Water Privatization in Developing Countries: Principles, Implementations and Socio-Economic Consequences
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Fictitious Commodities: a Theory of Intellectual Property Inspired by Karl Polanyi’S “Great Transformation”
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 29 XXIX Number 4 Article 4 2019 Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Alexander Peukert Goethe University, Frankfurt, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons, International Law Commons, and the Science and Technology Law Commons Recommended Citation Alexander Peukert, Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation”, 29 Fordham Intell. Prop. Media & Ent. L.J. 1151 (2019). Available at: https://ir.lawnet.fordham.edu/iplj/vol29/iss4/4 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Cover Page Footnote Professor Dr. iur., Goethe University, Frankfurt am Main, [email protected]. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol29/iss4/4 Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation” Alexander Peukert* The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. -
Distinction Between Privatization of Services and Commodification of Goods: the Case of the Water Supply in Porto Alegre Rafael Flores
Distinction between privatization of services and commodification of goods: the case of the water supply in Porto Alegre Rafael Flores To cite this version: Rafael Flores. Distinction between privatization of services and commodification of goods: the case of the water supply in Porto Alegre. 11th edition of the World Wide Workshop for Young Environmental Scientists (WWW-YES-2011) - Urban Waters: resource or risks?, Jun 2011, Arcueil, France. hal- 00607834 HAL Id: hal-00607834 https://hal.archives-ouvertes.fr/hal-00607834 Submitted on 11 Jul 2011 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Distinction between privatization of services and commodification of goods: the case of the water supply in Porto Alegre Rafael Kruter FLORES* * Postgraduate Program of Administration, Federal University of Rio Grande do Sul, Washington Luís, 855, Porto Alegre, Rio Grande do Sul, Brazil. (E-mail: [email protected]) Abstract One of the main debates regarding urban water in the last years concerns the privatization of water and sewage services. The critique of the privatization of the services is usually associated with the critique of the commodification of the good. This paper makes a conceptual distinction between both processes, reflecting on the case of the city of Porto Alegre, Brazil. -
THE ART of EMBRACING COMMODITIZATION by Eric Boudier, Anders Porsborg-Smith, and Martin Reeves
THE ART OF EMBRACING COMMODITIZATION By Eric Boudier, Anders Porsborg-Smith, and Martin Reeves hina’s economic slowdown has led Understanding Advantage in Cto overcapacity in many sectors and a Commoditizing Markets significant fall in the prices of many com- Eventually, all products become commod- modities. Although many businesses will itized. (See “BCG Classics Revisited: The regard this as a short-term, cyclical chal- Growth-Share Matrix,” BCG Perspectives, lenge—one they can weather through June 2014, and “Adaptability: The New capacity adjustments—it may prove for Competitive Advantage,” BCG article, Au- others to be something entirely different. It gust 2011.) A company’s optimal strategic may mark the onset of commoditization, a response will depend not only on the in- secular and more severe challenge for which dustry’s current state but also on its likely businesses may be wholly unprepared. evolution. In attempting to gauge the latter, a company must try to determine whether Commoditization is not necessarily a death it can establish a sustainable position on sentence. (See “Escaping the Doghouse: the basis of any one of three factors: its Winning in Commoditized Markets,” BCG cost position; whether, and to what extent, Perspectives, April 2015.) But surviving it, there are imperfections in the market that or even benefiting from it, can entail dras- it can exploit; and its ability to redifferenti- tic measures, such as rethinking strategy, ate its product. (See Exhibit 1.) repositioning the company in the indus- try’s value chain, and overhauling its oper- Many businesses will instinctively lean to- ating model. Many businesses facing com- ward redifferentiating their product (if possi- moditization fail to respond with anywhere ble) or creating a cost advantage (if neces- near the required boldness or speed, how- sary), ignoring the opportunity to exploit ever. -
Capturing Value and Avoiding Commoditization Through Pricing
