bluuebunny/crossref_metadata_2025 huggingface dataset:
Our Authority over Our Own Happiness
Authors: Feldman Fred
Published: May 2010

Writers on happiness often discuss a question about our authority with respect to our own happiness. Some maintain that we do have authority; others deny it. This is a vexed topic, in part because talk of ‘authority’ is ambiguous. To say that a person “has authority” over his own happiness might be to say that he has knowledge about his own happiness. In another sense it might be to say that she has some sort of control over how happy she will be. Section 11.1 contains discussion of several different principles about epistemic authority. Arguments are presented to show that all these principles about epistemic authority are false. Section 11.2 contains discussion of several different principles about controlling authority. Each of these principles is false. A strategy for increasing one's own level of happiness is proposed. If Attitudinal Hedonic Eudaimonism is true, then there is a procedure that we can use to make ourselves happier.
Measuring Happiness
Authors: Feldman Fred
Published: May 2010

Empirical scientists often engage in research designed to reveal the relationship between happiness and such things as age, wealth, or nationality. Some of the tests used to measure happiness are based on the notion that a person's level of happiness is equal to his level of satisfaction with his own standing in several domains of life such as marriage, work, finances, health, leisure‐time activities, and housing. There are reasons to doubt that the scores generated by this “domains of life” approach correspond to anything worthy of the name ‘happiness'. If it is a mistake to identify happiness with life satisfaction, then even if a test accurately measured life satisfaction, it still would not be measuring happiness. A better test is sketched. The proposed test would give more accurate assessments of the levels of happiness of the subjects in a variety of cases. Criteria for the evaluation of happiness measuring tests are presented and applied.
Empirical Research; Philosophical Conclusions
Authors: Feldman Fred
Published: May 2010

Philosophers and others have alleged that empirical research on happiness has important implications for some long‐standing philosophical questions about happiness. The distinguished British economist Richard Layard seems to claim that the empirical research such as that done by the psychologist Richard Davidson has philosophical implications. Layard apparently thinks that this empirical research supports the conclusion that “there is such a thing as happiness”. He also suggests that it demonstrates that interpersonal comparisons of levels of happiness are feasible. Finally, there is a suggestion that this research might help to show that happiness is a natural kind rather than a mere figment of “folk psychology”. In this chapter, the relevant empirical research is described. There is an attempt to reconstruct the arguments that purport to show that the empirical research supports the philosophical conclusions. In each case it turns out that the research does not have any relevance to philosophy.
The Central Points of the Project as a Whole
Authors: Feldman Fred
Published: May 2010

Chapter 14 summarizes the main points of the book. The reader is reminded that Part I focused on the descriptive concept of happiness. This is not itself an evaluative concept; it is probably a matter of psychology. The main philosophical theories about the nature of happiness so construed were critically examined. Attitudinal Hedonism about Happiness was then offered as a more plausible alternative. Part II started with a discussion of the relevant concept of welfare, or well‐being. It was suggested that welfare tracks happiness—the happier you are, the better your life is going for you. Part III contained discussion of some questions concerning interactions between the philosophical theory of happiness and empirical research. An approach to the measurement of happiness was sketched. This approach emerges from the theory of happiness defended in Part I. Questions were raised about the philosophical relevance of empirical research on happiness.
Soft Innovation
Authors: Stoneman Paul
Published: May 2010

At its heart this book is about innovation and the innovation process. On the way, it considers culture and the cultural industries, aesthetics, creativity and the creative industries, and a number of other similar areas of study, but the common point of interest is innovation. One main purpose of the book is to argue that there is a type of innovation, here labelled soft innovation, primarily concerned with changes in products (and perhaps processes) of an aesthetic or intellectual nature, that has largely been ignored in the study of innovation prevalent in economics. Examples of innovations that, as a result of this refocusing, are here placed at the centre of the analysis, include the writing and publishing of a new book; the writing, production, and launching of a new movie/film; the development and launch of a new advertising promotion; the design and production of a new range of furniture; and architectural activity in the generation of new-built form designs. The realisation of the existence of soft innovation means that not only is innovation more widespread than previously thought, but may also take a different form than commonly considered. The book has three parts. Part 1 is concerned with attempts to define and measure the extent and nature of soft innovation, with Chapter 1 introducing and overviewing the whole. Part 2 of the book is directed towards the economic analysis of soft innovation. Part 3 of the book is concerned with impacts and implications.
3 Aggregate Measures of Soft Innovation
Authors: Stoneman Paul
Published: May 2010

