How do the Chinese state, employers, employees and non-governmental organizations (NGOs) shape the voice structures in state-owned and non-state enterprises? The author discusses older urban workers’ limited voices in overturning the tides of privatization and corporate reorganizations during the 1990s and 2000s. At the same time, new workers - including nearly 300 million internal migrants from the countryside - have entered into export-oriented manufacturing and services. The repressed voices of these younger cohorts of rural migrant employees are explained by the absence of effective union representation and the weak enforcement of law. To preserve social stability and political legitimacy, the government needs to listen to workers’ voices, however modest the ongoing legal reforms. As the Chinese economy has stalled, from around 2015, the suppression and silencing of employee voice has become prevalent. Worker protesters and their supporters will continue to confront a tactical mix of reconciliation and repression from all fronts, engendering uncertainties and instabilities.
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Robert K. Rasmussen
Updates the two main aspirations of The End of Bankruptcy. The first aspiration was to articulate the conditions necessary for a Chapter 11 proceeding to serve its traditional goal of protecting a business’s going-concern surplus through a negotiation among its stakeholders. The second was to use this understanding as a basis to take stock of existing bankruptcy practice, especially as it grappled with the financial distress of large enterprises and evolved to market-based resolutions.
Energy efficiency and energy saving are the ‘first fuel’, offering enormous opportunities for tackling climate change. They also contain great economic potential because, in the long run, the return exceeds the costs. Article 194 TFEU allows EU-wide legislation, thereby steering Member States towards certain energy efficiency and energy saving goals. As part of a highly complex regulatory package, the Energy Efficiency Directive was amended in 2018, setting ambitious energy efficiency targets. However, its Energy Efficiency Obligation Scheme has not yet been implemented by all Member States. The Eco-Design Directive offers chances for improving the energy efficiency of electric and electronic appliances but is thwarted by increases in demand caused by more efficient technologies (so-called rebound effects). The Energy Performance of Buildings Directive still struggles with challenges due to the low renovation rate of existing buildings. It is therefore questionable whether the relevant EUs efforts will be in line with international climate change targets.
The methods and efficacy of obtaining compliance with environmental law have been widely researched in both law and political science, with varying conclusions as to the effectiveness of different enforcement tools, especially the use of the infringement procedure in Article 258 TFEU. This chapter seeks to review the Commission’s use of the infringement procedure and financial sanction over the last 20 years. It analyses what role the infringement mechanism has played in environmental compliance and whether its use has changed in light of the Commission’s better regulation agenda, which seeks to move away from the infringement procedure as the dominant tool of enforcement across EU law. This chapter examines the data on Article 258 and Article 260 TFEU between 1998–2017. It shows that the Commission has historically invested huge resources in environmental enforcement through the infringement process. I argue that despite better regulation, and the increasing prominence of other compliance tools in combatting environmental infractions, the infringement procedure remains a significant feature of the Commission’s enforcement strategy as a signalling device: it steers, not rows.
Entrepreneurship and Society: Ideas, Opportunities and Value Creation is a short, two-week course or module intended to provide a social lens through which to examine and explore entrepreneurship. The module is taught by the Centre for Enterprise and Entrepreneurship Studies (CEES) and developed for non-business undergraduate students who are enrolled in the Leeds University International Summer School (LISS) programme.
Ulla Hytti, Jarna Heinonen and Pekka Stenholm
This chapter introduces a course organized as part of the transferable skills curriculum of the graduate school programme. The course is unique in applying the experiential learning method in a short PhD course. The participating PhD students come from different disciplines in the seven faculties at the University of Turku. The course provides an introduction to entrepreneurial thinking and action. It covers a ten-hour learning camp and a two-hour wrap-up session after the camp as well as related pre-readings. Between the sessions, the participants write a reflective learning diary. Based on our analysis of the learning diaries and observations during the camp, the students’ learning outcomes vary between (1) learning about entrepreneurship; (2) recognizing their own learning needs; (3) understanding the role of action; (4) teams in entrepreneurship; (5) transforming problems into solutions; and (6) doing identity work. The chapter underlines the need for subsequent reflection as essential for learning.
Geert van Calster
This chapter reviews the approach of the EU to the issues arising when environmental objectives need to be reconciled with trade policies. Many CJEU judgments – which are often technically complex – have supported environmental goals over and above free trade. When discussing the legal possibilities for Member States to introduce unilaterally more stringent environmental measures which have an impact on the internal market, it is important for one to be familiar with Internal Market terminology. Whether an EU measure is ‘exhaustive’, for instance, is an important issue to consider. Furthermore, specific attention is devoted in the chapter to the issue of free movement versus environmental protection in the area of renewable energy policies, in which the Court showed a lenient approach towards justifying national measures restricting trade.
This chapter reviews the emergence of environmental criminal law in Europe as well as the many changes that have taken place over the past decades. It sketches how environmental criminal law started as a supplement to administrative law, but later received a more autonomous position. Evolutions in case law have led to the possibility for the EU to force Member States to impose criminal sanctions on the violation of legislation implementing European directives. One such directive is the Environmental Crime Directive of 2008 which, however, can only partially contribute to the implementation deficit which criminal law was meant to resolve.
After more than 30 years since the enactment of the Directive on the environmental impact assessment of projects (1985), EIA has become one of the most important representatives of the principle of prevention in the EU, also affecting the drafting of plans and programmes. However, the implementation and actual application of its different requirements encounters diverse obstacles at Member States’ level, such as the definition of the activities subject to EIA, the quality of environmental information (statements) or the thorough analysis of impacts. The CJEU purposive approach in interpreting the EIA directives has certainly been vital in highlighting the reach of basic notions and obligations and the duties of national judges. Successive legislative reforms have progressively tightened Member States’ obligations, thus underscoring the role of EIA in environmental decision-making processes.
This chapter assesses the EU’s development of policy strategies and measures intended to enhance the effectiveness of Member State authorities’ inspection systems overseeing the national implementation of Union environmental protection legislation. Whilst relatively recent in origin, dating back only some two decades, and notwithstanding difficulties of addressing Member State concerns about encroachments on national sovereignty, the Union’s regulatory intervention in this area has emerged to become an integral if challenging component of its contemporary environmental compliance assurance framework.