Supranational Regulation Research Articles

Legal protection of green trademarks in the Eurasian Economic Union

Rapid development of integration processes in the post-Soviet space leads to the formation of supranational legal regulation within the framework of regional international organizations. The Eurasian Economic Union is no exception. The authors study the process of harmonization of normative regulation of legal protection of trademarks in the national legislation of the Eurasian Economic Union member states taking into account the provisions of the Treaty on the Eurasian Economic Union and other international agreements. As a result of the analysis, the authors conclude that the national trademark legislation of the Eurasian Economic Union Member States is not sufficiently unified, which may have a negative impact on the legal protection of trademarks in individual countries.

Portraits of the evaluation of higher education: presentation of cases from Brazil, Portugal and England

The globalization of the idea and evaluation processes of educational systems lead to the emergence of the debate about the relation between the homogeneity of the abstract universal models and the heterogeneity of the experiences with the evaluation in each national context. Therefore, such relationship is taken as the guiding principle of this article: the scenarios of the assessment of higher education in Brazil, Portugal and England are here scopes for a comparative analysis with the central purpose of characterizing and situating them in the broader or global context of state and supranational regulation. The National System of Evaluation of Higher Education (SINAES) in Brazil, the Portuguese Evaluation and Accreditation System (coordinated by the Agency for Evaluation and Accreditation of Higher Education, A3ES, a private law foundation), as well as the recent Teaching Excellence Framework (TEF) from the United Kingdom serve as corpus for this study. The main conclusions of the study revolve around the narrowing of the relations between education and economics in higher education, expressed in the conceptions, regulations, criteria and the political and social uses of the evaluation systems of this level of education in the countries analyzed.

Polish Ethnic Minority in Belarus and Lithuania: Politics, Institutions, and Identities

AbstractThis article analyzes how institutions influence the process of identity formation within the Polish minority communities in Belarus and Lithuania. We focus on ways that the identities of people who consider themselves Poles in Belarus and Lithuania are targeted by institutions like the state, schools, and nongovernmental organizations. We aim to shed light on how these processes are shaped by institutional settings and broader political contexts. The authors take a bottom-up approach to institutions and look at how members of the Polish communities in the two neighboring countries conceptualize the role of various institutions—NGOs, schools,Karta Polaka(the Polish Card)—to shape their sense of ethnic belonging. The article is built on a cross-case analysis. Data for the Lithuanian and Belarusian cases, consisting of interviews and secondary sources, were collected independently and then reread in light of a common research question. Through our analysis, we show differences and similarities in how analogous institutions function on the two sides of the border and elaborate on the reasons why these differences occur and what role state policy and supranational regulations play in the process.

Online Platforms as a Modern Marketing Tool (Through the Example of the European Union)

Aim. The presented study aims to assess the impact of Internet platforms on the efficiency of commercial and economic activities of agents, through the example of the European Union (hereinafter — the EU). Tasks. The authors consider the characteristics of the European Union’s marketplaces, assess the impact of social networks on consumer shopping habits, examine e-commerce statistics in the European Union and the initiatives taken by the EU to improve e-commerce. Methods. This study uses general methods of cognition to identify the specific features of product promotion in the online space, analyze statistical indicators, and determine the relationship between the use of digital information processing channels and the demand for goods. Results. Examination of marketplace platforms shows that they are not a perfect channel for promoting products online. However, their significance has been growing rapidly in recent years. Platform solutions such as mobile networks and social networks significantly increase online sales. However, online channels have both advantages and disadvantages, which the European Union solves by introducing supranational regulation of online sales agents. Conclusions. Further improvement of e-commerce processes requires supranational regulation and consumer engagement to increase their awareness of the opportunities provided by e-commerce.

The European Regulatory Conundrum to Face the Rise and Amplification of False Content Online

In the last couple of years, the dissemination of false content online has raised serious concerns worldwide. As a result, states have attempted to tackle disinformation in different ways. Regulating disinformation requires solving the following dilemma: How and to what extent can we regulate (false) speech? It is not by chance that democratic and authoritarian countries have followed different regulatory paths in this field. The social media landscape has contributed to increasing the complexity in the fight against disinformation. The pandemic has then amplified the challenges coming from the spread of false content. This work aims to outline anti-disinformation trends in Europe. By focusing on Europe as one of the most interesting areas of the world to analyse regulatory attempts concerning disinformation, the primary goal of this work is to provide a nuanced approach in this field, going beyond the mere description of supranational and legislative regulation and looking at the European regulatory framework under a multilevel constitutional perspective.