This chapter takes a macro economic view and attempts to provide some feel for the extent of such innovation in the economy as a whole and the economic activities built upon it. At the macro level, indicators of soft innovation include the numbers of creative employees in different sectors, the extent of design activity, and head counts of copyrights and registered trademarks. The difference between the latter and indicators of R&D spending is considered as potentially the most useful on account of both concept and data availability. It is shown that that the extent of soft innovation in the creative and other industries is extensive, probably greater that that indicated by measures of formal R&D activity, and also growing faster than TPP activity. Across industries, the apparent balance in innovative effort between sectors after taking account of soft innovation is also shown to be much more even than reliance upon measures of TPP innovation alone would suggest.
5 Soft Innovation Outside the Creative Industries: Food, Pharmaceuticals, and Financial Services
Authors: Stoneman Paul
Published: May 2010

This chapter is the second taking a micro view and explores the role of soft innovation in three industries outside the creative industries, i.e. food, pharmaceuticals, and finance. Outside the creative sector the measurement of soft innovation is hampered by data availability. However, it is possible to observe extensive soft innovation as reflected in new product launches that do not reflect changed functionality. This is especially prevalent in the food industry, but also can be found in banking and pharmaceuticals. The study of generics in pharmaceuticals suggests that soft innovation activity may be the larger part of innovative activity in that industry. All the data at differing levels of aggregation indicates that rates of soft innovation are high and that such innovation is widespread and extensive. The chapter argues that to concentrate solely on TPP innovation and to ignore soft innovation provides only a limited and biased picture of total innovative activity.
8 The Diffusion of Soft Innovations
Authors: Stoneman Paul
Published: May 2010

This chapter considers alternative models of the demand for (diffusion of) soft innovations. From the several models, the list of factors shown to be important in the innovation process includes the level and, particularly, changes in costs of generating and developing innovations, fixed costs of production, variable production costs, the number of suppliers, the allocation of buyers' preferences, buyers' knowledge bases, buyers price, and technology expectations and the nature of the product. The theoretical analysis in Chapters 7 and 8 also jointly shows that there is no guarantee that free markets will produce a welfare optimal outcome. The outcome may involve either too much or too little variety and innovation. The market failure thus identified can come from a number of sources. One general source is that there are positive or negative externalities in the market that drive a wedge between private and social incentives. Other factors such as creative destruction effects and the standing on shoulders effects also have a role to play.
10 Soft Innovation, Intellectual Property Rights, Competition, and Welfare
Authors: Stoneman Paul
Published: May 2010

This chapter explores the role of intellectual property rights in the process of soft innovation, and the extent to which the standard analysis is appropriate and can provide insight or requires modification. Analysis usually applied to patents is extended to copyrights, trade marks and design rights. The functioning of the UK (and European) IPR system is also discussed, as is the benefit of contestable markets.
11 The Impact of Soft Innovation upon Firm Performance
Authors: Stoneman Paul
Published: May 2010

This chapter is concerned with impacts and policy, and addresses the private returns to investment in soft innovation. It shows that the existing literature on impacts is, not surprisingly, dominated by TPP-based approaches and, although such approaches can and have been applied to soft innovations using soft innovation proxies such as head counts and trademarks, it is argued that such approaches are not ideal. Instead, a number of successful soft innovations are presented as examples which show that soft innovation may stimulate firm performance and increase producer surplus.
12 Soft Innovation and Government Policy
Authors: Stoneman Paul
Published: May 2010

This chapter considers policy issues. Given the potential benefits of soft innovation it is natural to consider whether government can speed up or extend such activity. However, this is not necessarily welfare desirable. The real issue concerns whether markets will or will not, unaided, produce the welfare optimal outcome. The literature considered shows that this question cannot be answered irrefutably in either direction. Market failure is thus not a strong ground on which to base policy intervention. Alternatively, international comparisons of soft innovation performance may be used by governments as a basis for policy. The chapter shows that the UK is not the international leader in soft innovation. Looking at returns to the Community Innovation Survey provides some insight into barriers to innovations and may be argued to support certain policy interventions. There is also only limited evidence on the potential effectiveness of policies.
2 IPR and US Economic Catch‐Up
Authors: Mowery David C.
Published: May 2010

This chapter discusses the case of USA, in which economic catch‐up with such European countries as Britain and Germany occurred during the final decades of the nineteenth century. Throughout this catch‐up process, its growth trajectory changed from the one that relied on expanding capital and labor inputs to a more knowledge‐intensive one. It acquired knowledge needed for this transition from outside as well as from within. The patent law was enacted in 1790, soon after its independence, and influenced the development of corporate structure and strategy. The chapter discusses the technology transfer and intellectual property protection in the textile industry that occurred mainly in 1810–60, the “Golden Age” of the independent inventor, such as Edison, in 1860–1900, the patent regime and economic catch‐up in organic chemicals in 1900–30, and the relationship between patent policy, antitrust policy, and the structure of industrial R&D.
4 IPR and the Catch-Up Process in Japan
Authors: Odagiri Hiroyuki , Goto Akira , Sunami Atsushi
Published: May 2010

