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From a comparative perspective the Covid-19 pandemic provides a unique grand-scale life experience: nearly all countries have been confronted with a similar issue, that of quickly fighting the pandemic, balancing individual health with the sustainability of the national health system, and juggling economic imperatives with the duty to care for the most vulnerable individuals in society. Access and use of data are key to this difficult balancing exercise. One question arises: is the Covid-19 pandemic conducive to developing shared legal strategies or does it reinforce cultural legal features when it comes to data protection?
Blogdroiteuropeen asked experts in data protection to reflect on key developments in their national systems. No definitive answer is possible as Covid-19 is not over yet. However, this preliminary information leads to the identification of six trends underlying the Covid-19 crisis and its impact on data protection. First, all countries were not equal before the pandemic due to differences in their factual and legal backgrounds. Secondly, constitutional techniques proved resilient to a large extent in general and in particular when it comes to data protection. Thirdly, the effectiveness of data protection legislation is connected to its embeddedness in the wider legal context. Fourthly, tracking the spread of Covid-19 through tracing apps may turn out to be a unicorn defeated by data protection even though different technologies have been attempted. Fifthly, aggregation of data or collective harvesting of data in some form has been implemented to very different extents, provided some data protection requirements are met. This leads to the final trend: the ever more articulated pressure on the European Union to decide how far it wants to reclaim its digital sovereignty, and what this would entail concretely. As legal systems may have to cope with the long-term consequences of Covid-19 all over the world it may be useful to take stock of these emerging trends before designing any grand scheme for post-Covid-19 society.
The book explores the impact of WTO law on domestic regulatory autonomy. It identifies and critically analyses the mechanisms working in WTO law that cause increasing interferences with domestic law and thus restrain the regulatory autonomy of the WTO members. The book proposes ways how WTO law be conceptualized to enhance the policy space of WTO members. Therefore, the book demonstrates the flexibilities in interpreting and applying WTO core principles and provisions and explores interpretive and institutional conceptions that could serve as a pathway of allocating greater policy leeway to WTO members.
The analyses presented address the disturbing observation that even though WTO law appreciates the regulatory leeway of WTO members in several provisions across agreements, the WTO judiciary´s case law, but also other governance mechanism active in the WTO appear to narrow down the WTO members´ regulatory autonomy and to considerably limit the space for domestic policy choices. Wide spread, even scholarly perception of the WTO, and most recently the Trump administration blame the WTO, in particular its dispute settlement branch, for being biased towards free trade and unduly restraining even legitimate domestic policies, and voiding the domestic policy space needed for addressing societal concerns and global problems. A closer look at the development of GATT/WTO law, however, reveals that, in GATT era, panels were aware of the effect their interpretations had on domestic policy space, and that some of the more recent WTO dispute settlement reports show attempts to expand WTO member´s leeway again. These observations are the starting point for an indepth analysis of the different mechanisms present in WTO law which impact on domestic regulation.
Working Group 2.1.: "Common European Principles of Administrative Law and Good Administration”
(2019)
Common European Principles of Administrative Law and “Good Administration” / EU Administrative Law and ‘Unionalisation’ of National Administrative Law / Functions of Administrative Law / European Administrative Law = EU Administrative Law? / ReNEUAL Working Group 2.1:
“Common European Principles of Administrative Law and Good Administration” / Specialties of EU Administrative Law
Why did Swissair fail?
(2003)
Why Did Swissair Fail?
(2003)
The Covid-19 pandemic affects societies worldwide, challenging not only health sectors but also public administration systems in general. Understanding why public administrations perform well in the current situation—and in times of crisis more generally—is theoretically of great importance; and identifying concrete factors driving successful administrative performance under today‘s extraordinary circumstances could still improve current crisis responses.
This article studies patterns of sound administrative performance with a focus on networks and knowledge management within and between crises. Subsequently, it draws on empirical evidence from two recent public administration surveys conducted in Germany in order to test derived hypotheses. The results of tests for group differences and regression analyses demonstrate that administrations that were structurally prepared, learned during preceding crises, and that displayed a high quality in their network cooperation with other administrations and with the civil society, on average, performed significantly better in the respective crises.
Water Management and Modernization of the Water Sector in Syria, Considering the German Experience
(2019)
Water plays an essential role in human life as well as in various sectors of the economy, it is a strategic and crucial factor for achieving social and economic development and supporting ecological systems. However, the world's water resources are exposed to considerable and continuing pressure since the water use rate has increased twice as quickly as the rate of population growth during the 20th century, which led to malfunctions in the balance between renewable and available water resources and the growing demand for water.
Therefore, the issue of water is the main challenge to humans in the 21st century. Particularly affected by water scarcity is the Middle East, where the availability of water is less than 1,700 m3 per capita per year. This dissertation focuses on the Syrian water sector, considering both aspects of administrative modernization and stakeholder approaches for ensuring the creation of an enabling environment capable of improving water management in Syria. The central goal of this research is to introduce a set of institutional, legislative and economic measures that can be used to rationalize and maintain the water resources in Syria to apply Integrated Water Resources Management (IWRM). Quantitative and qualitative data and methods were scrutinized to provide an overview of the status and problems of the water sector, as well as perspectives for innovative water management and corresponding modernization policies in Syria.
The thesis tackled the research questions defining the main challenges of the Syrian water sector and examining its existing enabling environment as well as its suitability for achieving sustainable water resources management. Furthermore, the study evaluated the existing
governance regime and the institutional framework of the Syrian water sector, checked the availability, and estimated the degree of application of its management instruments. The research also examined the ongoing process of development and financing of waterinfrastructure and finally estimated the overall impact of water resources management in Syria on economic, social, and environmental aspects. Finally, the study provides optimized recommendations and potential solutions for the development of the Syrian water sector according to the IWRM paradigm.
The market for voluntary carbon offsets, i.e. those outside the strictly regulated Kyoto framework for tradable carbon emission permits, is growing with a vengeance. With only six such organisations in the business in 2000, their number has virtually skyrocketed to more than 232 commercial as well as not-for-profit outfits today – the vast majority of which entered the trade only after 2005. This trend has not eluded the world of commercial aviation. By contrast, starting in the early millennium years, voluntary carbon-offsetting schemes were appeared to have become a serious concern for the top management of some of the world’s leading airlines. Carriers as diverse as Air Canada, British Airways, Ethiopian Airways, Qantas (incl. its subsidiaries QantasLink and Jetstar), Continental, Cathay Pacific, Japan Air Lines, Air France/KLM, the SAS Group, EasyJet and Virgin Blue, to name just a few, then began to actively encourage their passengers to pay for the ‘neutralising’ services of select carbon offset providers on top of the ticket price whenever they book a flight. Finally, also some large online travel agencies such as Expedia and Travelocity as well as leading car rental companies (AVIS) opted to invite their customers to purchase carbon offsets. However, as this chapter will demonstrate, both the economic efficiency and ecological effectives of voluntary carbon offsetting as a tool to address the challenge of climate change appear very limited.
Union Policies
(2016)
Unemployment in Germany
(1996)