No. 61 IMD Faculty Capturing Value and Avoiding Commoditization Professor Stefan Michel through Pricing Excellence Research & Development want and how much they are willing to Michael Sorell pay for what they want Michelle Perrinjaquet 2. Economics: Understanding both the internal economics of the company and the economics of the market 3. Pricing management: Setting the right price and making sure that your discounting policy makes sense 4. Pricing psychology: Understanding that it is the customer’s perception of the price While organizations might think they that drives the behavior. understand competitive pricing, potential sales are often lost because of price One company that clearly knows how to competition. The challenge that most use customer insights to its advantage is businesses face is that they cannot afford Bossard, a Swiss-based fastening technology to adopt a lowest price strategy. To compete company that sells screws, nuts and bolts to successfully in today’s global business companies such as John Deere and Tesla. In environment, companies need to achieve a hugely competitive market, it realized that pricing excellence. the only way to stay alive was to capture more value and to price its products according to Google is the world champion of pricing how much they are worth to the customer. excellence. It is able to ascertain from its customers how much they are willing to pay Having discovered that its customers’ and adjusts its pricing to reflect this. This is employees were spending more time the essence of the pricing excellence model. manually lubricating screws than putting In April 2016, around 60 The ultimate goal is to uncover and capture machines together, Bossard teamed up executives attended an the value that is created for each customer. -
Water As More Than Commons Or Commodity: Understanding Water Management Practices in Yanque, Peru
www.water-alternatives.org Volume 12 | Issue 2 Brandshaug, M.K. 2019. Water as more than commons or commodity: Understanding water management practices in Yanque, Peru. Water Alternatives 12(2): 538-553 Water as More than Commons or Commodity: Understanding Water Management Practices in Yanque, Peru Malene K. Brandshaug Gothenburg University, Gothenburg, Sweden; [email protected] ABSTRACT: Global warming, shrinking glaciers and water scarcity pose challenges to the governance of fresh water in Peru. On the one hand, Peruʼs water management regime and its legal framework allow for increased private involvement in water management, commercialisation and, ultimately, commodification of water. On the other hand, the state and its 2009 Water Resource Law emphasise that water is public property and a common good for its citizens. This article explores how this seeming paradox in Peruʼs water politics unfolds in the district of Yanque in the southern Peruvian Andes. Further, it seeks to challenge a commons/commodity binary found in water management debates and to move beyond the underlying hegemonic view of water as a resource. Through analysing state-initiated practices and practices of a more-than-human commoning – that is, practices not grounded in a human/nature divide, where water and other non-humans participate as sentient persons – the article argues that in Yanque many versions of water emerge through the heterogeneous practices that are entangled in water management. KEYWORDS: Water, water management, commodification, more-than-human commoning, uncommons, Andes, Peru INTRODUCTION At a community meeting in 2016, in the farming district of Yanque in the southern Peruvian Andes, the water users discussed their struggles with water access for their crops. -
Hydro-Social Permutations of Water Commodification in Blantyre City, Malawi
Hydro-Social Permutations of Water Commodification in Blantyre City, Malawi A thesis submitted to the University of Manchester for the degree of Doctor of Philosophy in the Faculty of Humanities 2014 Isaac M.K. Tchuwa School of Environment Education and Development Table of Contents Table of Contents ............................................................................................................ 2 List of Figures ................................................................................................................. 6 List of Tables ................................................................................................................... 7 List of Graphs ................................................................................................................. 7 List of Photos .................................................................................................................. 8 List of Maps .................................................................................................................... 9 Abstract ......................................................................................................................... 10 Declaration .................................................................................................................... 11 Copyright Statement .................................................................................................... 12 Acknowledgements .................................................................................................... -
Global Gas Report 2020