This chapter discusses the experience of Japan, whose catch‐up efforts started after the Meiji Restoration of 1868 that established the modern central government. It also had the second catch‐up period after the defeat in World War II. Its patent and other intellectual property laws were enacted during 1884–8. The laws have been modified several times to accommodate increasing applications and changing needs. Japan imported numerous technologies from abroad through licensing, joint ventures, capital participation by foreign firms, and reverse‐engineering. The presence of IPR probably facilitated technology importation and gave incentives for domestic firms to invest in improving imported technology and commercializing it. Yet, there are also cases in which IPR created cost disadvantages or barriers for Japanese firms, such as those of nylon and semiconductors. It is therefore extremely difficult to argue whether IPR helped or deterred Japan's catch‐up.
5 IPR and Technological Catch‐Up in Korea
Authors: Lee Keun , Kim Yee Kyoung
Published: May 2010

This chapter discusses the catch‐up experience of Korea, in which the present intellectual property legislation was established in 1961. Three stylized facts are noted about patenting trend: shift from petty (utility) patents to regular (invention) patents, shift from individual inventors to corporate inventors, and shift of share among patent applications from domestic applicants (when foreigners had little interest in Korean IPRs) to foreign applicants and, in the 1990s, again to domestic applicants. These shifts suggest that Korean firms had accumulated high‐tech capabilities and became sensitive to IPRs by the mid‐1980s. Korean firms, particularly in electronics, invested heavily in R&D to accumulate their own technologies and, having learnt the importance of IPR through a number of patent‐related legal disputes with American and Japanese firms, started to utilize their own IPRs to achieve competitive advantages.
9 Accumulation of Technological Capabilities and Economic Development: Did Brazil's IPR Regime Matter?
Authors: Mazzoleni Roberto , Póvoa Luciano Martins Costa
Published: May 2010

This chapter discusses Brazil. After a long period of decline, growth spurted during 1950–80 and, in 1968–73, the growth rate reached 11.2 percent. As three case studies illustrate, the patent system mattered little for Brazil's industrial development. The success of two national champions, Embraer (aircraft) and Petrobras (oil drilling), in building world‐class technological capabilities mostly derive from various government policies that promoted them, and the patent system neither helped nor hindered them. In the case of the pharmaceutical industry, where the patent system usually plays a more significant role, the 1969 patent law amendment to help domestic firms was not successful. Thus the chapter argues that a coherent government policy, including education policy and trade policy, rather than intellectual property policy, plays a much more significant role in deciding the rate and direction of the development of technological capabilities.
10 Relationships between IPR and Technology Catch‐Up: Some Evidence from China
Authors: Xue Lan , Liang Zheng
Published: May 2010

This chapter discusses the catch‐up process of China post‐1949, especially after the initiative of “Open Doors” since 1978. Domestic firms adapted to the intellectual property right system through gradual innovation, especially using utility models, i.e. petty patents. Even though most Chinese firms have not been able to become true innovators, several succeeded in developing innovative capabilities, such as Huawei, a communication equipment manufacturer. The litigation brought by Cisco against Huawei stimulated the formulation and improvement of Huawei's IPR strategy and, gradually, Huawei has developed new collaborative relationships with multinationals. However, this case is rather exceptional and most inventions are carried out by a handful of large firms. China's patent system has played an important role in stimulating innovation for both multinationals and domestic firms even though its net impact on technology transfer and domestic firms' catch‐up is yet unclear.
11 The Accumulation of Capabilities in Indian Pharmaceuticals and Software: The Roles that Patents Did (and Did Not) Play
Authors: Sampat Bhaven N.
Published: May 2010

This chapter discusses India. Following the 1972 patent law amendment that prohibited product patents in pharmaceuticals, new Indian pharmaceutical firms entered and old firms expanded, competing to reverse‐engineer bulk drugs. Also, two government pharmaceutical firms provided a training ground for scientists who later established private firms. Since the 1990s, some firms began to move away from imitation to innovation but, with the 2005 reform of the patent law to comply with TRIPS, the future of the pharmaceutical industry is yet unclear. In software, the growth was supported by the liberalization in the 1980s and 1990s that made the import of hardware and multinationals' investment easier, and by the presence of a large pool of technically trained engineers. Unlike pharmaceuticals, however, patents were generally not a big factor.
A crosslinguistic survey of the morphological diversity of adpositions and adpositional phrases
Authors: Hagège Claude
Published: May 2010

Now that a comprehensive characterization of adpositions (Adps) has been given in Chapter 2, this chapter studies them from the morphological point of view, showing the diversity they exhibit in this respect. This will be done in four steps. Section 3.1 first examines the distribution of Adps in the languages of the world, as viewed by various authors. Section 3.2 studies the word-order characteristics of Adps, and the Adp types these word-orders produce. Section 3.3 examines some special morphological characteristics of Adps and Adp-phrases. Section 3.4 examines the relationships between Adps and the main lexical units, verbs and nouns.
Introduction
Authors: Gisborne Nikolas
Published: May 2010