Regulatory competition in banking: Curse or blessing?

In a two-country general equilibrium setting, we study competition between governments with two policy tools: capital requirements and a bank tax. Since banks raise equity and deposits from domestic and foreign households, governments face cross-country externalities the sign of which depends on the extent of positive spillovers, i.e., revenues from taxing banks, and negative spillovers, i.e., deposit guarantee costs. We show that regulatory competition yields the efficient allocation when governments have at their disposal policy tools that enable them to optimally internalize domestic distortions. Our first finding is that this is the case when governments are not restricted by supranational regulation. Our second finding is that supranational regulation may or may not impede efficiency. This conclusion is the result of a detailed analysis where we consider conceivable supranational regulatory schemes, derive their welfare implications and identify those that cause inefficiencies.

Macroprudential Policy on an Uneven Playing Field: Supranational Regulation and Domestic Politics in the EU's Dependent Market Economies

AbstractCentral bankers and financial regulators in East Central Europe and the Balkans regularly employed macroprudential policy before the global financial crisis and continue to be among its most active proponents in the European Union. We draw upon the Dependent Market Economy framework to explore how the EU's five DMEs – the Czech Republic, Hungary, Poland, Romania, and Slovakia – have used macroprudential policy to manage the uneven distributional effects of financial globalization and European integration. We contend that while structural and EU‐specific institutional factors define the available policy space, policy choices within that space depend upon how domestic actors translate macroprudential policies into their local contexts. Overall, our analysis highlights the social impact and challenges to European integration of heavy DME reliance on macroprudential policy making, especially when motivated by domestic financial nationalism.

The need and convenience of harmonizing cross-border takeover regulation in the Pacific Alliance; Lessons from the U.S., U.K. and E.U. experience

This article will answer the question of whether or not it is necessary and/or convenient to harmonize cross-border takeover regulation in the context of a Latin American economic block such as the Pacific Alliance. To this effect an overview of what the Pacific Alliance is, and the way how multiple economic sectors and areas have been integrated during the recent years will be made, specifically focusing on the creation and legal framework of the Latin American Integrated Market. Also, a general overview of the current takeover regulations of the four member countries will be analyzed in order to see where supranational regulation and harmonization is further needed in order to enhance and deepen the integrated market and the economic block as such. An analysis of the main lessons rendered throughout recent history from takeover regulation systems such as the U.S., U.K. and E.U. will allow us to make closing remarks[1].[1]This research was made by the author after having taken the “Takeover Regulation” course taught by Dr. David Kershaw at the London School of Economics Executive LLM Program.

Waste-to-Energy in the EU: The Effects of Plant Ownership, Waste Mobility, and Decentralization on Environmental Outcomes and Welfare

Waste-to-energy (WtE) could prevent the production of up to 50 million tons of CO2 emissions that would otherwise be generated by burning fossil fuels. Yet, support for a large deployment of WtE plants is not universal because there is a widespread concern that energy from waste discourages recycling practices. Moreover, incineration plants generate air pollution and chemical waste residuals and are expensive to build compared to modern landfills that have appropriate procedures for the prevention of leakage of harmful gasses. In the context of the EU, this paper aims to provide a picture of the actual role of WtE as a disposal option for municipal solid waste (MSW), enabling it to be utilized as a source of clean energy, and to address two important aspects of the debate surrounding the use of WtE; namely, (i) the relationship between WtE and recycling, and (ii) the effects of decentralization, waste mobility, and plant ownership. Finally, it reviews the role of the EU as a supranational regulator, which may allow the lower government levels (where consumer preferences are better represented) to take decisions, while taking spillovers into account.