Global Gas Report 2020 Foreword This 2020 edition of the Global Gas Report comes in the midst of an unprecedented global pandemic, whose short- and long-term impacts on the global economy and the energy sector are still unfolding. This year’s report, therefore, assesses the effect of Covid-19 on the gas industry in the first half of this year, and analyses the drivers for recovery in the next few years. The Global Gas Report 2020 is a collaborative effort between Snam, the International Gas Union and BloombergNEF. To create this report, we also got inputs from DESFA, Interconnector UK, Terēga and TAG, part of Snam Group. It includes a special feature on the role hydrogen and the gas industry in the low-carbon transition. As in previous editions, this report analyzes the key drivers that led to growth in supply and demand in the last year. It also offers insights into how abundant supply and low prices propelled fuel switching from more emissions-intensive fuels to natural gas and which policy measures have been effective in reducing pollution. Marco Alverà 2019 was another year of continuous growth for the gas industry, with global consumption Chief Executive Officer growing 2.3% to a new record. Supply rose in most regions around the world and producers Snam took final investment decisions on a record 97 billion cubic meters of per annum of LNG liquefaction projects. LNG trade also grew 13% in 2019, the fastest since 2010, propelled by rising demand in new markets like South Asia and growing liquidity in the spot and derivatives markets. -
Water a Right Not a Commodity.Pdf
WATER, A RIGHT NOT A COMMODITY JAUME DELCLÒS (coord.) WATER, A RIGHT NOT A COMMODITY PROPOSALS FROM CIVIL SOCIETY FOR A WATER PUBLIC MODEL This book has been printed in 100% Ancient Forest Friendly paper from sustainable forests. The production process is TCF (Total Clorin Free) in order to collaborate with a forest manage- ment respectful with the environment and economically sustainable. This book has the support of: Cover design: Laura Niubó. © Pedro Arrojo Agudo, José Esteban Castro, Vicky Cann, Eloi Badia, Lluís Basteiro, Ana Gris, Lluís Basteiro, Maude Barlow, Philipp Terhorst, Jaume Delclòs, Ayats, Adriana Marquisio, Al-Hassan Adam, José Esteban Castro, Josep Centelles, Olivier Hoedeman, Silvano Silvério da Costa, Carlos Crespo. © This edition First published: March 2009. ISBN: Legal deposit: Typesetting: Printed by Printed in Spain. Total o partial reproduction prohibited. CONTENTS Foreword 9 I. Type and roots of conflict over water in the world,Pedro Arrojo Agudo 11 II. Notes on the commodification process of water: a review of privatization from a historical perspective, José Esteban Castro 39 III. The role of donors and its support to promote water privatization in developing countries, Vicky Cann 61 IV. The failure of water privatization, Eloi Badia, Lluís Basteiro and Ana Gris 79 V. The inclusion of water in the General Agreement on Trade in Services, Lluís Basteiro 103 VI. The right to water, Maude Barlow 113 VII. Politicizing participation in urban water services, Philipp Terhorst 129 VIII. Public management with a social participation and control towards the water as a Human Right, Jaume Del- 7 clòs and Ayats 143 IX. -
The Commodification of the Public Service of Water: a Normative Perspective Adrian Walsh University of New England
Public Reason 3 (2): 90-106 © 2011 by Public Reason The Commodification of the Public Service of Water: A Normative Perspective Adrian Walsh University of New England Abstract. This paper examines some key normative issues that arise from the commodifica- tion of the public supply of water. Since the end of World War Two, the provision of water for domestic consumption has, in most Western countries, been regarded as a fundamental public service and, as such, has typically been supplied by the State cheaply or free of charge to users. (Water for agricultural and industrial purposes has also often been so provided.) However, in recent times, in many parts of the world, water markets have been established. This clearly has distributive implications and, potentially, depending upon one’s theoretical framework, raises problems of distributive justice. However, questions concerning the proper distribution of wa- ter have garnered little attention from political philosophers and applied ethicists, nor has there been much discussion of the moral permissibility of commodifying water. This is surprising given the centrality of water to human civilisation. In the early sections of the paper I outline several of the normative and conceptual puzzles surrounding water. I then explore a number of plausible objections that might be raised against commodifying water and consider what role they should play in our all-things-considered judgments about the moral permissibility of water markets. I conclude with some reflections on the role of philosophical inquiry in applied public policy-making. Key words: commodification, water, distributive justice, public services, environmental values. I. CommodIficatIon, Water, and PhIlosoPhy Water is a fundamental human good that many contemporary governments supply for domestic use as well as for both agricultural and industrial purposes. -
Modern Capitalism and Food Commoditization: the Limitations of Industrial Agriculture and the Challenges of Sustainable Alternatives
