Governance Across Borders Transnational Fields and Transversal Themes Edited by Leonhard Dobusch, Philip Mader and Sigrid Quack
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governance across borders transnational fields and transversal themes Edited by Leonhard Dobusch, Philip Mader and Sigrid Quack a blogbook Governance across Borders: Transnational Fields and Transversal Themes Edited by Leonhard Dobusch, Philip Mader and Sigrid Quack Imprint First published 2013 Max-Planck Institute for the Study of Societies, Cologne http://www.mpifg.de/pu/mpifg_books_pdf.asp This work is also available in the following formats: Book-on-demand (ISBN 978-3-8442-4824-1) Ebook (ISBN 978-3-8442-4823-4) Publisher: epubli GmbH, Oranienstraße 183, 1099 Berlin, Germany, Online: http://epubli.de Language Editing: Lucinda Rennison, Berlin Layout: Carmen Janiesch, Berlin This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 Germany License, online: http://creativecommons.org/licenses/by-sa/3.0/de This book comprises a collection of contributions published on the research blog ‘governance across borders’, online: http://governancexborders.com This publication forms part of the Open Access Initiative of the Max Planck Institute for the Study of Societies and is committed to the Berlin Declaration on Open Access, launched by the Max Planck Society in 2003, Online: http://oa.mpg.de/berlin-prozess/berliner-erklarung All online publications and links were last accessed on December 7th, 2012. 5 Acknowledgements e are grateful for the support of the Max Planck Institute for the Study of Societies in Cologne in making possible the publication of this collection of blog articles in an innovative format – combining an ebook, an open Waccess pdf and an on-demand-print version. Our particular thanks go to Wolfgang Streeck, the MPIfG’s managing director for his trust in this project, to Christel Schom- mertz for her excellent editorial advice, to Susanne Hilbring for her knowledge able guidance in matters of open access, and to Cynthia Lehmann for always being there when a new technical question about formats or styles surfaced. This book could not been produced without Carsten Gerards’ infinite patience and reliability in editing links and footnotes, Lucinda Rennison’s superb language editing and Carmen Jani- esch’s imaginative design for the cover page and the attractive layout of the book. Jis- ka Gogowczyk, Silvia Oster and Thomas Pott have very kindly helped proof-reading and correcting the manuscript. We are very grateful to all of them. Ekaterina Gorbu- nova, Swantje Kasberg and Barbara Thiele at Epubli have been a tremendous source of support in the production of this volume. Berlin and Cologne, April 2013 Leonhard Dobusch, Philip Mader and Sigrid Quack 7 Table of Contents About the Blog ... 13 About the Book ... 15 Introduction ... 17 Transnational Studies and Governance ... 23 24 Cosmopolitan Sociology or Why the Global Is Local 26 Studies on ‘Global’ Markets in History 31 Transnational Studies and Culture in Motion 33 Current Debates on Transnational Governance Research Accounting across Borders: Fairness, Fair Value and Financial Markets ... 37 38 Fair Value Accounting in Retreat? 41 Accounting at the G20 London Summit: Watering Down or Walking the Talk? 47 Fair Value Accounting and the ‘Inactivity’ of Markets 49 Regulating Over-the-Counter Derivatives: Is Global Agreement Possible? 53 Securitisation Revisited #1: Inside the Shadow Banking System 60 Securitisation Revisited #2: The States’ Helping Hand 63 The State of IFRS in Africa: Is IFRS in Disarray? 68 What’s the Problem? Reforms of ‘Fair Value’ Accounting Revisited Labour and Development: Standardising Progress? ... 75 76 Expanding Private Labour Regulation: The International Toy Fair in Nuremberg 77 Compliance in China: How to Become a Compliance Manager in One Day 79 Sympathy for the Devil? The Diamond Trade Goes into Crisis 8 80 Transnational Connections: The US-China Labour Exchange 83 Ipods, Ipads and the Rising Discontent over Working Conditions in the World’s Largest Factory 85 Interregionalism: Transnationalisation without Representation? The Asia-Europe Meeting 88 Innovative Transnational Collective Action: The Peoples’ Tribunal in Cambodia 89 Poverty Wages in the Asian Garment Industry: Reasons and Counter-Strategies Governing Our Environment: Standardising across Borders ... 91 92 King, Queen, Self-Regulation 94 Forest Stewardship Council Goes Fair Trade 96 The Lacey Act: Bringing Public Governance Back In 99 Drink Beer and Save Forests! 100 Financial Markets, Environment and Hunger: A Crisis of Global Governance? 103 The Importance of Being Implemented: From Transnational Standards to Local Practices 106 The Deepwater Horizon Disaster: The Beginning of a New Era for the Oil Industry? 