Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of ...
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This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.Less
This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.
Natasha Tusikov
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780520291218
- eISBN:
- 9780520965034
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520291218.001.0001
- Subject:
- Society and Culture, Technology and Society
On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to ...
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On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to shape how people use the Internet. SOPA’s withdrawal was heralded as a victory for an open Internet. However, as Natasha Tusikov documents in Chokepoints: Global Private Regulation on the Internet, rather than accept defeat, a small group of corporations, tacitly backed by the U.S. and other governments, have implemented much of SOPA via a series of secret, handshake agreements among powerful corporations, including Google, PayPal, and Microsoft. This book is the first to explore these agreements. Drawing on extensive interviews with corporate and government officials, Tusikov details the emergence of a new realm of global governance, in which large Internet firms act as global regulators for powerful intellectual property owners like Nike, and raises questions about the threat these new global regimes pose to democratic accountability itself. The book argues that these global regulators are significantly altering the ways in which governments and corporations regulate content and information on the Internet.Less
On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to shape how people use the Internet. SOPA’s withdrawal was heralded as a victory for an open Internet. However, as Natasha Tusikov documents in Chokepoints: Global Private Regulation on the Internet, rather than accept defeat, a small group of corporations, tacitly backed by the U.S. and other governments, have implemented much of SOPA via a series of secret, handshake agreements among powerful corporations, including Google, PayPal, and Microsoft. This book is the first to explore these agreements. Drawing on extensive interviews with corporate and government officials, Tusikov details the emergence of a new realm of global governance, in which large Internet firms act as global regulators for powerful intellectual property owners like Nike, and raises questions about the threat these new global regimes pose to democratic accountability itself. The book argues that these global regulators are significantly altering the ways in which governments and corporations regulate content and information on the Internet.
Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, ...
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This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, and externally binding for the benefit of the beneficiaries of BCR. The latter requires discussion of the enforceability of unilateral undertakings by the beneficiaries of BCR. Transnational Private Regulation (TPR) is often effectuated through contractual ‘supply chain management’, a solution which is also part of the BCR regime. Supply chain management also raises issues of enforceability by the beneficiaries of these contracts, which are of equal relevance to BCR. How the various supply chain issues can be best addressed in BCR is discussed.Less
This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, and externally binding for the benefit of the beneficiaries of BCR. The latter requires discussion of the enforceability of unilateral undertakings by the beneficiaries of BCR. Transnational Private Regulation (TPR) is often effectuated through contractual ‘supply chain management’, a solution which is also part of the BCR regime. Supply chain management also raises issues of enforceability by the beneficiaries of these contracts, which are of equal relevance to BCR. How the various supply chain issues can be best addressed in BCR is discussed.
