia mutuata dall'impostazione di Santi Romano ma ambientata sul terreno del diritto penale e delle sue alternative. Nel quarto capitolo l'indagine si rivolge verso i più eminenti esempi di autonormazione manifestatisi nell'ordinamento italiano: i modelli organizzativi ex D. Lgs. 231 del 2001; i piani per la prevenzione della corruzione nella P.A.; le linee guida medico-chirurgiche per lo svolgimento delle attività sanitaria. Oltre a una disamina ricognitiva della disciplina di questi sub-sistemi normativi, i tre banchi di prova vengono scandagliati in chiave struttural-funzionalistica alla luce dei criteri di analisi illustrati nel secondo capitolo e ricavati nel terzo. Il capitolo 5 chiude il lavoro proiettando i risultati delle ricerche sul piano della teoria del reato, per verificare quale impatto abbia/possa avere l'autonormazione sulla dogmatica. Dopo aver passato in rassegna le possibili ricadute sulle diverse categorie penalistiche, la chiosa finale valorizza il potenziale del diritto riflessivo come candidato ideale per la concretizzazione della clausola di extrema ratio in materia penale. L'uso dell'autonormazione come strumento alternativo rispetto al diritto penale viene ritenuto, infatti, il profilo applicativo più promettente e degno di essere ulteriormente esplorato. ; One of the crucial challenges of Criminal Law in the new millennium is to deal with the complexity of contemporary society. The traditional approach based on the State monopoly on criminal matters keeps abreast no longer with the scientific-technological sophistication and the rate of changes in criminal behavior in the era of globalization. In this scenario, we witness the rise of Self-Regulation as an auxiliary tool of crime prevention, whose main goal is to fill the vacuum and to compensate for the rapid obsolescence of state legislation. Compliance Programs, Anti-Bribery Plans, Clinical Guidelines are some of the elements of a diverse constellation of cases in which preventive measures, behavioral rules, surveillance, and sanctions are issued and enforced by a legislator who coincides with the recipient, and which is often a private actor. Nevertheless, the ambivalence of Self-Regulation lies in the fact that – in the face of some positive externalities promised – this paradigm could jeopardize some of the fundamental principles of Criminal Law. The aim of this work is to provide a critical analysis of such phenomenon in order to verify the compatibility of Self-Regulation with the Rule of Law and to assess its efficacy in deterring and detecting misconducts.

By increasing access to finance for out-of-reach households and families, microfinance continues to be an essential tool for improving livelihoods at the base of the pyramid. The last 20 years have seen remarkable growth in the microfinance sector. From its early stages in small-scale microenterprise lending, through its commercial expansion to offer savings and a broad array of financial services to low-income customers, to its entry into new markets and incorporation of technological innovations, microfinance is ensuring that an ever-greater number of households have permanent access to a range of high-quality and affordable financial services. The microfinance industry is estimated at $60 to $100 billion globally, where several thousand microfinance organizations reach an estimated 200 million clients, most of whom were not previously served by the formal financial sector. However, 2.5 billion adults still lack access to formal financial services. Financial services for low-income people are an important factor when it comes to poverty reduction, as it enables them to build assets, increase incomes and reduce their vulnerability to economic stress. Moreover, microfinance continues to be an important tool when it comes to empowering women. IFC is the World Bank Group s main investor in microfinance, working with around 300 microfinance institutions (MFIs) and SME-focused financial institutions, which provide financial services in 91 countries. IFC is also one of the leading global investors in terms of volume. In fiscal year 2014, we committed $519 million in 43 projects with MFIs. Our cumulative investment portfolio in microfinance exceeded $3.5 billion, with outstanding commitments of $2.0 billion. In fiscal year 2014, IFC advisory services comprised $74.2 million, representing advisory assistance for 86 projects. This smart book, titled from small beginnings to great opportunities, presents practical lessons learned from the work that authors have been doing on microfinance projects over the last twenty years. From launching the Microfinance Enhancement Facility to help the industry stay afloat during the time of crisis, to working on a project to support microfinance clients to fulfill their housing dreams, these narratives are both engaging and insightful.