This chapter introduces the book as a whole. It presents the data set, and explores some of the issues that need to be addressed in a study of these verbs as well as indicating some general concerns in the study of event structure. It is observed that there are three main classes of perception verb — listen‐class verbs; hear‐class verbs; and sound‐class verbs — and there is some exploration of how different perception verbs fit into these categories, and what the core features of the categories are. This chapter locates the study in the relevant literature, and explains the features of Word Grammar, which is the organizing framework for the analysis in this book. It ends with a section describing what is coming up in the rest of the book.
Word Grammar
Authors: Gisborne Nikolas
Published: May 2010

This chapter presents the main salient features of Word Grammar. Word Grammar is a formal theory in the cognitive framework which eschews phrase structure, and which treats language as a network. The chapter begins with a chapter of reference in cognitive theories; moves on to an account of syntactic and semantic composition; explores default inheritance which is the formal aspect of Word Grammar; discusses argument linking, dependency types, and predicate types. The chapter ends with a discussion of some of the theoretical consequences of the Word Grammar position, and an account of what is forthcoming. The section on inheritance is the longest in the chapter, and it discusses some of the consequences of the WG treatment of inheritance for other topics that come up in the book such as polysemy and the question of whether syntax and semantics are discrete systems.
Perception Verbs and the Semantics of Content
Authors: Gisborne Nikolas
Published: May 2010

This chapter discusses listen‐class verbs and hear‐class verbs in terms of the claim that one of the building blocks of conceptual or cognitive semantics is the spatial organisation of meaning. It also explores these verbs in terms of force dynamics and theories of agency. Related to these two areas of concern, the chapter investigates the semantic and lexical relationships between the two classes of verb and also discusses their Aktionsarten. One of the claims is that the senses of agentive look and see instantiate the same concept.
Chapter 2 The European Commission: organizational capacities and staff resources
Authors: Trondal Jarle
Published: May 2010

Chapter 2 introduces the Commission organization and personnel. The Commission is pictured as a compound system of international bureaucracy, balancing departmental, epistemic, supranational, and intergovernmental dynamics in everyday decision‐making processes. The conditional mobilization of each of these dynamics is arguably conditioned by the Commission's organizational structure. The chapter also describes the Commission as balancing and integrating an autonomous civil service staffed mainly by permanent officials, however, supplemented by temporary short‐term contracted personnel from the member states.
Chapter 3 The autonomy of the European Commission reassessed
Authors: Trondal Jarle
Published: May 2010

Chapter 3 explores and reassesses the autonomy of the Commission. The ambition of this chapter is to reassess the behavioural autonomy of the Commission, as well as organizational conditions thereof. To accomplish this, Chapter 3 utilizes one under‐researched laboratory of the Commission: seconded national experts (SNEs). It is argued that SNEs may serve as a crucial test‐bed of Commission autonomy due to SNEs' ambiguous and short‐term affiliation towards the Commission. Whereas past studies claims that SNEs have a predominant intergovernmental behavioural pattern, this chapter demonstrates that the SNEs foremost blend departmental, epistemic, and supranational behavioural dynamics, thereby safeguarding their behavioural autonomy. This chapter also demonstrates that the autonomy of the Commission is organizationally contingent and not only subject to what Lipsky (1980: 19) calls actors' conspicuous desire for autonomy.
Chapter 5 Compound machinery of the Commission
Authors: Trondal Jarle
Published: May 2010

Chapter 5 benefits from an original and rich body of comparative surveys and interview data derived from current and former Commission seconded national experts (SNEs). This chapter demonstrates that the socializing power of the Commission is conditional and only partly sustained when SNEs exit the Commission. Any long‐lasting effect of socialization within European Union's executive machinery of government is largely absent. This chapter demonstrates that overall system loyalties towards the European Union as a whole seem to be rather sticky but that the socializing power of the Commission is conditional and only partially sustained when SNEs exit the Commission. The ‘temporal identity’ of SNEs as ‘EU civil servants’ is dependent on their primary organizational embedment within the Commission. This chapter thus demonstrates that the Commission's secondment system does not create enduring supranational loyalties towards an emergent European Executive Order.
Chapter 8 Bureaucratic autonomy and EU‐level agencies
Authors: Trondal Jarle
Published: May 2010

