This chapter explains the aim of the book and its scope. It distinguishes issues of law and fact, and explains the relevance of this distinction. It briefly presents the structure of the enforcement system of EU competition law, the interaction of the administrative and the judicial stage, and the gathering of evidence at the administrative stage, always having in mind certain criticisms formulated against the system as being incompatible with fundamental rights.
Brigitte Unger, Loek Groot and Daan van der Linde
This introduction aims to provide a framework to address not only the normative question on what ought to be the character and business of government (or any other public authority), but also to positively evaluate shifts between private and public roles in recent history. Historical evaluations of the balance between market, state and society may serve as an alternative for models arguing that the ‘right’ configuration exists: why did current tasks evolve the way they did, and what can be learned from the past? Changes in technology or in the economic environment (such as the emergence of the European Union and globalization) can be held responsible for shifts in the optimal allocation between the public and private sphere, but there might also be a major shift of preferences regarding what should be public or private. Although it is hard to claim that the pendulum in the division between public and private, or market and government, has begun to reverse its swing, we feel it is important to give an account of the public sector in order to better understand what is at stake.
Marta Díaz Pozo
This chapter provides a general introduction to the book. The chapter reviews the historical development of the biotechnology industry and the difficulties in applying conventional European patent law rules to genetic inventions. In particular, the chapter presents the concerns regarding the lack of industrial application of patent claims over isolated human DNA sequences and the importance of this requirement in the patenting of inventions concerning human genes.
Robert Huggins and Piers Thompson
The field of regional development is subject to an ever increasing multiplicity of concepts and theories seeking to explain uneven development across regional contexts. One concept and theoretical tool that has endured and remained keenly discussed since the 1990s is ‘regional competitiveness’. Indeed, the rise of the concept has led to many frameworks and applications emerging and being employed in various contexts. Such variety has been both a blessing and a curse, with the notion of the ‘competitiveness of regions’ remaining an area of contested theoretical debate, especially arguments concerning the extent to which places actually compete for resources and markets. This chapter presents a broad overview of the evolution of regional competitiveness thinking, and aims to make clear the connections across a variety of contemporary regional development theories. The chapter firstly introduces the regional competitiveness concept and discusses its close association with schools of endogenous growth and development theory. The potential for measuring regional competitiveness is considered, before the chapter turns its attention to providing an introduction to some key contemporary theoretical perspectives on regional development. In particular the ideas of regional growth systems, institutions, ‘upstream’ behavioural theories of regional development concerning both cultural and psychological explanations, and concepts of regional ‘resilience’ and ‘well-being’ are considered. The chapter concludes by considering how the differing theoretical perspectives can be integrated, as well as providing an outline of the volume as a whole.
Mary Guy and Wolf Sauter
Mary Guy and Wolf Sauter lay out the scope and historical development of EU Health Law and Policy. The analysis reveals three broad periods of development: up to 1992, when focusing on the four freedoms (goods, services, workers and capital) led to incremental legislative action on health; 1992–2007, from the adoption of an explicit health competence at an integrationist high-point in the early 1990s to the Lisbon Treaty in 2007; and 2007 onwards, where integration continues despite political malaise and an economic downturn. Guy and Sauter note that EU Health Law and Policy has moved beyond a ‘patchwork’ or ‘interface’ approach to a more coherent legal and policy domain, and also a subject for academic study in its own right.
Kenneth A. Reinert
This volume on globalisation and development is part of a larger Elgar Handbook series on globalisation. Its chapters engage two multidimensional concepts: globalisation and development. In doing so, it does not impose a particular conception of either. Rather, authors were given full rein to treat these subjects as they thought best in light of their particular subjects. The volume is structured around seven subjects: international trade, international production, international finance, migration, foreign aid, a broader view and challenges. The volume’s chapters provide important insights into each of these realms of globalisation and development.