MODELING OF ECONOMIC SAFETY OF SUSTAINABLE NATURE MANAGEMENT FINANCIAL SUPPORT

The study systematizes mutual influences and connections of the economic safety of bank sector functioning as a whole, bank activity (state and commercial) at the fund market and financial support of sustainable nature management, taking into account bank strategies “threading” by Sustainable development aims of UNO till 2030 of both own activity (concrete examples are given) and one of market agents of the nature-resource sector of the national economy, for which a financial-credit institution acts as a specific financial provider in the world of sustainable nature management and comprehensive development, taking into account the global ecologic initiative. There are given parallels in aim setting of supranational and national regulators in two opposite and at the same time complementary conceptions: “green economy” and “financial globalism”, expecting dynamism of unpredictability and inertia of global financial stability absence on the ecologically influenced stability of the economic dynamics. There are constructed correspondent econometric dependence models of a triad “financial safety of the bank sector – financial support stability – nature management sustainability” on variables – corporative equity and bond issue, using special methods and program environment Eviews and Statistica. It has been revealed, that the market of bonds and the one of equities differently react on changes of the economic dynamics – the equity issue volume, as opposite to corporative bond issue, doesn’t depend on nature management sustainability indices, and its financial support stability is not in the sphere of financial-economic parametrization, but in the political conjuncture, socio-psychological and mental transformation in the direction of economic subjects’ readiness to conducting ecologically and at the same time socially responsible business that needs modernization of the purpose orientation of safe bank strategies, taking correspondent anti-crisis arrangements by them for providing safety of their activity at the fund market under conditions of intensification of the COVID-19 pandemic influence. Obtained modeling results may be used by the National bank of Ukraine for actualizing the macroprudential policy, directed on elimination of system risks for preventing crises or diminution of losses from them by the system of financial stimulation of rational nature management.

Regulatory Cooperation in Securities Market Regulation: Perspectives from Australia

The global financial crisis highlighted the interconnectedness of international financial markets and the risk of contagion it posed. The crisis also emphasized the importance of supranational regulation and regulatory cooperation to address that risk. Yet, although capital flows are global, securities regulation is not. As a 2019 report by IOSCO notes, the regulatory challenges revealed during the global financial crisis have by no means dissipated over the last decade. Lack of international standards, or differences in the way jurisdictions implement such standards, can often result in regulatory-driven market fragmentation. This article considers a range of cooperative techniques designed to achieve international regulatory harmonization and effective cross-border financial market supervision. It discusses three major techniques: (i) transgovernmental networks of financial regulators; (ii) complex multilateral arrangements; and (iii) mutual recognition agreements, and considers the benefits and downsides of each of these regulatory mechanisms. The article focuses particularly on developments in Australia. It examines, for example, a high profile cross-border supervisory experiment, the US-Australian Mutual Recognition Agreement, which the SEC and Australia’s business conduct regulator, ASIC, signed in 2008. This was the first agreement of its kind for the SEC. The article also considers some key regulatory developments in Australia and Asia since the time of the US-Australian Mutual Recognition Agreement.

Regulatory Cooperation in Securities Market Regulation: Perspectives from Australia

The global financial crisis highlighted the interconnectedness of international financial markets and the risk of contagion it posed. The crisis also emphasized the importance of supranational regulation and regulatory cooperation to address that risk. Yet, although capital flows are global, securities regulation is not. As a 2019 report by IOSCO notes, the regulatory challenges revealed during the global financial crisis have by no means dissipated over the last decade. Lack of international standards, or differences in the way jurisdictions implement such standards, can often result in regulatory-driven market fragmentation. This article considers a range of cooperative techniques designed to achieve international regulatory harmonization and effective financial market supervision. It includes discussion of a high profile cross-border supervisory experiment, the 2008 US-Australian Mutual Recognition Agreement, which was the first agreement of its kind for the SEC. The article also examines some key regulatory developments in Australia and Asia since the time of the US-Australian Mutual Recognition Agreement.

Двухуровневая игра процесса обеспечения ответственности за нарушение права ЕС

This article seeks to reveal the role of compliance in the functioning of the European Union as a system of multi-level governance and to observe the factors determining the differentiation of EU member states by the level of compliance with the European Union law. In order to determine this level, it is necessary to concentrate on three main stages of compliance: (1) transposition of the norm, (2) implementation of the norm and (3) application of the norm. The author concludes that, within the framework of the compliance process, member states and institutions of the EU, primarily the European Commission, participate in a “two-level game”, in which they evaluate the gains and costs of choosing one or another strategy associated with the three stages of compliance. The European Union countries choose between: (1) unconditional compliance, (2) negotiation of better compliance conditions, and (3) ignoring the normative requirements for the longest possible period of time. In turn, supranational regulators, in their attempts to combat violations of the EU law, choose between the “soft” instruments of enforcement to compliance and the “hard” instruments of infringement. The choice of compliance strategies at the lower (national) level of power is determined by the following factors: (1) the level of economic development of the state, (2) the influence and role of the state within the framework of EU institutions, (3) the strength of the administrative apparatus of the state, (4) the coalition potential of the state and (5) legal fit. Thus, some states violate the European Union law intentionally (voluntary non-compliance), while the difficulties of the compliance process for other countries are determined by objective reasons of a socio-economic nature (involuntary non-compliance). In turn, the supranational level of the “two-level game” when choosing a compliance strategy is guided by both administrative and reputational motives. Acknowledgements. The article uses the results of the Project “Strategies and Mechanisms of Maintaining the Stability in Multi-Level Political Systems”, conducted as part of the HSE University Fundamental Research Program in 2019.