Chapter 8 contests that the alleged de jure autonomy of government bodies profoundly influence their de facto autonomy. The empirical test is a study of the factual autonomy of EU‐level agencies. This chapter presents organizational data from thirty‐five EU‐level agencies and survey and interview data from civil servants of seven EU‐level agencies. The data suggests that agency autonomy combines organizational and actor‐level characteristics. Firstly, organizational‐level autonomy consists of the accumulated organizational capacities of EU‐level agencies. Secondly, actor‐level autonomy contains a departmental decision‐making dynamic among the agency personnel. Essentially, Chapter 8 suggests that the de jure autonomy of EU‐level agencies is of minor relevance when assessing their de facto autonomy. Consequently, the bureaucratic autonomy of the emergent European Executive Order is less contingent on legal formulas than by everyday decision‐making processes among agency personnel.
Chapter 9 EU committee governance
Authors: Trondal Jarle
Published: May 2010

Chapter 9 explores the role of EU committees in the emergent European Executive Order. EU committees are important laboratories for studying transformational change that transcends the territorial dynamics of Westphalia because they have institutionalized the bringing together of domestic and Community officials. This chapter explores the following EU committees: The Commission Expert Committees (ECs) that prepare decisions for the Commission, the Council Working Parties (CWPs) that prepare decisions for the Council of Ministers, and the so‐called Comitology Committees (CCs) that assist the Council in controlling delegated powers to the Commission. Comparative survey data reveals that the intergovernmental dynamic is weaker within the ECs than within the CWPs and CCs. Hence, the picture of one unified EU committee system has to be sacrificed for the model of a compound committee system balancing multiple behavioural dynamics. The data seriously challenges sweeping generalizations of administrative fusion and bureaucratic engrenage. This chapter also demonstrates that deliberative dynamics are not omnipotent within the CCs as asserted by Joerges and Neyer (1997).
Chapter 11 Ambiguity and representation in an emergent European Executive Order
Authors: Trondal Jarle
Published: May 2010

Chapter 11 explores enduring ambiguities of representation within an emergent European Executive Order. Attention is directed towards how differences in domestic institutional constellations shape the representational roles of member‐state officials attending the Council Working Parties (CWPs). The primary argument is that role perceptions employed by national civil servants within the CWPs are considerably conditioned by actors' domestic institutional embedment. Comparing Belgian and Swedish officials attending working groups within the Council of Ministers substantiates this argument. This chapter shows that Belgian officials are more supranationally oriented than their Swedish counterparts and that this difference is related to varying levels of vertical and horizontal specialization, federalism, competition among veto‐players, the role of the Foreign Ministry, and the level of trust in domestic government compared to the level of trust in the European Union. Hence, supranational dynamics within the emergent European Executive Order is profoundly conditioned by the formal organization of domestic government systems.
Property Rights Created under Statute in Common Law Legal Systems
Authors: Barton Barry
Published: May 2010

Common law jurisdictions do not appear to have a generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes. This chapter inquires into the way that different courts — mainly those of Australia, Canada, England, and New Zealand — have approached the matter, and into the way that we may expect the interaction between legislatures and courts in common law jurisdictions to proceed in the future. It is shown that the case law is not producing any consistent body of doctrine by which to determine whether a statutory resource permit has a proprietary character to it, or whether property law ideas can properly be used to construe it. The legislature often pays little attention to such matters; often its general pronouncements fail to deal with the diversity of disputes that parties bring to the courts. Given this legislative track record, it is interesting to discover that the courts are often reluctant to be entirely bound by the legislature's expressions of intention.
Models for State Ownership on the Norwegian Continental Shelf
Authors: Hammer Ulf
Published: May 2010

Since the early 1970s, state ownership has been an important element in the management of petroleum resources on the Norwegian Continental Shelf (NCS). In recent years however, important developments have taken place, both as regards the organization and the management of state ownership. This chapter analyses these developments. Section I makes a basic distinction between state ownership of subsea petroleum deposits and state ownership of licence interests. Section II discusses state ownership of the subsea petroleum deposits. Section III discusses how the state manages its ownership in the petroleum activities, i.e. exploration, production, transport, and eventually, abandonment. Section IV further analyses how the state manages its licence interests through the state company Petoro; Section V concludes.
The Scope and Limitations of the Principle of National Property of Hydrocarbons in Mexico
Authors: Gonzalez Jose Juan
Published: May 2010

This chapter analyses the scope and limitations of the principle of national property over natural resources of the subsoil established by Art 27 of the Mexican Constitution. It discusses the difference between state and national property from a comparative perspective. In addition, it describes the evolution of the constitutional and legal framework regarding the role private investment has played in the public monopoly of oil exploration and exploitation. From this analysis, the chapter proposes the adoption of a new approach to make effective the principle of national sovereignty over oil resources without excluding the possibility of private investment participating in oil exploration and exploitation.
Who Owns the Economy? Property Rights, Privatization, and the Indonesian Constitution: The Electricity Law Case
Authors: Butt Simon , Lindsey Tim
Published: May 2010

