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Astrid Wood

Building upon the debates around travelling policy and the precipitous imitation of bus rapid transit (BRT), this chapter unravels the multiple and overlapping roles global intermediaries perform in the circulation of knowledge. The chapter takes a multi-disciplinary perspective on intermediaries presenting the plurality of viewpoints from political science, communications, science and technology studies and geography. It then applies these understandings to the case of BRT to understand the business of global intermediaries in the promotion of BRT. The chapter discusses how these global intermediaries create and sustain a process whereby learning is deliberate and methodical but never-ending and unhurried. Such analyses contribute to a more critical understanding of BRT by situating it within a wider process of peripatetic policymaking and politics, and in so doing, explains why certain transport paradigms are elevated and esteemed while others are snubbed.

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Aoife O’Donoghue and Ruth Houghton

Global Constitutionalisation offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. The aim is to create a better global legal order, by filling_these gaps with_both normative and procedural constitutionalism, but, better for whom? Feminism has challenged the foundations of both international law and constitutionalism. It demonstrates that the design of normative structures accommodate and sustain prevailing patriarchal forms that leave little room for alternative accounts or voices. Both international and constitutional law’s structures support the status quo and are often resistant to critical and feminist voices. The question is whether it is possible for constitutionalism to change international law in ways that will open it to alternate possibilities. Feminist Constitutionalism aims to rebuild and rethink constitutional law and reflect feminist experience and debate, to redefine its limits and refocus its ambitions, opening it to new concerns. Global Constitutionalism is not, up to the present, concerned with such questioning. It has been immune to questioning of its underlying aims or assumptions. This chapter considers whether global constitutionalism, if grounded in feminist discourse, could offer international law and global constitutionalism a new pathway. It does so by offering a manifesto which global constitutionalism can take to inculcate feminist concerns into its processes from the outset._

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Lénárd Sándor

This chapter offers an overview on what roles foreign investments as well as international investment agreements have played in Central and Eastern European (CEE) countries, what motivations drove CEE countries to conclude such agreements, and how this new area of law might have shifted the regulatory priorities in the region. The chapter offers a precise analysis on the historical and economical context in which CEE countries joined the international investment regime as well as the basic types of IIAs and their typical provisions they have concluded in the past quarter century. It focuses on the number and nature of the relevant ISDS cases along with their impacts on CEE countries. The chapter attempts to explore the unique dilemma of ‘intra-EU BITs’ posed by a growing network of BITs between European countries. Last but not least, the chapter tries to outline the potentially relevant impacts of the evolving external investment competence of the EU.

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Emma Larking

As a class, women are economically and socially marginalised. This chapter examines the extent of this marginalisation and suggests that it has been exacerbated and entrenched globally as a result of international trade and investment liberalisation. The chapter considers the normative development of social and economic rights as constraints on international organisations and on States’ behaviour in the context of international trade and investment. While the constraining power of social and economic rights is limited, human rights mechanisms are exerting political pressure by denouncing and publicising rights violations, including through an emerging focus on material inequality. Ultimately, however, the achievement of gender equality requires action beyond the domain of international law and human rights – it requires the defence of spaces where non-market-based relations and alternatives economies can flourish.

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Toshiko Takenaka and Christof Karl

This chapter examines the vastly different approaches in claim construction and specification drafting between the two most important patent jurisdictions, the United States and Germany. Despite the differences in approaches, the same set of claims and description of invention is used in an international application to obtain patents in these jurisdictions. The claim construction rule under the US case law discourages patentees from discussing their inventions, which would make it difficult for German courts to engage in claim construction. This chapter discusses the inherently indeterminate nature of claim wording and reviews US and German case law illustrating the fundamental principles and different sources used for claim construction, in particular specification. It also examines US commentators’ reform proposals and suggests changes to the U.S. case law through implementing the proposition formulated from German experiences.

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Christopher Walker

This chapter provides a comparative case analysis of collaborative policy transfer and explores factors that influence the manner in which engagement is structured and organised. Discussion considers the arenas, agents and actions that support the circulation of policy ideas, their adaptation and translation into new locations. The chapter identifies five underlying features that are characteristic of the voluntary and collaborative uptake of circulating policy ideas. The findings note that a shared interest in a particular policy challenge is central to initiating and sustaining collaborative processes, and stemming from this the development of enduring relations between key advocates and champions of transfer is likely to strengthen the chances of successful policy transfer. The case studies highlight that collaborative engagement can range from formal to informal mechanisms of interaction, successful processes effectively link with local policy-making systems, and the effect of collaborative transfer is to strengthen the overall capacity for policy analysis and critique.

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Kate E. Gasparro

A trend toward the use of private sector partners and toward decentralization of participation in funding mechanisms has witnessed the rise of community investment in the form of crowdfunding of public infrastructure projects. While community funding _ for example, municipal bonds or other forms of capital cost sharing _ has long been utilized, civic crowdfunding has arisen with the advent of online platforms. This new mode has been employed at state, regional and community levels in the United States. The chapter explores the advantages and challenges associated with the use of crowdfunding by conducting two case studies involving the construction of two protected bicycle lanes in two different cities. Results suggest that crowdfunding can result in increased engagement of community members in project shaping and increased accountability for project owners and sponsors to the affected community.

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Amy L. Landers

International intellectual property law has begun to transition from a system that favors worldwide harmonization to one that must accommodate nations that prioritize local optimization. Each government is in the process of balancing their own national priorities, including poverty, healthcare, and efforts to grow their economy. Further, patent rights affect consumers, who must pay for the increased costs of patented products. To optimize their domestic patent systems, nations can rely on the policy levers embedded within their domestic patent systems. One primary method of doing so is the inventive step requirement. This chapter examines the various ways that governments arrive at different results using this same patentability requirement.

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Rafael Leal-Arcas

Much of this book has been an institutional analysis of the EU’s decision-making process in trade policy. By institutional analysis, is meant the creation of a conceptual framework in which to assess the trade-offs among the various mechanisms of public policy to ensure oversight of EU trade policy. All proposed mechanisms should be understood and assessed in terms of how well they permit the actors to participate in the decision-making process that affects them in an unbiased manner, compared to other realistic, non-idealized institutional alternatives. The focus has been on a binomial variable, i.e., efficiency versus accountability (technocratic versus democratic trade policy) at the national and supranational levels.

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Rob van Gestel and Andreas Lienhard

The overall aim of this book is to gain a broader overview of the practices, policies, methods and criteria applied in the evaluation of academic legal research in Europe. To this end, we have asked experts from 111 European countries to describe the evaluation practices of legal publications in different contexts, such as the scrutiny by journals and publishers, PhD committees, funding bodies and national research assessment exercises. In addition, we have included a chapter on the EU context in research evaluation because it increasingly affects how research quality is perceived throughout Europe. We were curious to learn to what extent there is consensus about how the ‘quality’ of legal research is determined in a range of countries with different histories, traditions and (academic) legal cultures. In most of the European countries we studied, some similar questions arise regarding the evaluation of academic legal research publications. Institutions for higher education witness growing pressure to develop suitable procedures to evaluate their research. Additionally, increased requirements of accountability for research institutions and researchers to funding bodies have forced researchers and university man¬agers to address this topic.