109 Deepwater Horizon Crisis: No New Era for the Oil Industry 110 From Transnational Standards to Local Practices 112 Durban as a Case in Point? How International Summits Maintain the Field of Climate Policy Between Abolitionism and ACTA: Transnational Copyright #1 ... 115 116 Reflections on Abolitionism: Copyright and Beyond 118 No National Leeway? Copyright Reform Proposals in Brazil and the Czech Republic 120 Shifting the Baseline in Assessing Copyright Regulation? IP as Conceptual Pac Man! 122 Intellectual Property versus Public Domain: Mentions in the Google Books Corpus 123 Government across Borders: From Inspiration to Implementation 124 ACTA as a Case of Strategic Ambiguity 127 The ACTA-Copy-Paste-Syndrome: Zombie Provisions of Failed Treaties Table of Content 9 128 The EU Orphan Works Directive: Strategic Ambiguity Empowering National Legislatures Private Protection and Enforcement: Transnational Copyright #2 ... 131 132 Private Copyright Regimes: Facebook 133 The Kindle Controversy: No Right to Be a Reader? 134 Kindle Controversy Continued: ‘Exit’ and ‘Voice’ 136 Google Books and the Kindle Controversy: Merging Conflict Arenas? 137 Unilateral Governance Negotiations: News Corp. versus Google 139 DRM in the Music Industry: Revival or Retreat? 141 Private Negotiation of Public Goods: Collateral Damage(s) 143 This Post Is Available in Your Country 144 Viral Web Videos and Blocked Talent 146 Angry Librarians: The Ebook User’s Bill of Rights 148 Rejection of the Google Book Settlement: The Transnational Dimension 150 Crazy Copyright Cartoon: The YouTube Copyright School 152 Is Everyone on the Net a Copyright Infringer? 154 Cracks in the Content Coalition: Corporations versus Copyright Collectives 156 The Dark Side of Copyright’s Force: LucasArts versus YouTube versus Greenpeace versus VW 157 ‘Copyright Alerts’ against ‘Content Theft’: Three Strikes through the Backdoor? 160 New Layer of Copyright Enforcement: Search 163 Algorithm Regulation #1: Felix Stalder on the Front and Back of the Social Web 165 Algorithm Regulation #2: Negotiating Google Search Open Licensing and Open Business: Transnational Copyright #3 ... 167 168 Standardising via Polling? Creative Commons’ Study on Its Non-Commercial Clause 170 Extending Private Copying Levies: Approaching a Cultural Flat-Rate? 173 Alternative Licensing: Subverting or Supporting Copyright? 175 Iconic Standards: Regulating and Signaling 177 Money Buys You Standards? The Gates Foundation’s Push for CC-BY 179 With YouTube on Board: Creative Commons Going Mainstream? 10 181 CC Global Summit 2011 #1: The End of the Porting Experiment? 182 CC Global Summit 2011 #2: Making the Case for Global Licenses 183 CC Global Summit 2011 #3: Discussing the Non-Commercial Module Copyright and Collective Goods: From Academia to Collecting Societies ... 187 188 Competition for Copyright Collectives: New Market Logics 189 Universities as Copyright Regulators: Power and Example 190 The German Open Access Uproar: Missing the Point? 192 Google versus Copyright Collectives, or: Transnational versus National Governance 193 Declaring War on Free Culture? Collecting Society Confronts Creative Commons 195 Anonymous Attacks German Collecting Society GEMA 197 Elsevier Withdraws Support for Research Works Act, Continues Fight against Open Access 199 ‘Move Prestige to Open Access’: Harvard University Weighs in on Open Access Piracy, Pirates and Pirate Parties ... 201 202 Social Movements, Pirate Parties and the European Parliamentary Elections 203 Internet Piracy: A Perfect Excuse? 204 Is Google News Piracy? Publishers, Zoo Directors and Copyright 206 Pirate Parties: Transnational Mobilisation and German Elections 212 Bono Bashes File-Sharing: Learning from China’s Online Censorship? 214 Too Sexy to Be an Insult: Framing Piracy 215 Boarding Berlin: The Pirate Party Triumph in the German Capital (FAQ) 218 Pirate Party Win in Berlin: Transnational Implications? 220 German Pirates’ Winning Streak: More than Protest 222 Transnational Pirates #1: State of the Movement 224 Transnational Pirates #2: Issues and Campaigning 226 Transnational Pirates #3: Global Movement, Local Networks 229 The German Pirate Party Convention 2012: English Manifesto and Troubles with Wingnuts Table of Content 11 Questioning Some Microcredit Myths ... 231 231 Microcredit Myth #1: Microcredit Is Good for All Poor People 233 Microcredit Myth #2: Microcredit Is (and Should Be) Profitable 235 Microcredit Myth #3: Microcredit Empowers Women The State of Microfinance – in Research and in the Real World ... 237 238 ‘Group Pressure Makes Us Go to Moneylenders’ – Microfinance’s Unwanted Lateral Linkages 240 Beef with Bateman, or, Why Can’t the Microfinance Community Handle Criticism? 245 The Bateman Controversy Continues ... 247 Does the ‘Microfinance Community’ Suffer from Groupthink? 251 The Danger of Symbolism: Why the Debate about ‘The Micro Debt’ Misses the Point