Indonesia's 1945 Constitution reflects a broad mix of Leftist, nationalist and anti-colonial ideals that were influential at the time it was first drafted. Article 33 granted the state control over natural resources and essential industries, with the expectation that the Indonesian people — particularly the poor — would benefit from them. Art 33 provides for significant government intervention in the economy and has, from 1997, been a rallying point for opposition to market-oriented policies ‘pushed’ by multilateral lenders and donors. This chapter focuses upon the Constitutional Court's interpretation of Art 33 and its implications for property ownership and privatization in Indonesia. It begins by setting out Art 33 and aspects of the debates in 2001 in the MPR (Majelis Permusyawaratan Rakyat or People's Deliberative Assembly, entrusted with amending the Constitution) which resulted in the retention of that Article without amendment. It then discusses Indonesia's new Constitutional Court and its jurisdiction, before turning to the Court's treatment of Art 33, focusing on the Court's very first decision: the Electricity Law case.
Eminent Domain and Regulatory Changes
Authors: Erize Luis
Published: May 2010

The concept of eminent domain is defined more as an emanation of public powers than as an outright property right, referring thus to the authority of the Sovereign to legislate and to set forth rules applicable to the private parties. The two main issues that appear constantly in this sector are: (i) the Sovereign rights and authority over underground natural resources (eminent domain) versus the acquired rights (and thus, property rights) by holders of title to exploit such resources (with respect to reserves, as well as to the hydrocarbons produced); and (ii) the limits to regulatory powers, especially facing what is now being invoked as a state of necessity, whether as an exception to international law standards' enforcement or as a modification of the latter. The nature of the eminent domain is affirmed in Argentina's Hydrocarbons Law and in its Constitution, which refers to it as dominio originario in the new section 124. This chapter analyses the past, present and future of Argentine regulations in the light of the dialectic interplay between state intervention policies and private business initiative. It also describes the new scenarios resulting from these changes.
Restrictions on Foreign Investment in the Energy Sector for National Security Reasons: The Case of Japan
Authors: Nakatani Kazuhiro
Published: May 2010

Article 3 of the OECD Code of Liberalization of Capital Movements provides that a state can restrict foreign investment when it considers it necessary for the maintenance of public order or for the protection of its essential security interests. However, the concepts of public order and essential security interests are vague and the interpretation of these concepts is open to each state. States often impose restrictions on foreign investment in the energy sector and Japan is no exception. In May 2008, the government of Japan, in an unprecedented move, ordered The Children's Investment Master Fund (TCI), a British hedge fund, to drop a bid to raise its stake in J-Power, the biggest wholesale electric company in Japan. This chapter begins by surveying international rules and Japanese laws on foreign investment. It then considers the nature and content of the order by the government of Japan in the J-Power/TCI case.
Governing Common Resources: Environmental Markets and Property in Water
Authors: Godden Lee
Published: May 2010

Environmental markets, in concert with the rise of property-based instruments to regulate natural resources, have gained ascendancy in many areas once the preserve of more traditional forms of legal regulation. Prominent among the trends has been the development of cap and trade regimes that utilize property rights as specific instruments to achieve ‘efficiencies’ in the regulation of common pool resources such as water, and increasingly in emerging ‘resources’ such as greenhouse gas emissions. Adoption of property rights is regarded as instituting a system that prevents the ‘tragedy of the commons’. This chapter critically explores this view by considering the emergence of new forms of property rights in common pool resources. It then examines a case study of the emergence of water property rights and market-based mechanisms in water law. It focuses upon Australia, although some comparisons are made with other jurisdictions. Finally, the chapter analyses experience with the use of property rights and trade in water to suggest some potential opportunities and challenges that property rights and cap and trade regimes may pose for the governance of common pool resources more widely.
The Significance of Property Rights in Biotic Sequestration of Carbon
Authors: Lucas Alastair
Published: May 2010

This chapter explores the role of property rights in the design of appropriate legal structures for biotic carbon sequestration. The objective is a regime that permits creation of biotic sequestration rights which can be integrated into offset trading systems. Two main issues will be explored, building on earlier, broader-scale, preliminary research: (1) defining foundational legal rights to carbon sequestration potential and sequestered carbon; and (2) shaping a property rights regime for sequestered carbon. This will be done in a particular context — in effect a case study — namely, private and public or ‘Crown’ lands in the province of Alberta, Canada.
Community Based Property Rights and Resource Conservation in India's Forests
Authors: Rajamani Lavanya
Published: May 2010

This chapter explores the provenance, possibilities, and limits of the formal legal recognition of community based property rights, through a case study of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. It traces the antecedents of this Act, and considers the implications of formal legal recognition of community based property rights for natural resource protection. Through the case study, the chapter also explores the notion of community based property rights, its conceptual moorings, and its recognition in international human rights doctrine.
Introduction
Authors: Holtug Nils
Published: May 2010