Looking into the Future Strategic Foresight in National and EU Institutions

Public decision-makers have always tried to anticipate future events to handle efficiently new regulatory challenges. In recent years, however, public administrations have engaged more structurally and systematically with strategic foresight. The scale, haste and complexity of issues to be regulated, on the one hand, and the necessity for public sector institutions to adopt inclusive, innovative and adaptive methods in the exercise of regulatory powers, on the other, have contributed to the growing relevance of horizon-scanning and future-thinking into the public sector. This paper sets out by analysing how strategic thinking and oversight have expanded at the public sector level. It firstly provides an overview of European governments. The approaches of European policy-makers vary both in terms of substance and administrative structures dedicated to foresight. Depending on the case, they may opt for centralised or decentralised foresight bodies or they can rely more or less frequently on external expertise. The same applies to non-EU countries’ approaches to future-thinking, to which this briefing dedicates a cursory analysis. Supranational regulators, and specifically the European Union, make no exception in this regard. Foresight activities at the Union level are carried out through dedicated structures and developed through collaboration with strategic policy advice mechanisms. The new European Commission has committed to strengthen strategic foresight in EU policy-making in order to help EU institutions to better design laws, as well as developing future-oriented policies. The plan includes the set-up of a EU Network of Strategic Foresight, bringing together the best of EU institutions and the member states, as well as the preparation of a yearly Foresight Report on the most relevant emerging trends. The analysis of strategic foresight by national and Union institutions shows that foresight activities and civic engagement are dependent on each other. Supported by technology, policy-makers can crowdsource the 'civic surplus' (ideas and skills) held by individuals and communities, thus providing smarter solutions to future regulatory challenges. The conclusive remarks of the briefing stress this aspect, by pointing at the relevance of collective intelligence in foresight studies.

Legal support of the activities of the customs authorities as a factor of the sustainable development of the Russian economy

Poor quality and insufficient legal support for the activities of the customs authorities have a negative impact on the development of the Russian economy. The conducted evaluative historical and legal studies of the legal support of the activities of the customs authorities of the Russian Federation indicate the need for a detailed study of the regulations governing the activities of the customs. The study of the features of the current state of legal support for the activities of the customs authorities of the Russian Federation in the conditions of the functioning of the Eurasian Economic Union expands the empirical material that was collected in the course of the study, which makes it possible to apply the results obtained to study the influence of the supranational legal regulation on customs legal relations at the national level. The presented value judgments can be used in forecasting the development of the Russian economy. To establish the effectiveness of the legal support for the activities of the customs authorities and establish its impact on the sustainable development of the Russian economy, it is necessary to scientifically justify the methodological foundations that reveal the action of such a mechanism.

Supremacija nacionalne ili nadnacionalne bankarske regulative i nadzora?

Supremacija nacionalne ili nadnacionalne bankarske regulative i nadzora?

РЕЖИМ ПЕРЕМЕЩЕНИЯ КУЛЬТУРНЫХ ЦЕННОСТЕЙ В ЕАЭС

The article discusses the peculiarities of moving cultural values across customs borders of the Eurasian Economic Union (EAEU). The introduction of restrictive regimes for the export and import of cultural values is determined, on the one hand, by the desire of states to activate integration processes for the development of economic, social, and cultural interaction, and, on the other hand, by the aim to preserve their cultural heritage. The aim of the study is to identify comparative characteristics of national regimes of moving cultural property and determine their correlation with similar supranational rules. The article includes an analysis of the EAEU member states’ “cultural” legislation (Russia, Belarus, Kyrgyzstan, Armenia, and Kazakhstan) and the EAEU intergovernmental acts such as the Treaty on the Eurasian Economic Union with Annexes. The authors also review the judicial practice of Russian courts, the advisory opinion of the Court of the Eurasian Economic Union and decisions of the Eurasian Economic Commission. The methodological basis of the article consists of genetic and structural-functional approaches; analysis and synthesis; special formal legal and comparative legal methods. The analysis of supranational regulation of moving cultural values allows drawing attention to the ambiguity of the EAEU law connected with the subjects that introduce the restrictions of moving certain goods, including cultural values, in the territory of the Union. It is against this background that the increasing importance of the systemic correlation of national restrictive norms is shown. Meanwhile, there are differences in the temporal aspects of the regimes (the period for obtaining an export license is from several days to several months; there are different deadlines for temporary export and examination), in procedural requirements (provision of cultural values for inspection could be obligatory or necessary only under certain conditions), in financial support (payment for carrying out the necessary procedures for the export of cultural values such as examination, for example), etc. The authors note that the content of the permissive regimes for moving cultural values across national borders is disjointed. In the context of the ambiguity of supranational legislation, it is expedient to make a judgment about the prematurity of introducing rules on the priority of the EAEU law regarding the procedure for the export and import of cultural values across the Russian state border into the legislation of the Russian Federation. This judgment is supported by amendments to the Constitution of the Russian Federation on the conditions for the application of international standards in the territory of Russia. In this regard, an algorithm for minimizing regulatory diversity in the movement of cultural values within the EAEU is proposed.