University of Denver Digital Commons @ DU Electronic Theses and Dissertations Graduate Studies 1-1-2015 Modern Capitalism and Food Commoditization: The Limitations of Industrial Agriculture and the Challenges of Sustainable Alternatives Gerardo Patron-Cano University of Denver Follow this and additional works at: https://digitalcommons.du.edu/etd Part of the Food Studies Commons, and the Industrial Organization Commons Recommended Citation Patron-Cano, Gerardo, "Modern Capitalism and Food Commoditization: The Limitations of Industrial Agriculture and the Challenges of Sustainable Alternatives" (2015). Electronic Theses and Dissertations. 497. https://digitalcommons.du.edu/etd/497 This Thesis is brought to you for free and open access by the Graduate Studies at Digital Commons @ DU. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. MODERN CAPITALISM AND FOOD COMMODITIZATION: THE LIMITATIONS OF INDUSTRIAL AGRICULTURE AND THE CHALLENGES OF SUSTAINABLE ALTERNATIVES __________ A Thesis Presented to The Faculty of Social Sciences University of Denver __________ In Partial Fulfillment of the Requirements for the Degree Master of Arts __________ by Gerardo Patron-Cano June 2015 Advisor: Dr. Chiara Piovani ©Copyright by Gerardo Patron-Cano 2015 All Rights Reserved Author: Gerardo Patron-Cano Title: MODERN CAPITALISM AND FOOD COMMODITIZATION: THE LIMITATIONS OF INDUSTRIAL AGRICULTURE AND THE CHALLENGES OF SUSTAINABLE ALTERNATIVES Advisor: Dr. Chiara Piovani Degree Date: June 2015 Abstract Agriculture is an essential function of contemporary human life that is bound by nature. Therefore, economic, social, and environmental perspectives must be examined to identify the most sustainable agricultural systems. -
The Polanyian Perspective in the Era of Neoliberalism: the Protection of Global Intellectual Property Rights
The Polanyian Perspective in the Era of Neoliberalism: The Protection of Global Intellectual Property Rights Chakkri Chaipinit Christopher May Introduction In light of the continuing interest in his work, this article aims to further illustrate the contemporary utility of Karl Polanyi's theoretical perspective. As is well known, his most famous book, The Great Transformation, sets out the so-called 'double movement' to explain the rise and decline of the liberal 'self-regulating market'. According to Polanyi, this market served to transform natural resources and social life into the 'fictitious commodities' of land, money and labour, which destroyed the previous social embeddedness of traditional communities. This confrontation prompted collective resistance in the form of 'self protectionism' to impair the market, leading Polanyi to argue that the liberal market society was a stark-utopia that could never be finally consolidated (Polanyi, 1957a: 3). We argue, as have others, that these insights can be applied to analyze the market economy under neo-liberalism which emerged in the late 1970s. This new 'self- regulating market' included a new set of fictitious commodities by which knowledge and information have been vigorously commodified: patents, copyrights, and trademarks or (collectively) intellectual property rights (IPRs), making knowledge and information costly to access (Jessop, 2003: 18-22). Again market developments have led to a counter movement (Munck, 2007: 34-9), which suggests that the Polanyian perspective remains a useful political economy analysis. However, rather than limiting this analysis to the double movement here we utilise additional elements of Polanyi's approach including his concepts institutional 100 JOURNAL OF POPULATION AND SOCIAL STUDIES Volume 19 Number 1 July 2010 strain and the impaired market, alongside his understanding of the drivers of social change, to develop a contribution to the contemporary political economy of global IPRs. -
The Green Economy: the Dangerous Path of Nature Commoditization
Consilience: The Journal of Sustainable Development Vol. 10, Iss. 1 (2013), Pp. 85–98 The Green Economy: The Dangerous Path of Nature Commoditization Mark Wilson Center for Sustainable Development Uppsala University, Sweden email: [email protected] Abstract UNEP’s proposal of the green economy advocates the pricing of ecosystem services in the hope of providing greater environmental protection and eradicating poverty. There are five aspects of the green economy which could undermine its practical implementation as well as its social legitimacy; i) ecosystem services are inherently difficult to price, ii) the consideration of the rebound effect is insufficient, iii) primacy of economics over the environment is ensured, iv) markets offer little protection for the poorest people, and v) existing market mechanisms aimed at safeguarding the environment have not succeeded. The green economy relies upon the discursive power of ecological modernization and our faith in progress to uphold a failing strategy of unfettered economic growth. This discourse limits our capacity to conceive solutions outside the economic sphere. Achieving sustainable development will require a process of social change that could be facilitated by the acceptance that nature is more than just a form of capital. Author’s Note Mark Wilson is a Cemus course coordinator at the Center for Sustainable Development at Uppsala University, Sweden. His research interests include ecological economics and food system resilience. Keywords: green economy; payment for ecosystem services; sustainable development; commoditization of nature; ecological modernization; economic growth. 1. The Future We Want? The 2012 Rio + 20 United Nations Conference on Sustainable Development (UNCSD) has resulted in a disappointing and rather vague outcome document.