This chapter introduces some key concepts, including prudence and justice and the relations between them, and gives an overview of the book. It also provides an account of the methodology employed. More precisely, it is shown that the types of arguments used are compatible with a wide variety of more particular epistemic and ontological views about ethics. Furthermore, the role of thought experiments, contrast arguments and arguments that rely on the notion that ‘betterness’ is a transitive relation are clarified.
Personal Identity
Authors: Holtug Nils
Published: May 2010

According to the Identity View, in order for an individual to have a self‐interest in a future benefit, she must be identical to the beneficiary. Therefore, the exact implications of the Identity View depend on the particular theory of personal identity assumed. However, it is argued that identity is only seen as a plausible condition for self‐interests if we assume that identity is what matters in survival, that is, if we assume that identity is what gives each of us the basis for special concern for our (own) future. If we do not make this assumption, the Identity View will not have the prudential significance it usually is thought to have and which generates our concern with self‐interests in the first place. Parfit's argument for why identity is in fact not what matters in survival is then presented and defended against a number of objections, further implying that the Identity View should be rejected.
Metaphysics and Justice
Authors: Holtug Nils
Published: May 2010

In Chapter 4, the Prudential View, according to which self‐interest is a function not just of welfare but also of Relation M was proposed. This view has implications for our account of justice. For example, according to the ‘Compensation Argument’, it is possible for an individual to be compensated for her low welfare at one time by her high welfare at another time. Therefore, what matters for distributive justice is her welfare over her life taken as a whole. However, if we accept the Prudential View, what the Compensation Argument suggests is not Whole Lives Prioritarianism, but ‘Prudential Prioritarianism’. According to Prudential Prioritarianism, roughly, the moral value of a benefit to an individual at one time depends on both the size of the benefit and on the individual's self‐interest, at that time, in the other benefits that accrue to her at this and other times.
Introduction
Authors: Pham Phuong
Published: May 2010

The Introduction outlines the background of the United Kingdom's ‘East of Suez’ role and its defence presence in Malaysia and Singapore. It notes the importance of Britain's presence to its allies, in particular the United States in the context of the Cold War and the escalating conflict in Vietnam. It describes the creation of an independent Malaysia, the Confrontation with Indonesia, and how the benefits and costs of Britain's role in the region were reaching a delicate balance.
Beginning the Defence Review: October 1964–June 1965
Authors: Pham Phuong
Published: May 2010

Chapter 1 examines the Wilson Government's initial reassessment, within the Defence Review, of future overseas policy. On their arrival in office, senior ministers were keen to emphasise the importance of Britain's military commitments overseas, even though officials within the Foreign and Commonwealth Relations Offices were now beginning to entertain doubts about their long‐term value. At the same time, the weakness of Britain's economic situation prompted them to impose a ceiling of £2000 million on annual defence expenditure. The combination of these official doubts and the need for spending restraint encouraged senior ministers to endorse a medium‐term plan for the withdrawal of permanent British forces from Malaysia and Singapore to a northern Australian base, jointly funded and operated by Britain and the ANZUS allies.
The Perils of Alliance: June–September 1965
Authors: Pham Phuong
Published: May 2010

Chapter 2 examines the Wilson Government's attempts to introduce its allies to its thinking on withdrawing from Malaysia and Singapore to a northern Australian base, jointly funded with the ANZUS allies. These discussions were suddenly interrupted in August 1965 by the separation of Singapore from Malaysia. In the aftermath of the split, the British sought to accelerate their plans for withdrawal from Singapore, on the grounds that the island's position was no longer secure. These plans were sharply rejected by the ANZUS allies. The rejection was firmly bolstered by the Johnson Administration imposing an understanding that their support of the Pound was linked to a British willingness to maintain an acceptable defence policy. The basic dilemma for Britain's policymakers was now exposed: how to resolve the conflict between the need to cut defence expenditure, for the sake of the country's economic health, and the need to maintain an overseas role, for the sake of the country's major allies.
From Dissent to Revolt: October 1966–April 1967
Authors: Pham Phuong
Published: May 2010

Chapter 5 follows the course of the Wilson Government's Defence Expenditure Studies. This policy review process was much more acrimonious than before, the sharpening conflict between Britain's economic and international political interests manifesting itself in arguments between the Treasury and the defence and overseas departments. This wrangling meant that the review had reached no useful conclusion when, in February 1967, the Parliamentary Labour Party revolted against what they perceived to be the conservatism of the Government's defence policy. The revolt appeared to energise all the Party and Cabinet critics to speak out. It provoked Defence Secretary, Denis Healey, to leapfrog the second defence review with a new plan for a staged withdrawal from Malaysia and Singapore, with the intention of forestalling any further revolt. His plan was passed by Cabinet, with difficulty, in April 1967.
The Battle for Withdrawal: April–July 1967
Authors: Pham Phuong
Published: May 2010

