[governance] Reposting Workshop 3: Transnational enforcement of a new information order – Issues of rights and democracy

[William Drake]

Hi

Parminder could you help me to understand the desired focus?  To me, trans-border enforcement connotes a government or other actor based in one territorial unit unilaterally establishing/enforcing rules applicable in other units, i.e. extraterritoriality.  If memory serves this was the focus of the IGC workshop we were on in Hyderabad.  In contrast, ACTA and the UNESCO treaty (which will be hard to 'enforce') involve the negotiated harmonization of rules, with enforcement being an undertaking each government commits to within its jurisdiction.  These are rather different architectures, no?

If the driving interest here is unilateral/extraterritorial, I'd suggest picking cases in which that model's been followed and comparing, generalizing.  If instead it is the substantive policy problem of IPR, maybe it'd be interesting to frame this as a comparative assessment of different policy architectures for that?  After all, ACTA is a plurilateral response to the increasing difficulties its protagonists have faced getting their way in multilateral settings like WIPO, and to the perceived inadequacies and costs of building an architecture through unilateral imposition and bilateral FTAs...Just a suggestion.

Cheers,

Bill

PS: Small quibble, paradigms and social orders are not the same thing.


On Apr 11, 2010, at 3:26 PM, Parminder wrote:

> Attempting a  quick first draft for the proposed workshop. 
> 
> Proposed workshop title : 'Transnational (or trans-border) enforcement of a new information order – Issues of rights and democracy'
> 
> Internet is shaping a new global information and knowledge paradigm or order. In this respect, many technical issues interact with institutional frameworks around information and knowledge - like IP, but also FoE, cultural rights etc - to develop a unique and unprecedented global system of information and knowledge flows and controls. Trans-border institutional mechanism become a key issue in this regards - and trans-border enforcement of IP laws is a strongly contested subject right now. The pluri-lateral treaty 'Anti-Counterfeiting Trade Act', currently being negotiated has been in the eye of the storm, both vis a vis local constituencies in the countries which are a part of the negotiation, and developing countries who fear that such treaties negotiated without their participation may become the default global institutional framework, including through bilateral FTAs . 
> 
> Apart from IP issues, trans-border enforcement on and through the Internet also has implications for FoE and cultural rights regimes (For instance the recent UNECSO treaty on cultural goods). 
> 
> The proposed workshop will address the above issues, specifically employing the lenses of rights (right to knowledge, FoE, cultural rights etc) and democracy (right to self determination and political participation). 
> 

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