Общественные предубеждения против лоббирования и его регулирование как способ их преодоления

This article focuses on a wide range of biases against lobbying, which emerge as myths, misconceptions, and stereotypes. These biases skew the image of reality around lobbying, which can be addressed by the introduction of its regulation. Such practice exists in over 20 countries, most of them being members of the EU. Regulation of lobbying in these and other countries is practiced both at the national and the subnational levels. EU also gives an example of supranational regulation of lobbying. The proliferation of lobbying regulation across so many countries has encouraged international organizations such as the Commonwealth of Interdependent States, OECD, and the Council of Europe to develop recommendations on lobbying regulation for their country members.

Control aduanero y el destino de las mercancías incautadas en la Dirección Distrital de Aduana Tulcán, periodo 2015 -2018

El siguiente proceso investigativo enfocado en el Control aduanero y el destino de las mercancías incautadas en la Dirección Distrital de Aduana Tulcán, periodo 2015-2018, partiendo de un enfoque en diferentes términos del Control Aduanero según La Organización Mundial de Aduanas (OMA), Convenio de Kyoto, La Asociación Latinoamericana de Integración (ALADI) y El Código Orgánico de la Producción, Comercio e Inversiones (COPCI), como el conjunto de medidas adoptadas por la Autoridad Aduanera con el objeto de asegurar el cumplimiento de todas las formalidades en respecto a la legislación, aplicación o ejecución de competencia o responsabilidad, por lo cual deberán someterse a los distintos operadores de comercio exterior y sobre las personas que entren y salgan del territorio aduanero. El enfoque aplicado al presente artículo científico es de carácter Teórico – Analítico en franca proyección hacia la generación de un análisis – síntesis de la temática tratada, mediante la metodología documental, y uso de herramientas estadísticas. Este sistema de estudio permitió recuperar información relevante de revistas científicas, páginas acreditadas, libros, entre otros. El Servicio Nacional de Aduana del Ecuador (SENAE), tiene como objetivo facilitar las operaciones de comercio exterior, del cual se obtuvo datos reales sobre el tema planteado, las técnicas que se utilizaron en los procesos operativos de control aduanero, se presentan los resultados de los controles efectuados en la Dirección Distrital de aduana Tulcán, análisis e interpretación de actas de aprehensión y resultado del paso ilegal y del incumplimiento de las formalidades aduaneras en el ingreso a territorio nacional en los años ya establecidos en la investigación. Finalmente, el objetivo de la investigación es dar a conocer el destino aduanero que se les da a las mercancías incautadas por la Dirección Distrital de aduana Tulcán, en consideración a los procesos jurídicos, análisis e informes de instituciones públicas relacionadas al control de calidad de productos para el consumo humano y la normativa nacional y supranacional.

Games vs (Democratic) Deficits: The Challenges of Digital Gamification for Supranational Regulators

An acute problem at the national level, the deficit of openness and transparency among supranational regulators is even more critical and actual. Following on the expansion of their regulatory powers, decision makers operating beyond national borders are criticized for their inherent democratic deficit, opaque operations and lack of legitimacy. The proposed paper investigates the use of digital “gamification” strategies - i.e. the introduction of game-design elements into regulatory policies - by supranational regulators - including both international institutions such as the World Bank (WB) and the United Nations (UN), and supranational institutions, such as the European Union (EU) and the European Central Bank (ECB). Section 1 describes the use of gamification in governance and investigates the reasons motivating supranational regulators to experiment with gamification. Section 2 of the paper develops a conceptual understanding of the uses of gamification in supranational governance. Section 3 ventures beyond the empirical analysis to address the impact of gamification strategies on the exercise of public power in supranational contexts.