Chapter 6 examines the period following April 1967, during which the fundamental issue shifted from whether or not Britain should withdraw from Malaysia and Singapore—which had now been decided—to how Britain should withdraw. On the one side, Britain's international allies, Malaysia and Singapore as well as the ANZUS powers, and the defence and foreign policy departments hoped that the public extent of the change in policy would be minimised and the symbolic remnants of Britain's role maximised. On the other side, Labour Party and Cabinet critics of the previous defence policy hoped for as full and public a reversal as possible. These debates produced the strained outcome evidenced in the Wilson Government's 1967 Supplementary Statement on Defence Policy: an announcement of a staged withdrawal from Malaysia and Singapore, coupled to a declaration that Britain intended to retain a capability for use in the region to meet its remaining commitments, all wrapped up in the rhetoric of a continuing world role.
A Symbolic Sacrifice: July 1967–January 1968
Authors: Pham Phuong
Published: May 2010

Chapter 7 documents the abandonment of the last symbolic remnants of Britain's world role in the aftermath of devaluation. The devaluation of Sterling itself, in November 1967, had little direct effect on defence and foreign policy. But when Roy Jenkins became the new Chancellor of the Exchequer in December 1967, he set about the task of preparing further economic measures to shore up the Pound at its new, reduced level. The bulk of his proposed cuts came from domestic expenditure: but his strategy for getting the cuts through Cabinet involved the initial symbolic sacrifice of the remnants of Britain's ‘East of Suez’ role, and an accelerated withdrawal from Malaysia and Singapore. Within the Cabinet itself, the old structure of authority that had maintained the Wilson Government's former policies had broken down, enabling Jenkins to guide it to abandon the last echo of Britain's former Empire.
Conclusion
Authors: Pham Phuong
Published: May 2010

The Conclusion summarises the argument of the book about how the Wilson Government came to decide to withdraw from Malaysia and Singapore and the Britain's ‘East of Suez’ role. It notes that there was a conflict between Britain's fundamental interests: between its limited economic means and the need to maintain relations with its major allies, all of whom wanted Britain to maintain a significant military presence in Southeast Asia. Once this issue was decided, a second issue arose about how to balance the political pressure for a fast, public and complete withdrawal, against demands that the symbolic remnants of Britain's world role be retained as long as possible. The Conclusion notes that the roles and significance of the key actors through this process changed over time, from the Whitehall departments and their leading ministers, to the Parliamentary Labour Party, to Cabinet.
4 China's Economic Growth: Trajectories and Evolving Institutions
Authors: Zhang Jun
Published: May 2010

This chapter investigates the institutional reason underlying the change in the trajectory of economic growth in post‐reform China and argues that the trajectory of growth was much more typical during 1978–89 than during the post‐1989 era. In the former period, growth was largely induced by institutional change in agriculture and the emergence of a non‐state industrial sector that generates equality. In the latter period, growth was triggered by the acceleration of capital investments under an authoritarian decentralized hierarchy within self‐contained regions. Such a growth trajectory accelerates the deepening of capital, deteriorating total factor productivity, and leads to rising regional imbalance. This chapter further argues that the change in the trajectory of growth is the outcome of changes in political and intergovernmental fiscal institutions following the 1989 political crisis.
7 The Liberalization of Capital Outflows in China, India, Brazil, and South Africa: What Opportunities for Other Developing Countries?
Authors: Gottschalk Ricardo , Sodré Cecilia Azevedo
Published: May 2010

This chapter examines the implications of the liberalization of capital outflows in China, India, Brazil, and South Africa (CIBS) for other developing countries. It focuses on their prospects of attracting not only foreign direct investment (FDI), but also portfolio capital flows from CIBS. To inform the discussion, two steps are taken: first, in order to identify the type of capital flows that might come from CIBS, the chapter briefly describes capital account liberalization measures undertaken by CIBS to date and future intended liberalization. Second, it maps geographic distribution of outward FDI and foreign portfolio investment in the recent past, which are taken as possible predictors of future flows. The chapter shows that portfolio investment goes mainly to OECD countries and offshore financial centres, and only a small share to developing countries. But, within developing countries, CIBS' neighbouring countries have shown a greater ability to attract this type of investment, compared with other developing countries.
8 China, India, Brazil, and South Africa: Capital Flows and Exchange Rates. What Lessons Have Been Learnt since the East Asian Crisis of 1997–8?
Authors: Pircher Marion
Published: May 2010

This chapter discusses the movement of capital flows to and from the exchange rate regimes and monetary policies of China, India, Brazil, and South Africa (CIBS). This chapter compares the level of financial stability and the composition and duration of capital flows of the countries on a policy level according to the “third generation” crisis models'; following which the East Asian Crisis of 1997–8 linkages between the corporate and financial sectors, and foreign short‐term debt are given further attention. The chapter concludes by comparing all four countries and analysing possible risks in CIBS financial systems.